[HN Gopher] The US government is buying troves of data about Ame...
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       The US government is buying troves of data about Americans
        
       Author : benwerd
       Score  : 238 points
       Date   : 2023-06-12 20:21 UTC (2 hours ago)
        
 (HTM) web link (www.wired.com)
 (TXT) w3m dump (www.wired.com)
        
       | walterbell wrote:
       | https://cybernews.com/news/france-senate-surveillance-camera...
       | 
       |  _> In France, the Senate just approved a controversial provision
       | to a justice bill that would allow law enforcement to secretly
       | activate cameras and microphones on a suspect's devices. This
       | type of surveillance would be activated without notifying the
       | owner of the device. The same provision would also allow agencies
       | easier access to geolocation data to track suspected criminals
       | ... Critics are urging French parliamentarians to dismiss the
       | controversial provisions. And it's not too late - the update to
       | the bill must still be approved in the National Assembly, the
       | more powerful lower house of the Parliament._
       | 
       | Any startup employees working directly on technology trade
       | secrets or otherwise non-public intellectual property should
       | enable iOS Lockdown Mode.
       | 
       | Thanks to years of invasive online targeting, bulk data breaches
       | and mobile phone network structural insecurity, it has never been
       | cheaper to screen for higher-than-average-value targets with
       | digital assets that can be exfiltrated. Since targeting costs
       | have fallen, it is profitable to target employees below the
       | C-suite, e.g. those in strategic or development roles who
       | routinely need to access sensitive information and digital
       | assets.
       | 
       | This applies to enterprise, mobile and WFH environments, e.g.
       | leveraging mobile phone foothold to reach other devices like a
       | home router.
        
         | FredPret wrote:
         | Lockdown mode gives them a handy shortlist of higher than
         | average value spying targets
        
           | jjtheblunt wrote:
           | i guess if everyone enables lockdown mode, the list is not
           | short, if everyone can enable lockdown mode.
        
             | walterbell wrote:
             | Many people could enable Lockdown mode, at the cost of
             | opting-out specific websites or apps which are (a) trusted,
             | (b) dependent on features disabled by Lockdown mode.
        
           | walterbell wrote:
           | _> higher than average value spying targets_
           | 
           | Acquisition of a per-device, client-side signal is orders of
           | magnitude more expensive than bulk purchasing the data of
           | millions of individuals.
        
       | blueridge wrote:
       | https://archive.is/GB5oS
        
       | 2OEH8eoCRo0 wrote:
       | They are purchasing information that is for sale. Worrying.
       | What's more worrying is that we can assume this information is
       | also available to every US adversary.
       | 
       | Tangentially, it's interesting that the US declassifies things
       | and they become publicly available.
        
       | rashkov wrote:
       | Where can I buy my own information? I'd like to know what info I
       | am leaking so I can make adjustments to limit what I'm sharing
        
         | graphe wrote:
         | It's bulk. You are going to be buying a lot of information. I'm
         | sure it includes triangulation information.
        
           | rashkov wrote:
           | I assume it's also somewhat anonymized too? But easily de-
           | anonymized?
        
             | [deleted]
        
             | graphe wrote:
             | I have never processed this data. You can find patterns for
             | triangulation, and see where the cells are as this or this
             | hour. Then you look at the calls and the texts (not using
             | data, sms and phone calls) and determine their links. Mix
             | this with credit card information and banking info and you
             | have their names, shopping patterns, location and who that
             | are in contact with through calls and texts (off the top of
             | my head). With the data, you can see people's sites they
             | visit from the ISPs, but with https and SSL not get
             | everything, but you can get a very good idea from that.
        
               | janalsncm wrote:
               | There was a good NYTimes piece about it a few years ago.
               | It's easier than you'd think. If you know the target's
               | home address you can track the devices that come from
               | there, and everywhere they go. On weekdays they're
               | probably going to work, which is also quasi-public info.
        
       | graphe wrote:
       | What exactly is being sold here? Triangulation information, texts
       | and calls? If so it's been there forever, this isn't new. It's
       | been happening for over a decade. Who remembers lifelog from
       | DARPA? Killedhttps://en.wikipedia.org/wiki/DARPA_LifeLog Who's
       | giving them information? You are (on Facebook, Instagram, Reddit,
       | etc).
        
         | aksss wrote:
         | Don't forget the people including you in photos that go up on
         | Facebook, Insta, etc.
         | 
         | You may not have accounts there but rest uneasy that unless
         | your family and friends respect your privacy and right to
         | informed consent, photos of you are getting processed for face
         | recognition and location without you having to do much other
         | than say "queso" for the photos.
        
           | graphe wrote:
           | I wonder if we can get our own information someday it would
           | be fun to see how right and wrong they get this information.
           | I've seen stuff like socialblade and aggregators guess, and
           | they're always way off. With AI it's time to poison the well.
           | :)
        
       | ofslidingfeet wrote:
       | There was a time when it was incredibly obvious to virtually
       | everyone in the country that if you start throwing the Bill of
       | Rights away, this is the result.
        
       | whartung wrote:
       | Not talked about in the article, is that this report is actually
       | trying to move progress forward to addressing the issues
       | surrounding the new, abundant, and detailed information and how
       | the current framework of 4A legislation isn't really appropriate
       | in the new data market.
       | 
       | From the conclusion:                 U) Third, as part of this
       | set of policies and procedures, and/or as a complement to it, the
       | IC (Intelligence Community) should develop more precise
       | sensitivity and privacy-protecting guidance for CAI (Commercially
       | Available Information). Again, we offer several suggestions for
       | the development of such guidance.
       | 
       | So, in some light this should be considered progress, not the
       | 800lb gorilla in the room.
        
         | phkahler wrote:
         | Rules or guidance just serves to legitimize it. Hey, it's OK as
         | long as we follow the rules... oops sorry we didn't follow the
         | recommended practice there... quite different than getting
         | caught breaking a law.
        
