| ▲ | jmward01 13 hours ago |
| "and notify the user when such attempts are made to their device." We aren't going to remove the security state. We should make all attempts to, but it won't happen. What needs to happen is accountability. I should be able to turn off sharing personal information and if someone tries I should be notified and have recourse. This should also be retroactive. If I have turned off sharing and someone finds a technical loophole and uses it, there should be consequences. The only way to stop the rampant abuse is to treat data like fire. If you have it and it gets out of control you get burned, badly. |
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| ▲ | _heimdall 6 hours ago | parent | next [-] |
| > We aren't going to remove the security state We definitely won't get rid of it if we accept failure. I get that it seems extremely unlikely, but there's no use in trying to just mitigate the risk short term. One way or another that power will be abused eventually (if it isn't already). |
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| ▲ | voidfunc 3 hours ago | parent [-] | | Idealist views like this get us nowhere either tho. The reality is somewhat more murky. On a long enough time horizon your point makes sense, we might be able to get rid of the security state by slowly chipping away at ig over hundreds or thousands of years. Most of us are going to be dead in about 40 years tho. Security state isn't going anywhere in that timeframe. | | |
| ▲ | _heimdall 2 hours ago | parent | next [-] | | Why not? Change like that happens slowly, then all at once. I can't say I'm optimistic that it will be gotten rid of, but if its worth fighting for then it doesn't matter if it seems likely. | |
| ▲ | Zetaphor 2 hours ago | parent | prev [-] | | I'm curious to hear someone explain why you're being downvoted | | |
| ▲ | 24 minutes ago | parent | next [-] | | [deleted] | |
| ▲ | CalRobert 42 minutes ago | parent | prev [-] | | Maybe the dead in forty years comment. Though considering accelerating climate collapse and the possibility of nuclear conflict it’s not completely unreasonable in my view. | | |
| ▲ | close04 23 minutes ago | parent [-] | | I read it as we’ll be dead because most people on this forum are 30+ years old and will statistically be dead ~70. Most of us, not most of humanity. |
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| ▲ | lrvick 2 hours ago | parent | prev | next [-] |
| I turned off all cell carrier tracking 5 years ago. 100% of it. By canceling my cell phone subscription. I know I know, I must be amish, I have heard it all. But I run two tech companies, travel, have a family, and do most of the things most around here probably do other than doom scrolling. So much more time in my own head to think. |
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| ▲ | hpdigidrifter an hour ago | parent | next [-] | | Pardon my skepticism but I find it hard to believe you can actually participate in western society without choosing to have a government mandated tracking device? Maybe you live somewhere this is possible but it's definitely not in the developed world | | |
| ▲ | taurath 40 minutes ago | parent | next [-] | | Runs 2 tech companies - the basic promise of the US is when you're rich you can do whatever the hell you want because you can pay people to handle stuff for you. But also, one doesn't always need a phone - phones can die, signal is not gauranteed. What are your "must have" things that require one to have a smart phone to participate? Assume the poster has a home phone, laptop, and credit card. | | |
| ▲ | lrvick 26 minutes ago | parent [-] | | Small companies that are 100% FOSS with no VC investment, where everyone has to pull their own weight. I do not have a personal assistant or anything like that and navigate the real world, travel, etc, very often alone. |
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| ▲ | lrvick 29 minutes ago | parent | prev [-] | | I am a security engineer and I live and work in Silicon Valley with an active social life. None of these things require a phone. | | |
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| ▲ | CalRobert 43 minutes ago | parent | prev | next [-] | | Do you hit issues around things like 2fa, online banking? | | |
| ▲ | taurath 38 minutes ago | parent | next [-] | | Most 2FA can be done without a phone, and you can also use offline 2FA keys, not necessarily a text message. You can also set up a phone number to accept texts from a laptop. I can do whatever on my bank by just calling. It would be a bit weird to never be able to pitch in on meals with a $ transfer app, but I suppose when you run 2 tech companies you're probably paying most of the time, or you just take a note and transfer it later. | |
| ▲ | lrvick 24 minutes ago | parent | prev [-] | | All 2FA options that require a phone like TOTP can be done just as easily on a laptop with a yubikey or nitrokey. I have several business and personal bank accounts with two major banks. No Android or iOS needed. Sure they push you hard to use them, but just say it is against your unspecified religion. They cannot make you use Android or iOS. | | |
| ▲ | ISL 15 minutes ago | parent [-] | | And your medical provider who will only allow you to see your online medical records after an SMS 2FA challenge? |
