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A fundamental conflict keeps coming up: 1) Security agencies are much more effective if they collect data before they know it's important. If they wait until J
by hackuser 9y ago
A fundamental conflict keeps coming up:
1) Security agencies are much more effective if they collect data before they know it's important. If they wait until Jane Doe blows up a building to start collecting intelligence on her, much of the evidence and other valuable information will be long gone.
2) Spying on innocent people violates their privacy, their legal rights, and is a tool for oppression. Warrants are required for a good reason.
One somewhat obvious solution is to store the data in escrow, available only with a warrant. Nobody would trust a private company with all that data (I hope, though I some countries require ISPs and other service providers to maintain some history), so who can we trust? I wonder if the courts are an answer. On one hand, it is not their role to provide investigative tools to the prosecution and could even violate their independence and neutrality. On the other, there would be little question about whether law enforcement had a valid warrant or whether the courts would respect by their own authority to issue warrants (and on the third hand, rather than the courts cleaning up the corruption, the corruption could spread to the courts too).
Does anyone know if there's a precedent?
- 1001101 9y agoWe had a good system in place in the Bill of Rights. Unfortunately, broad construction of this document in secret courts without an adversarial process has diminished it substantially. Your proposed system requires trust and goodwill, and that's in short supply.
- Jach 9y agoAs another comment mentioned the NSA definition of collect seems to be (or was) only when they "look" at it, whatever that means exactly. An interesting thing that I like to imagine happens with 1 (though I have no evidence) is that often Jane Doe does blow up a building, but then you see in the news over the next few weeks reports of rounding up terrorist cells related to Jane Doe. If they had to start fresh every time I don't think they could do that, they must have prior information, so I like to think it's the powers involved paying the Palantir tax. It's very reactive, which sucks for the people killed by Jane, but perhaps it's indicative that things haven't yet gone full Minority Report.