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'Fourth Amendment Is Not For Sale Act' Would Ban Clearview and Warrantless Location Data Purchases (vice.com) 83

A sweeping proposed piece of legislation with support from both Democrats and Republicans will ban law enforcement agencies from buying data from controversial firm Clearview AI, as well as force agencies to obtain a warrant before sourcing location data from brokers. From a report: The news presents significant action against two of the main avenues of law enforcement surveillance uncovered in recent years: the widespread proliferation of facial recognition technology using images scraped from social media, and the warrantless supply chain of location data from ordinary smartphone apps, through middlemen, and eventually to agencies. "The Fourth Amendment Is Not For Sale Act is, in my view, a critically important bill that will prevent agencies from circumventing core constitutional protections by purchasing access to data they would otherwise need a warrant to obtain," Kate Ruane, senior legislative counsel at the American Civil Liberties Union (ACLU), told Motherboard in a phone call. The ACLU and a host of civil, digital, and race activism groups have endorsed the bill, according to the office of Senator Ron Wyden, which has spearheaded the legislation. "I think it is a clear and good step for Congress to take, and I hope that the bill moves forward quickly,' Ruane added.
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'Fourth Amendment Is Not For Sale Act' Would Ban Clearview and Warrantless Location Data Purchases

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  • Not a chance (Score:5, Insightful)

    by ugen ( 93902 ) on Wednesday April 21, 2021 @12:15PM (#61297532)

    This bill is DOA. It antagonizes both every single law enforcement agency in the US and all the companies large and small that sell them this data at a tidy profit. Not going to happen (and, though I am not a betting man, I'd bet quite a bit on that).

    Alternatively, the bill will pass in a form sufficiently watered down to make its authors look good while not, actually, impeding any data purchases.

    • by e3m4n ( 947977 )
      I hope you are wrong, but fear you are not.
      • Don't worry. The biggest enemy of the American people is their self-opposing mindset that they argue for every day to make sure it is a self-fulfilling prophecy..

        Things like this start in people's minds.
        And the thugs managed to train America's minds so well, they... well, this clip (the first bit) fits perfectly:

        https://m.youtube.com/watch?v=... [youtube.com]

        • Ah, goddammit! This version of the clip lacks exactly the sentence I was posting this for!

          "If you try to destroy him, to save them... They'll destroy you, to save him... Ahh, it's beautiful man... You have to admire the opponent's elegance... Check."

    • by rsilvergun ( 571051 ) on Wednesday April 21, 2021 @12:53PM (#61297686)
      the kind of politician who won't support a bill like this. Specifically the "Tough On Crime" kind.

      You might have to give up some other issues though. It's a question of priorities. Oh, and voting in your primary elections so you're not choosing between a giant douche and a turd sandwich.
    • Re:Not a chance (Score:5, Interesting)

      by Rick Schumann ( 4662797 ) on Wednesday April 21, 2021 @01:04PM (#61297736) Journal

      It antagonizes both every single law enforcement agency in the US..

      Good, I say. They need some antagonizing done to them.

      Let me tell you all a little story.
      Where I live there's two rivers and 32 miles of paved parkway trail that follows one of the rivers, connecting regional parks.
      Lots of wildlife along there. Most prevalent are wild turkeys. Lots of turkeys.
      When there were many fewer turkeys, they were more shy, more apt to get out of the way of humans.
      Last few years the turkey population has exploded. They're everywhere now -- and they're getting a sense of entitlement. They don't get out of the way, they just stand there in their numbers and stare at you. They're even on the public streets now, in peoples' yards. They'll stand in the middle of the street, the males' tailfans displayed, and just stare at you. You have to actively, physically go shoo them out of the way, and they talk back to you the whole time as if saying "Hey human, what's your problem? This is OUR place now, what do you think you're doing?", too comfortable with humans and too many of them to take us seriously like they used to; they don't know their place anymore.

      It seems to me that police in this country have become like the turkeys. They've gotten too comfortable, they have too much power, they like the power they have and want more, and most importantly they apparently have forgotten what "To Protect and Serve" is supposed to mean.
      It's not a new phenomenon, from what I've seen, there's historical precedent for police getting too powerful and going from serving the public to being thugs with badges and guns, pushing around the people they're supposed to protect. They go from being 'The Police' to being 'The Secret Police', if you take my meaning.

      So again I say 'Good!'. Let them be 'antagonized' all they want over this, I think it, and more, needs to go through, law enforcement in general needs serious reform across the board. These turkeys need to be put back into their proper place in our society, be reminded that 'To Protect and Serve' is their mandate.

      • Feral cats might help solve the turkey problem. I'm not sure what the analog is to the solution for this analogy, but I suppose we could just get some larger feral cats.
        • by Falos ( 2905315 )

          Okay but what do we do when we're overrun with feral cats

        • Turkey vs feral house cat is not a difficult fight for a turkey.