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| ▲ | lazide 2 hours ago | parent | prev [-] | | I’m guessing you have a bunch of other people with their own cell phones doing things? That’s the reason most other people are (fundamentally) going to struggle. | | |
| ▲ | lrvick 23 minutes ago | parent [-] | | Traveling internationally or domestically, booking flights, hotels, going to concerts, theme parks, the movies, organizing hangouts with friends, exploring new locations... all of these things I do just fine by using a web browser on a desktop computer before I leave home, and sometimes printing a couple things. I live a typical middle class lifestyle just without the doom scrolling. All the ways of living an active life engaged in the modern world that worked before the 2009 smartphone explosion still work just fine today. Just without tiktok and instagram. I think I am okay without those. | | |
| ▲ | lazide 17 minutes ago | parent [-] | | So what - printed maps? No ‘where are you?’ texts or the like? No looking up nearby anything you’re curious about but didn’t know about before hand? Certainly possible, I guess, if everyone in your circle does the same, and has a ton of patience, and you spend a ton of extra time doing all the prep in advance. And don’t need to deal with things like traffic jams right now, or the like. |
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| ▲ | SilverElfin 8 hours ago | parent | prev | next [-] |
| For consequences, we need to do away with the notion of qualified immunity. Why should police officers, politicians, agents of the government have any immunity for their actions? They should carry personal liability for breaking the law and violating others’ rights. Otherwise, there is no reason they’ll change. Right now, at best you’ll sue the government and get some money, but all you’re doing is punishing other tax payers. |
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| ▲ | hedora 8 hours ago | parent | next [-] | | Committing a crime and also abusing your authority to aid in the crime should be greater than the penalty for just committing that crime. Qualified immunity is the only legal doctrine I can think of where piling on extra crimes reduces your liability. | |
| ▲ | dumdedumdumdum 6 hours ago | parent | prev | next [-] | | Get rid of qualified immunity and enjoy no more fruit of the poisonous tree. I assume you are not familiar with the laws of evidence by your emotional position. One of the biggest problems the country faces is citizen literacy in all domains. If you improve citizen literacy across all domains you will solve all problems, until they take away our ability to vote. The "system" exploits those who cannot defend themselves. | |
| ▲ | themaninthedark 7 hours ago | parent | prev [-] | | In the United States, qualified immunity is a legal principle of federal law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". Under 42 USC § 1983, a plaintiff can sue for damages when state officials violate their constitutional rights or other federal rights. https://en.wikipedia.org/wiki/Qualified_immunity Qualified Immunity only sets the bar or threshold that you have to meet in order to sue. | | |
| ▲ | myko 7 hours ago | parent | next [-] | | Nearly impossibly hard to receive justice against government officials due to this standard | | |
| ▲ | _heimdall 6 hours ago | parent [-] | | The rules and laws allowing the federal government to take over a state case against a federal agent seem much more damaging. The cops involved in the most recent Minneapolis shooting will almost certainly face no repercussions because of this. The state can bring a case but the feds are clearly uninterested, they would simply take the case into federal court and spike it. | | |
| ▲ | cataphract 5 hours ago | parent | next [-] | | That's not how it works. When a state prosecution of a federal officer is removed to federal court, it's still the state prosecutor who's in charge. The problem is that as long as they were performing their duties they get a lot of leeway. A recent case was a cyclist killed by a DEA agent that ran a stop sign. Case dismissed: federal agents tailing someone don't have to respect state traffic laws. | |
| ▲ | themaninthedark 5 hours ago | parent | prev [-] | | The state can't bring charges against a federal agent enforcing federal law, otherwise southern states could have sued the federal agents enforcing integration. https://youtu.be/LuRFcYAO8lI?si=3n5XRqABhotw8Qrw | | |
| ▲ | _heimdall 2 hours ago | parent [-] | | That's incorrect. States can bring charges, they will almost certainly be thrown out or moved to federal court outside of the state's control. |
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| ▲ | SilverElfin 6 hours ago | parent | prev [-] | | But for federal officials, individuals don’t have standing right? | | |
| ▲ | themaninthedark 5 hours ago | parent [-] | | It's more like when the federal government passed a law giving people a recourse for when state officials violate their rights they did not write the law to (or purposefully wrote it to not) include the federal government. |
