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NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
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Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#12Earlier quoted context omitted.
If the government is doing it as an end run around the fourth amendment then that should be illegal.
But they are though? I agree that intrinsic privacy rights should prevent this. But the fact is this data is freely available, it's public information, the individual has released it appropriately. The problem isn't the govt using public data, the problem is that the data is public. You simply cannot have a privacy concern when you've agreed for it to not be private in the first place.
It's not freely available, it's for sale. And just because private data is for sale does make it public.
Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#13Earlier quoted context omitted.
But they are though? I agree that intrinsic privacy rights should prevent this. But the fact is this data is freely available, it's public information, the individual has released it appropriately. The problem isn't the govt using public data, the problem is that the data is public. You simply cannot have a privacy concern when you've agreed for it to not be private in the first place.
It's not freely available, it's for sale. And just because private data is for sale does make it public.
It's private property that happens to be data. The fact it's allowed to be collected and sold to anyone much less the government.
Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#14Earlier quoted context omitted.
If the government is doing it as an end run around the fourth amendment then that should be illegal.
Why would it be legal for a person or company to buy this publicly offered information but illegal for the government?
The government is bound by the fourth amendment.
Regardless, if people cannot have privacy because companies can coerce and buy so much information about them, then that too is a violation that should be illegal. (For example because it's increasingly impractical to live without a smart phone and cell tower connections, or avoid iTags.)
Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#15Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#16Earlier quoted context omitted.
Why would it be legal for a person or company to buy this publicly offered information but illegal for the government?
The government is bound by the fourth amendment. Regardless, if people cannot have privacy because companies can coerce and buy so much information about them, then that too is a violation that should be illegal. (For example because it's increasingly impractical to live without a smart phone and cell tower connections, or avoid iTags.)
It is not a violation of the fourth amendment to buy information you’ve granted to parties to sell. Hacking your router and gathering the information that way would be illegal, this is just buying data like a thousand other businesses do.
Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#17Maybe this is a naive question, but if the information is for sale, why would the government need a warrant?
Fourth Amendment. Here’s the answer in depth: https://www.lawfaremedia.org/article/when-the-government-buy...
The fourth amendment is not about buying things everyone else is able to buy
Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#18Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#19Earlier quoted context omitted.
Why would it be legal for a person or company to buy this publicly offered information but illegal for the government?
The government is bound by the fourth amendment. Regardless, if people cannot have privacy because companies can coerce and buy so much information about them, then that too is a violation that should be illegal. (For example because it's increasingly impractical to live without a smart phone and cell tower connections, or avoid iTags.)
The third-party doctrine is a loophole in the fourth amendment.
> The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information. A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant.
Re: NSA Buys Americans' Internet Data Without Warrants, Unclassified Letter Says
#20Earlier quoted context omitted.
The fourth amendment is not about buying things everyone else is able to buy
You should consider reading the article.
Really truly hate agreeing with brookings, but they are right here.
I find it interesting where the line between freedom and acceptable government intervention seems to be for many people. There must be an aspect of “what do I have to worry about” that doesn’t kick in until people explicitly see what they have to worry about looming.