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DNI Office Asks Why People Trust Facebook More Than the Government

Daniel_Stuckey writes "General Counsel of the Office of the Director of National Intelligence Robert S. Litt explained that our expectation of privacy isn't legally recognized by the Supreme Court once we've offered it to a third party. Thus, sifting through third party data doesn't qualify 'on a constitutional level' as invasive to our personal privacy. This he brought to an interesting point about volunteered personal data, and social media habits. Our willingness to give our information to companies and social networking websites is baffling to the ODNI. 'Why is it that people are willing to expose large quantities of information to private parties but don't want the Government to have the same information?,' he asked."

30 of 273 comments (clear)

  1. Executive Power by Anonymous Coward · · Score: 4, Insightful

    Seriously? Gee, I don't know... maybe it's because those private parties can't ruin your fucking life like a government can?

    When was the last time Facebook's swat team raided someone's house, taking all posessions and ruining their job/social image?
    How many people are in jail for life because of Google's will?

    Now granted if a company the size of Facebook decided to target an individual, that person would have a very hard time defending due to the large mismatch in resources. But this kind of this doesn't happen often, because it's not really profitable. On the other hand, targetting alleged law-breaking individuals is part of the government's job and is a regular occurence.

    The government is granted a lot of power for the good of society -- power to decide the fate of any citizen or company. In exchange for that power, they are held to a much higher standard and have a responsibility to implement the most stringent safeguards. However inconvenient those safeguards might be, it's the price of maintaining public confidence.

    1. Re:Executive Power by mozumder · · Score: 3, Insightful

      Seriously? Gee, I don't know... maybe it's because those private parties can't ruin your fucking life like a government can?

      Any private party can initiate executive power - just call your local government official.

      Just because it's from a private party doesn't mean they have no power over you.

      Also, the government is granted power because we DON'T want private parties to have that power.

    2. Re:Executive Power by mark-t · · Score: 3, Insightful

      I suspect that you underestimate a private party's abilities. Maybe the former can't ruin your life the exact same way the latter can, that doesn't mean that they can't still ruin your life.

    3. Re:Executive Power by Lawrence_Bird · · Score: 3, Interesting

      And in the age of the "privacy" policy, users have at least a basic idea of what comes of their data shared with a company.

      Further, information like call "meta" data is something I may agree to because there is no other way to use the product, ie, the phone company needs that info to bill me accurately. Were there any other way around this I would of course not allow them to collect that information. So to call it sharing is really a reach.

    4. Re:Executive Power by Coolhand2120 · · Score: 5, Interesting

      I would add that people give their information voluntarily to these third parties, while the government takes it using the threat of violence. People give their information to third parties because the third party offers a service for storing and distributing their information to select friends and acquaintances. The government takes and distributes information to an untold number of alphabet soup agencies for some abstract, unproven and unconstitutional notion of security.

      Furthermore, the very definition of sharing information at all requires that you do it with a third party. So does the ODNI suggest that the government be privy to communication between me and my doctor? Lawyer? Wife?! That we're even at the point that government officials are asking these questions is proof that the government has grown too big and powerful for the good of the people.

      “When the people fear the government there is tyranny, when the government fears the people there is liberty.” -Thomas Jefferson

      "If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -James Madison

      Malo periculosam libertatem quam quietum servitium.

    5. Re:Executive Power by Anonymous Coward · · Score: 4, Insightful

      I suspect that you underestimate a private party's abilities. Maybe the former can't ruin your life the exact same way the latter can, that doesn't mean that they can't still ruin your life.

      The point is that it isn't in Facebook's financial interest to ruin the lives of its users. If every time a Facebook user posted something incriminating, someone at Facebook filed a police report, people would rapidly stop using Facebook.

      If you're a DoJ bureaucrat, it's in your financial interest to ruin as many lives as possible. The more criminals there are, the bigger a budget you need to track, arrest, try, and imprison them all.

    6. Re:Executive Power by arisvega · · Score: 3, Interesting

      Seriously? Gee, I don't know... maybe it's because those private parties can't ruin your fucking life like a government can?

