While cleaning out my inbox, I found this Washington Post article about how terrorist groups are doing their best to be careful about our surveillance.
When terrorist groups learned that the National Security Agency could track electronic communication only when it was in transit — not when it was sitting in an inbox — users started drafting messages in free e-mail accounts, then allowing others to log in to the accounts and read the drafts. No message ever had to be sent.
This is yet another example of our jurisdictional hindrance, which the terrorists do not have. For years computer criminals have taken advantage of the fact that they could commit crimes over the Internet in other countries, and that the lack of cooperation between their own country’s police and the target countries police meant that they couldn’t be touched.
That went away as police forces began cooperating. Now they appear to be exploiting the jurisdictional boundaries of specific legal frameworks, such as the NSA’s charter which stops where ECPA begins.