       | teelelbrit wrote:
       | [flagged]
        
         | graypegg wrote:
         | > Canada drives me nuts with how much of an edge it lacks, how
         | slow and sort of boring it is
         | 
         | Yep! It's alright. We definitely aren't the greatest country in
         | the world, but it's nice enough to be enjoyable, and boring
         | enough to not put random personal or societal disasters in your
         | way with any sort of regularity.
        
           | teelelbrit wrote:
           | Montreal has so much character, quebec in general really. It
           | reminds me of the city you'd get if you combined boston, bits
           | of manhattan and amsterdam.
        
             | 908B64B197 wrote:
             | I have no clue why GP's comment was flagged. Brigading
             | going on?
             | 
             | Few years ago we acquired something in Montreal related to
             | AI, and it's interesting because when we tried to get the
             | team to relocate to California many weren't interested. A
             | lot of the key personnel ended-up moving, but they still
             | kept a significant presence in the city. Even today, when
             | hiring they'll have engineers indicate early in the process
             | they won't ever move (despite pretty much everyone
             | considered for that office being eligible for an O-1 due to
             | the nature of the work being done there).
             | 
             | What's interesting is we opened a satellite location in
             | Toronto and it was a completely different experience. First
             | thing people asked coming into interviews was about
             | relocating to the US and if we could sponsor their visa.
             | The demographics also skewed heavily toward recent
             | immigrants to Canada.
             | 
             | The irony was, the Toronto location was opened specifically
             | to house developers that simply couldn't pass the higher
             | bar for US immigration.
        
               | graypegg wrote:
               | Having lived and worked in Montreal and Toronto before, I
               | can totally understand that sentiment. People are priced
               | out of Toronto making 110k$/year if they wanted to live
               | in an urban city. So people just aren't attached to it.
               | They probably lived further near or into the GTA where
               | it's less urban, or were paying a 1900$/month rent for a
               | small bachelor apartment and were constantly comparing
               | their experience with the bill.
               | 
               | Montreal on the other hand, people will fight for. You
               | can live here for (relative to Toronto) cheap, get the
               | whole urban dream, and live around some very nice people
               | that are equally proud of their city.
        
           | [deleted]
        
         | e40 wrote:
         | > Bay Area - people are nice, streets are clean and police do
         | their job
         | 
         | I don't know about NYC, but the Bay Area doesn't fulfill those
         | anymore. The number of people on the street. Trash. Crime. It's
         | getting wild out there. I live in a very safe community and a
         | 70 year old woman was beat up for a few dollars last week a few
         | blocks from my house (and 1 block from the police department!).
        
           | teelelbrit wrote:
           | Yeah, I left after one friend in NYC was attacked on the
           | subway and another beaten in broad daylight in Wallstreet
           | after leaving his office.
           | 
           | Sad that even in my prior neighborhood (los altos) there are
           | carjackings and armed home invasions now... Impossible to
           | imagine in 2015 while I was there :(
        
         | pers0n wrote:
         | The USA is good for making money and being safe from foreign
         | invasion.
         | 
         | Otherwise a lot has been going downhill and there is too much
         | patriotic pride to admit or change it. But it's multiple
         | issues, hyper-capitalism, lobbyists, no form of conflict of
         | interest rules for politicians or anyone working for them,
         | multiple news channels supporting "2 views", but all on the
         | same page of ignoring the class warfare.
         | 
         | I've talked to lots of people from other countries as I meet a
         | lot of people and talk to many and most see us as going
         | downhill or having poor worker rights and no social safety net
         | (healthcare).
         | 
         | Someone from China told me their parents think Americans work
         | too much. Another person from Eastern Europe things we are in
         | the toilet, etc. Other people from South America saying how
         | they would pick Canada over the US any day. I just laugh when I
         | hear it, because I feel we are too blind to see it.
         | 
         | School shooting solutions are all about guns instead of the
         | real issue, mental health.
         | 
         | Politicians that want people limited on what they can earn with
         | SS (keeping elderly people poor), when they get very good
         | retirement benefits. Politicians dodging taxes or making sure
         | the IRS is ill staffed, when its proven more IRS helps get the
         | bungled dollars from Big Companies and Pockets that are
         | cheating the system.
        
         | cmilton wrote:
         | Maybe this place you dream of does not yet exist.
         | 
         | I, like you, wish there was such a place where everything just
         | worked. Everyone got along. I think we all long for such a
         | place.
        
           | teelelbrit wrote:
           | I've been to a number of countries that by GDP are "poor"
           | compared to the US. They have perfect roads, very little
           | crime and far fewer cultural problems that plague america.
           | 
           | Italy, Switzerland and the Netherlands all seem to be getting
           | along just fine.
        
             | 2OEH8eoCRo0 wrote:
             | > far fewer cultural problems
             | 
             | Do most people in those countries _look_ the same?
        
               | teelelbrit wrote:
               | yes - as an american I take the uncommon position of not
               | making prescriptive judgements on how other countries
               | should conduct their affairs.
        
               | 2OEH8eoCRo0 wrote:
               | What does that mean?
        
               | teelelbrit wrote:
               | I don't think Switzerland is "problematic" because they
               | prioritize laws and policies that benefit the Swiss for
               | ex. Same for iran etc. I don't see what the skin color or
               | cultural diversity of the country really has to do with
               | anything.
        
               | 2OEH8eoCRo0 wrote:
               | My point is that it's easier to have fewer cultural
               | issues when your whole country looks the same.
        
               | krapp wrote:
               | A cursory look at a world history book proves that isn't
               | the case.
        
               | 2OEH8eoCRo0 wrote:
               | I didn't say there were utopias but it eliminates an
               | entire class of racism related cultural issues.
        
               | krapp wrote:
               | The same issues exist, just mapped onto other concepts
               | like ethnic group, tribe, nationality, religion, class,
               | etc.
        
             | cobaltoxide wrote:
             | Switzerland is one of the richest countries in the world.
             | And I wouldn't call Italy or NL "poor."
             | 
             | Switzerland's GDP per capita is around 25% higher than the
             | United States. I would further guess that Switzerland
             | probably has much less inequality than the United States.
             | The Swiss are uniformly rich compared to the extremes of
             | America.
        
               | 2OEH8eoCRo0 wrote:
               | What is their ethnic breakdown?
        
