| ▲ | The Wyden Siren Goes Off Again: We'll Be "Stunned" by NSA Under Section 702(techdirt.com) |
| 194 points by cf100clunk 3 hours ago | 68 comments |
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| ▲ | wing-_-nuts 2 hours ago | parent | next [-] |
| 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 |
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| ▲ | tomwheeler an hour ago | parent | next [-] | | > 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. | |
| ▲ | the_af a minute ago | parent | prev | next [-] | | > 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. | |
| ▲ | alpple 2 hours ago | parent | prev | next [-] | | if you're not doing anything wrong, a government that is doing something wrong may not like it | | | |
| ▲ | briffle 2 hours ago | parent | prev | next [-] | | 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. | | |
| ▲ | cestith an hour ago | parent | next [-] | | My uncle married a woman with the same first and middle name as one of his sisters. My new aunt chose to use her husband’s name as her married name, without hyphenation or anything. His sister, my aunt, never married. One was an RN and the other is an LPN. They were born in different years. Their SSNs were not close. For one of them the name was her maiden name. For the other, a married name. They went to different colleges and had different credentials. They did live in the same town. When my aunt died, all the credit companies and collections companies tried one of two recovery tactics. Some tried to make her brother pay the debts as her surviving spouse. The others tried to assert that the debts were incurred by his wife and that the mismatch of other data in their own databases was evidence of fraud. | |
| ▲ | quesera 2 hours ago | parent | prev [-] | | That's funny as a human, amazing as a developer, and terrifying as a data processor. All at the same time. I'll bet that pair has stories to tell. | | |
| ▲ | Ancapistani an hour ago | parent | next [-] | | I'm a man in my 40s. My eldest daughter is 17. We have the same first name (spelled differently, at least) and have had many cases where medical records have gotten confused. We always double-check dosages for medications before taking them. | |
| ▲ | briffle an hour ago | parent | prev [-] | | They both showed up in person, because that was NOT the first time that had happened. |
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| ▲ | kasey_junk an hour ago | parent | prev | next [-] | | 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. | | |
| ▲ | Zigurd an hour ago | parent | next [-] | | Have you ever sat on a jury in a criminal case? A frighteningly high percentage of people will swallow every lie a cop tells, even when thoroughly discredited in cross-examination. There's no shortage of people to guard the concentration camps. | |
| ▲ | arealaccount an hour ago | parent | prev | next [-] | | Yes all the time and it’s not worth debating them as they are not about to say anything interesting. Usually just make a quip about having curtains then move onto discussing just how moist the turkey is this year | |
| ▲ | wat10000 an hour ago | parent | prev | next [-] | | Constantly. Most people have a hard time dealing with tradeoffs and think in absolutes. It goes along with "if you're not a criminal, you have nothing to fear from police," another disturbingly common sentiment. Some prominent examples: https://www.bbc.com/news/uk-22832263 https://www.instagram.com/reel/DSVJmOajGDe/ https://thestandard.nz/if-you-have-nothing-to-hide-you-have-... | |
| ▲ | fragmede an hour ago | parent | prev [-] | | The mistake would be reading Hacker News and walking away with the conclusion that because people don't post that reasoning here that it doesn't exist (and even then, you do find that does come up here on occasion). People with "nothing to hide" do actually believe that, and while they may not post it to HN for vigorous debate. The easy counterexample from history is the list of Jews kept by the Netherlands which was later used against them after they were conquered by Nazi Germany, but you'd have to interested in history to buy that reason. Some people simply shrug at the "if you don't have anything to hide then you won't mind me filming your bedroom" scenario as you being the creep in the equation. Some people just don't want the trouble and are fine with being surveiled because the powers that be are doing it. |
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| ▲ | CamperBob2 21 minutes ago | parent | prev | next [-] | | 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. | |
| ▲ | quickthrowman an hour ago | parent | prev | next [-] | | > 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. | | |
| ▲ | CamperBob2 18 minutes ago | parent | next [-] | | 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. Unfortunately, your (entirely understandable) position is exactly what will enable such an administration to come to power. What you are doing in 2026 is what you would have done in 1936. | |
| ▲ | EGreg 40 minutes ago | parent | prev [-] | | Not even future governments. There's also this: https://www.eff.org/deeplinks/2024/10/salt-typhoon-hack-show... |
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| ▲ | themafia 16 minutes ago | parent | prev | next [-] | | "If you have money in your pocket you always have something to worry about." | |
| ▲ | dylan604 2 hours ago | parent | prev [-] | | 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 |
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| ▲ | tehwebguy 2 hours ago | parent | prev | next [-] |
| 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! |
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| ▲ | simulator5g an hour ago | parent | next [-] | | Secret laws, secret courts... Jeez, man. | | |
| ▲ | Analemma_ an hour ago | parent [-] | | This is why I'm never giving a penny to OpenAI again, now matter how much damage control Altman tries to do with "look, we reworded the contract to have redlines too!". Yeah, legal redlines that the administration can bypass with their secret memos and secret rubberstamp courts. This isn't even a Trump thing: the Bush DOJ wrote secret memos making torture legal, the Obama DOJ wrote secret memos making it legal to assassinate American citizens. Non-technical redlines which aren't under the vendor's control aren't worth a piss squirt. | | |
