Comment by jmward01
12 hours ago
"and notify the user when such attempts are made to their device."
We aren't going to remove the security state. We should make all attempts to, but it won't happen. What needs to happen is accountability. I should be able to turn off sharing personal information and if someone tries I should be notified and have recourse. This should also be retroactive. If I have turned off sharing and someone finds a technical loophole and uses it, there should be consequences. The only way to stop the rampant abuse is to treat data like fire. If you have it and it gets out of control you get burned, badly.
I turned off all cell carrier tracking 5 years ago. 100% of it.
By canceling my cell phone subscription.
I know I know, I must be amish, I have heard it all. But I run two tech companies, travel, have a family, and do most of the things most around here probably do other than doom scrolling.
So much more time in my own head to think.
I’m guessing you have a bunch of other people with their own cell phones doing things?
That’s the reason most other people are (fundamentally) going to struggle.
> We aren't going to remove the security state
We definitely won't get rid of it if we accept failure. I get that it seems extremely unlikely, but there's no use in trying to just mitigate the risk short term. One way or another that power will be abused eventually (if it isn't already).
Idealist views like this get us nowhere either tho.
The reality is somewhat more murky. On a long enough time horizon your point makes sense, we might be able to get rid of the security state by slowly chipping away at ig over hundreds or thousands of years.
Most of us are going to be dead in about 40 years tho. Security state isn't going anywhere in that timeframe.
Why not? Change like that happens slowly, then all at once. I can't say I'm optimistic that it will be gotten rid of, but if its worth fighting for then it doesn't matter if it seems likely.
I'm curious to hear someone explain why you're being downvoted
For consequences, we need to do away with the notion of qualified immunity. Why should police officers, politicians, agents of the government have any immunity for their actions? They should carry personal liability for breaking the law and violating others’ rights. Otherwise, there is no reason they’ll change. Right now, at best you’ll sue the government and get some money, but all you’re doing is punishing other tax payers.
In the United States, qualified immunity is a legal principle of federal law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known".
Under 42 USC § 1983, a plaintiff can sue for damages when state officials violate their constitutional rights or other federal rights.
https://en.wikipedia.org/wiki/Qualified_immunity
Qualified Immunity only sets the bar or threshold that you have to meet in order to sue.
Nearly impossibly hard to receive justice against government officials due to this standard
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But for federal officials, individuals don’t have standing right?
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Committing a crime and also abusing your authority to aid in the crime should be greater than the penalty for just committing that crime.
Qualified immunity is the only legal doctrine I can think of where piling on extra crimes reduces your liability.
Get rid of qualified immunity and enjoy no more fruit of the poisonous tree. I assume you are not familiar with the laws of evidence by your emotional position. One of the biggest problems the country faces is citizen literacy in all domains. If you improve citizen literacy across all domains you will solve all problems, until they take away our ability to vote. The "system" exploits those who cannot defend themselves.
> We aren't going to remove the security state
What security state? They aren't doing this for anyone's safety. This is the surveillance and parallel construction state.
> What needs to happen is accountability.
No agency can have this power and remain accountable. Warrants are not an effective tool for managing this. Courts cannot effectively perform oversight after the fact.
> The only way to stop the rampant abuse is to treat data like fire.
You've missed the obvious. You should really go the other direction. Our devices should generate _noise_. Huge crazy amounts of noise. Extraneous data to a level that pollutes the system beyond any utility. They accept all this data without filtering. They should suffer for that choice.
> They aren't doing this for anyone's safety.
Strictly speaking, this is not completely true. When you call an emergency number, it’s very good that they can see exactly where you are. That was how this was sold 15+ years ago. But of course, that’s basically the only use case when this should be available.
Yet when I call emergency I must provide my location verbally, and then am usually contacted for a follow-up, because the guys cannot find the place. Don't get me wrong, I'm sure that this location technology works perfectly well: just not for the "only use case when this should be available".
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Except apparently they can't. I'm in L.A., a city where resources presumably represent what's available in modern cities, and the first thing I've been asked in any 911 call is "what's your location?"
This is particularly offensive considering that everyone was forced to replace his phone in the early 2000s to comply with "E-911." Verizon refused to let me activate a StarTAC I bought to replace my original, months before this mandate actually took effect.
Looking back on it, it was a perfect scam: Congress got paid off to throw a huge bone to everyone except the consumers. We were all forced to buy new phones, and for millions of people that meant renewing service contracts. Telcos win. Phone manufacturers win. Consumers lose.
Should it not be available with a valid court order as well?
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> Our devices should generate _noise_. Huge crazy amounts of noise. Extraneous data to a level that pollutes the system beyond any utility. They accept all this data without filtering. They should suffer for that choice.
I like the idea on principle, but I'll like it far less when I'm getting charged with computer fraud or some other over-reaching bullshit law.
You people are so cynical.
Its simply made for 911 calls.
In the 2G era there was no compute space to just put in extra evil shit for fun
https://en.wikipedia.org/wiki/Radio_resource_location_servic...
This line of argument is common. We use the term 'wiretap' because that is what it was, a physical tap on a physical wire and it took a real person there to do it. Even then it took a warrant to approve it. Wiretap laws were written when the technology made abuse extremely hard and were likely appropriate for the time. Now we live in an age where abuse of millions can be done in a single key-stroke and often doesn't require a warrant or oversight of any kind because the technology has changed and evolved to provide loopholes around the laws. The intent was emergency services but the mass use has been anything but. That is the key point and those that have abused this, weather on behalf of the government or for corporate profit, should be held responsible. We should have laws that criminalize breaking the intent of use in ways that harm individuals. You found a technical system rife for abuse and you use it that way? Go to jail. Pay a fine. It is that simple.
Made for, and used for, are two different things. The article gives an example of Israel slurping down that data constantly to track everyone, and you can bet they aren't the only ones doing that.
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> In the 2G era [...]
...you could just listen to calls in the clear. Pager traffic was completely unencrypted as well.
This is exactly what GDPR does.
Does it apply to the government like it applies to people? Is it enforced against governments like it is enforced against people and corporations? A core issue here is that laws, and the application and enforcement of laws, generally do not. Having said that I applaud the attempt and encourage pushing forward on the anti-surveillance aspects of GDPR while recognizing all laws are flawed.
The telco would be the one collecting it first, I assume. It would be interesting for someone in the EU to request their data from their telco, and if it contains these precise locations, question the usage.
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Yeah it applies to government like local municipalities have to adhere to GDPR, they cannot just have your name on the register, they have to have a legal reason.
Way you could argue it doesn’t apply to government is that the government makes the law so they can make the law that makes data processing and having your name on some kind of registry required.
But still they have to show you the reason and you can escalate to EU bodies to fine your own country if they don’t follow the rules.
I guess. In Poland when I go to gov offices I need to sign 25 GDPR clauses
State actors are inherently only subject to their own oversight
Don't cheer that any policy be applied to technology you wouldn't want applied to your own brain.
Imagine you get Neuralink and your best friend files for the right to be forgotten. Then poof. All your memories together gone.
This right is applied per entity.
If I send it to the company A, company B doesn't execute it unless they're a subsidiary of A (or A is their data controller) and my request was carefully crafted.
In the scenario you painted, that would mean that my _former_ friend has issued their request to me.
In that case? Fair. Poof if that's their wish.
Otherwise? How do you imagine it work?
I think I should have the right to remember the things I see.