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I requested my photographs from the Department of Homeland Security (2015)

arstechnica.com

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Re: I requested my photographs from the Department of Homeland Security (2015)

#31

Post by advisedwang »

cyberge99 wrote: post #22
advisedwang wrote: post #19

Earlier quoted context omitted.

It is a crime under 5 USC 552a(i)(3) https://www.law.cornell.edu/uscode/text/5/552a : > Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

5,000$ USD might be worth it for a paparazzo or other neerdewel.

The criminal record is probably more of a threat than the money in such cases.

I'm more worried that if there is no way to get caught, people won't care about the criminal penalties no matter how heavy.

Re: I requested my photographs from the Department of Homeland Security (2015)

#33

Post by adrr »

nonameiguess wrote: post #30
deregulateMed wrote: post #10

Is there a way to see what information Apple and Google has given to the US government through PRISM? I'm not radical anymore, I'm just curious what boring topics they had to listen to over the years to ensure I'm not a threat.

Unless they're breaking the law, the NSA still needs a warrant to request data if you're an American citizen. If you're the subject of an active investigation, law enforcement and spy agencies alike tend not to tell you that and are under no obligation to disclose anything. If the investigation is closed, then you can request data under a general FOIA request, but you'd have to know there was an investigation about y…

Do they need a warrant if the company sells the data? Mobile carriers were selling location dats on specific customers to private companies. Banks are selling credit card purchase data.

Re: I requested my photographs from the Department of Homeland Security (2015)

#34

Post by jaywalk »

nonameiguess wrote: post #30
deregulateMed wrote: post #10

Is there a way to see what information Apple and Google has given to the US government through PRISM? I'm not radical anymore, I'm just curious what boring topics they had to listen to over the years to ensure I'm not a threat.

Unless they're breaking the law, the NSA still needs a warrant to request data if you're an American citizen. If you're the subject of an active investigation, law enforcement and spy agencies alike tend not to tell you that and are under no obligation to disclose anything. If the investigation is closed, then you can request data under a general FOIA request, but you'd have to know there was an investigation about y…

> You may or may not believe the NSA actually complies with the law

If you believe that they do, I've got a bridge to sell you. Congress is entirely derelict in their duties of holding them accountable, and has been for a very long time.

Re: I requested my photographs from the Department of Homeland Security (2015)

#35

Post by atoav »

jaywalk wrote: post #34
nonameiguess wrote: post #30

Earlier quoted context omitted.

Unless they're breaking the law, the NSA still needs a warrant to request data if you're an American citizen. If you're the subject of an active investigation, law enforcement and spy agencies alike tend not to tell you that and are under no obligation to disclose anything. If the investigation is closed, then you can request data under a general FOIA request, but you'd have to know there was an investigation about y…

> You may or may not believe the NSA actually complies with the law If you believe that they do, I've got a bridge to sell you. Congress is entirely derelict in their duties of holding them accountable, and has been for a very long time.

It is also the wrong question. In practise (as shown by the snowden revalations) the actual question is not if the secret services comply with the law — it is whether the law complies with the secret services.

In most nations where illegal practises came to light these illegal practises have been legalized after the fact. The breaches of fundamental laws that happened before have gone unpunished.

So to say secret services comply with the law is really a bit rich, given that when they don't law is usually adjusted to fit their behaviour with no punishments for any wrongdoing.

Re: I requested my photographs from the Department of Homeland Security (2015)

#38

Post by bobsmooth »

nonameiguess wrote: post #30
deregulateMed wrote: post #10

Is there a way to see what information Apple and Google has given to the US government through PRISM? I'm not radical anymore, I'm just curious what boring topics they had to listen to over the years to ensure I'm not a threat.

Unless they're breaking the law, the NSA still needs a warrant to request data if you're an American citizen. If you're the subject of an active investigation, law enforcement and spy agencies alike tend not to tell you that and are under no obligation to disclose anything. If the investigation is closed, then you can request data under a general FOIA request, but you'd have to know there was an investigation about y…

You don't need a warrant if one of your partner countries has already spied on your citizens and will share the data.

Re: I requested my photographs from the Department of Homeland Security (2015)

#39

Post by dudul »

dylan604 wrote: post #17
xwdv wrote: post #2

You might not want to do this without good reason, it can get you put on some kind of list.

If they have data on you, then you are already on a list. Circular logic. It just so happens everybody is on the list. There's no special treatment.

There are probably more than one list.

Re: I requested my photographs from the Department of Homeland Security (2015)

#40

Post by pessimizer »

deregulateMed wrote: post #11
Spare_account wrote: post #4

Earlier quoted context omitted.

I wondered about this, but I didn't know if it would really happen. Do we have any evidence for it?

When a police officer asks "do you know why I pulled you over?" And you answer "I pled the fifth" instead of "no" You did nothing wrong, but their spidy senses go wild. It's like that, but with more government paperwork and database updates.

Exactly. Rational (on the police/government's part), but perverse (in that it punishes exercising your rights by taking them away.)
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