[HN Gopher] The Wyden Siren Goes Off Again: We'll Be "Stunned" b...
       ___________________________________________________________________
        
       The Wyden Siren Goes Off Again: We'll Be "Stunned" by NSA Under
       Section 702
        
       Author : cf100clunk
       Score  : 316 points
       Date   : 2026-03-13 16:13 UTC (6 hours ago)
        
 (HTM) web link (www.techdirt.com)
 (TXT) w3m dump (www.techdirt.com)
        
       | ticulatedspline wrote:
       | Will we? like doesn't everyone already assume the the NSA has had
       | their hooks in basically everything possible.
       | 
       | Like I'm having a hard time concocting a reveal that would be
       | "Stunning"
       | 
       | "NSA wiretapped all major phone carriers, recorded every voice
       | conversation and text message of every citizen"
       | 
       | Meh, not that stunning. at least not in a "violation of rights"
       | kinda way. Maybe in a "wow they had the technical acumen to even
       | handle all that data" kind of way
       | 
       | "NSA has secret database with all medical records", "NSA has logs
       | of every credit card transaction", "NSA can compel anyone
       | anywhere to spy and reveal all data on anyone for any reason"
       | 
       | Would any of these reveals actually be "stunning", frankly I've
       | assumed the worst for so long that the response will be more like
       | "wow, that _all_ they 're doing?"
       | 
       | like opening a diaper on a kid with IBS, you expect it to be so
       | bad when it's a normal turd you're suddenly really happy about
       | shit.
        
         | cucumber3732842 wrote:
         | I wouldn't be surprised by it, but "they're actually using all
         | of the above, laundered through some extra steps, to provide
         | leads to state and local LEO" would probably get people pissed
         | off.
        
           | HoldOnAMinute wrote:
           | Soma ( social media ) keeps everyone comfortably sedated
        
             | bram98 wrote:
             | anxiously sedated
        
         | TimorousBestie wrote:
         | > Would any of these reveals actually be "stunning", frankly
         | I've assumed the worst for so long that the response will be
         | more like "wow, that all they're doing?"
         | 
         | You're far more cynical than the typical citizen, who Ryder is
         | addressing.
        
         | Rooster61 wrote:
         | That's not what the quote is referring to directly (the title
         | is a bit misleading):
         | 
         | "In fact, when it is eventually declassified, the American
         | people will be stunned that it took so long and that Congress
         | has been debating this authority with insufficient information"
         | 
         | You are correct that the American populace has normalized this
         | already. The fact that this is done without congressional
         | oversight is indeed stunning. Or at least it would have been a
         | decade or two ago.
        
         | lokar wrote:
         | HN readers won't be surprised, but I don't think that's who he
         | is talking about.
         | 
         | Most Americans have this kind of thing tuned out, that have
         | bigger issues in their lives.
        
         | embedding-shape wrote:
         | > Would any of these reveals actually be "stunning",
         | 
         | Everyone knew the NSA spied on everyone, yet Snowden leaks were
         | truly stunning, because no one had evidence of the sheer scale
         | of what the NSA (and collaborators) were engaged in. Wyden
         | Siren was already firing off about that many years beforehand,
         | before we knew the actual truth, so considering his record, I'm
         | also skeptical it'll be "truly shocking" for the average HN
         | tech-nerd, but for the general public, to have evidence of what
         | the government does? Probably will be "stunning", but the one
         | who lives will see.
        
           | rockskon wrote:
           | So - given the law allows the NSA to do things given legal
           | constructs, reality be damned, then what new legal construct
           | do you think Wyden is sounding the alarm about?
           | 
           | When we un-tether the possibile from tech-specific
           | delineations, you'll find things get more and more alarming.
           | 
           | Whatever it is Wyden is sounding the alarm about, you can be
           | certain the sole protection we have - the sole guiding
           | principle and bulwark against abuse - is the agency's culture
           | given the rampant "incidental" collection and the public
           | claims that putting the equivalent of a removable sticky-note
           | over the names of U.S. citizens from their personal data is
           | sufficient to satisfy the 4th Amendment as the NSA searches
           | through our persinal data in bulk.
           | 
           | And what is culture if not the people we have to promote the
           | practices?
           | 
           | Boy am I glad we have an administration that lets agencies
           | largely lead themselves and doesn't engage in efforts to
           | replace a large part of various agency's workforce -
           | specifically those who care about the agency's culture!
        
