Re: [PLUG] FBI cell analysis

["Keith C. Perry via plug" <plug@lists.phillylinux.org>]

That sounds all good but what I'm getting at is two things based on the OP...

1) People do NOT generally know how this works AND privacy concern are becoming top of mind
2) We still have never had real debate over privacy issues vis-a-vie the social, legal and business operation concerns (i.e. does Facecrap really own your data?)

It could very well be that the masses don't care after debate but I do think there should be public discuss on this.  Maybe someone would actually choose carrier B over carrier A because of their privacy policy.  People already do that in other areas of tech so it makes more sense to me that people would consider this point given all the facts.


~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 
Keith C. Perry, MS E.E. 
Managing Member, DAO Technologies LLC 
(O) +1.215.525.4165 x2033 
(M) +1.215.432.5167 
www.daotechnologies.com

----- Original Message -----
From: "Rich Freeman" <r-plug@thefreemanclan.net>
To: "Keith C. Perry" <kperry@daotechnologies.com>
Cc: "jeffv" <jeffv@op.net>, "Philadelphia Linux User's Group Discussion List" <plug@lists.phillylinux.org>
Sent: Monday, October 25, 2021 3:33:29 PM
Subject: Re: [PLUG] FBI cell analysis

On Mon, Oct 25, 2021 at 3:24 PM Keith C. Perry via plug
<plug@lists.phillylinux.org> wrote:
>
> I'm wondering what an analysis is of 18 USC § 2703 (aka "2703 orders") up against the 4th amendment would bare out now.

I think the reality is that use of this data falls into two categories:

1. Situations where a warrant is straightforward to obtain.  In these
situations, the 4th amendment is no barrier.
2. Situations where a warrant couldn't be obtained.  In these
situations they just get the data via NSLs or whatever, and then use
parallel construction to generate the case that gets presented in
court.  The surveillance is never even mentioned so it doesn't get
challenged in court.

>
> Carriers could simply choose to anonymize stored data

They could, but then the Feds/etc get upset with them.  Most likely
they are given a deal to make it worth their while.  Almost nobody
chooses a carrier based on their data retention policies, so there is
little benefit to them safeguarding privacy. Some do it on principle,
but they are regulated by the government and so being on good terms is
sound business practice for them.  The US government tends to exercise
a lot of enforcement discretion, and how much discretion you get often
depends on what kind of relationship you have.  If you address their
priorities, then they'll probably not bug you over the "small stuff."
Security is a huge priority to the Feds, so it is an easy way to gain
points at little cost to your business.

-- 
Rich
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