[HN Gopher] The U.S. Treasury is buying private app data to targ...
       ___________________________________________________________________
        
       The U.S. Treasury is buying private app data to target and
       investigate people
        
       Author : _-david-_
       Score  : 244 points
       Date   : 2021-11-09 18:41 UTC (4 hours ago)
        
 (HTM) web link (theintercept.com)
 (TXT) w3m dump (theintercept.com)
        
       | shrubble wrote:
       | Idea: get together some money, buy data of 100 of the CEOs of
       | Fortune 500 companies.
       | 
       | Publish everything found, see if the laws are then changed...
        
         | darkwizard42 wrote:
         | A good start, but their profiles are probably incredibly well
         | scrubbed (or whatever is out there is already mitigated).
         | 
         | Instead, collect it on every Congressperson and then see how
         | fast things change. Most politicians don't have the means to
         | scrub their backgrounds like multi-million dollar PR-vulnerable
         | CEOs.
        
           | saganus wrote:
           | Seems more likely that those same Congresspersons
           | (Congresspeople?) will try to stomp you out of existence,
           | before making any changes to the law.
           | 
           | I don't imagine people with such amount of power and
           | connections to just roll over because "they caught us with
           | the hand in the cookie jar!"
        
         | wmf wrote:
         | It's probably faster to buy data on members of Congress. I
         | assume that's where things likt the Video Privacy Protection
         | Act came from.
        
       | jdhn wrote:
       | I'm curious what the overall take will be on this. Normally, this
       | action would be frowned upon if it was a private company, but I'm
       | assuming that people may be more open to it being done by
       | Treasury because it's "for the societal good".
        
         | leereeves wrote:
         | > but I'm assuming that people may be more open to it being
         | done by Treasury because it's "for the societal good".
         | 
         | Politics in America has become so hostile that people are now
         | openly celebrating harm done to "the other side", so I don't
         | doubt that there are people who will feel that way.
         | 
         | But I suspect that most of them will feel quite differently
         | when the White House is controlled by the other party.
        
         | HWR_14 wrote:
         | Funny, I assume the exact opposite. I'm guessing many people
         | oppose government data collection but because they are buying
         | data on the open market from people who "opt in", they're okay
         | with it.
         | 
         | I wish there was the ability to make a poll:
         | 
         | * This is fine, privacy is dead.
         | 
         | * This is okay because of private companies collecting and
         | selling the data, even to the government
         | 
         | * This is okay because the government is using this data to
         | enforce laws I believe in, even though it rewards private data
         | merchants.
         | 
         | * Everyone involved is evil, the contracts should be voided and
         | the companies dissolved.
        
           | akamaka wrote:
           | * It's much more urgent to address how private companies use
           | the data, since we at least have some visibility into what
           | the government is doing with it.
        
           | bryanrasmussen wrote:
           | this is bad because people who opt in think either that their
           | data is not being sold to third parties or that the third
           | party buying data is another company, nobody when opting in
           | assumes that their data will be used in an investigation that
           | can then lead to criminal charges.
        
           | quantified wrote:
           | We all committed privacy suicide when we bought smartphones.
           | The data that we thought should be out of government hands,
           | we put into the hands of many businesses. I agree it seems
           | unsettling, but why can't the government purchase information
           | on the open market?
        
             | [deleted]
        
           | Cycl0ps wrote:
           | https://strawpoll.com/a584xf5re
        
             | [deleted]
        
             | derekjdanserl wrote:
             | I am entertained by how the HN crowd goes Marxist when it
             | comes to private data.
             | 
             | (Please think twice before replying based on lazy
             | presumptions of what Marxism is.)
        
               | getcrunk wrote:
               | I mean the available options kinda forces that.
        
               | handrous wrote:
               | I, for one, liked the options, and happily chose
               | "Everyone involved is evil, the contracts should be
               | voided and the companies dissolved."
               | 
               | I think middle age is turning me into some flavor
               | anarchist. Weird.
        
           | wongarsu wrote:
           | There's also
           | 
           | * The data collection is fine, but the government shouldn't
           | be allowed to circumvent checks and balances by buying this
           | data
           | 
           | * The government using such data without warrant is fine, but
           | it shouldn't be sold on the open market
        
             | fidesomnes wrote:
             | oh okay, stop it when you get a chance.
        
           | dr-detroit wrote:
           | If you want to politicize any issue at all it must become a
           | zero sum prisoners dilemma where I enjoy the benefits and the
           | dreaded "other" is annihilated.
        
           | BurningFrog wrote:
           | Whether I think it's fine or not, privacy is dead.
        
           | ncallaway wrote:
           | Can we...can we have at least one "not okay" option that
           | doesn't brand everyone involved as evil?
        
             | xerox13ster wrote:
             | If it's not okay, then everyone involved made a choice to
             | be complicit in something that is "not okay". Willingly
             | participating in harmful activities isn't evil?
        
               | dylan604 wrote:
               | Only if you do it while twirling a mustache.
        
         | cma wrote:
         | Imagine the government wanted to know who "deepthroat" was
         | during Watergate: just buy the location data of the journalists
         | and anyone nearby.
        
         | bragr wrote:
         | I don't have a problem with the government accessing the data
         | per se. Given that the data exists and is commercially
         | available, it would seem silly to tie their hands from
         | accessing it. Police routinely run credit checks or just google
         | people of interest to learn what is publicly known about them
         | and I don't really have a problem with that. What I do have a
         | problem with is that our privacy laws and culture are so lax
         | that detailed location information has essentially become part
         | of the public record of a person. It seems like one way or the
         | other, governments will find avenues to get at that data if it
         | exists, and if you don't want the government tracking people,
         | better to cut the data off at the source.
        
       | literallyaduck wrote:
       | Don't like it? Organizations like the EFF have been working to
       | stop overreach:
       | 
       | https://www.eff.org/deeplinks/2021/01/eff-fincen-stop-pushin...
       | 
       | You can help financially, and contact each of your
       | representatives and senators and request they act to stop this
       | end run around the constitution.
        
       | mensetmanusman wrote:
       | " Critics of the software say it essentially allows the state to
       | buy its way past the Fourth Amendment, which protects Americans
       | from unreasonable searches."
       | 
       | Interesting. Clearly data analysis can find all the tax dodgers,
       | but is that an unreasonable search?
        