         | imglorp wrote:
         | Don't forget backdooring or interfering with multiple
         | cryptography standards, at least Dual_EC_DRBG and RSA.
         | 
         | Or backdooring most major microprocessors (tpm).
         | 
         | Etc?
        
           | runjake wrote:
           | To which TPM backdoors are you referring?
           | 
           | I am aware that similar accusations are leveled against Intel
           | ME and AMD's Platform Security Processor.
        
             | bram98 wrote:
             | .
        
             | imglorp wrote:
             | Yeah. Obviously we can't know officially for decades but
             | there's still some signals. One is the HAP flag (1, solid)
             | to turn off IME, which has had at least one pubic vuln. Are
             | they merely reducing their attack surface? Why can only
             | they buy CPUs without IME (2, rumor)? Etc.
             | 
             | https://www.csoonline.com/article/562761/researchers-say-
             | now...
             | 
             | https://www.franksworld.com/2025/09/18/the-intel-backdoor-
             | no...
        
       | jeffrallen wrote:
       | Wyden is a national treasure.
       | 
       | Thank you for your service, Ron.
       | 
       | Also: Hello from Roseburg.
        
         | davidw wrote:
         | I hope we get someone as good as he is when he retires. Waves
         | from Bend.
        
         | dlev_pika wrote:
         | Wyden is a vote I cast without issue.
         | 
         | He is one of the few that is actually looking into Epstein bank
         | accounts movements.
        
       | contubernio wrote:
       | Secrecy is anathema to governance accountable to the governed.
        
       | phendrenad2 wrote:
       | I looked up Section 702 and top result was an official government
       | powerpoint justifying it to the public.
       | https://www.dni.gov/files/icotr/Section702-Basics-Infographi...
       | 
       | Under "Oversight", they point out that the Privacy and Civil
       | Liberties Oversight Board concluded that that the government's
       | Section 702 program operates within legal constraints, as
       | recently as 2014! Wow! </sarc>
        
       | wing-_-nuts wrote:
       | Everyone who's not terribly worried about privacy always uses the
       | line 'if you're not doing anything wrong, you have nothing to
       | worry about', but my line of thinking is not 'do i trust the
       | government' it's 'do I have faith in all future forms of
       | government who will have access to this data'
       | 
       | Given how fast and lose I've seen the DODGE folks play with the
       | data they have, _absolutely not_. I still shudder over the fact
       | that my OPM data was hacked years ago
        
         | alpple wrote:
         | if you're not doing anything wrong, a government that is doing
         | something wrong may not like it
        
           | EGreg wrote:
           | This, exactly.
           | 
           | And governments are always doing something wrong...
        
         | dylan604 wrote:
         | DOGE != DODGE
         | 
         | They may have dodged, ducked, dodged the rules while they
         | DOGE'd their way through the government, but not sure if they
         | used RAM trucks while they did it
        
         | briffle wrote:
         | I have seen what happens with garbage-in/garbage-out in
         | databases, so this kind of stuff terrifies me. I often think of
         | a case where we had a person listed twice in our database, with
         | same address, birthday, etc, only thing different was gender,
         | and last 2 digits of SSN were transposed..
         | 
         | After we 'fixed' the issue a few times, they BOTH showed up to
         | our office.
         | 
         | Both Named Leslie, born on same day, a few small towns apart,
         | same last name and home phone since they had been married. Back
         | then, SSN were handed out by region sequentially, so one had
         | the last two digits 12 and the other 21.
        
           | quesera wrote:
           | That's funny as a human, amazing as a developer, and
           | terrifying as a data processor. All at the same time.
           | 
           | I'll bet that pair has stories to tell.
        
             | Ancapistani wrote:
             | I'm a man in my 40s. My eldest daughter is 17. We have the
             | same first name (spelled differently, at least) and have
             | had many cases where medical records have gotten confused.
             | 
             | We _always_ double-check dosages for medications before
             | taking them.
        