         | OfSanguineFire wrote:
         | > it's starting to become hard to really qualify what I really
         | get for being american
         | 
         | I'm preparing to renounce my American citizenship (lived most
         | of my life elsewhere, no remaining ties to the USA), and I am
         | amused by the frequent exhortation on internet fora against
         | renunciation "If you have a US passport, you can rely on the US
         | government to get you out of trouble". People really seem to
         | think that Seal Team Six is on standby to save any ordinary
         | American facing violence or natural disaster abroad. Me, I
         | remember the aftermath of the 2004 Indian Ocean tsunami when
         | many European countries swiftly evacuated their citizens or
         | citizens of fellow EU states, while US citizens were mainly
         | left to fend for themselves.
        
         | candiddevmike wrote:
         | You may make more money here but it doesn't seem to go far
         | compared to how much of the American lifestyle is captured by
         | rent seeking.
        
           | teelelbrit wrote:
           | Yeah, it's also getting less appealing because the whole
           | "game" of fancy cars, expensive houses and showing how much
           | you have just isn't that interesting to me.
           | 
           | I like investing basically all of my money and traveling
           | whenever I want to. I'm not married yet so this has been
           | working out pretty well - especially since I left NYC.
        
         | asveikau wrote:
         | I think a lot of times people go through things they're not
         | happy about in their own lives (the glaring one in your comment
         | could be the stress of a long distance relationship) and they
         | project outwards, trying to make it about something external
         | like the place where they live. From there, we invent boogeymen
         | such as "criminals" getting away scot free, or unruly
         | immigrants. Focus on removing stress from your own life and
         | away from the boogeymen and scapegoats.
        
       | johnea wrote:
       | +1 for the article actually mentioning the 4th ammendment, even
       | if it was only in a quote from Sen. Ron Wyden:
       | 
       | "I've been warning for years that if using a credit card to buy
       | an Americans' personal information voids their Fourth Amendment
       | rights, then traditional checks and balances for government
       | surveillance will crumble," Ron Wyden, a US senator from Oregon,
       | says.
       | 
       | I continue to try to highlight the degree to which the 2nd
       | ammendmennt is quoted versus the 4th ammendment The 4th being
       | much much more relvent to the current state of affairs.
        
       | roarcher wrote:
       | > Such data may be useful, it says, to "identify every person who
       | attended a protest or rally based on their smartphone location or
       | ad-tracking records."
       | 
       | "May"? This is exactly how the January 6th protestors were
       | identified.
        
         | wmeredith wrote:
         | Yep. It was also used against Occupy Wall Street protestors.
        
         | kgwxd wrote:
         | Source?
        
           | roarcher wrote:
           | https://www.businessinsider.com/doj-is-mapping-cell-phone-
           | lo...
        
             | kgwxd wrote:
             | "subpoenaed cell phone data". It's completely justifiable,
             | legally and morally, and been happening since cell phones
             | existed, way before January 6th 2021. The article's claim
             | that it was somehow new to this event shines a spotlight on
             | their agenda.
        
               | zer8k wrote:
               | Youre either not well informed or being deliberately
               | obtuse. Cell phone data has been used in individual cases
               | for almost as long as cell phones existed.
               | 
               | J6 was one of the first cases where mass surveillance
               | paired with ad tracking and tower pings were used in
               | combination for mass arrests.
               | 
               | We did not see this when the George Floyd riots occurred
               | Despite the fact federal buildings were attacked yet it
               | was brought out for this. It's very indicative of the
               | existence of a police state that chooses its targets in a
               | politically expedient way.
               | 
               | What we saw the government do and the fact the alleged
               | conspirators have largely not been charged with anything
               | but rather left to rot should terrify anyone. Just
               | because you aren't the target today doesnt mean you won't
               | be tomorrow.
        
         | some_furry wrote:
         | I don't doubt that this technique was used for the people who
         | stormed the capital on January 6th, but I would hesitate to
         | describe many of them as "protestors".
        
           | rootusrootus wrote:
           | Actually, let's _do_ call them protesters. If you want to get
           | universal agreement on the need for privacy regulations, you
           | need to present it a way that does not immediately turn away
           | your intended audience.
           | 
           | When both sides really agree on something, it's amazing how
           | fast it gets done. Which, of course, is why there are people
           | trying to hard to keep both sides from ever agreeing.
        
             | idiotsecant wrote:
             | On one hand I know that this is true. We have to guard
             | against special pleading that allows oppression of those we
             | disagree with because that inevitably leads to our own
             | oppression sooner or later.
             | 
             | On the other hand I understand what the post you're
             | replying to is saying, even if it's not said extremely
             | well. There is an enormous online narrative with a lot of
             | money and power behind it trying to normalize the most
             | violent and anti-democratic parts of the right wing of
             | American politics and using that to drive views, clicks,
             | and votes.
             | 
             | I'm normally not someone to clutch pearls and will be the
             | first one to acknowledge that the vast majority of
             | Americans are just decent enough people trying to figure
             | out how to keep fed, healthy, and safe. But the tendency
             | toward fascism in the human animal is something we need
             | vigilance against, as demonstrated over and over again in
             | human history.
             | 
             | The people who attempted to violently attack the seat of
             | democratically elected power in this country were not
             | protestors. There were protestors outside, but the people
             | who crossed the line to breaking and entering, assault, and
             | terrorism were not protestors.
        
               | graphe wrote:
               | I'm sorry, but before your diatribe you should have
               | checked the facts.
               | 
               | They were protesters.
               | 
               | All the violent stuff you saw was replays of a few
               | seconds from instigators, there's video of security
               | helping the q anon shaman inside, escorted calmly by the
               | security ever since the "storming". There is 0 indication
               | he was violent at all. Feel free to prove me wrong.
        
               | MisterBastahrd wrote:
               | Yeah, that part where they were breaking down a window of
               | a locked door in an attempt to get into the house inner
               | chambers to attempt to impede the democratic process of
               | the United States was totally a protest and not an
               | insurrection.
               | 
               | The folks who were non-violent never made it inside the
               | capital because they were there to protest? They were
               | protestors.
               | 
               | The other ones? They were insurrectionists and they all
               | deserve prison.
        
