The Wyden Siren Goes Off Again: We’ll Be “Stunned” By What the NSA Is Doing (techdirt.com)

by cf100clunk 173 comments 561 points
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173 comments

[−] wing-_-nuts 64d ago
Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about', but my line of thinking is not 'do i trust the government' it's 'do I have faith in all future forms of government who will have access to this data'

Given how fast and lose I've seen the DODGE folks play with the data they have, absolutely not. I still shudder over the fact that my OPM data was hacked years ago

[−] AnthonyMouse 64d ago

> Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about',

"Saying you don't need privacy because you have nothing to hide is like saying you don't need freedom of speech because you have nothing to say." - Edward Snowden

[−] pardon_me 64d ago
Locks on bathroom doors are for privacy, not security.
[−] BoredPositron 64d ago
[flagged]
[−] MentatOnMelange 64d ago
You realize that without the door it would be even more obvious whether the stall is occupied?
[−] jackyinger 64d ago
It's not about it being occupied, it is about what is happening inside.
[−] inetknght 64d ago
Everyone knows what's happening inside.
[−] magicalhippo 63d ago
Indeed, people are snorting coke. Hence why they want doors.
[−] classified 63d ago
Meaning what?
[−] gwinkle 64d ago
Snowden is comparing two things that, in fact, are not alike. Surveillance gathers information, whereas censorship suppresses expression. It might sound like clever rhetoric to people of a lower intellectual capacity, but these are fundamentally distinct concepts.
[−] tomwheeler 64d ago

> it's 'do I have faith in all future forms of government who will have access to this data'

And even this assumes that the government can and will protect the data from the various bad actors who want it, something they have absolutely failed to do on multiple occasions.

[−] alpple 64d ago
if you're not doing anything wrong, a government that is doing something wrong may not like it
[−] kjs3 64d ago
It's not "if you're not doing anything wrong" you need to worry about, it's "what will they make wrong down the road to trip me up" you need to consider.
[−] briffle 64d ago
I have seen what happens with garbage-in/garbage-out in databases, so this kind of stuff terrifies me. I often think of a case where we had a person listed twice in our database, with same address, birthday, etc, only thing different was gender, and last 2 digits of SSN were transposed..

After we 'fixed' the issue a few times, they BOTH showed up to our office.

Both Named Leslie, born on same day, a few small towns apart, same last name and home phone since they had been married. Back then, SSN were handed out by region sequentially, so one had the last two digits 12 and the other 21.

[−] CamperBob2 64d ago
Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about'

The people who say "I'm not doing anything wrong, so I have nothing to hide" simply don't understand that it's not their call.

[−] kasey_junk 64d ago
Does anyone ever actually use that line? Most people will argue that the trade off in privacy is worth it for security.

That is, if you frame your argument such that you believe people don’t understand the trade off it allows you to not engage with the fact they just disagree with your conclusion.

[−] quickthrowman 64d ago

> but my line of thinking is not 'do i trust the government' it's 'do I have faith in all future forms of government who will have access to this data'

This is how I view privacy as well. You never know who will be in power and who will access that information in the future with ill intent.

This line of thinking kept me away from the Mpls ICE protests. All of the people that protested had their face, phone, and license plate recorded and documented.

I’m not even afraid of being persecuted by the current administration, it’s the possibility of a much worse administration in the future that gave me pause.

[−] jasomill 64d ago
I'd go further and say that checks on police and intelligence agencies exist to protect both the innocent and the guilty from abuse of power.

If I'm doing something wrong, the onus is on the government to prove this within the rules established to prevent such abuse (and on the people, their elected representatives, and the judiciary to ensure these rules are sufficient to accommodate the interests of all parties involved).

[−] anonzzzies 63d ago
But with ICE arrests of people who did their best to make that craphole their home that line of thought must be wearing thin yeah? Nice for making a lot of money faster than mostly (china can be faster but chinese know they have to leave asap after they did instead of be proud to sit in it) anywhere else but outside that?

(I am from the EU, lived in US and China and am rich because of both, would not live in either ever again)

[−] roenxi 64d ago
And if we're talking about 'if you're not doing anything wrong, you have nothing to worry about' - the other irony is they probably are doing something wrong. There are a lot of rules out there. The only reason it isn't being bought up in the conversation is because the person has a certain level of privacy.