               | dboreham wrote:
               | Wait until you live in the same zip code with another
               | person that has the same first name, last name and date
               | of birth!
        
               | projektfu wrote:
               | This was a story I found amusing when I read it: "Letter
               | from Chicago. Confusion oriented medical records."
               | 
               | https://pmc.ncbi.nlm.nih.gov/articles/PMC1605484/
        
               | Intermernet wrote:
               | When I was 18 I got called up for jury duty along with
               | someone with the same name and age. It was confusing.
               | They started referring to us by the suburb we lived in.
               | Luckily both of us got passed over.
        
             | briffle wrote:
             | They both showed up in person, because that was NOT the
             | first time that had happened.
        
           | cestith wrote:
           | My uncle married a woman with the same first and middle name
           | as one of his sisters. My new aunt chose to use her husband's
           | name as her married name, without hyphenation or anything.
           | His sister, my aunt, never married. One was an RN and the
           | other is an LPN.
           | 
           | They were born in different years. Their SSNs were not close.
           | For one of them the name was her maiden name. For the other,
           | a married name. They went to different colleges and had
           | different credentials. They did live in the same town.
           | 
           | When my aunt died, all the credit companies and collections
           | companies tried one of two recovery tactics. Some tried to
           | make her brother pay the debts as her surviving spouse. The
           | others tried to assert that the debts were incurred by his
           | wife and that the mismatch of other data in their own
           | databases was evidence of fraud.
        
           | LorenPechtel wrote:
           | Being married to someone with the same name could be very
           | confusing!
        
           | zrm wrote:
           | I have two younger brothers. They have the same last name,
           | first initial, a history of having lived at the same address,
           | and the same birth date, because they're twins.
           | 
           | Every time one of them goes to a particular medical facility,
           | he has to explicitly decline having them merge their charts.
        
         | quickthrowman wrote:
         | > but my line of thinking is not 'do i trust the government'
         | it's 'do I have faith in all future forms of government who
         | will have access to this data'
         | 
         | This is how I view privacy as well. You never know who will be
         | in power and who will access that information in the future
         | with ill intent.
         | 
         | This line of thinking kept me away from the Mpls ICE protests.
         | All of the people that protested had their face, phone, and
         | license plate recorded and documented.
         | 
         | I'm not even afraid of being persecuted by the current
         | administration, it's the possibility of a much worse
         | administration in the future that gave me pause.
        
           | EGreg wrote:
           | Not even future governments. There's also this:
           | https://www.eff.org/deeplinks/2024/10/salt-typhoon-hack-
           | show...
        
           | CamperBob2 wrote:
           | _I'm not even afraid of being persecuted by the current
           | administration, it's the possibility of a much worse
           | administration in the future that gave me pause._
           | 
           | Unfortunately, your (entirely understandable) position is
           | exactly what will enable such an administration to come to
           | power.
           | 
           | What you are doing in 2026 is what you would have done in
           | 1936.
        
           | hollywood_court wrote:
           | This is why I deleted all of my social media when it began to
           | look like Trump was going to win his second term. I had
           | already suffered enough harassment and death threats from the
           | Nextdoor app and a bit of the same from Facebook.
           | 
           | I know I'm already on some GOP list somewhere, but I figured
           | I'd do whatever I could do to protect myself and my family
           | from the local MAGAs in my area.
        
         | kasey_junk wrote:
         | Does anyone ever actually use that line? Most people will argue
         | that the trade off in privacy is worth it for security.
         | 
         | That is, if you frame your argument such that you believe
         | people don't understand the trade off it allows you to not
         | engage with the fact they just disagree with your conclusion.
        
           | fragmede wrote:
           | The mistake would be reading Hacker News and walking away
           | with the conclusion that because people don't post that
           | reasoning here that it doesn't exist (and even then, you do
           | find that does come up here on occasion). People with
           | "nothing to hide" do actually believe that, and while they
           | may not post it to HN for vigorous debate. The easy
           | counterexample from history is the list of Jews kept by the
           | Netherlands which was later used against them after they were
           | conquered by Nazi Germany, but you'd have to interested in
           | history to buy that reason. Some people simply shrug at the
           | "if you don't have anything to hide then you won't mind me
           | filming your bedroom" scenario as you being the creep in the
           | equation. Some people just don't want the trouble and are
           | fine with being surveiled because the powers that be are
           | doing it.
        