       | 1cvmask wrote:
       | Privacy invasion and surveillance is like invading countries a
       | bipartisan issue. They always moan when one side uses government
       | excesses against the "other" side but still vote for enhanced
       | executive power and overreach all the time.
       | 
       | The national security and surveillance state is as bipartisan as
       | putting economic sanctions on poor Latin American countries,
       | arming proxies, funding NGO fronts and bombing countries.
        
       | sroussey wrote:
       | You should see the data they are buying on crypto related
       | persons. 8-/
        
       | motohagiography wrote:
       | If one sees the U.S. constitution and its amendments merely as
       | dated conventions, there is no reason for the IRS and other
       | agencies not to leverage tech to drive enforcement numbers, and
       | for the agencies themselves to just become the policy levers they
       | want to have. However, there are others who believe the rules are
       | in place to prevent this precise type of eventuality, where a
       | technological change shifts the balance of power and shreds any
       | perception of a social contract, so you need rules that limit the
       | scope and powers of government so it doesn't consume and enslave
       | everything.
       | 
       | I think a generation of people who believe the former statement
       | have taken control of institutions, and we're watching it play
       | out now. If you want to predict what this generation of
       | bureaucracy will do, find the emergency exceptions and
       | notwithstanding discretion to every law that protects the
       | individual and limits the power of government, and then contrive
       | the excuse that enables it, and this will be the policy and
       | tactics of the people behind it. This Treasury collecting data
       | story isn't about legalisms and principles, the people doing it
       | really are nihilists, where language itself is just words that
       | can mean anything, so it might as well mean whatever they want.
       | Arguing under the false belief that principles and logic matters
       | means doing nothing while they ratchet up controls and make
       | themselves impossible to dislodge.
       | 
       | You aren't going to persuade the Treasury or other people
       | involved in these plays with reason, as the prospect of total,
       | permanent, tech-facilitated dominion means the stakes are too
       | high for them not to make a play for it. Only the courts, or
       | sadly, conflict can dislodge it I think. We need to seriously
       | consider how much tech is causing our governments to metastasize,
       | and what the options for mitigating it are.
       | 
       | There is no reason to believe your phone that tracks everything
       | about you will not be used by people in government without
       | accountability as leverage against you personally. This was
       | paranoid ranting 20 years ago, and today it's just unpopular
       | buzzkill. All that's left is to say "it was ever thus" and the
       | only people who complained were the ones merely maladapted to the
       | change and the inevitable progress of history.
        
         | jasonfarnon wrote:
         | "I think a generation of people who believe the former
         | statement have taken control of institutions" I think the cause
         | and effect are backwards here. It is their having taken control
         | of institutions that makes individuals less likely to take
         | seriously the spirit of pesky constitutional protections. Which
         | was of course foreseen by the founding fathers.
        
         | pjmorris wrote:
         | > There is no reason to believe your phone that tracks
         | everything about you will not be used by people in government
         | without accountability as leverage against you personally.
         | 
         | I have one small revision: There is no reason to believe your
         | phone that tracks everything about you will not be used by
         | people without accountability as leverage against you
         | personally.
        
       | cblconfederate wrote:
       | At this point why not privatize the government? It will save the
       | US billions of dollars in deals.
        
       | smallerfish wrote:
       | a) Both contracts are tiny ($150k each) although obviously these
       | may be pilot programs.
       | 
       | b) Finding evaders of sanctions seems like it should fall under a
       | national security agency's purvue. We all take it for granted
       | that the NSA could pinpoint our locations pretty easily, right?
       | One thing that's particularly insane about the US government is
       | how many departments have intelligence agencies. Obviously the
       | ideal would be to have a small handful of well regulated
       | intelligence agencies (emphasis on "well regulated", and you only
       | have to look at the overreach by e.g. the CIA over the past 50
       | years to know that the US has had issues with that.)
       | 
       | c) The tax evasion contract looks at social media posts to find
       | tax evaders. I wouldn't be particularly upset if the IRS had
       | their own internal tech department doing this - if you're going
       | to have a tax agency, you want it to be able to prevent cheating,
       | otherwise the tax system falls apart. Finding people who have
       | declared themselves to have beaten the system in a public forum
       | is a cheap and easy way to go after cheaters.
       | 
       | There's a lot of pork in contracts that government agencies give
       | out to private contractors, but this seems like a relatively low
       | spend, and so it doesn't seem particularly bad that the IRS has
       | decided that this is outside of their current expertise and given
       | out a contract to chase it.
        
         | Zak wrote:
         | > _We all take it for granted that the NSA could pinpoint our
         | locations pretty easily, right?_
         | 
         | In the same way we take it for granted that a SWAT team could
         | kill any of us pretty easily. They have (and probably should
         | have) the _ability_ , but the authority to use it should be
         | very limited and subject to stringent oversight.
        
           | smallerfish wrote:
           | No doubt. But, say that the NSA were given the purvue over
           | enforcing sanctions (because they are the national security
           | agency). Should they be able to monitor who is visiting the
           | country with the sanctions?
           | 
           | Sanctions are kind of like the tax agency situation - if
           | you're going to wield them as a national security tool, then
           | you want to be able to enforce them, otherwise they're
           | relatively meaningless. And enforcing them necessarily
           | involves watching to see if your country's citizens are
           | evading them.
        
             | Zak wrote:
             | I don't want the NSA to perform domestic civilian law
             | enforcement functions any more than I want the army to, for
             | similar reasons.
             | 
             | The type of oversight applied to military and foreign
             | intelligence action is fundamentally political. Whether and
             | how to impose sanctions against, spy on, or invade another
             | country are questions for congress and the president in the
             | US and rarely involve the courts.
             | 
             | The type of oversight applied to law enforcement is
             | fundamentally legal. Courts apply existing law to the set
             | of facts in a given case. Congress and the president do not
             | get involved directly and any attempt by political
             | officials to influence the outcome is scandalous, if not
             | criminal.
             | 
             | So should the NSA hack Iran's immigration database to see
             | who's been going there? Perhaps. Should anything discovered
             | that way be admissible in a criminal trial? Almost
             | certainly not. Should the NSA tip off the FBI about
             | domestic crimes? Mostly no, I think, but perhaps in a very
             | limited fashion when the crimes involve national security
             | or foreign policy. Gathering evidence that can be used in a
             | criminal trial would still be the responsibility of the
             | FBI.
        