           | PM_me_your_math wrote:
           | [flagged]
        
           | roarcher wrote:
           | You're free to describe them however you like, it's
           | irrelevant to my point.
        
             | phpisthebest wrote:
             | Remember to some people "there are no bad tactics, only bad
             | targets", lots of people are blinded when their perceived
             | political enemies are getting "what they deserve" and fail
             | to understand the powers and tactics used on their
             | political enemies will soon be used on them....
             | 
             | They will then go all shocked pikachu face then the
             | government assault team in their door step taking them
             | way... how can this bee they were the good ones.. they were
             | on the "right side of history"...
             | 
             | Welcome to the system, everyone's a victim Doesn't matter
             | if you're red or blue it hates you all
        
               | hahahasotruez wrote:
               | [dead]
        
             | whoopdedo wrote:
             | It's not irrelevant to point out the false equivalency of
             | putting constitutionally protected speech on the same level
             | as forced entry, assault, and destruction of property.
        
               | graphe wrote:
               | I don't see this sentiment for the George Floyd riots
               | that plagued the whole country for longer and did
               | significantly more damage, instead of caring for corrupt
               | politicians why not persecute those who robbed and stole
               | from the common citizen.
               | 
               | If a protest doesn't make the news what's the point?
        
               | thebooktocome wrote:
               | You don't see it because you're not looking for it.
               | Plenty of protest groups were extremely vigilant about
               | minimizing property damage and rooting out violent
               | infiltrators.
               | 
               | The George Floyd protests were far more policed: twenty-
               | five protestors died; around 14k were arrested. [1]
               | 
               | Hard to say any 1/6er suffered a similar fate, despite
               | their significantly more egregious apparent crimes.
               | 
               | [1] https://en.wikipedia.org/wiki/George_Floyd_protests
        
               | graphe wrote:
               | Do you not see the irony of your post? Did you not see
               | the same at the 1/6? If they were more policed, the
               | fires, and destruction didn't help it make it appear so.
               | I could see the Floyd protests/riots outside. 1/6
               | affected some .1% of the elite I could care less about.
               | 
               | I'm still trying to see a reason why the common man hates
               | that the citizens protest the government, or cares so
               | much for the corrupt elite of either party. The
               | government is not your friend. If the Floyd protests went
               | to Washington it could have been less 1996 and more MLK.
        
               | thebooktocome wrote:
               | I don't know how to tell you that there were George Floyd
               | protests in DC.
               | 
               | https://en.wikipedia.org/wiki/George_Floyd_protests_in_Wa
               | shi....
               | 
               | Somehow they managed to avoid breaking into the Capitol
               | building and rifling through the offices of
               | Congresscritters.
        
               | coldtea wrote:
               | Any protest march and demonstration worth its salt can be
               | described with terms such as "forced entry, assault, and
               | destruction of property" (and has been)...
        
               | roarcher wrote:
               | It's irrelevant because my entire and only point is that
               | the government has this capability, no "may" about it.
               | 
               | Whether my choice of words implied the level of
               | ideological purity that you wished to see has nothing to
               | do with that.
        
         | weaksauce wrote:
         | doubtful. they were issuing subpoenas to the cell companies for
         | their records of the tower registrations for a certain time
         | frame when crimes were being committed. It doesn't take much to
         | identify the owner of a smartphone via that and then correlate
         | that with driver's license photo ids and correlate that with
         | surveillance camera footage to bring a case. that had nothing
         | to do with peaceful protester tracking but bog standard
         | criminal investigation.
        
           | autoexec wrote:
           | They used a bunch of different tricks to ID some of the
           | people there (and they've still not arrested most of them).
           | The lesson here isn't that they aren't collecting data
           | effectively, or that they aren't able to learn whatever they
           | want, but rather that the data isn't really intended or used
           | for protecting America from attacks or threats or terrorism.
           | It's certainly being used, but not to protect us.
        
           | roarcher wrote:
           | I posted the source in another comment but I'll put it here
           | as well: https://www.businessinsider.com/doj-is-mapping-cell-
           | phone-lo...
           | 
           | The data came from Google and included GPS data.
           | 
           | Either way, I don't think that matters. My point is that tech
           | companies store data that can be used to identify everyone
           | present at a specific location and timeframe, and that data
           | is easily available to the government. There's no "may" about
           | it.
        
             | weaksauce wrote:
             | sure... I don't disagree with you there. they did need to
             | get a subpoena for that information using all the other
             | evidence that was publicly out there on facebook that the
             | affidavit said. they were using an android device that
             | tracks you if you let it and stores that information on
             | google's servers if you let it. you don't have to have that
             | feature on and just having the phone on you is sufficient
             | to be triangulated by the cell towers. I don't see how this
             | is incompatible with modern society. google didn't just
             | give up the data without going through the judge granting a
             | subpoena. even if they didn't have that cell phone record
             | it's just one piece of evidence of many that would still
             | likely get a conviction.
             | 
             | it didn't start at gps data from google... it went from
             | public posts on facebook to the email and phone number
             | account associated with that to the google account
             | associated with that to the gps data associated with the
             | google account. if you show me them using a reach around
             | route to get that gps data and persecute peaceful
             | protestors that haven't been suspected of criminal activity
             | then i do agree it's troubling. if you want me to agree
             | that the government is not within their rights seek
             | evidence via normal, judge approved, subpoenas to
             | investigate/prosecute people storming the capital and doing
             | legitimate crimes then i disagree. you need probable cause
             | and that bar should be fairly high.
        
               | roarcher wrote:
               | In the J6 case they used a subpoena, yes. The OP article
               | says that they're now going around the legal process by
               | simply buying the data.
               | 
               | But my point is that the article implies that there's
               | some uncertainty as to whether this data can be used to
               | identify everyone present at a place and time, and there
               | isn't. It has been done before.
        