           | wat10000 wrote:
           | Constantly. Most people have a hard time dealing with
           | tradeoffs and think in absolutes. It goes along with "if
           | you're not a criminal, you have nothing to fear from police,"
           | another disturbingly common sentiment.
           | 
           | Some prominent examples:
           | 
           | https://www.bbc.com/news/uk-22832263
           | 
           | https://www.instagram.com/reel/DSVJmOajGDe/
           | 
           | https://thestandard.nz/if-you-have-nothing-to-hide-you-
           | have-...
        
           | Zigurd wrote:
           | Have you ever sat on a jury in a criminal case? A
           | frighteningly high percentage of people will swallow every
           | lie a cop tells, even when thoroughly discredited in cross-
           | examination. There's no shortage of people to guard the
           | concentration camps.
        
             | jrockway wrote:
             | I've been on a grand jury... the cops lied through their
             | teeth, couldn't keep their stories straight through a
             | prepared monologues reading from notes and ... everyone in
             | the room picked up on it and didn't indict the suspects.
             | Our grand jury was so cynical the DAs stopped giving us
             | cases and made the other two grand juries stay late to make
             | up for the lost capacity. It was great. We did something
             | good. And it was just a bunch of random people from
             | Brooklyn.
             | 
             | The establishment likes to pat the establishment on the
             | back but ordinary people seem to know what's up. In my
             | minimal experience, anyway.
             | 
             | (One thing to keep in mind... grand juries really are a
             | cross-section of the population, whereas lawyers get to
             | select jurors after talking to them, so there is some
             | selection bias on ordinary juries that grand juries don't
             | have.)
        
           | arealaccount wrote:
           | Yes all the time and it's not worth debating them as they are
           | not about to say anything interesting.
           | 
           | Usually just make a quip about having curtains then move onto
           | discussing just how moist the turkey is this year
        
           | rootusrootus wrote:
           | > Does anyone ever actually use that line?
           | 
           | Not that exact phrase, it is too elaborate. Most people grunt
           | "eh, don't care" and "it's free, right?"
           | 
           | The average person really _is_ that apathetic.
        
         | tomwheeler wrote:
         | > it's 'do I have faith in all future forms of government who
         | will have access to this data'
         | 
         | And even this assumes that the government can and will protect
         | the data from the various bad actors who want it, something
         | they have absolutely failed to do on multiple occasions.
        
           | rurban wrote:
           | You forgot that your government is the bad actor. For them
           | the laws do not apply
        
         | CamperBob2 wrote:
         | _Everyone who 's not terribly worried about privacy always uses
         | the line 'if you're not doing anything wrong, you have nothing
         | to worry about'_
         | 
         | The people who say "I'm not doing anything wrong, so I have
         | nothing to hide" simply don't understand that it's not their
         | call.
        
         | themafia wrote:
         | "If you have money in your pocket you always have something to
         | worry about."
        
         | the_af wrote:
         | > _Everyone who 's not terribly worried about privacy always
         | uses the line 'if you're not doing anything wrong, you have
         | nothing to worry about'_
         | 
         | The right way to reply to that is: not everything that's legal
         | must be public.
         | 
         | You probably don't want the rest of the world to see you poop,
         | or pick your nose, or listen to every word you say. Almost
         | everyone has things they'd be embarrassed to disclose to other
         | people. And this can be weaponized against you should any rival
         | gain access to it.
        
         | AnthonyMouse wrote:
         | > Everyone who's not terribly worried about privacy always uses
         | the line 'if you're not doing anything wrong, you have nothing
         | to worry about',
         | 
         | "Saying you don't need privacy because you have nothing to hide
         | is like saying you don't need freedom of speech because you
         | have nothing to say." - Edward Snowden
        
           | pardon_me wrote:
           | Locks on bathroom doors are for privacy, not security.
        
         | jasomill wrote:
         | I'd go further and say that checks on police and intelligence
         | agencies exist to protect both the innocent _and the guilty_
         | from abuse of power.
         | 
         | If I'm doing something wrong, the onus is on the government to
         | prove this within the rules established to prevent such abuse
         | (and on the people, their elected representatives, and the
         | judiciary to ensure these rules are sufficient to accommodate
         | the interests of all parties involved).
        