One of the interesting things the Epstein drama has kicked up is legal or not, the powerful get up to some wild things at parties. And in their business dealings just based on the background number of scandals. If there is an organised group of people allowed to look there is just endless blackmail material which is going to get used, just like LOVEINT.

[−] tim333 63d ago
As someone not very worried about privacy I don't use that line but think it's worth while using some reasoning as to the likelihood of bad stuff happening. Cambodia 1975 - terrible data but chances of genocide very high. Google knowing what I'm up to now, very likely but probable harm beyond seeing an ad, very low. I think sometimes people worry about the wrong things on that kind of basis.

Re the current US government I'd be more worried about their cruelty as illustrated by ICE, DOGE etc.

[−] the_af 64d ago

>

Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about'

The right way to reply to that is: not everything that's legal must be public.

You probably don't want the rest of the world to see you poop, or pick your nose, or listen to every word you say. Almost everyone has things they'd be embarrassed to disclose to other people. And this can be weaponized against you should any rival gain access to it.

[−] PetriCasserole 63d ago
People who are paying attention see that the government is changing rules daily. Feel safe today? Wait until tomorrow when Trump decides he wants to do something that you're in the way of.
[−] hedora 64d ago
"If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him."
[−] themafia 64d ago
"If you have money in your pocket you always have something to worry about."
[−] capricio_one 64d ago
[flagged]
[−] dylan604 64d ago
DOGE != DODGE

They may have dodged, ducked, dodged the rules while they DOGE'd their way through the government, but not sure if they used RAM trucks while they did it

[−] SauntSolaire 64d ago
The article lede reads: "Senator Ron Wyden says that when a secret interpretation of Section 702 is eventually declassified, the American public “will be stunned” to learn what the NSA has been doing."

Technically the full quote from Wyden is: "when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information."

It's a small thing, but I find the click-bait editorializing from techdirt a bit off-putting.

[−] tehwebguy 64d ago
The interpretation of the law is classified? That’s stupid and everyone who protected that classification, regardless of whatever the interpretation is, is a traitor!
[−] w10-1 64d ago
Key point (mostly drowned): Feds can compel A to surveil B if A maintains equipment or services for B. The Feds can also compel A's silence on point.

Originally applied only to the largest communications companies, this now has effectively unlimited scope.

The only safeguard (which took years to add legislatively) was that the FBI had to clear it; but now the FBI is refusing even to record such requests, to avoid any record of abuse (and the person responsible is dubious).

Surveillance seems necessary, but in the wrong hands, it's systemically deadly: it grants overwhelming advantage, and destroys arms-length trust, driving transactions of any size into networks prone to self-dealing and corruption.

[−] anigbrowl 64d ago
The whole concept of 'secret interpretations of law' is anathema to me. Secret information makes sense, there are lots of reasons a government might legitimately want to maintain a veil of obscurity. Secret interpretations of law are a manifestation of tyranny.

I like Ron Wyden but he should just employ his Congressional privilege here and read it out.

[−] blueone 64d ago
I’ve stayed private for most of my adult life. Network wide dns, vpns, alternative personas online for different purposes, etc. Nonetheless, my personal data has been exposed numerous times.

Once in a while, I’d get into a conversation with a friend or a stranger I met at some random function, and they’d ask how to stay private online and protect their data. I used to go in depth about how to do it, with excitement. Now I just say: be normal, fit in with the crowd, freeze your credit.

[−] phendrenad2 64d ago
I looked up Section 702 and top result was an official government powerpoint justifying it to the public. https://www.dni.gov/files/icotr/Section702-Basics-Infographi...

Under "Oversight", they point out that the Privacy and Civil Liberties Oversight Board concluded that that the government's Section 702 program operates within legal constraints, as recently as 2014! Wow!

[−] JohnMakin 64d ago
I can't imagine it's anything people haven't been suspecting for years - if I had to take a wild guess, it's the government's interpretation of not needing a warrant to scour things for intelligence on citizens using things like adtech and stuff that probably should require a warrant.
[−] jmward01 64d ago
I have wrestled with the concept of 'classified' many times. The question is always how you balance democracy's need for information with the real need to keep some things away from adversaries. I think the only answer is to vigorously enforce automatic declassification AND dissemination but also ensure that this happens within the useful lifetimes of those involved. This last part is especially important for accountability. Laws need to apply, without a statute of limitation, to abuse of classification and for that to happen this stuff needs to come out while those involved can still be held accountable. Additionally, if abuse is found while something is still classified there should be an immediate evaluation if the public interest in understanding the abuse outweighs the danger of releasing the information with an explicit understanding that the public has already received real harm compared to a theoretical harm of release.

