Feds Warrantlessly Tracking Americans' Real Time Credit Card Activity 299
PatPending writes "A 10-page Powerpoint presentation (PDF) that security and privacy analyst Christopher Soghoian recently obtained through a Freedom of Information Act Request to the Department of Justice reveals that law enforcement agencies routinely seek and obtain real-time surveillance of credit card transactions. The government's guidelines reveal that this surveillance often occurs with a simple subpoena, thus sidestepping any Fourth Amendment protections."
Duh!! We don't own the data (Score:3, Informative)
Re:How does this violate the 4th? (Score:4, Informative)
A subpoena is not a warrant. The 4th amendment requires warrants issued with probable cause.
A records subpoena is a court order. (Score:5, Informative)
Business records are not your personal "papers and effects", so they don't really live under the 4th amendment, but even if they did they're covered because subpoenas of records are issued by the court; they're merely requested by the prosecutor. This is a non-issue.
Re:Anyone is a potential terrorist, get used to it (Score:5, Informative)
You can have privacy, it's just getting a lot more expensive to do so.
Here are some steps for you.
1 - cash only. Yes kiddies, saving for and buying your item.
2 - Used only. This one works really well. Buying used from a private party leaves no paper trail.
3 - when presed for information give randomized false information. Giving the same false info builds a profile. Use incredibly common names, large apartment complexes as address, etc..
4 - Dress to blend in. Honestly, you need to be forgettable and blend in. You cant have a 4 foot tall bright red mohawk and expect privacy.
5 - Keep your mouth shut. Loose lips sink ships and give away your information.
6 - reassess and reevaluate your practices regularly. Keeps you from getting sloppy.
Is it easy? not a chance, it sucks. But it also works if you want to be "invisible". And that is exactly what you need to do. Live as if you are on the run and need to hide.
That said, I know people that live that way, but most of them are nutty.
Re:I write my own, thank you (Score:5, Informative)
It always was. A subpoena is a demand for a witness to appear or for the delivery of records. If it's for a witness the court doesn't get involved before the subpoena is served. If it's for records from someone who isn't a party to the case the court issues the subpoena.
You are protected by the 4th amendment. Information other people have about you, who aren't your lawyer or your immedate family, is not.
Re:How does this violate the 4th? (Score:4, Informative)
That seems like a dangerous loophole since almost any information would fall under that. It seems like we are saying the data isn't protected, it is the records themselves.
If I go to your store and buy something from you, you're going to keep track of that transaction. You'll note down that you sold some item for some amount of money. This is your data, not mine. You use it to keep track of your inventory and balance your books and whatever else.
If you get subpoenaed for all your records pertaining to a certain date, my privacy isn't being violated. Even if I bought something on that date. They're your records, not mine. You may have recorded some data about me... But that's still your data. Not mine.
This is the same thing, only larger.
These aren't your records, they belong to the banks and credit card companies and whoever else. They keep these records to make sure that everybody gets paid/charged the right amount.
You buy something at a store with a credit card - that credit card company needs to keep track of it. Not for your sake, but for theirs. They need to know that $X was paid to this store, in your name, and you now need to pay back $Y on your next bill. This information is necessary for the credit card company to stay in business. If they don't track it, they don't know where their money is going, or who owes them money.
It is data about your actions... But it isn't your data. It belongs to the credit card company. They're the ones generating it and maintaining it for their own purposes. And when you use their credit card you agree to let them generate and use this data, because the credit card wouldn't function without it.