| ▲ | Gud an hour ago | parent [-] | | By using ChatGPT, OpenAI are losing money. So if you want them to die faster, use their services. | | |
| ▲ | Analemma_ 14 minutes ago | parent [-] | | Contra the popular memes, I don’t think they’re losing money with every query sent (the money pit is capex on new models and hardware, but I don’t think inference itself is unprofitable), so this wouldn’t actually work. I was already paying for Claude Max before the War Department fiasco, so there’s not much more I can do to hurt OAI apart from complain about it online, although I did persuade several people on various group chats I’m on to switch. |
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| ▲ | stackghost 21 minutes ago | parent | prev [-] | | Probably the actual classified artifact is an NSA policy document that details the NSA's own interpretation of the law and thus forms part of its governance. |
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| ▲ | JohnMakin 2 hours ago | parent | prev | next [-] |
| 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. |
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| ▲ | blueone an hour ago | parent | prev | next [-] |
| 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. |
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| ▲ | newsclues an hour ago | parent [-] | | As someone that worked in an illegal industry (urban pharmaceuticals), you need to appear normal and hide your crimes. If you just hide your crimes, you stick out and become a target. Plausible deniability is harder than just total protection. | | |
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| ▲ | dmix 9 minutes ago | parent | prev | next [-] |
| 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… |
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| ▲ | contubernio 2 hours ago | parent | prev | next [-] |
| Secrecy is anathema to governance accountable to the governed. |
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| ▲ | anigbrowl 41 minutes ago | parent | prev | next [-] |
| 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. |
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| ▲ | dlev_pika an hour ago | parent | prev | next [-] |
| So glad to see my Oregon senator regularly on the money. |
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| ▲ | snowwrestler an hour ago | parent | prev | next [-] |
| 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. |
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| ▲ | alwa an hour ago | parent [-] | | Immunity from prosecution, maybe, but not immunity from consequence. I can’t imagine congressional leadership would think of it as a good look—and isn’t the “need to know” based on the congressperson’s role? For example don’t they brief only congresspeople in specific roles on specific matters, like the so-called “Gang of Eight” on intelligence matters? [0] It feels a little like keeping the filibuster around: maybe technically it’s within their power to change the norm, but once unilaterally spilling secrets becomes The Done Thing, it’s hard to imagine it wouldn’t spin out into a free-for-all. For all the mud that gets slung around, I think congresspeople really don’t get there without some kind of patriotic instinct, some kind of interest in the United States’ ongoing functioning. And I certainly can’t imagine they’d keep getting access to new secrets after pulling something like that, one way or the other… [0] https://en.wikipedia.org/wiki/Gang_of_Eight_(intelligence) | | |
| ▲ | anigbrowl 38 minutes ago | parent | next [-] | | You can say the same thing about secret laws and tyrannical executives. | |
| ▲ | themafia 13 minutes ago | parent | prev [-] | | > congressional leadership would think of it as a good look Why do they have any power? Wyden was elected by his constituency. The "congressional leadership" can go pound sand. To the extent they have any power here it should immediately be completely neutered and then removed. |
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| ▲ | root_axis 22 minutes ago | parent | prev | next [-] |
| It's been my experience that most people already assume full surveillance of everything happening on all devices. |
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| ▲ | kittikitti 4 minutes ago | parent | next [-] | | I think it's going to be more about how many people have access to the surveillance who might use it for needless things or personal reasons, at a large scale. | |
| ▲ | ionwake 19 minutes ago | parent | prev [-] | | You'd be surprised, I know IT managers with 20 years experience who ( probably incorrectly) think otherwise. |
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| ▲ | kittikitti 11 minutes ago | parent | prev | next [-] |
| 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. |
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| ▲ | bram98 40 minutes ago | parent | prev | next [-] |
| Whatever we imagine, the NSA seems to top it each time. |
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| ▲ | jeffrallen 2 hours ago | parent | prev | next [-] |
| Wyden is a national treasure. Thank you for your service, Ron. Also: Hello from Roseburg. |
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| ▲ | davidw 2 hours ago | parent | next [-] | | I hope we get someone as good as he is when he retires. Waves from Bend. | |
| ▲ | dlev_pika an hour ago | parent | prev [-] | | Wyden is a vote I cast without issue. He is one of the few that is actually looking into Epstein bank accounts movements. |
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| ▲ | phendrenad2 2 hours ago | parent | prev | next [-] |
| 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! </sarc> |
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| ▲ | electronsoup 2 hours ago | parent | prev | next [-] |
| If it was so important, wouldn't he just filibuster it till he got what he wanted? |