           | halJordan wrote:
           | So, in theory, you do agree with the current fisa setup and
           | were just haggling over details.
        
       | markus_zhang wrote:
       | I wouldn't be surprised by anything nowadays.
        
       | JohnMakin wrote:
       | I can't imagine it's anything people haven't been suspecting for
       | years - if I had to take a wild guess, it's the government's
       | interpretation of not needing a warrant to scour things for
       | intelligence on citizens using things like adtech and stuff that
       | probably should require a warrant.
        
       | electronsoup wrote:
       | If it was so important, wouldn't he just filibuster it till he
       | got what he wanted?
        
         | nozzlegear wrote:
         | It's my understanding that a single senator can't just
         | filibuster anything they want unless the conditions are right.
         | It depends on a few different factors and requires the bill to
         | be brought to the floor for debate, which itself would require
         | cooperation from the majority leader. That's not likely to
         | happen.
        
         | recursivecaveat wrote:
         | If you're solo you have to actually stand up and talk still it
         | seems. (And even then a 60+ person majority can vote to close
         | the debate on you) Nobody has done it solo for more than 24
         | hours or so. Presumably at that point you're about ready to
         | keel over.
        
         | kelnos wrote:
         | He needs 40 other Senators to agree with him; 60 votes can
         | close debate and stop a filibuster.
        
         | Hizonner wrote:
         | Filibuster what, exactly? No proposal is before the Senate...
         | 
         | ON edit: Oops, sorry, 702 is up for renewal. Still not clear he
         | could win a cloture vote, though.
        
       | losvedir wrote:
       | Wyden has been special, as long as I can remember. I feel like a
       | lot of us early tech people had something of a libertarian bent.
       | I think to some extent I've grown out of it in my less idealistic
       | older age, but the whole idea of freedom from the government,
       | living your own life, not being spied on, still resonates with
       | me, and Wyden has always been a champion of it to some extent.
       | You used to have Ron Paul, and these days now Rand Paul and
       | Thomas Massie sometimes waving that flag, too.
       | 
       | It was definitely swimming upstream in the post-9/11 days. I was
       | hopeful for a while with Trump that we'd see more of a mainstream
       | resurgence, but it's not looking like it to me anymore.
       | 
       | Anyway, I can only imagine what he's alluding to here...
        
         | dlev_pika wrote:
         | I think he is a reflection of the broader libertarian streak of
         | Oregonians.
         | 
         | Source: am Oregonian.
        
       | tehwebguy wrote:
       | The _interpretation_ of the law is classified? That's stupid and
       | everyone who protected that classification, regardless of
       | whatever the interpretation is, is a traitor!
        
         | simulator5g wrote:
         | Secret laws, secret courts... Jeez, man.
        
           | Analemma_ wrote:
           | This is why I'm never giving a penny to OpenAI again, now
           | matter how much damage control Altman tries to do with "look,
           | we reworded the contract to have redlines too!". Yeah, legal
           | redlines that the administration can bypass with their secret
           | memos and secret rubberstamp courts. This isn't even a Trump
           | thing: the Bush DOJ wrote secret memos making torture legal,
           | the Obama DOJ wrote secret memos making it legal to
           | assassinate American citizens. Non-technical redlines which
           | aren't under the vendor's control aren't worth a piss squirt.
        
             | Gud wrote:
             | By using ChatGPT, OpenAI are losing money.
             | 
             | So if you want them to die faster, use their services.
        
               | Analemma_ wrote:
               | Contra the popular memes, I don't think they're losing
               | money with every query sent (the money pit is capex on
               | new models and hardware, but I don't think inference
               | itself is unprofitable), so this wouldn't actually work.
               | 
               | I was already paying for Claude Max before the War
               | Department fiasco, so there's not much more I can do to
               | hurt OAI apart from complain about it online, although I
               | did persuade several people on various group chats I'm on
               | to switch.
        
