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For call metadata, the pen register comparison might fly. If they are storing content, as is likely, it won't. The beginning of the article on standing does ra
by Uhhrrr 13y ago
For call metadata, the pen register comparison might fly. If they are storing content, as is likely, it won't.
The beginning of the article on standing does raise questions I hadn't thought about. How would you decide the penalty for something with the potential for abuse? Just because the NSA is storing the largest ever collection of personal info with potential for blackmail, election skullduggery, stalking, identity theft, etc. doesn't mean that those things would happen. If all their data centers were hit by EMPs tomorrow, there may be no injury.
It would seem that when information which would indicate standing is itself concealed, though, that the threshold should be lower. Eh, I'll keep reading.
- anigbrowl 13y agoI'm thinking of the metadata, yes. I'm not convinced yet about the content allegations, and I suspect (but have not researched) that the point if illegality is when people start listening to them without a warrant rather than when they're merely stored.
- Uhhrrr 13y agoThat is certainly what the NSA seems to be claiming, and coincidentally it is the most convenient interpretation for them. But it seems highly bogus to me. Has the RIAA ever worried about whether downloaders actually listened to the contents of EnterSandman.rar? More worrying, the NSA could abuse this by listening to whatever they liked, then getting information by other means, then lying about listening. And we certainly already know that the NSA is capable of lying and willing to do so.