       | cabbagehead wrote:
       | The pseudonymised ad data is just going to tell you the numbers
       | of people travelling to sanctioned states. No big deal. There
       | would be a story here if the government was re-identifying
       | people, which would be a clear breach of the law. But there's no
       | evidence or suggestion of that happening, just "assume the worst
       | of government" speculation. Poor journalism.
       | 
       | As for looking at public social media posts for evidence of tax
       | dodging, I'd hope that if someone was dumb enough to advertise
       | this publicly, and everyone can see they are abusing other
       | citizens out of funding for public services, the IRS should look
       | into it.
        
       | downWidOutaFite wrote:
       | A lot of right vs left division is one side wanting to restrain
       | corporations and the other side wanting to restrain government.
       | Privacy concerns are one way to break through that divide when
       | government and corporations unite.
        
       | siruncledrew wrote:
       | How much do you think this has to do with the government trying
       | extra hard now to tax crypto?
        
       | cjcole wrote:
       | It seems apparent that the US government is pursuing a novel
       | strategy to route around the Bill of Rights:
       | 
       | Steps:
       | 
       | * Allow (and encourage) private sector monopolies to form
       | 
       | * Use its leverage and influence to "encourage" those monopolies
       | to do things which the US government is not allowed to do
       | (examples: censorship, data collection)
       | 
       | The list of First Amendment precedents, for example, with respect
       | to the government is long and detailed. On the other hand,
       | private companies operate under fewer restrictions and can act
       | much more freely.
       | 
       | So if we have a situation where there are a small number of
       | monopolies and they, through personal relationships (marriage),
       | lobbying, and the revolving door have a cozy relationship with
       | the US government, then the government can effectively censor
       | (for example) by more or less declaring "will no one rid me of
       | these turbulent tweets" and have the monopolies jump to comply
       | (or face increased risk of antitrust action for example).
       | 
       | This is a win-win for both: the monopolies avoid antitrust and
       | other unwanted regulation by playing ball, and the government
       | gets to ignore the Bill of Rights by "outsourcing" actions to
       | what are in effect de facto quasi-governmental entities. It's
       | only a loss for the people for whom the Bill of Rights was
       | written to protect.
        
         | getcrunk wrote:
         | This is exactly what is happening. And afaict as far back as
         | the 70's. Major isp's taking public funds, close relationship
         | between nsa and Google
        
         | [deleted]
        
       | nostromo wrote:
       | We need a Supreme Court ruling or law that says if the government
       | doesn't have a warrant to collect your data, they also can't buy
       | it from third parties.
       | 
       | We also need privacy protections so these companies wouldn't
       | exist in the first place.
        
         | wintermutestwin wrote:
         | https://en.wikipedia.org/wiki/Third-party_doctrine
        
         | whimsicalism wrote:
         | I absolutely think that the government should be able to
         | purchase data in order to conduct investigations.
         | 
         | Unlike private actors, governmental actors are publicly
         | constrained in their actions and representatives of the will of
         | our society.
        
           | artificialLimbs wrote:
           | >> Unlike private actors, governmental actors are publicly
           | constrained in their actions and representatives of the will
           | of our society.
           | 
           | Are you aware of the term 'unelected bureaucrat', and do you
           | know how many of them exist? They are accountable to no one.
           | They continually prove to be significant problems.
        
             | whimsicalism wrote:
             | Even the most unelected bureaucrat in America is more
             | representative of the will of the people than a middle
             | manager at Facebook.
        
               | nostromo wrote:
               | I'm more afraid of police and local prosecutors than
               | anyone at Facebook, including Zuck himself.
        
           | ruined wrote:
           | the subpoena system, for all its failings, is that public
           | constraint. if it can be circumvented, that constraint
           | effectively no longer exists.
        
             | whimsicalism wrote:
             | The requirement of a subpoena doesn't prevent the
             | government from taking actions that private actors could
             | legally do, it compels private actors to act according to
             | state whims.
             | 
             | If someone volunteers information, it is not a
             | "circumvention" of the subpoena.
             | 
             | Breaking into Google and stealing information for a
             | criminal investigation would be circumventing it.
        
               | WarOnPrivacy wrote:
               | > The requirement of a subpoena doesn't prevent the
               | government from taking actions that private actors could
               | legally do
               | 
               | Irrelevant. Gov wants data, Gov gets a narrowly targeted
               | warrant first. Beyond this lies 4A violations.
        
               | oh_sigh wrote:
               | Can the government buy an autobiography I wrote detailing
               | my crimes to help their investigation? Or is that a 4th
               | amendment violation?
        
         | david-cako wrote:
         | Why should dark web data brokers get to look at all of my nudes
         | but not the Supreme Court?
        
           | WarOnPrivacy wrote:
           | Web data brokers can't legally kick in your door and kill
           | everyone inside.
        
             | oh_sigh wrote:
             | Neither can the government generally.
        
         | alksjdalkj wrote:
         | If a private company can buy the data why shouldn't the
         | government be able to?
         | 
         | The real solution is to not allow the data to be sold to
         | anyone.
        
           | pfortuny wrote:
           | Because the Government has a strictly limited power: it is
           | _subsidiary_.
        
             | whimsicalism wrote:
             | There are plenty of things government can do that private
             | industry does not have the ability to do.
             | 
             | Making transactions (and even paying informants for
             | information) are and should be within the power of the
             | government.
        
           | VRay wrote:
           | Private companies (theoretically/ideally) don't have the
           | power of life and death over you
        
             | azemetre wrote:
             | But they do. Private companies have killed people with ill-
             | made products [1], pollute our air and water [2], have
             | purposely targeted people for harassment [3], and created
             | drugs solely for addiction [4]. These examples only took 30
             | seconds of thought.
             | 
             | The idea that businesses (whether public or private) can't
             | hurt me or my family is absurd.
             | 
             | [1] https://en.wikipedia.org/wiki/Fisher-
             | Price#Rock_'n_Play_reca...
             | 
             | [2] https://www.consumerreports.org/water-
             | contamination/how-frac...
             | 
             | [3] https://en.wikipedia.org/wiki/EBay_stalking_scandal
             | 
             | [4] https://en.wikipedia.org/wiki/Sackler_family#Opioid_law
             | suits
        
             | gred wrote:
             | More broadly, a monopoly on violence.
        