Another aspect is that we need to lower the bar for declassification in general. The reality of classified information is that it is almost universally boring and time limited in its value. Also, so many people have access to it that it leaks out slowly anyway. Just look at how much of the US military and contractors have or have had secret and higher clearances. [1] When multiple percentage points of Americans (and other governments) have access currently or have had access in the past to supposedly 'top secret' information then hiding it from the rest of the population just sounds silly. It is time to start re-asserting the public's requirement to be informed even if that has some potential risks or even actual harms associated with it.

[1] https://news.clearancejobs.com/2022/08/16/how-many-people-ha...

[−] snowwrestler 64d ago
The warnings are nice but he could just say what it is. Members of Congress have immunity for what they say on the floor of their chamber in session, classification or no.
[−] contubernio 64d ago
Secrecy is anathema to governance accountable to the governed.
[−] mpalmer 64d ago
No means of law enforcement should be so secret that even the legal basis for it can't be revealed to voters. If that renders said means impractical, too goddamn bad.
[−] dlev_pika 64d ago
So glad to see my Oregon senator regularly on the money.
[−] dmix 64d ago
FISA courts are not sufficient oversight of this stuff. Not to mention there’s little rules for foreign data, including Americans talking to foreigners on the phone. As long as one end is foreign…
[−] avazhi 64d ago
“ Senator Ron Wyden says that when a secret interpretation of Section 702 is eventually declassified, the American public “will be stunned” to learn what the NSA has been doing”

This is not the same thing as saying people will be stunned by how long it took to discuss/investigate the matter, which is what Wyden actually said…

[−] jeffrallen 64d ago
Wyden is a national treasure.

Thank you for your service, Ron.

Also: Hello from Roseburg.

[−] rootusrootus 64d ago
One of the things I am proud of as an Oregonian is that Wyden is one of my senators. And it looks like maybe, possibly, he is starting to make Merkeley a true believer as well. Which is good, Wyden is getting kinda old, and there aren't enough people like him in Congress, by a long shot.
[−] kittikitti 64d ago
I'm going to guess warrantless search of all of our data, retention policies, and the worst part is who gets access to search through it. Basically, I speculate that anyone under a loosely defined classification would be able to access it legally. I also think there's a bunch of information and password sharing between people who don't even have a clearance for it. Perhaps sprinkle in abusing this system for personal or political reasons.

My word of caution is if you do have access to these systems or a shared password, tread very carefully.

[−] SilentM68 64d ago
That's insightful. Traditionally both political parties have expanded surveillance powers and engaged in actions that have usurped privacy of US citizens citing national security as the reason. That's historical fact. In my view, when one side does it, it is to stop the other side from doing something that does not align with the former side's interests or goals. But that's just a humble opinion.
[−] IshKebab 64d ago
Uhm this article is a total lie, no?

Claim: We’ll Be “Stunned” By What the NSA Is Doing Under Section 702

Actual quote: I strongly believe that this matter can and should be declassified and that Congress needs to debate it openly before Section 702 is reauthorized. In fact, when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information.

He said people will be stunned that it took so long to be declassified; not that people will be stunned by what it is.

[−] losvedir 64d ago
Wyden has been special, as long as I can remember. I feel like a lot of us early tech people had something of a libertarian bent. I think to some extent I've grown out of it in my less idealistic older age, but the whole idea of freedom from the government, living your own life, not being spied on, still resonates with me, and Wyden has always been a champion of it to some extent. You used to have Ron Paul, and these days now Rand Paul and Thomas Massie sometimes waving that flag, too.

It was definitely swimming upstream in the post-9/11 days. I was hopeful for a while with Trump that we'd see more of a mainstream resurgence, but it's not looking like it to me anymore.

Anyway, I can only imagine what he's alluding to here...

[−] xbar 64d ago
Thanks Senator Wyden. Please do not stop fighting for us.
[−] UltraSane 64d ago
I can easily imagine that the NSA has exabytes of data with Splunk style search capabilities. It would be ridiculously powerful.