4 ms·

The only real solution is the passage of data privacy laws AFAIK governments empower specific agencies and groups with qualified immunity. How would such laws

The only real solution is the passage of data privacy laws AFAIK governments empower specific agencies and groups with qualified immunity. How would such laws be enforced if an agency has immunity?

hirundo 4y ago
In the U.S. qualified immunity is a creation of the judicial system, and those decisions could presumably be reversed by statute if the political will comes to exist.
Matticus_Rex 4y ago
No need to invoke qualified immunity; the data privacy laws that have been passed (e.g. the GDPR) make explicit carveouts for government surveillance. Yes, the carveouts are for the jurisdiction's own government only, but that's the one you should be most worried about mass surveillance from in most cases.
- pclmulqdq 4y ago
  Arguably, government surveillance is one of the main points of regulations like GDPR. Data residency requirements make it a lot easier to do that.
misterprime 4y ago
>High ranking member of political party 1 does something illegal. >Huge stink and nationwide conversation ensues. >High ranking member of political party 2 does the same damn thing. >Crickets. You can even reverse the order of the events or parties. It happens a lot. Such laws, unfortunately, simply become political tools.
- westmeal 4y ago
  This depends on your filter bubble.
MSFT_Edging 4y ago
The expression of power is in who gets to decide the exception to the rules. Real power is rarely beholden to rules. That's why whistleblowers who call out illegal programs are treated like the criminal, because the laws essentially don't matter when dealing with things at that high of level. Powerful people can lie, cheat, and steal and face zero repercussions. They hold institutional power so groups like the police will protect them regardless of laws being broken. It's not illegal for a corporation to either literally or metaphorically kill someone, because there is no body that will hold them accountable, but it is illegal to assassinate a CEO and systems will pull all stops to hold the assassin accountable. Its the real reason why Western style democracy ends up being a busybox for people who like rules. The people who can grant endless exceptions have addresses and beds where they rest their heads but people without power cannot decide on an exception to the rules, regardless how dangerous and damaging that person is.

The only real solution is the passage of data privacy laws AFAIK governments empower specific agencies and groups with qualified immunity. How would such laws be enforced if an agency has immunity?

hirundo 4y ago

In the U.S. qualified immunity is a creation of the judicial system, and those decisions could presumably be reversed by statute if the political will comes to exist.

Matticus_Rex 4y ago

No need to invoke qualified immunity; the data privacy laws that have been passed (e.g. the GDPR) make explicit carveouts for government surveillance. Yes, the carveouts are for the jurisdiction's own government only, but that's the one you should be most worried about mass surveillance from in most cases.

pclmulqdq 4y ago
Arguably, government surveillance is one of the main points of regulations like GDPR. Data residency requirements make it a lot easier to do that.

misterprime 4y ago

>High ranking member of political party 1 does something illegal. >Huge stink and nationwide conversation ensues. >High ranking member of political party 2 does the same damn thing. >Crickets. You can even reverse the order of the events or parties. It happens a lot. Such laws, unfortunately, simply become political tools.

westmeal 4y ago
This depends on your filter bubble.

MSFT_Edging 4y ago

The expression of power is in who gets to decide the exception to the rules. Real power is rarely beholden to rules. That's why whistleblowers who call out illegal programs are treated like the criminal, because the laws essentially don't matter when dealing with things at that high of level. Powerful people can lie, cheat, and steal and face zero repercussions. They hold institutional power so groups like the police will protect them regardless of laws being broken. It's not illegal for a corporation to either literally or metaphorically kill someone, because there is no body that will hold them accountable, but it is illegal to assassinate a CEO and systems will pull all stops to hold the assassin accountable. Its the real reason why Western style democracy ends up being a busybox for people who like rules. The people who can grant endless exceptions have addresses and beds where they rest their heads but people without power cannot decide on an exception to the rules, regardless how dangerous and damaging that person is.