          They fight off feral dogs.

          Even a wild bobcat has to sneak up on them. Once they see the bobcat, the bobcat just leaves.

          It takes a cougar-sized cat to attack a turkey from the front, and cougar still don't want to take that much risk to their eyes unless they're starving.

          • If you are going to bring facts to this discussion then I can't argue with you. :)

          • I agree with the sentiment about cats. A turkey would mess a cat up.

            However, there's quite a few wild turkeys in the area of my stepmother's property (NW Arkansas)
            And my dad's dogs have exploded a couple of them.

            I use the word "exploded", because that's what it looks like when you find the spot where it happened.
            Decreasing density of feathers expanding radially from ground zero.
      • It seems to me that police in this country have become like the turkeys. They've gotten too comfortable, they have too much power, they like the power they have and want more

        In the case of the Law Enforcement types, it's not so much that they like the power as that "the kind of people who become LEO's do so because of the power"....

        Unfortunately, the kind of people we want for LEO's are exactly the kind that want nothing to do with law enforcement....

        • I totally agree with you actually, which is why I think sweeping reforms of law enforcement in this country needs to include weeding out the power-seeking types, perhaps with (better?) psychological testing to determine who has these sorts of personalities, and excluding them from law enforcement service.
    • I could see the bill passing, but it's not even going to touch the *extremely* large "follow your spouse to see if they are cheating" market.

    • It antagonizes both every single law enforcement agency in the US and all the companies large and small that sell them this data at a tidy profit.

      Law enforcement budgets are nowhere near as large as what you think they are. The FBI's entire budget is under $10B for an agency with 30 some thousand employees and probably easily 5k contractors. ICE's investigative arm, HSI, which is the second largest federal agency in terms of sworn officers (slightly over half the size of the FBI), has a published budget of

    • Is it a violation of the fourth amendment for a police officer to ask your neighbor, when and where did you the neighbor see you last. If not, then this is a non issue. There are some neighbors with excellent memories and watch everything. Others don't pay much attention to anyone. Your internet traffic at least partially belongs to the web sites you visit, so the issue is even less cut and dried
    • It antagonizes both every single law enforcement agency in the US...

      Oh, so they would have to go back to using the investigative tools and skills of 10 years ago before all this shit was widely available? Or just get a judge to sign a court order first, much like when they want to perform telephonic or GPS tracker surveillance.

      I don't see it as a huge problem if they aren't conducting a fishing expedition which would otherwise be illegal.

  • by saloomy ( 2817221 ) on Wednesday April 21, 2021 @12:15PM (#61297534)
    How about a law that data on you can not be compiled or shared between parties unless you consent, positively, defaults to not consented, and can not be mandatory for service (unless thatâ(TM)s the companys primary function)?
  • Make it illegal to compile the data in the first place.
    • "federal agencies like ICE and CBP still seem to think they donâ(TM)t need legal process to access location data on millions of people in the United States as long as they can buy it on the open market."
      My jaw dropped when I read that. So the cops 12 year old can buy it not the cop? My faith drops in US government daily.

  • Law is a good idea, but shouldn't this be just the common reading of the 4A?

    I'm too lazy to look it up, but has anyone ever challenged a conviction in which the police used purchased location data up through the appeals court process?
    Is it just that through all the EULA and contract processes we have somehow consented to the data sales?

    • Of course not. This is just a large-scale and high-tech version of asking your neighbors what they've seen you doing.
      Your activities in public are not covered by the Fourth Amendment, so if we want this kind of legal protection, it requires new law.

  • by Pollux ( 102520 ) <speter AT tedata DOT net DOT eg> on Wednesday April 21, 2021 @12:34PM (#61297606) Journal

    From the article...The bill bans agencies from purchasing data that has been obtained illicitly or through terms of services violations. Clearview's database of images is constructed by the company scraping social media sites. Google, Twitter, and Facebook have all sent cease-and-desist letters to Clearview.

    So, the bill stops government agencies from buying this data. Well, not a bad start. -But-, the bill doesn't make illegal the collection of data or the selling of it to other private brokers. Since it doesn't do that, it's only a matter of time before the FBI figures out a loophole.

    • by Anonymous Coward

      Ban mass surveillance databases.

      Just blanketly do this. Then you have to address databases aggregated in situ out of individually "justified" (for trivially overbroad reasons) warrants

    • by Puls4r ( 724907 )
      So correct. There's already the obvious. Create a private company that specializes in searching that data so that the FBI or other law enforcement just has to ask "was this person here XXX" etc, and the private company provides the answer.
  • by theshowmecanuck ( 703852 ) on Wednesday April 21, 2021 @12:39PM (#61297626) Journal
    This applies to selling to foreign govenerments and businesses, and providing to law enforcement agencies from ANY data broker that collects your images and personal information. From the Washington Post (come on, use some actual news sources not news magazines).