             | callmeal wrote:
             | >don't have the power of life and death over you
             | 
             | Actually they do. See this for just one of the many ways
             | they have that power:
             | 
             | https://www.mercurynews.com/2007/12/21/teen-dies-hours-
             | after...
        
             | baldeagle wrote:
             | Like literally, the amount of instances where the
             | government is weighing life/death is very small, even
             | smaller at the federal level (most death penalty cases are
             | against state laws). If you're meaning in the 'government
             | programs can greatly affect my quality of life', then
             | private companies can totally do that too - through
             | targeted advertising.
        
               | saintsmeeze wrote:
               | I'm not sure if this is satire/sarcasm. Are you comparing
               | the power to imprison people with targeted advertising?
        
               | sennight wrote:
               | Like literally, that is the basis for state power -
               | several iterations of "...or else" finally end with "we
               | kill you". Private companies don't enjoy that privilege -
               | because they don't have the power to distinguish murder
               | from justifiable homicide.
        
               | nescioquid wrote:
               | That the government has power over you at all is what
               | matters, not how often it exercises that power against
               | you. Already parallel case construction is a troubling
               | problem (given the warrantless domestic surveillance).
               | Grant the government access to surveillance capitalism /
               | ad tech, and now you've got another vector to launder
               | evidence.
        
             | bryanrasmussen wrote:
             | not to mention the power to imprison you.
        
           | nobody9999 wrote:
           | I'd go farther than that and say that such data shouldn't be
           | collected in the first place.
        
         | mywittyname wrote:
         | We can't rely on SCOTUS to make this ruling for another 50+
         | years, so our best hope is to start with state legislators. The
         | majority of law enforcement happens at a state level, and most
         | state legislators aren't as hamstrung as the federal one is, so
         | this is the easiest way to achieve the most impactful results.
         | 
         | Also, POTUS is in charge of most federal law enforcement
         | agencies. So it might be possible to handle this at a federal
         | level through an executive order. Obviously, this doesn't have
         | the staying power of a proper law, but it's something.
        
           | nostromo wrote:
           | I'm not so pessimistic. United States v. Jones showed that
           | both wings of the court can unite to push back on this kind
           | of overreach.
        
           | mmcdermott wrote:
           | Feels like it would be more airtight to amend the
           | Constitution. Why hope that precedence falls a certain way
           | instead of removing any ambiguity from the law?
        
             | WarOnPrivacy wrote:
             | There's a good chance the Constitution covers this now.
             | What we need are uncompromised courts to hear and rule on
             | 4A violations.
        
             | mywittyname wrote:
             | I don't necessarily believe a Constitutional amendment is
             | necessary, since this would be a law limiting government
             | reach, not extending it.
             | 
             | In all likelihood, the amendments text would look something
             | like:
             | 
             | > Section 1: The fourth article of amendment to the
             | Constitution of the United States is hereby extended to
             | include information or detail held, owned, or otherwise
             | under the custody of those other than the accused.
             | 
             | > Section 2: The Congress shall have power to enforce this
             | article by appropriate legislation.
             | 
             | Which then necessitates some accompanying legislation to
             | further clarify. But I'm pretty confident we can get there
             | through legislation alone.
        
             | Cederfjard wrote:
             | The last amendment to the US constitution that was proposed
             | and then ratified came in 1971. With bipartisanship being
             | what it is today, do you think there's any chance of
             | pushing another one through at this point in time? The bar
             | is high, and American politicians are loathe to give any
             | opponents perceived wins, even if it's regarding
             | overwhelmingly popular policies.
             | 
             | Sure, you're probably right that it'd be more airtight.
             | It'd also mean an almost herculean effort. It's probably
             | best to explore other options as well.
        
               | kingkawn wrote:
               | Between 1971-72 there were 2,500 politically motivated
               | domestic bombings in the US. Partisanship now, as bad as
               | it is, doesn't come close to that level of violence.
        
           | icelancer wrote:
           | >> We can't rely on SCOTUS to make this ruling for another
           | 50+ years
           | 
           | If that's a comment about the bureaucracy working slowly as
           | hell, that is reasonable. If it's about the makeup of the
           | court, I disagree.
           | 
           | Kavanaugh and especially Gorsuch are two you want on the
           | court in this case.
        
           | kevin_thibedeau wrote:
           | We just need members of Congress to have embarrassing info or
           | evidence of criminality exposed by data broker collection.
           | Then they'll seal everything up like with video rental
           | records.
        
         | closeparen wrote:
         | Almost all investigative work is asking people to share
         | information that they don't legally have to.
        
         | swayvil wrote:
         | We need to make a law that says the wolves can't eat the sheep
        
         | [deleted]
        
         | jonathankoren wrote:
         | Third party doctrine has been decided on a case by case basis
         | with respect to the type of data provided. Recently the SCOTUS
         | has been pushing back on this, in particularly around automatic
         | data sharing intrinsic to the operation of a device, such as
         | cell phone location records.
         | 
         | However, no one has gone as far as Utah in requiring warrants.
         | 
         | https://en.wikipedia.org/wiki/Third-party_doctrine
         | 
         | https://www.wired.com/story/utah-digital-privacy-legislation...
        
         | austincheney wrote:
         | Why? I understand the subject is unpleasant but I don't see
         | anything that remotely qualifies as legal over reach.
         | 
         | Users must sign a consent statement to a _terms of services_
         | agreement. That is a voluntary action where users erode their
         | own privacy protections and surrender their contributions.
         | Anything that happens later is completely incidental and solely
         | between the data owner (which is not the user) and the third
         | party.
        
         | JasonFruit wrote:
         | Not a Supreme Court ruling: if there's no law outlawing it,
         | there's no basis for them to rule against it. Do you really
         | want five unelected, unaccountable lawyers deciding this
         | matter?
        
           | nostromo wrote:
           | Here you go:
           | 
           | "Amendment IV: The right of the people to be secure in their
           | persons, houses, papers, and effects, against unreasonable
           | searches and seizures, shall not be violated, and no warrants
           | shall issue, but upon probable cause, supported by oath or
           | affirmation, and particularly describing the place to be
           | searched, and the persons or things to be seized."
        