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| ▲ | themafia 10 hours ago | parent | prev | next [-] |
| > We aren't going to remove the security state What security state? They aren't doing this for anyone's safety. This is the surveillance and parallel construction state. > What needs to happen is accountability. No agency can have this power and remain accountable. Warrants are not an effective tool for managing this. Courts cannot effectively perform oversight after the fact. > The only way to stop the rampant abuse is to treat data like fire. You've missed the obvious. You should really go the other direction. Our devices should generate _noise_. Huge crazy amounts of noise. Extraneous data to a level that pollutes the system beyond any utility. They accept all this data without filtering. They should suffer for that choice. |
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| ▲ | ruszki 10 hours ago | parent | next [-] | | > They aren't doing this for anyone's safety. Strictly speaking, this is not completely true. When you call an emergency number, it’s very good that they can see exactly where you are. That was how this was sold 15+ years ago. But of course, that’s basically the only use case when this should be available. | | |
| ▲ | krick 7 hours ago | parent | next [-] | | Yet when I call emergency I must provide my location verbally, and then am usually contacted for a follow-up, because the guys cannot find the place. Don't get me wrong, I'm sure that this location technology works perfectly well: just not for the "only use case when this should be available". | | |
| ▲ | mycall 6 hours ago | parent [-] | | It is also useful for emergency services to double check you know the situation at hand and to cooperate with verification SOPs. |
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| ▲ | VerifiedReports 3 hours ago | parent | prev | next [-] | | Except apparently they can't. I'm in L.A., a city where resources presumably represent what's available in modern cities, and the first thing I've been asked in any 911 call is "what's your location?" This is particularly offensive considering that everyone was forced to replace his phone in the early 2000s to comply with "E-911." Verizon refused to let me activate a StarTAC I bought to replace my original, months before this mandate actually took effect. Looking back on it, it was a perfect scam: Congress got paid off to throw a huge bone to everyone except the consumers. We were all forced to buy new phones, and for millions of people that meant renewing service contracts. Telcos win. Phone manufacturers win. Consumers lose. | |
| ▲ | cpncrunch 7 hours ago | parent | prev [-] | | Should it not be available with a valid court order as well? | | |
| ▲ | Forgeties79 6 hours ago | parent | next [-] | | Slavery also took advantage of valid court orders. “Because it’s the law” is not enough. Our rights should always be the biased stance. | | | |
| ▲ | p-e-w 7 hours ago | parent | prev [-] | | Why? What is the rationale? Unless of course you subscribe to the idea that anything goes as long as a court decrees it, in which case there’s nothing to debate really. | | |
| ▲ | _heimdall 6 hours ago | parent | next [-] | | Court approved warrants are pretty fundamental to how our legal system works and how some level of accountability is maintained. That system isn't perfect by any stretch, but removing it unlocks Pandoras box and I'm not sure we'd be better off without it. As it stands, a cop has to get a warrant to enter and search your home, for example. If we remove that hurdle because we also don't trust the courts then we just have more searches. I get the reaction to turn on the whole system, I have very little faith in it myself. But I don't think many people are really aware of or ready for what would come without it. | | |
| ▲ | raw_anon_1111 6 hours ago | parent [-] | | Have you been paying attention to the news lately where Trump is weaponizing the court system to a point where ethical AGs are resigning instead of complying? | | |
| ▲ | cpncrunch 3 hours ago | parent [-] | | Thats not an argument to get rid of the courts. Quite the opposite. Trump is trying to sideline them, but ultimately it will fail becausethe population wont accept it. The US isnt China or Russia, and Trump may have to learn that. | | |
| ▲ | raw_anon_1111 3 hours ago | parent [-] | | The population is accepting it right now. 40% of the people still approve of everything Trump is doing. If you have 10 friends and you ask them what they want to eat for dinner and 6 say let’s go to a Mexican restaurant and 4 say let’s kill Bob and eat him, you still need to worry about your friend group. Right this second ICE agents are killing people with impunity and police for the longest have had qualified immunity to kill people unjustly. The country voted for this knowing exactly what they were going to get. Don’t believe the Michelle Obama “this is not who we are” this is who this country has always been | | |
| ▲ | Alive-in-2025 2 hours ago | parent | next [-] | | The country voted for it but it wasn't a rational choice. Half the country lives in insane false world, pushed by Fox news. But it's a near-majority every election. | |