             | kccqzy wrote:
             | That's missing the point. Your article says
             | 
             | > investigators obtained GPS and other cell phone records
             | from Google via a search warrant
             | 
             | Search warrants are and remain the correct tool for the
             | government to get this data. What this article is worrying
             | about is the fact that sometimes the government simply
             | purchases this data without any sign off from a judge.
             | That's where constitutional protections are eroded.
             | 
             | Your outrage is misplaced until such time when the
             | government can buy this data from Google without a search
             | warrant.
        
               | roarcher wrote:
               | I'm aware of the distinction. I guess I wasn't clear in
               | my original comment because this keeps coming up: My
               | point is merely that there is absolutely no doubt that
               | once acquired, the data gives the government this
               | capability. The article implies that this is uncertain,
               | and it is not.
               | 
               | > Your outrage is misplaced until such time when the
               | government can buy this data from Google without a search
               | warrant.
               | 
               | Whatever outrage you read into my comments, I assure you
               | it's not there. If you're looking for a fight, look
               | elsewhere.
               | 
               | Also, the OP article is about the government doing
               | exactly that. So if I was outraged, it would be well
               | placed, according to you.
        
               | lern_too_spel wrote:
               | > Also, the OP article is about the government doing
               | exactly that.
               | 
               | The OP article doesn't match the document it describes,
               | which says that the government authorized 5 searches of
               | this data in the past 2.5 years.
        
               | roarcher wrote:
               | Are you sure about that? See Section 2.2 of the report,
               | "Examples of CAI Contracts" that says "The IC currently
               | acquires large amounts of CAI" and goes on to list
               | specific data brokers contracted by specific government
               | agencies. What am I missing?
        
       | majormajor wrote:
       | The government couldn't do it this easily if it wasn't for sale.
       | 
       | It being for sale means _anyone_ can be doing it which might be a
       | framing that would be more alarming to the law-and-order types.
       | 
       | But really you need a two prong solution:
       | 
       | 1) restrict this from being collected and compiled in the first
       | place, eliminate the ability to default to this tracking unless
       | someone opts out
       | 
       | 2) restrict the government's ability to use or acquire through
       | non-market-based means. The claim here is that there's already
       | restrictions on this vs directly surveiling, but I haven't seen
       | directly which specific restrictions those are for buying off-
       | the-shelf info and the article doesn't specify.
       | 
       | There are very really no companies that I trust to keep my data
       | safe for 10, 20, 50 years. Leadership changes, ownership changes,
       | etc. We have to cut it off at the source.
        
         | AnimalMuppet wrote:
         | > It being for sale means anyone can be doing it which might be
         | a framing that would be more alarming to the law-and-order
         | types.
         | 
         | How about "more alarming to the _lawmakers_? "
         | 
         | Someone could show that movement info, for example, is
         | available for sale on a legislator. Or a legislator's spouse or
         | child.
         | 
         |  _Now_ do you see the problem, oh you who write the laws?
        
           | burkaman wrote:
           | No, they still don't care. https://www.nytimes.com/interactiv
           | e/2019/12/20/opinion/locat...
        
           | rootusrootus wrote:
           | > Someone could show that movement info, for example, is
           | available for sale on a legislator. Or a legislator's spouse
           | or child.
           | 
           | Surely someone is already doing this? It wouldn't be
           | especially expensive, but even if it were we could probably
           | crowdfund it easily enough.
        
             | [deleted]
        
           | bilbo0s wrote:
           | I suspect all those who write the laws already have a
           | Damoclean Sword threatening to drop on them at any time
           | convenient. So I wouldn't count on much help from them
           | whether the laws apply to them or not. It's a virtual
           | certainty that noone who seeks power is free of exploitable
           | skeletons. They are the kind of people who seek power. So the
           | law enforcement and security infrastructure can leak that
           | whenever they choose.
           | 
           | I guess what I'm saying is, your suggestion would be a good
           | idea, but the security apparatus figured it out before you
           | did a long time ago. See ABSCAM for instance.
        
             | autoexec wrote:
             | I'm reminded of how Obama was vocally opposed to domestic
             | surveillance and campaigned on ending all the new spying on
             | the American people, but once he was in office he changed
             | his tune very quickly and ended up expanding the NSA's
             | ability to spy on the people instead.
             | 
             | I figure either he was shown some very strong and
             | classified evidence that the data the NSA had been
             | collecting was critical to protecting the people even while
             | it violated their constitutional rights and freedoms or
             | else he was shown how much dirt they have on him and his
             | family and he was blackmailed into publicly declaring his
             | love for NSA spying and handing them more tools to collect
             | data while making only a few token changes.
        
           | pjmorris wrote:
           | Could someone start the 'Decentralized Intelligence Agency(,
           | LLC)', buying, collating, and analyzing open market data
           | feeds, and allowing subscribers to see what's known about
           | themselves and others?
        
             | jodrellblank wrote:
             | Bellingcat are an investigative agency which uses open data
             | and decentralised members (I think), but not doing it for
             | members to see themselves:
             | 
             | https://en.wikipedia.org/wiki/Bellingcat
             | 
             | https://www.goodreads.com/book/show/54680228-we-are-
             | bellingc...
        
             | bilbo0s wrote:
             | Sure.
             | 
             | If you have the wherewithal to protect yourself from the
             | unsavory underworld types who will inevitably come after
             | you for revealing things they'd just as soon keep secret.
             | 
             | There's a reason you only see the government doing this
             | kind of thing.
        
           | NoZebra120vClip wrote:
           | I think that something that should have made lawmakers, and
           | others in public office, sit up and take notice, is a couple
           | of years ago when a prominent and highly-placed Catholic
           | priest was found to be hanging out on Grindr and with other
           | users of the app, shall we say.
           | https://www.catholicnewsagency.com/news/248431/usccb-
           | general...
           | 
           | The entity that orchestrated that outing, with the
           | accompanying simple purchase of location data, etc. was a
           | Roman Catholic newspaper known for high-quality investigative
           | pieces. https://www.pillarcatholic.com/p/pillar-investigates-
           | usccb-g...
           | 
           | If such incriminating data is so easily procured against just
           | one guy using a gay hookup app, imagine the treasure troves
           | of data that could be wielded against Members of Congress and
           | other people in power. Even in the absence of wrongdoing, I
           | still don't think that public figures would enjoy having the
           | public know their every move, every minute of every day, but
           | the reality is that all the apps they run are phoning home
           | and uploading that data constantly, unceasingly, and it's all
           | for sale.
        