      I do not think that it is just that. Some years back when Facebook started, one could have an account by providing a VALID ACADEMIC email address ONLY- that, implied that one had to do with a serious social academic tool that allowed to connect with other academics, and not yet another place to post pictures of cats and sandwiches. So many people bited and just gave away their personal information. Of course, Facebook turned a couple of years later, showing its real face and bringing chat to the masses, and it was only then that people started not giving away their real names.

      When was the last time Facebook's swat team raided someone's house, taking all posessions and ruining their job/social image?

      Indirectly, all the time: do you seriously think that there is no backdoor for the authorities in Facebook?

      --
      The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
    7. Re:Executive Power by number6x · · Score: 4, Interesting

      Just scroll down a few slashdot stories to see some examples of government abuse of power and ways it over-reacts with police force against private citizens. Heck, My home state now has a moritorium on the death penalty because we kept sending innocent people to death row.

      If the people of the State of Illinois killed innocent people, does that make them all murderers?

    8. Re:Executive Power by readin · · Score: 5, Insightful

      Also, the government is granted power because we DON'T want private parties to have that power.

      Exactly. We want a clean distinction between those who are allowed to use force to ruin our lives, and those who are granted other abilities. The government by definition has a monopoly on the legitimate use of violence for purposes other than self-defence. Having been given that, we should be very wary every time we consider giving them any additional power.

      When we let the government start interfering in those parts of our lives that have previously been dealt with through private means, we are doing exactly what you warn against - we're mixing private and government power.

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
  2. Easy answer by Brett+Buck · · Score: 4, Informative

    Because Facebook can't come after you will full force of arms, put you in jail, and otherwise make your life miserable or unlivable by misusing your information.

    1. Re:Easy answer by Trepidity · · Score: 3, Insightful

      If they wanted to, they could certainly do the 2nd part. They can't legally blackmail you, but there are plenty of legal things they could do to make your life miserable. For example, they could start websites to name-and-shame people who hold particular unpopular views. As long as they accurately identified the views, that wouldn't be libelous.

  3. It's opt in? by DeadDecoy · · Score: 3, Insightful

    It's opt in and facebook doesn't have the authority to send a swat team to my door? Sure the government can read facebook posts and then send the swat team, but in that case, I'm explicitly putting information out in the open. With a telephone call or email, I have an implicit assumption (a big one nowadays), of privacy.

    1. Re:It's opt in? by spire3661 · · Score: 4, Insightful

      Even if you are explicitly putting data out in the open, the government shouldn't be slurping it up. They should have reason to cast their gaze.

      --
      Good-bye
  4. Neither by aaaaaaargh! · · Score: 5, Insightful

    Have canceled my FB account a long time ago, but still caon't opt out of the government.

    1. Re:Neither by Teckla · · Score: 4, Insightful

      Have canceled my FB account a long time ago, but still caon't opt out of the government.

      I find this attitude short-sighted and sad. You can influence your government. It's hard work -- you have to get involved, and stay involved -- but the government is ultimately beholden to the will of the people. If you don't like it, work to change it.

      Or just throw up your hands in defeat like most people, but then you don't really have any right to complain about the results.

      Kudos for dropping Facebook, though. Given their history of constant "oops, did I invade your privacy again? oops, did I quietly add another opt-out feature? oops, is my misleading UI making you choose the wrong things again?", nobody should use or trust Facebook.

    2. Re:Neither by Fuzzums · · Score: 3, Informative

      I find this attitude short-sighted and sad. You can influence your government. It's hard work -- you have to get involved, and stay involved -- but the government is ultimately beholden to the will of the people.

      Awww. Come here and let me hug you. You're too sweet!!!

      We can vote, but governments are run by money and corporations.

      --
      Privacy is terrorism.
  5. Because Facebook can't throw you in jail... by Anonymous Coward · · Score: 3, Insightful

    Or worse. People know Facebook is whoring out your data to sell you (stuff).

    The government is out to arrest you, or send a drone down your ass when you're out of the country. There is no good reason for the government to be snooping on you other than to make you out to be a criminal.