               | bigyabai wrote:
               | I think it's a lost cause. Anthropic is still getting
               | used at Palantir[0], their software is used in strike
               | planning whether they consent or not. We can support them
               | all day and fight OpenAI to the last breath, but ensuring
               | AI is used responsibly is not up to any of us. It's the
               | government's job to hold itself accountable, and _they_
               | can 't do it. By digging in their heels, Anthropic is
               | preparing for an unwinnable fight against an enemy that
               | doesn't play fair.
               | 
               | Considering how many lines Anthropic has crossed, it all
               | feels like forced outrage to me. I feel ethically
               | justified supporting _none_ of these companies, it 's
               | reminiscent of the forced duopoly between iOS and
               | Android.
               | 
               | [0] https://www.cnbc.com/2026/03/12/karp-palantir-
               | anthropic-clau...
        
               | righthand wrote:
               | It will go faster if they have no customers and they are
               | building out software with expensive engineers.
        
             | palmotea wrote:
             | > This is why I'm never giving a penny to OpenAI again, now
             | matter how much damage control Altman tries...
             | 
             | Altman is like Musk: he showed his true colors _long_
             | before the current politically-inflected drama.
             | 
             | Musk was over-promising about self-driving, so much and for
             | so long it became pretty clear he was a shameless liar.
             | There are also so many reports of Altman lying (e.g. that's
             | apparently why he got fired) and engaging in Machiavellian
             | manipulations that you can be pretty sure he's a shameless
             | liar too.
        
         | stackghost wrote:
         | Probably the actual classified artifact is an NSA policy
         | document that details the NSA's own interpretation of the law
         | and thus forms part of its governance.
        
       | dlev_pika wrote:
       | So glad to see my Oregon senator regularly on the money.
        
       | snowwrestler wrote:
       | The warnings are nice but he could just say what it is. Members
       | of Congress have immunity for what they say on the floor of their
       | chamber in session, classification or no.
        
         | alwa wrote:
         | Immunity from prosecution, maybe, but not immunity from
         | consequence. I can't imagine congressional leadership would
         | think of it as a good look--and isn't the "need to know" based
         | on the congressperson's role? For example don't they brief only
         | congresspeople in specific roles on specific matters, like the
         | so-called "Gang of Eight" on intelligence matters? [0]
         | 
         | It feels a little like keeping the filibuster around: maybe
         | technically it's within their power to change the norm, but
         | once unilaterally spilling secrets becomes The Done Thing, it's
         | hard to imagine it wouldn't spin out into a free-for-all.
         | 
         | For all the mud that gets slung around, I think congresspeople
         | really don't get there without some kind of patriotic instinct,
         | some kind of interest in the United States' ongoing
         | functioning. And I certainly can't imagine they'd keep getting
         | access to _new_ secrets after pulling something like that, one
         | way or the other...
         | 
         | [0] https://en.wikipedia.org/wiki/Gang_of_Eight_(intelligence)
        
           | anigbrowl wrote:
           | You can say the same thing about secret laws and tyrannical
           | executives.
        
           | themafia wrote:
           | > congressional leadership would think of it as a good look
           | 
           | Why do they have any power? Wyden was elected by his
           | constituency. The "congressional leadership" can go pound
           | sand. To the extent they have any power here it should
           | immediately be completely neutered and then removed.
        
             | Hizonner wrote:
             | They can remove him from all his committees, including the
             | ones that give him access to this stuff to begin with. If
             | they really work at it, they can freeze him out to the
             | point where he can't get anything done on this or any other
             | issue. And they can use him revealing the information as an
             | excuse to avoid blowback from their own constituents. It's
             | not as bad as in the House, but it's pretty bad. Oh, and
             | they can probably deprive him of the floor the second he
             | starts to say anything "interesting".
             | 
             | Yes, there are serious problems with the way Congress is
             | organized, but there's probably a reason that practically
             | every parliamentary body on the planet has similar
             | problems.
        
