"The first rule," Buzzfeed staffer Russell Brandom writes, "former Navy SEAL Mike Janke tells me, is that you have to assume the worst: 'Everything you do and say — email, text, phone — is monitored on some level.'"
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First, technically speaking — even if Silent Circle was brought in front of Congress, or their records were subpoenaed, the structure of Silent Circle prevents it from disclosing any user information. Why? Because the App uses the iPhone CPU to encrypt the data. Any data that leaves the iPhone leaves as total, military grade gobbledy gook, until it reaches another subscriber, in which case it is unscrambled.
Ahhh, but what about the encryption key? A new one is created and erased for every transmission, making each transmission completely, and perpetually indecipherable.