         | downandout wrote:
         | If SCOTUS outlawed buying the data, they'd just find ways
         | around that too. Maybe they'd just start creating apps and
         | directly monitoring people. With an unlimited marketing and
         | development budget, they could wind up on the majority of
         | Americans' phones pretty fast. Depending on the kinds of apps
         | they created, they might get warrantless access to millions of
         | bank accounts, text messages, emails, video conferences, full
         | real-time location tracking, and more.
        
       | chiefalchemist wrote:
       | If this wasn't mentioned in "Dragnet Nation" (2014) it was at
       | least (strongly) suggested.
       | 
       | https://en.m.wikipedia.org/wiki/Dragnet_Nation
       | 
       | That is, once data is on the open market (including at dark web)
       | then a gov acquiring it is a click or two away.
        
       | austincheney wrote:
       | It stands to reason that the government won't need a warrant to
       | gather criminally admissible data from a service broker if it is
       | voluntarily transferred to the government and the service broker
       | forced its users to agree to a _terms of service_ agreement.
       | 
       | I also see lots of talk in the comments about a social credit and
       | hiring potential. There are no restrictions on hiring software
       | developers. As horrible as a social credit sounds at least its
       | some kind of guardrails, where now there are none. In any system
       | without constraints there is maximum potential for implicit bias.
        
       | cromka wrote:
       | Yeah, but GDPR is pain in the ass and all such, right?
        
       | AlexandrB wrote:
       | This is not a new take, but I think "the west" is effectively
       | building their own version of China's social credit. It's just
       | distributed among a range of private companies and accessed via
       | subpoena or contract. The fact that the government doesn't
       | operate most of it directly is largely irrelevant to those
       | negatively affected by it and in some ways makes the situation
       | worse (who do you even contact to correct inaccurate
       | information?).
        
         | [deleted]
        
         | m0zg wrote:
         | Utah released plans for the new electronic ID a couple of weeks
         | back which, among other things, would contain your "vaccination
         | status" and "social credit scoring".
         | 
         | Conservative press is abuzz with this (including photos of the
         | promo leaflet), liberal press is dead silent. Since nobody on
         | this site will believe a conservative news source, I'm not even
         | going to bother providing a link. If you're in Utah, ask your
         | local government to put an end to this horseshit before it's
         | too late.
        
         | [deleted]
        
           | [deleted]
        
         | Sevastopol wrote:
         | > "the west" is effectively building their own version of
         | China's social credit.
         | 
         | China's social credit system allegedly assigns (or will
         | assign?) all citizens scores and punishes them for social
         | wrongdoings. The IRS has always been tasked with auditing and
         | catching tax cheats, the Treasury always went after people who
         | violate economic sanctions. What's the similarity other than
         | data collection?
        
           | [deleted]
        
           | FpUser wrote:
           | The similarity is global system of collecting every piece of
           | data about citizens.
           | 
           | You start with the little. Due to complexity and sheer
           | amounts of laws, bylaws etc. each one of us breaks few of
           | those every day. The systems like the one being mentioned
           | will eventually be able to track those as well making every
           | citizen an offender. Then when the time comes who do you
           | thing they will choose to prosecute? Most likely those pesky
           | human rights advocates and other similar people who are
           | already monitored.
           | 
           | I think unless some "Reset" button is pushed we will end up
           | exactly like this. End up on various lists (already
           | happening) and private companies denying vital services.
        
           | B1FF_PSUVM wrote:
           | > What's the similarity
           | 
           | Wasn't there some kerfuffle a few years ago about "special
           | attention" being given to political targets?
           | 
           | (Cue Richelieu's "six lines")
        
             | LogonType10 wrote:
             | The fact that we were allowed to discuss and protest this
             | "special attention" shows that we are a far, far ways away
             | from China's Social Credit system.
        
           | travoc wrote:
           | Why do you need more similarities? The mass data collection
           | completes the system.
        
             | avs733 wrote:
             | Private corporations are collecting the data, the state is
             | just buying it, and I doubt they are the only customer.
        
               | throwawayboise wrote:
               | Yep. As has often been said, everything you do online is
               | (or you should assume to be) public. There are no
               | secrets.
        
               | fsflover wrote:
               | Also, everything you do on your Windows PC (and soon on a
               | Mac).
        
             | halfmatthalfcat wrote:
             | You're assigning intent without any basis in fact.
        
             | kelnos wrote:
             | Because we need to understand the purpose of the data
             | collection and what bad things might happen because of it.
             | 
             | If Treasury is using this data to catch people who violate
             | economic sanctions, ok. If the IRS is using this data to
             | catch people who cheat on their taxes, ok. I don't love
             | either of those things, but they are using the data only to
             | do things that have been defined as their job to do for a
             | long time now.
             | 
             | There doesn't seem to be any evidence that any of this data
             | is going to be used to penalize people
             | financially/economically for "social infractions", or to
             | penalize people in unrelated ways (like, you missed
             | payments on your credit card so you aren't allowed to ride
             | on a train). If there was, then sure, that's cause for
             | worry.
        
               | gmadsen wrote:
               | I think history has shown enough times, that there needs
               | to be a bigger barrier than, "no evidence currently that
               | this data will be used in ways that differ from the
               | stated reason"
        
               | Jarwain wrote:
               | I think the barrier is that if people getting canceled
               | impacts their credit score, or if their credit directly
               | impacts their ability to travel or get a job, there'd be
               | a lot of social unrest. Especially in a country where
               | people's perception and politics plays a huge role in the
               | functioning of the government
        
               | artificialLimbs wrote:
               | >> There doesn't seem to be any evidence that any of this
               | data is going to be used to penalize people
               | financially/economically for "social infractions"
               | 
               | https://en.wikipedia.org/wiki/IRS_targeting_controversy
        
               | drunkpotato wrote:
               | The IRS did nothing wrong here, and it certainly is not
               | an example of the IRS penalizing people for social
               | infractions. As with any movement with lots of money and
               | momentum and rapidly gaining popularity, there were a lot
               | of fraudsters capitalizing on the Tea Party movement's
               | name and engaging in shady tax dodging practices. The IRS
               | was correct to subject them to increased scrutiny.
               | 
               | In terms of the facts involved, this has nothing to do
               | with China's social credit score. Note that I am strictly
               | talking about the facts involved, not the political
               | fallout and usual bloviating.
        
