by Professor » Tue Oct 29, 2013 9:25 am
If you can ensure that your communication is sent only via methods where you own or have contract with all the companies that touch your information, then you have an expectation of privacy. For instance, we are looking at contracting with a company that owns a vast network of fiber optic lines. Then can ensure that an e-mail sent from my work computer here in NO to a counterpart in NY will never touch a server, communications line, or any other hardware owned by another company. In this instance, I expect privacy. It's essentially a closed-circuit system.
But, if I send an encrypted message via public means, then the only way that I feel that I can have privacy is if my encryption is better than anyone else's decryption. And, since I don't have that faith, then I expect that it might not be private.
Of course, there's the game of odds. What are the odds that my single message, out of the trillions that are sent, will be intercepted and read? Not big. But, it's still there as a chance.
Also, note that I'm not saying that it's right for the NSA (or anyone else) to intercept message domestically. I'm just saying that I don't expect it.