| ▲ | trimethylpurine 2 hours ago | parent | prev | next [-] | | There are so many rulings, just in the last 25 years even, where SCOTUS has reaffirmed that warrantless search is not okay. This one is very much in line with the topic, in fact. Carpenter v. United States (2018) This country has never been what you're saying. We have some over policing happening. That seems to come and go in every country and doesn't say anything by itself about what a county is about, especially where it's trending over a 25 year timeline in the opposite direction from what you're describing. Let it go to court, at least, before you flip your lid and turn on your countrymen. Please. | | |
| ▲ | raw_anon_1111 an hour ago | parent [-] | | As people are getting shot by ICE today. Today on HN on the front page there was an article about someone being forced to use their biometric security to unlock their phone. And then to say this country has never been what I’m saying is to ignore Jim Crow, sundown towns that were prevalent into the mid 80s, etc. |
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| ▲ | _heimdall 2 hours ago | parent | prev [-] | | What poll have you seen that asks people to approve of everything any president does? I live in a very red part of the country, and in a very red, rural area that voted ~90% for Trump. I don't know anyone that is okay with everything he has done. Some take issue with Venezuela, some with the handling of the Epstein files or the federal budget. Some don't like sabre rattling over Greenland. Most people I know that do vote Republican are one issue voters. At least here people voted because they always vote republican, support the second amendment, think the republicans actually want a balanced budget, or just hated Clinton/Biden. It isn't about supporting whatever Trump does, though I'm sure some small percentage does. People regardless of party or region don't think critically often enough and can't set aside their own personal beliefs. We've made our country bipolar and we're seeing the repercussions. It isn't a problem with any one party or person, and the answer isn't to tear down the fundamentals of our system. We need to actually get back to the fundamentals because of late both parties have been going the way of socialism and authoritarianism. | | |
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| ▲ | direwolf20 4 hours ago | parent | prev | next [-] | | That's how courts work. They have superuser access. | |
| ▲ | angry_octet 6 hours ago | parent | prev | next [-] | | A court order is just a hurdle that legislation (or a constitutional provision) dicatates, in the investigation of crime (or prevention of future crime...). The distinction is the rights of the individual vs the rights of other individuals in the dilute sense we call society. The problem is that individuals no longer have confidence in their institutions, for both good reasons (official corruption, motivated prosecutors, the dissolution of norms of executive behaviour) and bad ones (propaganda on Fox News, and the long tail of disinformation online). The question becomes: how can citizens have confidence their rights will be protected? What structure would protect the right to privacy? | | |
| ▲ | p-e-w 6 hours ago | parent [-] | | The only reliable way to protect rights is to limit power, and the only reliable way to protect fundamental rights is to limit power with absolute prohibitions. This was well understood in the decades following WW2, and many countries implemented protections of this kind, only to roll them back again later when people had forgotten why they existed, and believed once more that everything will be fine as long as the “right” actors were in power. |
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| ▲ | cpncrunch 7 hours ago | parent | prev [-] | | Im a little confused. Do you not believe there should be courts at all? | | |
| ▲ | p-e-w 6 hours ago | parent [-] | | What I don’t believe is that courts should have the power to force anything to happen just by signing a piece of paper. | | |
| ▲ | Ms-J 5 hours ago | parent | next [-] | | Thank you for sharing this fact. Warrants can be had for almost any situation with creative phrasing from who is asking for it. Warrants are so easy to obtain and so abused it is required that we all do something differently. | | |
| ▲ | Alive-in-2025 2 hours ago | parent [-] | | They aren't that hard to get, yet Trump's warriors ice never seem to have warrants signed by a judge. Going back to being able to ignore fake warrants not signed by a judge without them killing you would be a big step forward. |
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| ▲ | cpncrunch 5 hours ago | parent | prev [-] | | So how should it work? | | |
| ▲ | 3 hours ago | parent | next [-] | | [deleted] | |
| ▲ | p-e-w 4 hours ago | parent | prev [-] | | With fundamental rules, applicable to all situations, limiting what information courts can demand. There are things so private that they should be out of reach of the state regardless of what justification someone can come up with. | | |
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| ▲ | TheCraiggers 10 hours ago | parent | prev | next [-] | | > Our devices should generate _noise_. Huge crazy amounts of noise. Extraneous data to a level that pollutes the system beyond any utility. They accept all this data without filtering. They should suffer for that choice. I like the idea on principle, but I'll like it far less when I'm getting charged with computer fraud or some other over-reaching bullshit law. | |