             | JumpCrisscross wrote:
             | > _imagine the treasure troves of data that could be
             | wielded against Members of Congress and other people in
             | power_
             | 
             | You are overestimating the frequency of these events, or
             | the degree to which their perpetrators are aware they're a
             | liability. Seasoned members of the Congress are "on" all
             | the time, egregiously aware of not only their own words,
             | expressions, movements and probability of being
             | surreptitiously recorded and tracked, but also how their
             | competitors and allies might be and to what extent that can
             | be turned or stockpiled for leverage.
        
           | mc32 wrote:
           | That guy who was tracking celebrities's plane traffic and
           | publishing on TWTTR could instead do this. Automatically and
           | repeatedly publish legally obtained data on all politicians
           | fed, state and local. Now that would constitute a public
           | service.
        
             | nickpeterson wrote:
             | Except they would make that illegal for politicians and let
             | us all twist in the wind.
        
         | ajross wrote:
         | > The government couldn't do it this easily if it wasn't for
         | sale.
         | 
         | Stronger: this being for sale means that it's _already_ being
         | purchased by someone.
         | 
         | Really the scoop to this piece is just "The CIA engages in open
         | source intelligence", which sort of a "duh" kind of thing. If
         | there's intelligence value in a product on the open market, _of
         | course_ they 're going to consider buying it.
         | 
         | If it shouldn't be for sale it shouldn't be for sale. Let's fix
         | that, not try to pretend that we're OK if Putin or Xi buys it
         | but not the CIA.
        
         | nonethewiser wrote:
         | I don't fully disagree but there is still a big difference.
         | People voluntarily give these companies their data. The
         | companies aren't skirting the law. We shouldn't gatekeep
         | disallowing government spying behind better consumer
         | protections.
         | 
         | The kicker in all this is that the taxpayers are literally
         | paying for this. We are paying to give the government our own
         | data.
        
           | janalsncm wrote:
           | My alarm bells for the Appeal to the Law fallacy went off. I
           | see it quite often. When we're discussing what the law
           | _should_ be, what the law _currently is_ is irrelevant
           | (unless your position is that laws should not change).
           | 
           | The fact that it is currently legal to harvest this data and
           | the fact that it is currently legal for the government to
           | purchase it should have no bearing on whether they should be
           | able to in the future.
           | 
           | Further, there is a serious question with regards to the
           | extent to which these businesses had the actual informed
           | consent of their users. Do people fully understand that their
           | information will be sold to data brokers? Do they understand
           | that the government will be able to purchase said info with
           | our money (and possibly use this information to incarcerate
           | them)? The latter is almost certainly no, which is why the
           | government fought so hard to keep it a secret.
        
         | malermeister wrote:
         | Isn't 1) what the GDPR is trying to do?
        
         | 2OEH8eoCRo0 wrote:
         | Could some form of copyright or ownership help with this? The
         | reason they can sell it is because it's theirs. Not yours. If
         | you retained ownership of that data somehow would they need a
         | warrant for it?
        
           | JumpCrisscross wrote:
           | > _Could some form of copyright or ownership help with this_
           | 
           | Just pass privacy rights. Backing into a solution with
           | copyright is unnecessarily messy. Nobody wants to deal with a
           | lifetime of the courts deciding on the status of personal
           | data seized in a bankruptcy proceeding or hypothecated to
           | foreign investors.
        
           | bilqis wrote:
           | That implies creating market for data, attaching speculative
           | value to it and et cetera, and stinks of web3 bullshit.
        
         | mc32 wrote:
         | What i don't understand is why if it's illegal and forbidden
         | for the government to directly indiscriminately collect
         | information and data on citizens, they can buy the same
         | information from data brokers without an issue? Surely this
         | violates the intent of the law.
        
           | shadowgovt wrote:
           | The intent of the law was to limit government power
           | specifically. Not unlike the law requiring most of the
           | information on firearm sales at the federal level be kept in
           | paper format so that it can't easily be mass-indexed and
           | mass-crawled.
        
             | Sai_ wrote:
             | Maybe the world needs an NRA type agency for privacy -
             | strident and extremist in scope so that the government
             | invariably wilts before it.
        
           | number6 wrote:
           | Maybe they just want to check if it is dangerous for the
           | security of the US? Someone could blackmail the president or
           | a senator with this data
        
             | autoexec wrote:
             | I'm sure that's already happening. Nixon would have killed
             | for the kind of data our government is collecting and when
             | this data is turned against citizens the Neo-McCarthyist
             | witch-hunts will be devastating.
        
           | aidenn0 wrote:
           | In theory, the data was provided willingly when collected.
           | 
           | If you rent a locker, and the terms of the rental agreement
           | say that the person you're renting from has access to the
           | locker for any reason, then the cops do not need a warrant to
           | ask the lessor to open the locker, only a warrant to _coerce_
           | the lessor to open the locker.
           | 
           | If the lessor is willing to let anybody take a picture of
           | what is in the locker for $5, then the government doing so
           | isn't abusing its special privilege.
           | 
           | In practice, most people do not understand the ramifications
           | of the things they agreed to that put this data out there (if
           | they even read it!) and in many cases did not have reasonable
           | alternatives to the services that they signed up for.
        
             | nobody9999 wrote:
             | >In theory, the data was provided willingly when collected.
             | 
             | That's spot on, and your analogy is a good one, except that
             | in the realm of personal information, no warrant is
             | _required_ in the US.
             | 
             | There is quite a bit of law and numerous court decisions
             | around this process in the US.
             | 
             | That jurisprudence is more generally called the Third-Party
             | Doctrine[0]:                  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.[1]
             | 
             | [0] https://en.wikipedia.org/wiki/Third-party_doctrine
             | 
             | Edit: To clarify, I disagree with this doctrine and would
             | love to see limitations on data retention periods as well
             | as warrant requirements for access to such data.
        