               | themafia wrote:
               | > and they can probably deprive him of the floor the
               | second he starts to say anything "interesting".
               | 
               | So, move the show off the floor, never has it been easier
               | to reach the population as an individual. Are the
               | citizens that enraptured by "the floor" as it is? It
               | seems to me, that if you were serious, this would be no
               | problem at all.
               | 
               | > there are serious problems with the way Congress is
               | organized
               | 
               | None of that is dictated by the constitution. You can
               | change the way committees work overnight if you want.
               | Some would argue that this happened in the 1970s and
               | 1990s when party politics fully invaded what used to be
               | assignments of seniority and experience.
               | 
               | > but there's probably a reason
               | 
               | Corruption. It's worth a lot of money to certain people.
               | You can either design that out of the system or reduce
               | the total power of that system relative to the
               | population.
               | 
               | I'm not sure you can do much until you get down to the
               | bedrock problems here.
        
             | snowwrestler wrote:
             | To answer your question, Congressional leaders are elected
             | by their colleagues. Their power comes from that and from
             | the rules that Congress writes for itself.
        
           | snowwrestler wrote:
           | This is all true and it kind of defines the scope of the harm
           | he is talking about: bad enough for vague warnings, but
           | apparently not bad enough to risk consequences to seniority
           | etc. by outright revealing it.
           | 
           | Worth noting his full quote is that people will be "stunned
           | that it took so long" for the info to come out. Which is not
           | quite the same thing as being stunned in general.
        
       | blueone wrote:
       | I've stayed private for most of my adult life. Network wide dns,
       | vpns, alternative personas online for different purposes, etc.
       | Nonetheless, my personal data has been exposed numerous times.
       | 
       | Once in a while, I'd get into a conversation with a friend or a
       | stranger I met at some random function, and they'd ask how to
       | stay private online and protect their data. I used to go in depth
       | about how to do it, with excitement. Now I just say: be normal,
       | fit in with the crowd, freeze your credit.
        
         | newsclues wrote:
         | As someone that worked in an illegal industry (urban
         | pharmaceuticals), you need to appear normal and hide your
         | crimes. If you just hide your crimes, you stick out and become
         | a target.
         | 
         | Plausible deniability is harder than just total protection.
        
           | blueone wrote:
           | Yes.
        
         | MengerSponge wrote:
         | It's very hard to participate in a digital society while truly
         | remaining private. The things you do to ensure privacy generate
         | their own type of unique signal!
         | 
         | https://chuniversiteit.nl/papers/browser-extension-fingerpri...
         | 
         | You know this, but "normal" patterns are less remarkable.
        
       | anigbrowl wrote:
       | The whole concept of 'secret interpretations of law' is anathema
       | to me. Secret information makes sense, there are lots of reasons
       | a government might legitimately want to maintain a veil of
       | obscurity. Secret interpretations of law are a manifestation of
       | tyranny.
       | 
       | I like Ron Wyden but he should just employ his Congressional
       | privilege here and read it out.
        
       | bram98 wrote:
       | Whatever we imagine, the NSA seems to top it each time.
        
       | IshKebab wrote:
       | Uhm this article is a total lie, no?
       | 
       | Claim: We'll Be "Stunned" By What the NSA Is Doing Under Section
       | 702
       | 
       | Actual quote: I strongly believe that this matter can and should
       | be declassified and that Congress needs to debate it openly
       | before Section 702 is reauthorized. In fact, when it is
       | eventually declassified, the American people will be stunned that
       | it took so long and that Congress has been debating this
       | authority with insufficient information.
       | 
       | He said people will be stunned that it took so long to be
       | declassified; not that people will be stunned by what it is.
        
       | root_axis wrote:
       | It's been my experience that most people already assume full
       | surveillance of everything happening on all devices.
        
         | ionwake wrote:
         | You'd be surprised, I know IT managers with 20 years experience
         | who ( probably incorrectly) think otherwise.
        
         | kittikitti wrote:
         | I think it's going to be more about how many people have access
         | to the surveillance who might use it for needless things or
         | personal reasons, at a large scale.
        
       | kittikitti wrote:
       | I'm going to guess warrantless search of all of our data,
       | retention policies, and the worst part is who gets access to
       | search through it. Basically, I speculate that anyone under a
       | loosely defined classification would be able to access it
       | legally. I also think there's a bunch of information and password
       | sharing between people who don't even have a clearance for it.
       | Perhaps sprinkle in abusing this system for personal or political
       | reasons.
       | 
       | My word of caution is if you do have access to these systems or a
       | shared password, tread very carefully.
        
