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Comment by JumpCrisscross

1 day ago

What’s the fix? What’s a simple rule change that would, at the very least, take these data out of law enforcement’s hands outside the most-necessary situations?

You may not realize it but this isn't even about law enforcement. It's also about tech companies having the data. What they will do with it, who they will sell or leak it too.

It's about the amount of data. It's about what it can be used for from military adjacent organizations under a fascist regime. Whether you think the us is headed toward fascism or not, what if it did? That's the point.

  • > this isn't even about law enforcement. It's also about tech companies having the data

    One is a clear and present danger. The other is a hypothetical danger. Both deserve being addressed. But if only one is going to get political capital, it should be the first.

    (I've worked on technology privacy issues. My takeaway is the public is broadly fine with the tradeoff. Folks in tech are not. But folks in tech with strong views on privacy are politically useless due to a combination of self-defeating laziness and nihilism.)

    • Hypothetical my ass. It's only hypothetical in the same way the Sword of Damocles could "hypothetically" kill someone. Every spook in the three-letter agencies has known this for decades, and now the lawful intercept weapon has been turned on them with Salt Typhoon. How anyone can call the threat "hypothetical" is beyond wishcasting and downright dishonest.

      You cannot change the rules to fix this. You can only change your personal habits. I wish it wasn't like this, but none of those agencies can be held accountable by design.

      1 reply →

  • You may not realize it but this isn't even about law enforcement. It's also about tech companies having the data.

    This. The lesson of the past decades is: if some organization has the data, eventually it becomes too attractive not to (ab)use it. Even Apple, which sold itself as a privacy-first company is slowly adding more and more ads. Squeezing out more profits is just too attractive with the pile of data that they are sitting on. Similarly, bad governments will require access to the data if they can.

    Employees inside companies should push back collection of data as much as possible (the GDPR helps a lot in Europe). If you do not have the data, you cannot use it in a user hostile-way in the future and governments cannot request data that you do not have. If you have to store data, go for end-to-end encryption.

    Citizens should try to escape the Apple/Google duopoly (e.g. by installing GrapheneOS), block trackers, and only install the necessary apps (no app = no easy tracking). For apps that you do need, revoke as many sandbox privileges as possible.

An open source community driven surveillance network that alerts the community when it is accessed by a select list of “trusted” governing officials. Clearly outlined access rules that are policy driven, technically controlled and auditable.

Sure Flock, we buy your safety pitch. We just don’t trust you.

  • > surveillance network that alerts the community when it is accessed by a select list of “trusted” governing officials

    This is the worst of all worlds. Actual criminal investigations get thwarted or the reporting requirement gets diluted to the point of being useless (“someone looked for something today!”). And a burden of vigilance shifted onto the public.

    • And it will be public and someone can be held accountable. Heck put an AI in it that scans for a list of items and reports when they see it. An actual investigation will have public pressure to access data. Lax policies will show the increased usage.

      Funding the police is the burden of vigilance already on tax-payers. We’re already approach the worst of worlds. Your perspective just points to human organizations being unsustainable, not this concept in particular.

      1 reply →

None, because they are above the rules. You need actual enforcement.

Or the other guy's community network idea but it would have to also publish the realtime activities and whereabouts of all politicians who voted against making this illegal.

Much like the law that stopped video rental companies from telling what their customers were renting, that passed after some politicians had their video rental histories leaked.

  • > they are above the rules

    They’re above the rules for a political cycle because we’re shifting to a system of spoils. That doesn’t change that everything they’re doing right now is legal. (Outside ICE. They’re a warren of criminality right now.)

No "simple rule", I'm afraid. Push money out of politics and aggressively redistribute wealth to curb inequalities, that's the only way to weaken the reactionary and authoritarian ideals currently flourishing. Until then, surveillance is a given.

The straightforward broad brush fix is a US port of the GDPR. Make mass surveillance commercially unlucrative, and most of the data currently available to the government won't be collected in the first place. Furthermore, it's a basic line in the sand that gives individuals an idea that privacy is an actionable right, not just something to powerlessly complain about.

That this culture shift would need time to trickle down into positive bans on surveillance performed by the government (eg Flock), or requiring audit trails for government use of commercial data that still gets collected, shows how far we're behind.

(I use the word "port" to indicate that we need to avoid letting lobbyists stuff it full of loopholes and regulatory capture the way everything else is. Heck I think we could do worse than copying the text verbatim and letting the courts sort it out)

  • Yeah. I really like the main idea behind GDPR, which is that data containing PII is the property of the person it describes, not of the companies that process the data to provide services.

    This means that I, as the owner of my data, can refuse to provide it for some use cases, request its deletion, etc. It’s my data after all.

The older and more jaded I get, the more I think that the only way to fix this mess before we all die of climate change is to dump the entire US government off a cliff and write a new constitution.

As the founding fathers intended.

  • > the only way to fix this mess before we all die of climate change is to dump the entire US government off a cliff and write a new constitution

    We don't have public consensus on major questions, in my opinion, to make this a fruitful endeavour.

    One thing we need is a political movement to push for Constitutional amendments. My five are, in decreasing order of priority, (1) multi-member Congressional districts, (2) striking the pardon power, (3) abolishing the electoral college and creating a referendum requirement for major legislation, (4) changing the first sentence of Article II to "the President shall execute the laws of the United States," and (5) permitting the Congress to charter independent agencies for up to 20 years.