             | jacquesm wrote:
             | In Europe it doesn't work like that. There you give consent
             | to collect for a specific purpose and for any other purpose
             | you need to go back to the source for another round of
             | consent. This is something that many companies haven't
             | implemented properly yet (but a surprisingly large number
             | actually do).
        
               | isaacremuant wrote:
               | And in reality, every process is a kafkean bureocratic
               | nightmare were you end up having to say yes in order to
               | advance and they milk your data anyway while also using
               | privacy rethoric to prevent citizens from getting gov
               | transparency.
               | 
               | The typical powerful west European countries are corrupt
               | to the core and when people feel we are better off than
               | in the US (self congratulatory posts are common) it's
               | generally lack of political awareness and involvement
               | more than anything.
        
               | jacquesm wrote:
               | In reality, it just mostly works. Source: ample
               | experience with European (no idea why you added 'West')
               | companies that deal with my data. Since the GDPR has gone
               | 'live' (as in: fines are being issued for non-compliance)
               | the situation is improving every day.
        
             | imiric wrote:
             | > In practice, most people do not understand the
             | ramifications of the things they agreed to that put this
             | data out there (if they even read it!)
             | 
             | True, but it's even worse than that. Many of those who do
             | understand it, simply don't care ("nothing to hide",
             | "nothing to fear", etc.).
             | 
             | The allure of a "free" service that everyone else uses is
             | enough to abandon any expectation of privacy, and
             | consciously come up with arguments that it doesn't matter.
        
           | jacquesm wrote:
           | There are a ton of 'workarounds' like that in play, parallel
           | construction being one of the most extreme ones. It's
           | interesting how these invariably work very well when it is
           | the government in the position of the plaintiff but citizens
           | will never ever see the benefit of any of this. Cameras
           | everywhere, but good luck if your car gets stolen. Meanwhile
           | all of your movements are tracked with abandon, ANPR on every
           | second street and so on. Privacy is very hard to come by.
           | 
           | At the same time: I sympathize with LE and intelligence
           | service operators that have their heart in the right place
           | and that would just like to be able to do their jobs in a
           | hostile and hard to navigate digital environment. Tech moves
           | so much faster than they can keep up with.
        
             | mc32 wrote:
             | If law enforcement has a reason to obtain data, they should
             | be able to get a warrant to obtain data for people of
             | direct interest. But especially the federal gov should not
             | be able to have data that they cannot legally obtain
             | directly from the population. What good is a law and right
             | of the population, if it can be trivially circumvented?
             | 
             | Having data on everyone and then only using it against
             | people they want to use it against is exactly what the
             | Stasi did. Obviously this is their dream come true --just a
             | little to late for them.
        
               | jacquesm wrote:
               | Agreed, but this is something that has been going on for
               | decades. Their excuse - believe it or not, I can dig up
               | the source if you want - is that _as long as nobody looks
               | at the data it is ok to have it_. I thought that was
               | being incredibly economical with words, clearly that is
               | not the intent of the law.
        
               | mc32 wrote:
               | It's ironic that this is what all repressive governments
               | do. They hold data and when they need it they spring it.
               | But I guess this escapes them -or maybe not.
        
               | jacquesm wrote:
               | It escapes them but it shouldn't.
        
           | nonethewiser wrote:
           | It absolutely does. Hopefully this gets brought to court.
        
           | freefaler wrote:
           | The government has the monopoly to violence, Google does not.
           | The cops can arrest you, Netflix can't.
           | 
           | That's why information in government hands can be more
           | dangerous than in corporate. A good example is when Nazis
           | occupied Holland they used governmental data on religion
           | (collected to properly allocate funds for places of worship)
           | to track jews and send them to the camps.
           | 
           | So data in corporate hands is bad, but governmental data can
           | be even worse.
        
             | cmilton wrote:
             | And this is why the constitution is in place. To prevent
             | the government from overstepping.
        
               | isaacremuant wrote:
               | Constitutions around the world were absolutely trampled
               | under the guise of an axiomatically defined emergency
               | that trumped fundamental freedoms and civil rights.
               | 
               | Freedom of movement, association, speech, religion,
               | bodily autonomy and more... All down the drain.
               | 
               | All you need is a bit of collision between government
               | media and tech and you're golden.
        
               | dylan604 wrote:
               | It needs to start doing a better job then, cause it looks
               | like it's asleep on the job
        
               | cmilton wrote:
               | The people have to wield its power. It won't act on its
               | own.
        
           | [deleted]
        
           | coldtea wrote:
           | The intents of those enforcing the law is more powerful
           | predictive of what will happen in practice than any intent of
           | the law itself...
        
       | underbluewaters wrote:
       | I'm curious what would happen if a privacy-focused nonprofit
       | tried to purchase this bulk data and were refused. If it's only
       | truly available to 3 letter agencies then they are acting more
       | like contractors and the legal rationale might unravel.
        
         | aksss wrote:
         | It's a tangled mess. If the companies are voluntarily
         | cooperating, it's not as simple as calling them contractors.
         | Look at all the covid/Biden subject matter censorship that was
         | going on for an example. These companies invited the agencies
         | in for reasons; they became willing tools of government
         | censorship. There's no crime in it unless the government is
         | coercing them. If you've interacted with the agencies, you know
         | that coercion can be very subtle and light-touch. It can also
         | be unofficial bargaining to the look the offer to look the
         | other way or the threat to look intensely in one direction or
         | another. Point is, you're rarely going to see a demand letter
         | on the record requiring compliance outside of the warrant
         | system (including FISA). The agencies know they can't compel
         | private companies or state governments to do their work
         | legally, so they work within the gray areas.
        
         | autoexec wrote:
         | This assumes that three letter agencies care about the law at
         | all. They'll either come up with some other legal rationale
         | that sidesteps the clear intent of the laws which would
         | otherwise protect the rights of the American people or they'll
         | just ignore it. I'd actually prefer it if at this point they
         | just openly admitted that they were going to grossly violate
         | our rights than this game where they smile and tell us how free
         | we all are while they continue to come up with insane legal
         | theories, imaginary guardrails against abuse, and toothless
         | regulations which ultimately let them get away with doing
         | whatever they want anyway. A little honestly would be very
         | refreshing.
        
