The Wyden Siren Goes Off Again: We'll Be "Stunned" by NSA Under Section 702 (techdirt.com)
172 points by cf100clunk 3 hours ago
wing-_-nuts an hour ago
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
tomwheeler an hour ago
> 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.
alpple an hour ago
if you're not doing anything wrong, a government that is doing something wrong may not like it
EGreg 11 minutes ago
This, exactly.
And governments are always doing something wrong...
briffle an hour ago
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 25 minutes ago
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 an hour ago
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
briffle 16 minutes ago
quickthrowman an hour ago
> 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.
EGreg 10 minutes ago
Not even future governments. There's also this: https://www.eff.org/deeplinks/2024/10/salt-typhoon-hack-show...
kasey_junk an hour ago
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 19 minutes ago
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 16 minutes ago
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 23 minutes ago
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 29 minutes ago
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.
dylan604 an hour ago
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
tehwebguy an hour ago
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!
simulator5g an hour ago
Secret laws, secret courts... Jeez, man.
Analemma_ 44 minutes ago
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 29 minutes ago
blueone 27 minutes ago
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.
newsclues 23 minutes ago
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.
blueone 17 minutes ago
Yes.
JohnMakin an hour ago
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.
anigbrowl 11 minutes ago
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.
IshKebab a minute ago
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.
contubernio an hour ago
Secrecy is anathema to governance accountable to the governed.
dlev_pika 41 minutes ago
So glad to see my Oregon senator regularly on the money.
snowwrestler 40 minutes ago
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.
alwa 21 minutes ago
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. And I certainly can’t imagine they’d keep getting access to new secrets, one way or the other…
[0] https://en.wikipedia.org/wiki/Gang_of_Eight_(intelligence)
anigbrowl 8 minutes ago
You can say the same thing about secret laws and tyrannical executives.
bram98 10 minutes ago
Whatever we imagine, the NSA seems to top it each time.
electronsoup an hour ago
If it was so important, wouldn't he just filibuster it till he got what he wanted?
recursivecaveat 8 minutes ago
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 5 minutes ago
He needs 40 other Senators to agree with him; 60 votes can close debate and stop a filibuster.
nozzlegear an hour ago
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.
jeffrallen 2 hours ago
Wyden is a national treasure.
Thank you for your service, Ron.
Also: Hello from Roseburg.
davidw an hour ago
I hope we get someone as good as he is when he retires. Waves from Bend.
dlev_pika 40 minutes ago
Wyden is a vote I cast without issue.
He is one of the few that is actually looking into Epstein bank accounts movements.
phendrenad2 an hour ago
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>
losvedir an hour ago
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...
dlev_pika 38 minutes ago
I think he is a reflection of the broader libertarian streak of Oregonians.
Source: am Oregonian.
markus_zhang an hour ago
I wouldn’t be surprised by anything nowadays.
ticulatedspline 2 hours ago
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.
Rooster61 2 hours ago
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 an hour ago
> 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.
lokar 2 hours ago
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
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.
HoldOnAMinute an hour ago
Soma ( social media ) keeps everyone comfortably sedated
bram98 a minute ago
imglorp an hour ago
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
To which TPM backdoors are you referring?
I am aware that similar accusations are leveled against Intel ME and AMD's Platform Security Processor.
TimorousBestie 2 hours ago
> 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.