  6. It's about who's in control of what's shared. by Anonymous Coward · · Score: 4, Informative

    When I share something on facebook, it's voluntary.

    When you snoop on me confiding something privately to a close friend or family member, it's not voluntary.

    Why would that be hard to understand?

  7. More than ability to tax, is the lack of sharing. by IndianaJonesSidekick · · Score: 5, Interesting

    I was going to start by talking about the fact that social media can't come after you with guns and exact taxes. Previous commenters covered that well. But government doesn't share the info they collect. They sit on it. At least with Facebook, when I share information with friends, there is a good expectation of reciprocity. With government, it is almost all one way. If government made it clear WHAT information they had on me, and gave me an opportunity to annotate their observations, and if they made decisions affecting me with MY INPUT beyond and above the secret info they collect, I'd have no problem with the information they already collect. I mean, we can't stop them. At every period in history, government has collected as much information as they can. What is important is transparency and accountability. The glass ceiling isn't just for women and racial minorities. If we're going to live in a feudal society, we should at least be honest about it. I hate the pretty illusions and lies.

  8. FB doesn't tax by Kohath · · Score: 3, Insightful

    Facebook doesn't take money from my paycheck. And if I want to stop using Facebook, I just stop.

  9. prison by O('_')O_Bush · · Score: 3, Informative

    Because the U.S. government imprisons more of its population than any country on earth. For laws most people have no idea that they are breaking, since there are so many, and so complicated (we are not lawyers). Not to mention the police murders and raids for nonviolent offenses.

    --
    while(1) attack(People.Sandy);
  10. Sorry I never opted in by LurkerXXX · · Score: 4, Insightful

    I never consented to giving any of my personal data to Facebook. I've never joined. Why is the government using that as an excuse to invade my privacy?

  11. Volume of data collected by joe_frisch · · Score: 4, Insightful

    People have already posted about the government's power to do harm. Another issue is that the government is able to collect from all sources. Many people (including myself) post limited information associated with each online activity and also have a set of information that is never (intentionally) posted online. This prevents any company from forming a complete and possibly dangerous profile. The government has the ability to combine all of these sets of data and the budget to use very sophisticated data mining. This places people at risk of statistically matching some sort of undesirable (child molester, terrorist, etc) even though they themselves are innocent.

    The data is also a very dangerous weapon if the government were to become more authoritarian. We've already seen a number of our constitutional rights weakened in the last decade or two - it is not beyond imagination the they will be weakened much further. If we at some point have a politically unified government there is the concern that it might use this data against political opponents.

    If the government firewalled its own data, it would not be so bad. I don't mind the DOD having attack aircraft and tanks, but I would not give my local police department this technology. In the same way, if a federal organization who's only mission were to protect against external threats had full access to data I would not be very concerned, but under the current rules this data is share with local law enforcement.

  12. Probably because Facebook doesn't deploy guns? by diamondmagic · · Score: 3, Interesting

    There's a knock one day at your door. There's a man at the door, he says "You must give me your money, you don't have a choice in the matter, but don't worry, I'm going to give it away in your name."

    You wouldn't trust a crackpot like that with your property, why should you place trust when that crackpot is the government?

    "...doesn't qualify 'on a constitutional level' as invasive to our personal privacy."

    Besides being completely wrong, it shows how little the government thinks of property rights. The information belongs to your phone providers/Facebook/etc, it's their hard drives, you need a narrowly-scoped warrant to compel them to hand over that information, end of discussion.

    But even suppose there were no property rights in this context. Could a regular person, or even a well funded company like Facebook, possibly get away with demanding personal records from other companies? No? Then it's not really public information, is it?

  13. Why? A few reasons: by Ihlosi · · Score: 3, Informative
    1. You can stay away from facebook.

    2. You can sue facebook without fear of being turned down due to "national security".

  14. Better question... by msauve · · Score: 5, Informative

    "Litt explained that our expectation of privacy isn't legally recognized by the Supreme Court once we've offered it to a third party. "

    Why does Litt flat out lie? Smith v Maryland, which this claim is based on, does NOT say that. The ruling was based on an expectation of privacy assumed when one voluntarily gives information to a third party. It does not address an expectation of privacy explicitly and contractually promised (e.g. a "privacy policy"), nor does it cover information not offered voluntarily (e.g. incoming caller ID, location information, etc.).

