NSA finally admits to spying on Americans by purchasing sensitive data

This is about as shocking news as when Snowden said it. Or the Patriot Act was passed. Or when it was revealed the FBI spied on civil rights movement leaders. Or the era of the red scare. Or when the FBI was first formed. Or...

(Seriously, just knowledge of recent history makes any of this unsurprising. There's a reason the far right exists)

Not to say it's not worth publicly pointing out, again I guess. But these organizations basically operate on the edge or outside the laws and the constitution itself. You can't really fight a legal battle against an appointment that doesn't, hasn't, and was created from the onset to not care about the law. This is an issue that will never be resolved without a massive redoing of the government itself, and considering that they are part of the government, that means there's no peaceful means of resolution. All peaceful measures will be about as effective as convincing the PRC to stop spying on it's citizens by talking to them. Even if Congress magically passed a law and didn't care about likely blackmail these organizations carry on some senators (and that's probably plenty on the Republican side), they'll always find a way around it. Heck just off the top of my head, they'll probably just increase reliance on the 7 eyes members.

This is a battle long ago lost civically. If you want any semblance of privacy from the government as an American, it'll be your responsibility, and it'll likely draw more scrutiny anyway. Heck, they never even got punished for their just recent escapade of secret service deleting messages for example.

Accept the comfort of peace under the ever gazing eye, or be willing to sacrifice everything to scratch at a castle. That's all there is left - and considering they spy on expats, likely there is no escape, until death of yourself or of your social life.

Edit: you can downvote the pessimism all you want - things will still be as they are 10 years from now as they have been the last 50+. See you next time in the perennial "person in government points out terrible thing that was obviously happening, organization admits it's true, and then nothing happens or things get worse". Feel free to give a solution that'll lead to something that might eventually work, but we know deep down the truth.
 
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62 (134 / -72)
Wyden suggested that the intelligence community might be helping data brokers violate an FTC order requiring that Americans are provided "clear and conspicuous" disclosures and give informed consent before their data can be sold to third parties. In the seven years that Wyden has been investigating data brokers, he said that he has not been made "aware of any company that provides such a warning to users before collecting their data."
This is the actual problem. There is a problem with intelligence agencies buying data, but there's a much bigger problem with these companies selling the data in the first place. Making it illegal for the NSA to purchase what is perfectly legal for the Chinese State Security Ministry or the Russian Foreign Intelligence Service to buy is just being stupid.

What's more - making it illegal for the NSA to buy it means nothing if the British MI6, French Directorate for External Security, the Israeli Mossad, or any other allied intelligence service can purchase it because the NSA can just get it from them.

The thing that needs to be done is to make it illegal to sell the data at all without explicit consent. Will that kill an industry? Maybe, maybe not. If it does it's an industry that deserves to die. If it doesn't, then it'll make the whole process more transparent and better for all of us. Either way it's a win-win.
 
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317 (320 / -3)

Not_an_IT_guy

Ars Tribunus Militum
1,585
Subscriptor
These are true Americans trying to protect American from ALL enemies, foreign or domestic. They will use any tools they can get to to fulfill their sacred charge.

or to put in Darkest Dungeon terms.

"Worry not overmuch about your actions, your noble ends justify any of the means you may choose."

/s, I think, I don't even know anymore.
 
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67 (74 / -7)
It isn't illegal, and this has been a known loop-hole for almost 50 years. The other absurd known loop-hole is that we spy on citizens of the other 5 EYES (edit - not 7) countries, they spy on ours, then the spy groups trade data. So technically neither group did spying on their own citizens.
 
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127 (130 / -3)
It isn't illegal, and this has been a known loop-hole for almost 50 years. The other absurd known loop-hole is that we spy on citizens of the other 7 eyes countries, they spy on ours, then the spy groups trade data. So technically neither group did spying on their own citizens.
Isn’t that the Five Eyes nations: US, UK, Canada, Australia and New Zealand?

Possibly same setup with other allied nations. It wouldn’t be a surprise that a lot of intelligence sharing is to utilize such loopholes.
 
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39 (39 / 0)

Fatesrider

Ars Legatus Legionis
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"The US government should not be funding and legitimizing a shady industry whose flagrant violations of Americans' privacy are not just unethical but illegal," Wyden said in a letter to Director of National Intelligence (DNI) Avril Haines. “To that end, I request that you adopt a policy that, going forward," intelligence agencies "may only purchase data about Americans that meets the standard for legal data sales established by the FTC.”
Here's a thought: Pass a law that no personal information can be released to anyone - sold, borrowed, traded, gifted, subpoenaed, etc. - without all parties informing the individual that their personal information was accessed, by whom and why.

For legal entities, that's what's required for a warrant, which is what these fuckers are not getting to get our private information.

Oh, wait, we have laws that say do that, for the most part.

Well, fuck, if the laws we have aren't good enough, maybe we need to swap out the people breaking them, throw them in prison for a few years, and hire folks who will actually follow the laws.

Or, I don't know, ban the collection of that data in the first place?
 
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67 (69 / -2)
Isn’t that the Five Eyes nations: US, UK, Canada, Australia and New Zealand?

