The Executive Order That Redefines Data Collection

sandbagger writes: " ...it is often the case that one can be led astray by relying on the generic or commonly understood definition of a particular word." That quote apparently applies to words offering constitutional protections against unreasonable search and seizure. TechDirt looks at the redefinition of the term "collection" as redefined by Executive Order 12333 to allow basically every information dragnet, provided no-one looks at it. "Collection" is now defined as "collection plus action." According to this document, it still isn't collected, even if it has been gathered, packaged and sent to a "supervisory authority." No collection happens until examination. It's Schrodinger's data, neither collected nor uncollected until the "box" has been opened. This leads to the question of aging off collected data/communications: if certain (non) collections haven't been examined at the end of the 5-year storage limit, are they allowed to be retained simply because they haven't officially been collected yet? Does the timer start when the "box" is opened or when the "box" is filled?

Comments

No collection happens until examination

[popo]

So if I download lots of copyrighted music and films, but never listen to them -- then I'm apparently okay right?

collection = collection plus action

[Black Parrot]

The recursive expansion will keep it tied up in court forever.

Why do we bother with this shit?

[fustakrakich]

The voters don't give a damn. The TV still works, what's the big deal?

Where is American Capitalism?

[Roger W Moore]

I really feel for the poor Americans.

So do I, they seem to have completely forgotten their old drive for capitalism. Here they are storing everyone's personal phone calls, electronic documents, photos etc. and nobody in the US government has thought of marketing this as the ultimate solution to everyone's backup problem.

Do Not Go Gentle, Rage!

[Bob9113]

the term "collection" as redefined by Executive Order 12333 to allow basically every information dragnet, provided no-one looks at it. "Collection" is now defined as "collection plus action." ... This leads to the question of aging off collected data/communications:

No it does not. Do not go gentle into that good night. There is no reason whatsoever for us to accept the giant leap into unconstitutional territory and debate the fine points left to us, settling for scraps of liberty from dictators who have derived no just power from the consent of the governed. Rage against this machine until you die or it does.