Microsoft patent raises concerns - Will Skype have a backdoor?

by Steve Ragan - Jun 28 2011, 13:50

A Microsoft patent application has some running for the hills and others damning Skype as a soon-to-be-bugged piece of software. The patent, which covers the process of implementing an agent to silently record calls, is aimed at Lawful Interception. Should this cause a panic, or is it a clue to future business developments?

The patent’s abstract explains:

Aspects of the subject matter described herein relate to silently recording communications. In aspects, data associated with a request to establish a communication is modified to cause the communication to be established via a path that includes a recording agent.

Modification may include, for example, adding, changing, and/or deleting data within the data. The data as modified is then passed to a protocol entity that uses the data to establish a communication session. Because of the way in which the data has been modified, the protocol entity selects a path that includes the recording agent. The recording agent is then able to silently record the communication.

Later, the patent adds that the recording agent would be leveraged against any, “…form of packet-based communication that may be used to transmit audio over a wireless and/or wired network. For example, VoIP may include audio messages transmitted via gaming systems, instant messaging protocols that transmit audio, Skype and Skype-like applications, meeting software, video conferencing software, and the like.”

The patent was filed in 2009, long before Microsoft planned to purchase Skype. At the same time, it represents many of the fears that some in the public had when the merger was announced. Yet, should anyone be surprised by Redmond’s patent?

No. Microsoft is a huge company, and they patent things all the time. However, Microsoft was already moving further into the telecommunications space. Something like this is already required by law, so depending on how far they go into the telecom market, Microsoft had to do something. On the other hand, this may be a clue to future business developments.

In 1994, the U.S. passed a wiretapping law, the Communications Assistance for Law Enforcement Act (CALEA), requiring telecom carriers and telecom equipment manufacturers provide built-in access for law enforcement. Essentially, they are required to make things easy when the government or local police need to intercept communications. This act was updated in 2005 to include broadband providers and VoIP services.

Part of the amendments for CALEA also stated that those governed by the act could use a TPP (Trusted Third Parties) to manage the functions and hardware required for intercept compliance. It’s possible, given what Microsoft describes, that they would like to be one of those trusted parties. Otherwise, it could be a sign of things to come for Windows Mobile and that platform.

Microsoft has remained silent when it comes to questions related to the patent, which is available here: http://bit.ly/jfhpi0

Around the Web