“Jennifer Caukin, Skype’s director of corporate communications replied to us: “We have not received any subpoenas or court orders asking us to perform a live interception or wiretap of Skype-to-Skype communications. In any event, because of Skype’s peer-to-peer architecture and encryption techniques, Skype would not be able to comply with such a request.”
It goes even further:
“The upshot is that if Yahoo, AOL, Microsoft, or so on received a wiretap order for text or voice flowing through their IM networks, they could (and would) be able to comply because the services are centralized. Even if the users’ conversations are encrypted through the Off-the-Record Messaging protocol, an eavesdropper still knows who’s talking to whom–this is called a pen register or trap and trace device in wiretapping parlance, and it can still be privacy-invasive.
Skype says it doesn’t permit even that. Which means that it’s the most privacy-protective mainstream method of communicating through voice or instant messaging.”
The question is whether or not governments will allow this to continue or if they will try to force Skype to implement some sort of backdoor.