The explosion in communications volume, because of the widespread use of cell phones, faxes, and the Internet, is also a problem. As communications increase, the percentage of messages containing valuable intelligence drops, and finding that information becomes more and more difficult. Perhaps the most difficult challenge facing the intelligence communities is the widespread use of encryption technologies. When once the NSA was able to recruit the best and the brightest, now they are going on to work for much higher salaries in the Silicon Valley. In the short term, law enforcement will be outpaced by technology.
Technology is changing faster than they can keep up with it, much less get ahead of it.
In the long term, there is going to be an ever narrowing line between protecting the citizenry and violating their right to privacy. History has shown that these agencies have not followed the letter of the law, so to say that legislation will solve the future problems is naive. Several possibilities exist. For an Orwellian 1984 future to take place is not out of the question. Governments have already asked for all encryption keys in an attempt to keep up with technology.