    A sweeping proposal by Sen. Ron Wyden (D-Ore.) would ban the sale of Americans’ personal data to “unfriendly” foreign companies and governments, expanding protections for the vast stores of sensitive information that detail every corner of modern life.

    The draft bill, which Wyden began circulating to lawmakers for discussion Thursday, would join a set of federal privacy proposals that would also restrict the sale of Americans’ personal information to U.S. companies, intelligence agencies and the police.

    The move could disrupt the multibillion-dollar data-broker economy that seeks to monetize the digital footprints Americans leave behind every day — cellphone locations, browsing histories and credit card purchases that are gathered, bundled and sold for marketing and intelligence purposes without government regulation or oversight and without most people being aware of what information is being shared.

    https://www.washingtonpost.com... [washingtonpost.com]

  • I support restrictions on LEAs ability to collect untargeted data by any means yet supporting this formulation specifically has a number of problems.

    Carve outs for specific modalities reduces pressures against wider problem of warrantless surveillance and accomplishes very little in the end. They will just pursuit the same thing using a different means.

    It also reduces pressure against "big data" cyber stalking firms continuous mass stalking of entire populations.

    Further I don't agree with artificially li

    • by Mattcelt ( 454751 ) on Wednesday April 21, 2021 @01:33PM (#61297840)

      They should not have any less access to the commons as anyone else.

      If they had no more power than anyone else will access to the commons, this would be true.

      But the Fourth Amendment exists precisely because they have more power, and thus a greatly increased potential for abuse. Allowing the LEAs an end-run around the 4th Amendment simply because they have the money to pay for access is no different than watering down the 4th itself.

      The potential for increased abuse is dangerous and the only effective remedy is to limit their access to materials that could be used for abuse.

      • They're paying for it with our money, which is even worse.

      • The potential for increased abuse is dangerous and the only effective remedy is to limit their access to materials that could be used for abuse.

        This is accomplished with a warrant requirement, right? A half hour delay in some jurisdictions ... others, less than that.

        Judges cover their asses, and nobody wants to be the one who declines a warrant only for something to happen.

        So they don’t decline them. It’s risk-free to issue them.

        • If you require the need for a warrant, then you have to be actually pushing real police work or at least real enough that you are gonna put the effort into getting the warrant. I get that the officer goes bass fishing every Saturday with the judge so the answer is yes to any warrant but do you want a paper trail or are you also saying that the warrant isn't being recorded?

          So yeah, make them get a warrant just for the paper trail. It's better then no warrant.

      • If they had no more power than anyone else will access to the commons, this would be true.

        But the Fourth Amendment exists precisely because they have more power, and thus a greatly increased potential for abuse. Allowing the LEAs an end-run around the 4th Amendment simply because they have the money to pay for access is no different than watering down the 4th itself.

        This selectively neglects portions of my commentary and ignores the fact 4th amendment applies to private property not what is commercially available for sale whether you agree with what is available or not.

        Here is what I also said:

        "I support restrictions on LEAs ability to collect untargeted data by any means yet supporting this formulation specifically has a number of problems."

        This means I support restrictions on all untargeted warrant free collection regardless of modality. This is MORE restrictive not

  • Them from doing so in house. I did not see that prevented.
  • Don't want you name in the phone directory, call them and tell them not to list you.
    then their looked at it and said "why are you giving away information".
    You can sell them a "no list" for $4 per month.

    Now the nightmare was sent upon us.

    look up "cole directory"

    for $1200 a year you get everything.
    Address
    Names
    Age Group
    Politic affiliation
    Household income
    Race and Religion
    EVERYTHING ! !

    Time to stop this train wreck of grabbing "personal information".
  • Do you people have any idea how hard it is for law enforcement to get a warrant?

    I mean, the cops have to file a form, 98% of which are accepted, with the other 2% accepted after minor administrative technicalities are corrected.

    Even though they are trivial to procure, “Warrant” satisfies the masses.

    Another victory for freedom!

  • by Larry_Dillon ( 20347 ) <dillon.larry@nOspAm.gmail.com> on Wednesday April 21, 2021 @06:05PM (#61298770) Homepage

    If it gets collected, it will get sold to someone. We need systems that don't technologically allow collecting and a legal ban on collecting.

  • No way a bipartisan bill is good for US Citizens...
  • There are a few other small issues like...
    * ) "Parallel construction" or illegally obtained evidence by "random searches"
    * ) Secret FICA courts
    * ) Secret lists (no-fly, etc)
    * ) The great tendency to break civilian private communications (encryption back-doors)
    * ) Asset forfeiture that prevents defendants to pay for their defense

    those are the things that immediate come to mind. I am pretty sure there are other programs that erode 4th and 6th amendment protections and the bill of rights.

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