Do Millennials Give A Damn About PRISM?
dish.andrewsullivan.com
dish.andrewsullivan.com
For instance:
"Do you think PRISM is a powerful tool to prevent major terrorist attacks?" 48% yes, 52% no
A powerful tool which has yet to provide leads into a potential threat (rather, traditional means have still been significantly more effective), and which failed spectacularly to even hint at the Boston Marathon bombing? There's too much data. People can easily use code words or encrypt their communications. It's horribly and totally unreliable, and warrants are already a thing.
"Is Bradley Manning a hero?" 31% yes, 69% no
"Should Edward Snowden be prosecuted for disclosing classified information?" 56% yes, 44% no
"Do you consider Edward Snowden a hero?" 34% yes, 66% no
But then...
"Are you glad that Edward Snowden revealed the secret surveillance program?" 75% yes, 25% no
That seems like strong cognitive dissonance. Is it possible the people answering this poll are getting their information from a source that bashes the person/act, minimizes the program (or discloses no information about it or how it could be abused), but is happy it's a talking point? Maybe NBC and Fox News?
http://sweetness-light.com/archive/obama-approval-plummets-w...
But on the other hand, someone who seeks asylum from a tyrannical government who would illegally violate those rights and possibly torture or indefinitely detain them is clearly a bad person. Even though this is very similar to how our country was founded.
I don't see how those two views are not entirely contradictory.
And that's what the mainstream media has been focusing on in this case: he fled to China. That's the only important thing. Clearly he's guilty. Clearly he's a treasonous anti-American. Is he a Chinese spy? It's all borderline defamation at this point.
From that perspective, why wouldn't Snowden stay in the United States, since he's guaranteed the right to a fair trial? Why not face the music at home, instead of fleeing to HK?
Do you think it is legal only in the pedantic sense that "congress passed a law approving this" or do you consider it legal in the constitutional sense (would likely pass a 4A challenge in the SCOTUS ), or even in the broader sense where something might be allowed by the SCOTUS, but is still not "ok"?
And to dig a little deeper, how do you feel about the argument that non-targeted, unspecific data collection approval by the FISA court amounts to a "general warrant" as opposed to a warrant that describes "the place to be searched, and the persons or things to be seized"?
If that is what is actually happening, I think it is at least legal Constitutionally. I think the third party doctrine is alive and well, and I agree with Orin Kerr that it makes 4th amendment analysis technologically neutral (http://www.abajournal.com/magazine/article/the_data_question...). Basically, if I print out my e-mails and leave them in my friend's garage, the police do not need a warrant to get them, they can use a subpoena or lesser court order to get him to produce any documents I gave him. So why should those e-mails be protected if, instead of printing them out and leaving them in my friend's garage, I instead keep them in digital form on my friend's servers and my "friend" is named Google?
I think it's also consistent with how the framers understood the 4th amendment. It creates a zone of privacy around you that protects you from invasive search and seizure. It protects your person, it protects your house, it protects your property. It does not attach to the information itself and follow it around wherever it goes.
And I think with call detail records the 4th amendment isn't even implicated, because it's not even your data in the first place. It's data generated by Verizon's or AT&T's computers in response to signals on their networks. It's like a 7/11's security cameras. It's not a violation of your 4th amendment rights if your trip to the local 7/11 was captured on a security tape the store handed over to the police.
I think the NSA's programs are actually more likely to run into problems with the Electronic Communications Privacy Act or the Stored Communications Act.
Vis-a-vis FISA court warrants, I absolutely agree that they do not pass muster as Constitutional warrants. That is to say, if a search was deemed to require a Constitutional warrant for 4th amendment purposes, the police could not offer a vague FISA warrant to meet the requirement. But at the same time, I don't think collecting say call detail records from Verizon is something that requires a Constitutional warrant in the first place.
There is a very deep distinction in the law that I think a lot of people want to ignore. Your information in your possession is protected much more strongly than information pertaining to you in the possession of other people. The police need an article III warrant to bust into your house and take your accounting records. The police need merely a subpoena to get copies of your accounting records from your accountant. Similarly, a court cannot compel you to testify against yourself (5th amendment). But it can definitely compel your friend to testify against you. This is an asymmetry based on qualitative distinctions that transcend technology (i.e. your information versus information pertaining to you.) It's not like new technology has changed this distinction, all it has done is make it much easier and more convenient to give your personal information to third parties.
That seems like a way to get essentially the same effect as what the NSA has now, except that now the phone companies have to pay for the upkeep instead of NSA. But then it would all be legal.
I'm not personally sure I would feel safer shifting NSA-types of duties off on profit-driven civilian companies. As least I know that someone in Congress and the judiciary are being briefed on what's going on now... we won't have that same assurance if the phone companies are all compelled to do it.
But the looming risk for Joe Sixpack is a mysterious string all of the sudden being rejected from jobs, loans, schools, airline flights, credit scores, tax audits, passports, arbitrations, etc and there's no appeal process for any of that. Your record is has been red flagged, maybe it's an error, but too bad for you, terrorist!
The real outcry would happen if a few dubious data points go viral through the web of information sharing handshakes between government and private industry, and those bad data points start raising irrevocable red flags on the records of ordinary people. That's how this could all go wrong for everyone.
Millenials know this will never happen. Ever. And that's why we don't give a shit.
Obviously no-fly lists exist, and obviously they're not perfect. Not sure what your point is, friend.
http://www.usatoday.com/story/news/nation/2013/06/18/young-p...
Furthermore, cherrypicking some comments regarding PRISM to support a 'point' that milennials care more than the 35+ crowd doesn't really provide accurate support to statements like "milennials are among the angriest" about PRISM.
Finally, the poll question itself is worded badly: I'm certainly interested in PRISM and curious about the extent of its reach, but 'outraged' would never be a word that would describe my feelings about the program. 'Outraged', in my book, certainly isn't synonymous with 'giving a damn'.
Is PRISM just software for making sense of huge data sets? Is PRISM some system for hacking into web servers and stealing information? Is PRISM just a program where the government can request access to private information on some company's servers?
From reading about it, I don't really buy that it's as bad as many people make it out to be. Have lines been crossed? Yes. Do I know enough about how far we've gone over the lines to be outraged? No.
I just figured it was the mobs lack of long term memory.
/Don't call me a millenial