    Even more significantly, ignoring the legalities, spying on your citizens is simply the wrong thing to do. Litt, and other defenders of these surveillance programs are confusing ethics and law. The US Government seems not to care what the local laws are when criticizing rights violations in other countries, but use the law to defend rights violations at home.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  15. it's published data. by gl4ss · · Score: 3, Informative

    Really? Huh. Strangely, I was going to guess the easier answer was "OMG I CAN GET VIRTUAL SHINIES FOR MY FAKE FARM OMG OMG". Oh, well. I guess I'm just underestimating Facebook users, and they're all actively making every decision they make on that website specifically to stick it to The Man (for a very restricted, convenient definition of "the man")!

    is the data given away for the virtual shinies any good anyhow? in the context of nsa spying it's very different. stuff you share.. I mean PUBLISH on facebook is stuff you CHOOSE TO PUBLISH. I would imagine there would be a pretty big outcry if facebook started selling your private messaging on facebook and if facebook installed sw on your computer to spy all your mailing activities then facebook execs would be facing jail..

    what are they going to do with your cat pictures that you wanted intentionally to publish on teh internets anyways? and with the information that you play a public social game of farming chickens and are publicly showing your support for legalization? if your facebook likes were private then the reason for doing facebook likes goes away. the point of clicking like is to show publicly that you "like" that thing.

    if the government were doing public polls, heck, then they might be also getting information people want to give to them.

    --
    world was created 5 seconds before this post as it is.
  16. Oh it's even worse by NotSoHeavyD3 · · Score: 3, Insightful

    If they raid your house they can just confiscate your stuff and basically claim "Well I'm not finding you guilty but I can find your possessions guilty and therefore I can just take it since property doesn't have rights." (IE They can just claim "This stuff was involved with drugs therefore it's totally legal for me to take it without due process." (How this shit isn't against the 8th amendment is beyond me. IE The maximum penalty for someone who has not been convicted of anything should be $0.)

    --
    Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
  17. Re:Rhetorical question by b4dc0d3r · · Score: 4, Insightful

    Easy answer is not to respond.

    The question is a false premise. It's not the same people giving info to Facebook but not wanting the government to have it. A small group of privacy advocates are arguing on behalf of those who don't understand what giving information away can do.

    Lots of people have no problem with government - if they want to read my shopping lists, or listen to me talk to my wife or kids about whatever, let them.

    The question is only valid for a small subset of people - and I say first you would have to find them, and then ask them.

    Plus, we are not "giving information to Facebook" - we are giving it to our friends, and the fact that Facebook has to have the data is transparent, and largely not understood. I think that explains it much better.

    The question was poorly formulated because it was supposed to be a rhetorical "gotcha" that made you think - well when you say it like that, the government can have whatever it wants to have. And so many people fell into the trap of considering it a real question that deserves an answer.

  18. Does that still work, though? by Anonymous+Brave+Guy · · Score: 5, Informative

    A government must be limited in its powers at a constitutional level, because you never know who will be running the show in the future. Limits on things they can legally do that no-one else can are necessary, but they need to be beyond the power of the administration of the day to change without further consent or the protections are meaningless.

    For the rest, in theory normal laws should suffice. The government itself should legislate to ensure that, for example, businesses must respect privacy to a reasonable extent, because telling a health insurance company that you've been having lots of discussions with people who have cancer lately could potentially have serious consequences too.

    The catch here is that when politicians and lawyers are involved, the distinction between government and non-government authority and restrictions can get blurred, so I am increasingly of the view that basic rights must be protected at a constitutional level against anyone who might infringe them unjustly.

    None of it matters anyway if your judicial system declines to enforce the law, of course, but at least this removes any ambiguity regarding whether those fundamental rights are legally protected.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.