2013-06-10

How Data-Mining Surveillance Works Under Obama

From Huffington:
[E]ven if one of these [FISC] judges issued a controversial ruling the decision can be appealed right?

Technically, yes. But who's going to appeal it?

Let me give you an example. Let's say a police officer wants to strip search you. You've done nothing wrong, but the police officer disagrees and says he needs to strip you to prove it. Under the criminal justice system, you get to bring that argument to a judge, who will issue a ruling only after listening to the government's reasons for wanting to strip search you and your reasons for why they shouldn't be allowed to do that. In the event that the judge rules against you and finds that the police officer has probable cause to search you, not only do you have a right to appeal that judge's decision all the way to the Supreme Court, you are welcome to talk to as many reporters, friends, relatives and elected officials as you want to along the way. And, if the public doesn't agree with the police force's policy on strip-searching, they can pressure lawmakers to change the law or -- if in California -- push for a ballot measure.

However, let's say the government wants Verizon to hand over all of your phone records (not just who you call, but who calls you, how long your conversations were and where you were when you had the conversation). You're never going to know about it, much less get a chance to argue against it. The FISC judge who signs off on the government's data collection will only hear the government's argument for why it should be lawfully allowed to collect data on you. If the judge rules against the government, the government can appeal the decision, but if/when the judge agrees with the government there is no other side to appeal the decision. Moreover, the judge's ruling is classified, so even if the ruling is outlandish, it can't be reported or even debated on the Senate floor.

Scary stuff.





No comments:

Post a Comment

Mysterious and anonymous comments as well as those laced with cyanide and ad hominen attacks will be deleted. Thank you for your attention, chumps.