| ▲ | heraldgeezer 9 hours ago | parent | prev [-] | | You people are so cynical. Its simply made for 911 calls. In the 2G era there was no compute space to just put in extra evil shit for fun https://en.wikipedia.org/wiki/Radio_resource_location_servic... | | |
| ▲ | jmward01 8 hours ago | parent | next [-] | | This line of argument is common. We use the term 'wiretap' because that is what it was, a physical tap on a physical wire and it took a real person there to do it. Even then it took a warrant to approve it. Wiretap laws were written when the technology made abuse extremely hard and were likely appropriate for the time. Now we live in an age where abuse of millions can be done in a single key-stroke and often doesn't require a warrant or oversight of any kind because the technology has changed and evolved to provide loopholes around the laws. The intent was emergency services but the mass use has been anything but. That is the key point and those that have abused this, weather on behalf of the government or for corporate profit, should be held responsible. We should have laws that criminalize breaking the intent of use in ways that harm individuals. You found a technical system rife for abuse and you use it that way? Go to jail. Pay a fine. It is that simple. | |
| ▲ | SturgeonsLaw 9 hours ago | parent | prev | next [-] | | Made for, and used for, are two different things. The article gives an example of Israel slurping down that data constantly to track everyone, and you can bet they aren't the only ones doing that. | | | |
| ▲ | themafia 6 hours ago | parent | prev [-] | | > In the 2G era [...] ...you could just listen to calls in the clear. Pager traffic was completely unencrypted as well. |
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| ▲ | fsflover 11 hours ago | parent | prev | next [-] |
| This is exactly what GDPR does. |
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| ▲ | jmward01 10 hours ago | parent [-] | | Does it apply to the government like it applies to people? Is it enforced against governments like it is enforced against people and corporations? A core issue here is that laws, and the application and enforcement of laws, generally do not. Having said that I applaud the attempt and encourage pushing forward on the anti-surveillance aspects of GDPR while recognizing all laws are flawed. | | |
| ▲ | cromulent 9 hours ago | parent | next [-] | | The telco would be the one collecting it first, I assume. It would be interesting for someone in the EU to request their data from their telco, and if it contains these precise locations, question the usage. | | |
| ▲ | wolvoleo 7 hours ago | parent [-] | | Tescos in the EU are required to track location for emergency call purposes and provide it to the government in such occasions. That means they need the ability to collect it all the time. | | |
| ▲ | subscribed 6 hours ago | parent [-] | | The parent comment specifically mentioned the _collected_ data, not the ability/authorisation to collect it. They're raising the possibility of asking _why_ the data was collected if there was no emergency? Of course if the telco doesn't store the rewuests/responses, there will be no records to show. |
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| ▲ | ozim 8 hours ago | parent | prev | next [-] | | Yeah it applies to government like local municipalities have to adhere to GDPR, they cannot just have your name on the register, they have to have a legal reason. Way you could argue it doesn’t apply to government is that the government makes the law so they can make the law that makes data processing and having your name on some kind of registry required. But still they have to show you the reason and you can escalate to EU bodies to fine your own country if they don’t follow the rules. | |
| ▲ | molszanski 5 hours ago | parent | prev | next [-] | | I guess. In Poland when I go to gov offices I need to sign 25 GDPR clauses | |
| ▲ | kingkawn 10 hours ago | parent | prev [-] | | State actors are inherently only subject to their own oversight |
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| ▲ | jart 8 hours ago | parent | prev [-] |
| Don't cheer that any policy be applied to technology you wouldn't want applied to your own brain. Imagine you get Neuralink and your best friend files for the right to be forgotten. Then poof. All your memories together gone. |
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| ▲ | subscribed 6 hours ago | parent [-] | | This right is applied per entity. If I send it to the company A, company B doesn't execute it unless they're a subsidiary of A (or A is their data controller) and my request was carefully crafted. In the scenario you painted, that would mean that my _former_ friend has issued their request to me. In that case? Fair. Poof if that's their wish. Otherwise? How do you imagine it work? | | |
| ▲ | jart 6 hours ago | parent [-] | | I think I should have the right to remember the things I see. |
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