               | kelnos wrote:
               | That's bad, but is not what we're talking about here. Not
               | to mention it was a big scandal and that practice (which
               | was not supported by any law or legal policy) has
               | stopped. The China-style social credit system people
               | worry about is something done on purpose, as designed,
               | out in the open.
               | 
               | Can we stop taking isolated incidents and framing them as
               | official policy?
        
               | eindiran wrote:
               | > what bad things might happen because of it
               | 
               | > can we stop taking isolated incidents and framing them
               | as official policy
               | 
               | Which do you actually want? What bad things that might
               | happen because of it, or that list of bad things
               | massively trimmed down to just what the US government
               | publicly sanctions as official policy?
        
               | beambot wrote:
               | Don't forget to add parallel construction to the list of
               | options too: bad things that then help make a separate
               | case using sanctioned methods.
        
               | halfmatthalfcat wrote:
               | >>> In January 2014, James Comey, who at the time was the
               | FBI director, told Fox News that its investigation had
               | found no evidence so far warranting the filing of federal
               | criminal charges in connection with the controversy, as
               | it had not found any evidence of "enemy hunting", and
               | that the investigation continued. On October 23, 2015,
               | the Justice Department declared that no criminal charges
               | would be filed.
        
               | FpUser wrote:
               | >"Because we need to understand the purpose of the data
               | collection and what bad things might happen because of
               | it."
               | 
               | And government would of course never abuse the data it
               | has. We've heard that before. The have, they do and they
               | will keep doing it.
        
               | coralreef wrote:
               | The FBI needs file hashes of every photo on everyone's
               | phone. It will help detect abusers of cp/illegal content.
               | 
               | It is the mandate of the FBI and their job for a long
               | time now to stop those things.
               | 
               | There doesn't seem to be any evidence that these hashes
               | would be used to penalize people in other ways, but if
               | there was then sure, that's cause for worry.
               | 
               | /parody
        
               | mulmen wrote:
               | Selective enforcement is more American than apple pie and
               | baseball.
        
               | whiddershins wrote:
               | Look at the prosecution of Aaron Schwartz, where the
               | prosecutor plainly indicated Aaron's political views were
               | motivation for being so zealous.
        
               | drunkpotato wrote:
               | I agree that's bad, but what does it have to do with the
               | current conversation? It seems like a non sequitur.
        
               | WarOnPrivacy wrote:
               | > There doesn't seem to be any evidence that any of this
               | data is going to be used to
               | 
               | Irrelevant. Get a targeted warrant, then get limited
               | data.
        
               | ljm wrote:
               | Maybe you didn't consent to the data being sold, yet it
               | was sold anyway?
               | 
               | In the US, except in California perhaps, you have no
               | recourse. In the EU, that's a violation of GDPR and
               | various local data protection laws. Elsewhere, unclear.
        
           | boringg wrote:
           | Agree with Sevastopol how is it even similar?
           | 
           | I ask, honestly, if anyone else one here is seeing a large
           | influx of intentionally skewing of what the US does and makes
           | it comparable to some terrible policy that China does. It
           | really feels like there are a lot of people with strong
           | Chinese interests mudding the waters of debate by equating
           | the US with China. Feels very much like the Russian
           | disinformation campaigns as Trump as elected except smarter
           | and Chinese oriented.
        
             | triactual wrote:
             | Yes, this is common in user comments on several otherwise
             | intellectually useful sites. It almost always takes the
             | form of a reasonable take followed by a comparison to China
             | and an insinuation that the US version may be worse. The
             | commenters have the same playbook to work from because the
             | Russians wrote it in the mid 20th century.
        
             | edgyquant wrote:
             | Yes this is happening everywhere from Reddit to HN.
        
             | FpUser wrote:
             | >"It really feels like there are a lot of people with
             | strong Chinese interests mudding the waters of debate by
             | equating the US with China."
             | 
             | What you say feels to me as Joseph McCarthy has just sprung
             | back to life.
        
               | passer_byer wrote:
               | > What you say feels to me as Joseph McCarthy has just
               | sprung back to life.
               | 
               | No need to go that far back in the history of the U.S.
               | Government spying on it's own citizens. In the late
               | 1960's, the Nixon Administration used IRS data to spy on
               | Vietnam war protesters, Dr. Martin Luther King, members
               | of the Student's Non-Violent Coordination Committee, and
               | other American citizens critical of the administration's
               | foreign policy[1].
               | 
               | Human behavior being what it is means that eventually
               | someone in the U.S. government will be tempted to use
               | this data for nefarious purposes. Why should US citizens
               | live in a survaillence state contrary to the Bill of
               | Rights?
               | 
               | [1] https://en.wikipedia.org/wiki/Church_Committee
        
               | edgyquant wrote:
               | I feel like equating someone asking why pro-Chinese
               | sentiment seems to be taking place with McCarthyism is
               | dishonest and a quick way to shut down a legitimate
               | question.
        
               | unethical_ban wrote:
               | Is there a United States senator in this thread
               | compelling people to testify, and then ruining their
               | careers and livelihoods over baseless claims?
        
               | arcticfox wrote:
               | I feel like McCarthyism requires pointing fingers in
               | particular directions with no evidence. Neither was done
               | there
        
               | FpUser wrote:
               | It is exactly what was done here: blaming people with
               | having "strong Chinese interests" with no evidence.
        
             | bcrosby95 wrote:
             | This is a common strategy in American politics. If you can
             | get the public to associate something with
             | China/Russia/communism/bad person then you have the
             | American public on your side. So I wouldn't necessarily see
             | it as just people with strong Chinese interests.
        
             | arcticfox wrote:
             | It would be silly for the Chinese _not_ to be doing this.
             | Extremely low cost [1], low risk, measurable effects, etc.
             | 
             | And the PRC is not a silly government - therefore my prior
             | is very strong that it's taking place on a grand scale.
             | 
             | [1] a cruise missile is ~$2M...you could hire dozens of
             | skilled astroturfers for a year for that, and you can't
             | even use missiles against the US due to MAD...
        
           | munk-a wrote:
           | Pretty much everyone in the west gets a credit score the math
           | of which is nebulous and proprietary. It is increased by
           | acting in a desireable manner even if that manner is
           | unhealthy or unproductive for the individual - and a lot of
           | random BS can go into the math that we can't even see.
           | 
           | In the west these things aren't public so it isn't the
           | government grading you - but you still are very much being
           | graded by private corporations. Since we have no idea what
           | they're actually using to grade us we can't confidently say
           | they aren't using any "social misbehavior" we'd find
           | offensive.
           | 
           | If these programs were run by the government we could file
           | FOIA requests - but with private organizations we're S.O.L.
        
