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United States Privacy News Technology

Secret FBI Subpoenas Scoop Up Personal Data From Scores of Companies (nytimes.com) 23

The F.B.I. has used secret subpoenas to obtain personal data from far more companies than previously disclosed, The New York Times reported Friday, citing newly released documents. From the report: The requests, which the F.B.I. says are critical to its counterterrorism efforts, have raised privacy concerns for years but have been associated mainly with tech companies. Now, records show how far beyond Silicon Valley the practice extends -- encompassing scores of banks, credit agencies, cellphone carriers and even universities. The demands can scoop up a variety of information, including usernames, locations, IP addresses and records of purchases. They don't require a judge's approval and usually come with a gag order, leaving them shrouded in secrecy. Fewer than 20 entities, most of them tech companies, have ever revealed that they've received the subpoenas, known as national security letters.

The documents, obtained by the Electronic Frontier Foundation through a Freedom of Information Act lawsuit and shared with The New York Times, shed light on the scope of the demands -- more than 120 companies and other entities were included in the filing -- and raise questions about the effectiveness of a 2015 law that was intended to increase transparency around them. "This is a pretty potent authority for the government," said Stephen Vladeck, a law professor at the University of Texas who specializes in national security. "The question is: Do we have a right to know when the government is collecting information on us?"

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Secret FBI Subpoenas Scoop Up Personal Data From Scores of Companies

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  • You know: The guys the NSA guys look down upon so much, they don't even help them out on big criminal cases. (Like serial killer.)

    And also just the cases we got told about.

  • ... but we don't have the power.

    Do we have a right to know when the government is collecting information on us?

    • "A republic, if you can keep it"

      So, we have to take it back. And if you think your kid or your dog puts up a fight when you take its favorite toy from it, well, the State, in all its forms, will not go quietly.

  • by BlueStrat ( 756137 ) on Friday September 20, 2019 @10:32AM (#59216406)

    "Do we have a right to know when the government is collecting information on us?"

    That all depends on if we're still a nation of laws or a nation of rulers who do whatever they want.

    Strat

    • Not really. There are plenty of reasons not to let you know when the government is collecting information on you. For instance during an active investigation into your actions. And that is perfectly fine in a nation of laws, as long as there still is due process and strict oversight. For instance when the police execute a wiretap approved by a judge.

      The iffy part is that apparently these "special" investigations require no warrant...
      • The iffy part is that apparently these "special" investigations require no warrant...

        It may require a payment under the table.

        Data whores are for-profit entities.

      • by PPH ( 736903 ) on Friday September 20, 2019 @11:10AM (#59216564)

        For instance during an active investigation into your actions.

        And that's OK. Particularly since I'm not doing anything wrong. I'm just not thrilled with the fact that suddenly some senator's nephew is underbidding me for all my contracts.

        • That's one of the lesser problems. Worse is political factions using this to spy on enemies, see who donates, see who they talk to, to take advantage of that knowledge.

          To counter this, all access should be logged for review by elected officials later. No holes allowing non-logged access, or what was viewed, and no log alterations allowed either.

          Build that, and a terrorist-only rule, and then we can talk.

      • "That all depends on if we're still a nation of laws or a nation of rulers who do whatever they want."

        "The iffy part is that apparently these "special" investigations require no warrant...

        Nothing 'iffy' about it ... warrantless searches are the hallmark of autocratic rulers. Allowing them basically says "Democracy does not apply here."

    • The real question is, when did we decide it was the government in charge and not the people?

      They should need special permission to collect information on me, not the other way around. You know, like warrants.

    • When the law is wicked, rule of law is less than worthless.

  • If your data is on your own servers, then the NSL would have to come to you and you'd at least be aware of it.

    If your data is in the cloud, then the NSL would go to the cloud provider with a gag order and you'd never be the wiser.

  • They have no oversight and universally get out of control and end up harming everybody.

  • It seems to me that:
    - A gag order denies the person on whom it is served: Free speech, recourse to due process in court, and the right to legal council.
    - It also damages the reputation and business potential of, both the person/organization served, and all businesses which store confidential information for others.
    - If the target is prosecuted it denies him due process resources necessary to mount a defence.
    - if the target is not prosecuted it denies him knowledge that his r

    • by Chromal ( 56550 )
      Of course it isn't lawful or just. It's an affront to the dignity of the Constitution and citizens alike. It's Treason.
  • "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." My reasonable expectation not to be deprived of my inalienable, Constitutionally-enshrined, and United Nations assured right to privacy against unreasonable (including warrantl
    • by AHuxley ( 892839 )
      But the tech is moving so fast no US law or right can keep up with tech changes.
      The FBI has joined the NSA in a collect it all.
      Welcome back to the PSP President's Surveillance Program https://en.wikipedia.org/wiki/... [wikipedia.org]
      Back to Stellar Wind" (Stellarwind) https://en.wikipedia.org/wiki/... [wikipedia.org]
      Its like a Foreign Intelligence Surveillance Act (FISA) but for collect it all in a more domestic legal setting :)

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