Yep it is Five Eyes, not 7, not sure why I put 7 - brain fart :) (Funnily there are other X Eyes - 5 Eyes+, 9 Eyes, 14 Eyes - all related to the same sort of intelligence sharing, but no 7 eyes).

Possibly same setup with other allied nations. It wouldn’t be a surprise that a lot of intelligence sharing is to utilize such loopholes.

Yeah not sure, wouldn't surprise me - especially for Israel and Nordic countries but don't recall reading anything specific on it (on the 'we spy on your citizens we spy on yours front' plenty of general intelligence sharing, but not per se about working around national legal restrictions on intelligence agencies).

In recent years, documents of the FVEY have shown that they are intentionally spying on one another's citizens and sharing the collected information with each other, although the FVEYs countries claim that all intelligence sharing was done legally, according to the domestic law of the respective nations.[11][12][13][14][92] Shami Chakrabarti, the director of the advocacy group Liberty, claimed that the FVEY alliance increases the ability of member states to "subcontract their dirty work" to each other.[93]

https://en.wikipedia.org/wiki/Five_Eyes
 
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16 (18 / -2)

Failed2Boot

Ars Praetorian
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Here's a thought: Pass a law that no personal information can be released to anyone - sold, borrowed, traded, gifted, subpoenaed, etc. - without all parties informing the individual that their personal information was accessed, by whom and why.

For legal entities, that's what's required for a warrant, which is what these fuckers are not getting to get our private information.

Oh, wait, we have laws that say do that, for the most part.

Well, fuck, if the laws we have aren't good enough, maybe we need to swap out the people breaking them, throw them in prison for a few years, and hire folks who will actually follow the laws.

Or, I don't know, ban the collection of that data in the first place?
Yeah but they offer free credit monitoring for your troubles.
 
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40 (40 / 0)

Lexus Lunar Lorry

Ars Scholae Palatinae
906
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Not being allowed to collect data yourself but being allowed to buy/trade it from others seems like a colossal loophole and perhaps a gift to the government contractor industry.

I wonder how this applies for things like mercenaries: if a band of private military contractors commits a war crime on their own initiative, is the company or their employer responsible?
 
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32 (32 / 0)

agt499

Ars Tribunus Militum
2,198
If congress wants to stop this (and they should) then laws need to be passed to prevent it.
I think it's time for a new set of Bork Tapes

Edit: tldr Publication of the video rental history of Supreme Court nominee, 1987, which subsequently led to legislative protection.
 
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36 (36 / 0)

Arstotzka

Ars Scholae Palatinae
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I think it's time for a new set of Bork Tapes

Edit: tldr Publication of the video rental history of Supreme Court nominee, 1987, which subsequently led to legislative protection.
If Patreon is trying to get those existing laws overturned, do you really think there's a hope of getting new laws when Facebook's lobbying powers are used?

It is a depressing reality.
 
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19 (19 / 0)
This should be a surprise to absolutely nobody; John Oliver covered it nearly 2 years ago!
View: https://www.youtube.com/watch?v=wqn3gR1WTcA


The surprising thing to me is that this isn't a bipartisan issue that gets fixed immediately. If we can't have common ground on this being bad for the government to be doing and demanding our reps close this loophole, how are we ever gonna agree on anything? Insanity.
 
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48 (49 / -1)

dustradio

Wise, Aged Ars Veteran
105
The surprising thing to me is that this isn't a bipartisan issue that gets fixed immediately. If we can't have common ground on this being bad for the government to be doing and demanding our reps close this loophole, how are we ever gonna agree on anything? Insanity.
The GOP doing something that actually benefits the general public at the expense of buisines? BWAHAHAHA, right.
 
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27 (32 / -5)
So quick to count out the global collapse of industrial civilization :)
Eh, I'm betting on that one happening 20 years from now, when more of the fresh water runs out and the polar vortex is either gone or free roaming.

And even then the spy network may still persist. Information has value in warfare after all.
 
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6 (8 / -2)
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Bernardo Verda

Ars Legatus Legionis
13,146
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What if the bought and paid for data helped to save American lives?

What if NSA data mining could have prevented 9/11 ... and in turn the fiasco Wars in Afghanistan and Iraq?

What if NSA data mining could have prevented Jan 6th? Those were domestic US citizens.

What if the FBI could remove the fig leaf and use data mining to prevent human trafficking and child pornography?


I don't understand why the Ars commentariat gets all huffy when the NSA collects data but doesn't seem to care when TikTok (and presumably the Chinese govt) does it.
Probably because you are very, very confused about what "the Ars commentariat" actually does or does not get "huffy" about. Maybe because those ideological blinkers keep you from seeing the broader picture, and anyhow you aren't actually looking around anyways?
 
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30 (35 / -5)

heffer101

Smack-Fu Master, in training
8
Yeah, I totally deleted that useful data that was super illegal and put into massive use. Sout's honor. Trust me bro

There better be an audit
e; they already built their models. they already have a "dataset". What's done is done and while nothing new is coming their way, im sure they could improve on what they already have
 
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3 (4 / -1)