Christopher Soghoian, a senior policy analyst at the American Civil Liberties Union, said yesterday that "Apple's service is not designed to be government-proof." "It's much much more difficult to intercept than a telephone call or a text message" that federal agents are used to, Soghoian says. "The government would need to perform an active man-in-the-middle attack... The real issue is why the phone companies in 2013 are still delivering an unencrypted audio and text service to users. It's disgraceful."

Last month, the Senate Judiciary Committee approved an amendment attached to the Video Privacy Protection Act Amendments Act (which deals with publishing users’ Netflix information on Facebook pages) that would have required federal law enforcement to obtain a warrant before monitoring email or other data stored remotely (i.e., the cloud). The Senate was set to approve the video privacy bill along with the email amendment, which would have applied to a different law, the 1986 Electronic Communications Privacy Act. But then senators decided for reasons unknown to drop the amendment.