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Feds Operated Yet Another Secret Metadata Database Until 2013
A story at Ars Technica describes yet another Federal database of logged call details maintained by the Federal government which has now come to light, this one maintained by the Department of Justice rather than the NSA, and explains how it came to be discovered: [A] three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. ... This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013. From elsewhere in the article:
"It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," [said ACLU lawyer Patrick Toomey]. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
At this rate we'll need a metadata database metadatabase.
How can I believe you when you tell me what I don't want to hear?
I think most of us would agree this has gotten out of hand. This federal government is completly ignoring the Constitution, and getting more brazen about it each day. As the Court ruled in Marbury vs Madison, "any law repugnant to the Constitution is null and void". Null and void, empty of any validity - because these actions are not within the powers delegated to the government by people, they are without force of law, but are rather unlawful acts by the people commuting them.
Suppose 100 of us or so wanted to start taking action and enlisting others to take action, in an organized way. We would need to start by defining our objective precisely. We'd need a measurable goal, worded such that we could know when that goal had been achieved. It would need to be specific enough that we could all agree to pursue that goal and we'd know we were acting with unity. Unlike the Occupy movement and others, we could stand together with a clear message and a clear goal, knowing where exactly we wished to go would guide our path. Can anyone state in clear, concise and precise language exactly what we'd seek to achieve?
Who has answers? Obviously we do need better ways to catch and confine criminals and we also need better ways to tune these people up and make them normal members of society. Punishment simply does not work. On the other hand we have a government with a very long history of wrong doing when we give them any legal powers at all. The FBI has a perverse history. The CIA has gone nuts at times and the NSA seems to have no bounderies. And on top of that local cops are often operating outside the law with the backing of local governments. And it is not that local cops are just after people of minority races. There is some poorly defined Ozzie and Harriet factor that causes cops to want to control anyone that is unlike Ozzie and Harriet in their life style. As a matter of fact a cop's entire world is controlling other peoples' behaviours. It gets to the point where cops can't turn it off. they go off duty and still think they exist to set the behaviour of everyone around them. It is the order part of law and order that is the issue. The cops look for usual and common behaviours whereas different cultures have entirely different modes of behaviour. There was a ghetto near where I worked and it was quite common to see black kids out on their tiny bicycles at three or four AM. I live in a hot climate and the kids simply could not play outdoors during the day. Many of their homes also had no air conditioning or had problems with enough money to pay electric bills. The effect was that almost year round the kids were on their bikes and doing whatever they could to not be bored silly. Some were very dangerous while others were simply poor kids playing. Obviously it is illegal to have kids roaming about in the wee hours when they are as young as eight years and very much at risk in ghetto areas. How can cops deal with this sort of thing?
You might actually want to be careful about characterizing European privacy law: while some of the traditional tax shelters may still be almost as quiet about banking details as Nevada is about incorporation, but broader protections of privacy can be rather patchy(It's generally not a good sign if a given country has people appealing to ECHR Article 8 for lack of more robust national laws).
The trouble with the US is not so much that our privacy laws are lousy (with respect to the government, with respect to private third parties Europe is merely toothless, while we practically take it as a point of national pride to ensure that the data brokers can do business unhindered by stifling regulation); but that we are really, really good at violating them; and have built up an impressive infrastructure for doing so.
Given the amount of cooperation from our various overseas friends revealed by the NSA leaks, I'd be a trifle nervous about assuming that a given European jurisdiction is necessarily more likely to be obeying its own laws, let alone providing a higher level of protection. (And I'm guessing that the past week or two are...unlikely...to be particularly helpful in encouraging privacy improvements.)