           | d10486fa91eb46 wrote:
           | [dead]
        
       | ConanRus wrote:
       | [dead]
        
       | rootusrootus wrote:
       | Quick, someone put up a web site where I can click on any
       | legislator's name and read everything there is to know about them
       | which can be commercially purchased. Maybe have a button to
       | contribute to a fund to buy it so it can be published.
        
         | null0pointer wrote:
         | Next week: "Congress passes bill banning sale of US Gov
         | employee data."
        
       | beezle wrote:
       | I believe this is the report in its original form:
       | 
       | https://www.dni.gov/files/ODNI/documents/assessments/ODNI-De...
        
         | contingencies wrote:
         | Named providers...
         | 
         |  _Reuters CLEAR_ has no clear opt out and is being sold as
         | "prevention" ( _precog_ ).
         | https://legal.thomsonreuters.com/en/products/clear-investiga...
         | 
         |  _LexisNexis_ https://optout.lexisnexis.com/
         | 
         |  _Exactis_ has no clear opt out. https://www.exactis.com/about-
         | us/
         | 
         |  _PeekYou_
         | https://www.peekyou.com/about/contact/ccpa_optout/do_not_sel...
        
           | graphe wrote:
           | Are the opt outs worth it? I don't see the benefit of giving
           | them my real name, my info and telling them to delete it if
           | they figured out it was me. Would it be easier to just change
           | your name every once in a while legally?
        
             | janalsncm wrote:
             | Not sure what the play is here. By changing your name you
             | are telling the government about your new name. So they
             | will just search for all of your names.
        
             | Sai_ wrote:
             | Isn't a name change just another entry in a database saying
             | user_id X now points to make Y?
             | 
             | How hard can it be to combine one more database entry into
             | a deanonymisation process?
        
       | hospitalJail wrote:
       | I'm sure those 5 major companies called out in PRISM are all
       | selling the data, and one of those companies runs advertisements
       | claiming they keep things private and secure.
       | 
       | I'm no VIP, so its unlikely anyone would stumble across my name.
       | However that typically can't be used as a defense for such a
       | policy.
       | 
       | I suppose it can be used as a defense if you want to claim your
       | device prioritizes privacy and security. Its not a valid defense,
       | but profit doesn't really care about being logically sound.
        
         | bilbo0s wrote:
         | _I 'm sure those 5 major companies called out in PRISM are all
         | selling the data_
         | 
         | Um, " _selling_ "?
         | 
         | That's an, uh, interesting, characterization of what's likely
         | going on.
         | 
         | I'm not sure companies have a lot of choice in what's going to
         | happen to their data here in the US despite what they tell us.
         | (In fact, I'd bet they don't have much of a choice what happens
         | to their data in _any_ country they do business in.) Maybe a
         | few of the hardcore companies take it to court. But, OH! That
         | 's right! In the US we've got FISA courts for this kind of
         | thing, so it's illegal for us to know anything about any of
         | that either.
         | 
         | Oh well. Pity that I guess. Carry on citizens. Nothing to see
         | here.
         | 
         | On a serious note, never put anything on the digital record
         | that you would be unwilling to have entered as evidence against
         | you in open court. Full stop. I don't care what assurances you
         | get from companies about security, or privacy, or end to end
         | encryption. You just shouldn't do it.
         | 
         | It helps to think of it this way, if it touches your phone or
         | the internet in any way, it's part of the public record. No
         | matter what app you were using. So be cognizant of that, it can
         | come back to bite you 10 years later in ways you never would
         | have imagined.
        
           | falcolas wrote:
           | FWIW, _also_ selling.
           | 
           | As an example, a company called Dataminr sells views of
           | Twitter to a bunch of government entities. Those views
           | include things like fires, flash mobs, explosions, riots,
           | etc.
        
           | wefarrell wrote:
           | It's a loophole, the 4th amendment prohibits the government
           | from seizing data, however the government can legally
           | purchase data from a third party.
        
       | 60secs wrote:
       | I can only read that title literally
        
       | ripe wrote:
       | One thought that occurred to me, regarding how to stop this kind
       | of data being available:
       | 
       | First, a question: how does the government (or any buyer)
       | determine that the data they are buying is genuine?
       | 
       | Second: Assuming that there's really no good way, then there's
       | something you can do. Somebody could simply run lots of ChatGPT
       | style models to generate a flood of nonsense but plausible-
       | looking data about everyone on the planet. Flood the Internet
       | with it. Compile it into lists and offer them for sale. Cheap!
       | 
       | Once there's so much nonsense data out there, then provenance
       | becomes more valuable. It becomes less useful to just buy random
       | data.
       | 
       | Doesn't solve the actual problem of privacy, but it might help in
       | the short run.
        
       | aliasxneo wrote:
       | I wish I could read more reporting like this. Incredibly relevant
       | to the average American, devoid of any political nonsense, and
       | pretty straight to the point. The loopholes being abused by
       | surveillance branches is truly alarming.
        
         | 2OEH8eoCRo0 wrote:
         | I suppose it's relevant but (devil's advocate) how does it
         | affect/harm you? The reason the public doesn't seem to care is
         | because it's benign.
        
       | h2odragon wrote:
       | lose yer phone.
       | 
       | if your computing devices have cameras and microphones,
       | disconnect them.
       | 
       | do not use credit cards or online payment systems. cash, grass,
       | or ass.
       | 
       | ... and they'll _still_ know anything they care to about you; and
       | failing that will _make up_ anything they need, should anyone
       | with access to the levers of power decide that you are a worthy
       | target, for whatever reason.
        
       | donalhunt wrote:
       | And if they are doing it to citizens, they are almost certainly
       | doing it for non-citizens (most of the existing "protections"
       | specifically state they don't apply to non-residents which always
       | caused me to raise an eyebrow). :/
        
       | mjfl wrote:
       | [flagged]
        
         | antonvs wrote:
         | Shouldn't you be wearing khakis and marching in a protest
         | somewhere?
        
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