         | kelnos wrote:
         | I don't think I really see evidence of this. I mean, the IRS
         | wants to catch people who cheat on their taxes. That's
         | something they've been empowered to do for a long time. And
         | when they catch people for that, they audit them, perhaps take
         | them to court, and fine them. Which seems reasonable.
         | 
         | If the IRS is going to start telling people they aren't allowed
         | to ride trains or get on airplanes because they applied a
         | deduction to their taxes in a way that's not allowed, then we
         | should worry; that sounds like the China-style social credit
         | system people talk about. But I don't see that as being
         | realistic; the IRS doesn't have that kind of power.
        
           | burnafter185 wrote:
           | Well, I think to be fair to this, we had ought to look at the
           | expansion of government agencies. The ATF, NSA, CIA, FBI,
           | FDA, and so on and so forth are all additions to power. It's
           | not a far reach to assume that granted some new ability to
           | "remedy" some social ill, that establishment of some new
           | agency is probable with implied powers and the necessary and
           | proper clause. And it's really not necessarily _just_ the
           | IRS, but setting a precedent, there are various agencies that
           | have been leveraging data-broker deals to track individuals.
           | The more agencies jump on this the closer we get to
           | crystallizing the behavior. If that 's the case, it seems
           | like a considerable hazard, which in the end could lead to
           | some real consequences in the future. We've seen democracies
           | turn into empires, and emperors of all kinds inherit those
           | powers. This is the sort of gravitas no man, nor government
           | had ought to be permitted to wield.
        
         | wongarsu wrote:
         | Being able to correct inaccurate information is an often
         | underappreciated but important part of the GDPR. It's also
         | probably the biggest motivation why you have a right to ask any
         | company what data they have stored about you: so you can spot
         | mistakes in the data of rating agencies. The other use cases
         | are more of a nice bonus.
        
         | gred wrote:
         | Has anybody studied or quantified the evolution of "effective
         | liberty" over time in the US? Say you buy groceries once per
         | week. That activity might have triggered 1 governmental control
         | touchpoint in 1800 (sales tax?), but in 2020 it might have
         | triggered _many_ more due to increased automation, logging and
         | third-party delegation. All of this, of course, without
         | fundamental changes to the Law of the Land -- simply because
         | some of the assumptions built into our core restrictions on
         | governmental power no longer hold.
        
           | ectopod wrote:
           | Sales taxes weren't a thing then. Before the 20th century
           | government played pretty much no part in the average person's
           | life.
        
         | wmf wrote:
         | From what I've read China's social credit system does not yet
         | incorporate any non-financial information; that part is more
         | aspirational.
        
           | azekai wrote:
           | That is the narrative the CCP pushes. 'It is just like a
           | government run checking score.' But it isn't. Crimes,
           | including political ones, will penalize your social credit
           | score. If your score falls too low, you and your children
           | will become ineligible for government programs and
           | assistance.
        
             | trasz wrote:
             | [citation needed]
             | 
             | What you describe is something that is often said, but I'm
             | yet to see any reliable sources; everything turns out to be
             | editorials based on some plans that never got implemented.
        
         | tehjoker wrote:
         | Wait until the US public finds out about the concept of a
         | credit score (new in the 1980s).
        
           | mc32 wrote:
           | Credit score for ghee most part tries to assure lenders you
           | can repay your debts.
           | 
           | Social credit score is about how close you hew to proscribed
           | behavior at large.
        
             | mywittyname wrote:
             | Credit scores are used as a proxy for Ideal Citizenship. It
             | just so happens to have baked into it enough plausible
             | deniability as to not run afoul of anti-discrimination
             | laws.
             | 
             | Turns out, a lot of "bad" actions result in missed bill
             | payments.
        
               | mc32 wrote:
               | In a semi anonymous society how else do you suppose one
               | should determine the creditworthiness of someone?
               | 
               | It used to be the merchant had to know you and you had to
               | build up your credit with each merchant over time. Credit
               | scoring made it easier for merchants and customers to
               | issue and leverage we credit.
        
               | mywittyname wrote:
               | My comment might come off as an indictment of credit
               | scores. But it really isn't.
               | 
               | They absolutely solve the problem that you are pointing
               | out. But they also serve to kind of solve a whole class
               | of other problems around identifying behaviors that
               | correlate with bad credit scores.
               | 
               | For example, if you're a land lord who vehemently opposes
               | divorce, it's possible to use a poor credit score as
               | cover to deny renting to this middle-aged guy who is
               | clearly just gone through one.
        
               | mc32 wrote:
               | Sure but previous to credit scores what was the option?
               | References from friends and business acquaintances?
               | 
               | Sure credit scores aren't perfect but they are better
               | than the legacy alternative.
        
               | salawat wrote:
               | ...Excuse me? Is there a way that could be better
               | rephrased?
               | 
               | What was the option for what? You're replying to a post
               | about discriminating against a divorcee, but having the
               | landlord hide it behind the justification of "bad
               | credit".
               | 
               | Not to be the missing antecedent police, but are you
               | referring to by 'ther option' the pre-existing excuse to
               | paper over arbitrary discrimination, or to practice of
               | lending/renting in general?
               | 
               | The answer is sadly important to the final assessment of
               | meaning. I don't think you mean the former, but I figured
               | I'd be daft and ask.
        
               | duped wrote:
               | Maybe we shouldn't have mountains of consumer debt
        
             | whimsicalism wrote:
             | My understanding was it basically was providing a way to
             | incentivize indigent people to behave the law by imposing
             | penalties for failing to pay fines.
             | 
             | In the US, fines are mostly meaningless if you are poor as
             | debtor prisons are (rightfully) illegal.
        
               | getcrunk wrote:
               | In the civil context, which you obviously intended, this
               | true. Unfortunately many people are (back) in jail
               | because they can't afford to pay criminal court
               | fines/probation fees
        
               | adventured wrote:
               | > In the US, fines are mostly meaningless if you are poor
               | as debtor prisons are (rightfully) illegal.
               | 
               | You're overwhelmingly correct, however someone is going
               | to shortly reply to your comment with a link to a story
               | about how someone somewhere got jailed over a debt and
               | how debtor prisons are making a comeback. It's
               | extraordinarily rare in the US.
        
