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I'vw been thinking about this pretty hard this summer - I've been involved in some local tech activist stuff. My take on it is as runs: Fundamentally, what's
by pnathan 13y ago
I'vw been thinking about this pretty hard this summer - I've been involved in some local tech activist stuff.
My take on it is as runs:
Fundamentally, what's needed here is the ability to have confidence that the intelligence system is not overstepping its bounds. The US founders' framework for building that confidence is to have multiple parts of power, whose interest is roughly aligned with countering each other. So in the case of the TLAs:
* The judicial system for warrants needs to be open. No secret courts. Cases' contents might be sealed; the existence of cases should not be. Secret courts are not new, and they have been a bad idea for a long time.
* The policies for data collection need to managed by Congress; no policy about this should set by the executive branch. The policies need to be open and debated. Should we take foreign intelligence on our own citizens?
* Comprehensive reports to Congress. I believe Zoe Lofgren cited a report that was under a page about the NSA activity. That's entirely disingenuous and disrespectful of the representatives of the people.
The other thing that needs to be done is in the polls: Legislators that seek to legalize snooping need to be replaced with ones that don't.
And finally, the thought process needs to be that there's a 4th Amendment rights protection movement and organization, which will work over a long timeframe (generations). There's no band-aid act that will fix this once and for all, this entire thing is an upswelling from overprotective and anti-risk mindsets. It comes out of deep into the roots of what's considered acceptable risk. The privacy/4th amendment movement is going to have to plan for advocating higher risks, more freedom, more liberty, combined with more laws about privacy, along with determining how to build change in mindset over time (it's called propaganda or, more politely, marketing). Privacy implications need to be worked out, discussed, brought to light in fiction, philosophy, law, debates, etc. The mindset of fear and "never again" and "risk is unacceptable" has to be broken in order to make mass surveillance a non-starter.
Worse - The reality is that privacy is going to be dead with the Internet of Things coming online. The question is, what is acceptable and legal to monitor and record? For myself, I believe that we need to have stringent personal data laws forcing deletion of consumer data unless required for a service, as well as requiring warrants for any data collection not already given to the government (i.e., irs filing).
The 2nd Amendment groups are in this for the long run. I don't see how the privacy groups can afford to do otherwise.
edit: I would enjoy discussing this with interested parties, particularly activists and activist-leaning people. My email is in my profile.
- Joeri 13y agoIt's wrong to portray this as a trade-off between more risk or less risk. In reality it's a trade-off between two kinds of risk. Without the NSA snooping there is a higher risk of terrorist attacks, but with the NSA snooping there is more risk of attacks on democracy. Imagine j. edgar hoover or richard nixon able to use all that NSA data for illegitimate purposes. How easy would it have been to supress dissenting political opinion? The NSA database is a time bomb of political abuse just waiting to explode. Its very existence is a threat to democracy.
- pyrocat 13y agoYeah but "higher risk of terrorist attacks" is like, what, an increase from 0.000001% to 0.0000011%?
- 001sky 13y agoThat's the thing with Fear. It makes you stupid.
- pnathan 13y agoThat's a fair point. There are an array of risks that less (or more) intelligence shifts the balance around on. N.b., I don't really like to frame it as "attacks on democracy". That is (1) hyperbolic and (2) not obviously true. Words must be chosen very carefully in this debate (and it is a debate!) in order to not mislead or scare people away. I would argue that TLA snooping leads to the "Chilling effects" idea, where debate and discussion are chilled from freedom due to awareness of snooping. Obviously there are follow-on and side effects as well, as well as long-term risk of political persecution. But let's focus on the visible problem today without speculating on the worse potential problems. Further point with respect to word choice and bringing the mainstream awareness up: tinfoil hatters do not speak for me, and they don't speak for the mainstream. They poison discourse by being radical and not bothering to look at conventional reality. Same for conspiracy theorists. Reasonable and respectable people can move the needle, infowars/alex jones/coast to coast types really are no ally in the effort to make this a real issue.