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| ▲ | nozzlegear an hour ago | parent | next [-] | | It's my understanding that a single senator can't just filibuster anything they want unless the conditions are right. It depends on a few different factors and requires the bill to be brought to the floor for debate, which itself would require cooperation from the majority leader. That's not likely to happen. | |
| ▲ | recursivecaveat 38 minutes ago | parent | prev | next [-] | | If you're solo you have to actually stand up and talk still it seems. (And even then a 60+ person majority can vote to close the debate on you) Nobody has done it solo for more than 24 hours or so. Presumably at that point you're about ready to keel over. | |
| ▲ | kelnos 35 minutes ago | parent | prev [-] | | He needs 40 other Senators to agree with him; 60 votes can close debate and stop a filibuster. |
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| ▲ | losvedir 2 hours ago | parent | prev | next [-] |
| 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... |
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| ▲ | dlev_pika an hour ago | parent [-] | | I think he is a reflection of the broader libertarian streak of Oregonians. Source: am Oregonian. |
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| ▲ | markus_zhang 2 hours ago | parent | prev | next [-] |
| I wouldn’t be surprised by anything nowadays. |
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| ▲ | IshKebab 31 minutes ago | parent | prev | next [-] |
| 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. |
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| ▲ | ticulatedspline 2 hours ago | parent | prev [-] |
| Will we? like doesn't everyone already assume the the NSA has had their hooks in basically everything possible. Like I'm having a hard time concocting a reveal that would be "Stunning" "NSA wiretapped all major phone carriers, recorded every voice conversation and text message of every citizen" Meh, not that stunning. at least not in a "violation of rights" kinda way. Maybe in a "wow they had the technical acumen to even handle all that data" kind of way "NSA has secret database with all medical records", "NSA has logs of every credit card transaction", "NSA can compel anyone anywhere to spy and reveal all data on anyone for any reason" Would any of these reveals actually be "stunning", frankly I've assumed the worst for so long that the response will be more like "wow, that all they're doing?" like opening a diaper on a kid with IBS, you expect it to be so bad when it's a normal turd you're suddenly really happy about shit. |
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| ▲ | Rooster61 2 hours ago | parent | next [-] | | That's not what the quote is referring to directly (the title is a bit misleading): "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" You are correct that the American populace has normalized this already. The fact that this is done without congressional oversight is indeed stunning. Or at least it would have been a decade or two ago. | |
| ▲ | embedding-shape 2 hours ago | parent | prev | next [-] | | > Would any of these reveals actually be "stunning", Everyone knew the NSA spied on everyone, yet Snowden leaks were truly stunning, because no one had evidence of the sheer scale of what the NSA (and collaborators) were engaged in. Wyden Siren was already firing off about that many years beforehand, before we knew the actual truth, so considering his record, I'm also skeptical it'll be "truly shocking" for the average HN tech-nerd, but for the general public, to have evidence of what the government does? Probably will be "stunning", but the one who lives will see. | | |
| ▲ | rockskon 27 minutes ago | parent [-] | | So - given the law allows the NSA to do things given legal constructs, reality be damned, then what new legal construct do you think Wyden is sounding the alarm about? When we un-tether the possibile from tech-specific delineations, you'll find things get more and more alarming. Whatever it is Wyden is sounding the alarm about, you can be certain the sole protection we have - the sole guiding principle and bulwark against abuse - is the agency's culture given the rampant "incidental" collection and the public claims that putting the equivalent of a removable sticky-note over the names of U.S. citizens from their personal data is sufficient to satisfy the 4th Amendment as the NSA searches through our persinal data in bulk. And what is culture if not the people we have to promote the practices? Boy am I glad we have an administration that lets agencies largely lead themselves and doesn't engage in efforts to replace a large part of various agency's workforce - specifically those who care about the agency's culture! |
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| ▲ | lokar 2 hours ago | parent | prev | next [-] | | HN readers won't be surprised, but I don't think that's who he is talking about. Most Americans have this kind of thing tuned out, that have bigger issues in their lives. | |
| ▲ | cucumber3732842 2 hours ago | parent | prev | next [-] | | I wouldn't be surprised by it, but "they're actually using all of the above, laundered through some extra steps, to provide leads to state and local LEO" would probably get people pissed off. | | | |
| ▲ | imglorp 2 hours ago | parent | prev | next [-] | | Don't forget backdooring or interfering with multiple cryptography standards, at least Dual_EC_DRBG and RSA. Or backdooring most major microprocessors (tpm). Etc? | | |
| ▲ | runjake an hour ago | parent [-] | | To which TPM backdoors are you referring? I am aware that similar accusations are leveled against Intel ME and AMD's Platform Security Processor. | | |
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| ▲ | TimorousBestie 2 hours ago | parent | prev [-] | | > Would any of these reveals actually be "stunning", frankly I've assumed the worst for so long that the response will be more like "wow, that all they're doing?" You’re far more cynical than the typical citizen, who Ryder is addressing. |
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