               | whimsicalism wrote:
               | Yes, and also wage garnishment is another thing that is
               | definitely a common thing.
        
               | mc32 wrote:
               | Wage garnishment is predominantly for child support and
               | alimony, no? Is that a bad thing?
        
               | throwawayboise wrote:
               | And unpaid taxes.
        
               | whimsicalism wrote:
               | I don't think so.
        
             | michaelbrave wrote:
             | Credit score can affect employment, I.E. you can't get
             | hired because you are too poor.
        
               | artificialLimbs wrote:
               | Is this actually true, or is it the case that you can't
               | get financial related jobs because your credit score has
               | been lowered by your past cases of poor handling of
               | money?
        
               | mc32 wrote:
               | The education system utterly fails when it comes to
               | educating students in financial literacy.
               | 
               | They'd much rather teach them activism than actually give
               | them useful tools for evaluating their finances and
               | making good decisions.
        
               | artificialLimbs wrote:
               | Absolutely.
               | 
               | This is a great primer for those completely unfamiliar:
               | https://www.amazon.com/Basic-Economics-Thomas-
               | Sowell/dp/0465...
        
               | aspenmayer wrote:
               | Failure to navigate a capitalist system of hoop-jumping
               | due to lack of funds causes a self-fulfilling prophesy of
               | poor performance at said hoop-jumping and associated poor
               | credit scores. Blaming the victim comes to mind.
        
               | artificialLimbs wrote:
               | If I only pay my bills on time does my credit score go up
               | in the US? Asking because I don't know, but if that is
               | the case, not sure why you can call it 'hoop jumping'.
               | 
               | I don't care for the credit companies, they're total
               | scum. But I'm not sure how to do anything better.
        
               | aspenmayer wrote:
               | Try to build credit with a secured credit card and on a
               | minimum wage. Decide which bills you have to pay late
               | this pay period. After years of this, you'll be lucky if
               | you can convert to an unsecured credit card, let alone
               | maintain your (low) credit score, let alone improve it.
               | 
               | Most folks in US can't even afford a $400 emergency
               | expense. Good luck doing even that when your credit is
               | maxed out and your car breaks down so you can't work.
        
               | mattnewton wrote:
               | Afaict, your credit score will likely be lower if you
               | haven't had a credit card open for a long time, run your
               | balances too close to the limit (available credit) on
               | those cards, or don't use them at all. My understanding
               | is that your bills, depending on their type, may not even
               | bother reporting to the credit agencies, or only report
               | when they believe you have failed to pay; reliable ones
               | seem to be big loans like mortgages, student or auto
               | loans, and then credit cards. Rent, utilities, etc
               | haven't seemed to affect my credit positively (or if they
               | do they haven't been noticeable compared to the first
               | category)
               | 
               | When I graduated, rented, and paid all my student loans
               | off early and did not have a credit card my credit score
               | actually went down significantly until I opened credit
               | cards and used them regularly.
        
               | nitrogen wrote:
               | Average age of accounts is a pretty big factor in credit
               | scores. Every bank will probably have its own proprietary
               | rules for deciding when to offer credit, but the credit
               | reporting agencies who generate a number use fairly well
               | known criteria. Amount of credit, number of accounts,
               | payment history, percentage of credit used, age of
               | accounts, diversity of types of accounts.
        
               | hn8788 wrote:
               | Yep, that's all that's required for it, no hoops to jump
               | through. The only catch is if you don't have any debt,
               | you can't build credit, but it's pretty simple to get a
               | credit card and pay it off every month.
        
               | slongfield wrote:
               | If they're credit bills, yes. If they're just phone,
               | power, rent, etc, not unless you've specifically set them
               | up to go to the credit reporting companies.
        
               | nitrogen wrote:
               | Some corporate landlords report all rental accounts, some
               | only report if you default.
        
               | evancox100 wrote:
               | Or rent an apartment/house in many cases
        
               | yurishimo wrote:
               | While this is true on a very shallow level, most
               | landlords are happy to rent to "high risk" tenants with
               | increased deposits if you talk to them directly instead
               | of taking your initial rejection at face value.
        
               | throaway46546 wrote:
               | More and more rentals are being gobbled up my big
               | corporations. Finding someone to talk to who has the
               | authority to make an exception can be nigh impossible.
        
             | Iefthandrule wrote:
             | Your credit score is run before you can buy a house or rent
             | an apartment.
             | 
             | We are already there.
        
               | hunterb123 wrote:
               | The difference between a credit score and a social credit
               | score system is one is based on debt payment history and
               | the other based on political dissent & debt payment.
               | 
               | Currently saying "Lets Go Brandon" doesn't drop your
               | credit score, in China you may lose quite a few points
               | for posting that pesky bear that likes honey.
        
               | Iefthandrule wrote:
               | Having an arrest on your record is enough to bar your
               | from job and housing, even if charges were dropped or you
               | were found not guilty. That alone is enough of a chilling
               | effect to affect behavior: for example, staying away from
               | protests or not questioning a police officer.
               | 
               | Again, we are already there.
        
               | hunterb123 wrote:
               | A criminal background check is not connected to your
               | credit score and a convicted criminal charge is not the
               | same as political dissent. Stop moving goal posts.
               | 
               | I was arrested once and I got the charge expunged with
               | community service. Hasn't affected my job applications so
               | far.
        
         | stonepresto wrote:
         | We're doing it to ourselves. We're the ones who keep clicking
         | "I agree", who keep feeding these companies. Of course they're
         | going to look to make a profit off of your data, there's
         | nothing stopping them because we willingly gave it up.
        
           | tremon wrote:
           | So your suggestion is for everyone to become digital hermits?
           | Start sending snail mail invoices and writing checks again?
        
         | the-dude wrote:
         | First thing I was told when I arrived in the US in 2001 and was
         | picked up by a friend from the airport : "If the police says
         | _pull over to the shoulder_ , stop at the side of the road".
         | 
         | Second thing : "Credit score is really important".
        
           | edgyquant wrote:
           | Credit score isn't that important really. I have terrible
           | credit (low 600s) and I was able to finance a car and live in
           | a nice apartment. It might make buying a house more
           | expensive, but I've also been able to raise it from the low
           | 500s in the last year.
        
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