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Collection of Metadata -- as Done by the NSA -- Likely Unconstitutional, US Court Suggests
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swp1
swp1,
 User Rank: Apprentice
9/8/2020 | 4:35:22 PM
Liberal Circuit Shocks
I am shocked that the most liberal circuit court in the U.S. would oppose this technique.  The fact is that the information, while collected, can not be casually accessed.  This is a question of big data.  We use telephone records, routinely in law enforcement.  In this case, we are just storing for the telephone carriers information that is too costly for them to store.  We then access information where the individual involved has "no reasonable expectation of privacy".  The SCOTUS has long held that something can not be private if you have made it public, by buying into a public service.  This will never withstand SCOTUS scrutiny.  I think people get turned off, because they don't understand that the phone conversations themselves are still private, this is just the date, time, duration and to whom you have connected.  That is not private now.  Watch any crime procedural and the cops as for the "luds" or phone records.  It has been going on for decades.  This is just using big data to exploit it.  
tdsan
tdsan,
 User Rank: Ninja
9/11/2020 | 4:59:25 PM
Re: Liberal Circuit Shocks
Interesting comments, let me see where we start.

We then access information where the individual involved has "no reasonable expectation of privacy".  The SCOTUS has long held that something can not be private if you have made it public, by buying into a public service.
  • AT&T Privacy Reference
  • Verizon Privacy Reference

The problem with the notion that just because it is a public service, does not mean the information is free for agencies to scower through, that whole notion is going through personal information is preposterous without a warrant or court order. In addition, the metadata that you are talking about (phone numbers, duration, and location) is not all they are gathering, they are pulling the actual content (emails - message data, voice - the phone call itself, location - triagulation of the user), the statement the government stated was an outright lie. The data is being extracted from devices called Narist I & II devices (in certain instances they have been referred to a Einstein I & II), these devices act as taps on the primary carrier Points of Presence (Verizon, Sprint, AT&T, Amazon, Quest, T-Mobile, etc). They have the same setup in England and overseas countries (America - Prism, Boundless Informant, England's version - Tempora, Mobile Version - Stingray)

The reason why America was founded so not to be scruntinzed and remain under the thumb of socialist government tactics. This is the reason why they should shoot these programs down because they have been collecting massive amounts of data and sending it to Utah for years, the initial dragnet program was called Eschelon, morphed into ThinThread, then TrailBlazer (failure) and now Prism, Xkeyscore, Boundless informat, Tempora, Carnivore, etc.

It saddens me that people are so ill-informed about all of the surveillance tactics that has been going on for years (as mentioned by the respondent). In addition, the FISA courts have not denied a court order since their inception, it is a way for the feds to skirt around the law, this is why we have the laws in the first place, to protect the rights of the American Citizen. 

At what point is enough data enough, I think the private sector will start paying agency officials to have access  or tap into this data to deny medical healthcare, overturn lawsuits, malpractice claims because this dragnet surveillance tact will go to the highest bidder, we start sell our own selves out to foreigh entities, then what, it is sad.

Don't believe me, ask
  • William "Bill" Binney
  • Thomas Drake

Their lives were turned upside down because they were tired of individuals taking advantage of their power and they decided to do something about it.

Todd


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