       | dmix wrote:
       | FISA courts are not sufficient oversight of this stuff. Not to
       | mention there's little rules for foreign data, including
       | Americans talking to foreigners on the phone. As long as one end
       | is foreign...
        
         | query_demotion wrote:
         | You're right. FISA courts are not sufficient oversight. Even
         | Judge James Robertson resigned from the FISA Courts (FISC) in
         | 2005 because:
         | 
         | >On December 20, 2005, Judge James Robertson resigned his
         | position with the court, apparently in protest of the secret
         | surveillance,[11] and later, in the wake of the Snowden leaks
         | of 2013, criticized the court-sanctioned expansion of the scope
         | of government surveillance and its being allowed to craft a
         | secret body of law.[12] The government's apparent circumvention
         | of the court started prior to the increase in court-ordered
         | modifications to warrant requests. In 2011, the Obama
         | administration secretly won permission from the Foreign
         | Intelligence Surveillance Court to reverse restrictions on the
         | National Security Agency's use of intercepted phone calls and
         | e-mails, permitting the agency to search deliberately for
         | Americans' communications in its massive databases.
        
       | rootusrootus wrote:
       | One of the things I am proud of as an Oregonian is that Wyden is
       | one of my senators. And it looks like maybe, possibly, he is
       | starting to make Merkeley a true believer as well. Which is good,
       | Wyden is getting kinda old, and there aren't enough people like
       | him in Congress, by a long shot.
        
       | djoldman wrote:
       | As I've said before:
       | 
       | "I don't need to care about privacy because I have nothing to
       | hide" is trivially disproved:
       | 
       | Humans arrive at conclusions about other humans based on
       | information. Sometimes these conclusions are incorrect because
       | humans aren't perfect at reasoning and this happens more often
       | with some kinds of information.
       | 
       | Therefore, it's perfectly rational to hide/not-disclose/obscure
       | some information to lessen the chance that others take action
       | based on faulty conclusions.
        
       | jmward01 wrote:
       | I have wrestled with the concept of 'classified' many times. The
       | question is always how you balance democracy's need for
       | information with the real need to keep some things away from
       | adversaries. I think the only answer is to vigorously enforce
       | automatic declassification AND dissemination but also ensure that
       | this happens within the useful lifetimes of those involved. This
       | last part is especially important for accountability. Laws need
       | to apply, without a statute of limitation, to abuse of
       | classification and for that to happen this stuff needs to come
       | out while those involved can still be held accountable.
       | Additionally, if abuse is found while something is still
       | classified there should be an immediate evaluation if the public
       | interest in understanding the abuse outweighs the danger of
       | releasing the information with an explicit understanding that the
       | public has already received real harm compared to a theoretical
       | harm of release.
       | 
       | Another aspect is that we need to lower the bar for
       | declassification in general. The reality of classified
       | information is that it is almost universally boring and time
       | limited in its value. Also, so many people have access to it that
       | it leaks out slowly anyway. Just look at how much of the US
       | military and contractors have or have had secret and higher
       | clearances. [1] When multiple percentage points of Americans (and
       | other governments) have access currently or have had access in
       | the past to supposedly 'top secret' information then hiding it
       | from the rest of the population just sounds silly. It is time to
       | start re-asserting the public's requirement to be informed even
       | if that has some potential risks or even actual harms associated
       | with it.
       | 
       | [1] https://news.clearancejobs.com/2022/08/16/how-many-people-
       | ha...
        
       | UltraSane wrote:
       | I can easily imagine that the NSA has exabytes of data with
       | Splunk style search capabilities. It would be ridiculously
       | powerful.
        
       | mpalmer wrote:
       | No means of law enforcement should be so secret that even the
       | legal basis for it can't be revealed to voters. If that renders
       | said means impractical, too goddamn bad.
        
       | xbar wrote:
       | Thanks Senator Wyden. Please do not stop fighting for us.
        
       | SauntSolaire wrote:
       | The article lede reads: "Senator Ron Wyden says that when a
       | secret interpretation of Section 702 is eventually declassified,
       | the American public "will be stunned" to learn what the NSA has
       | been doing."
       | 
       | Technically the full quote from Wyden is: "when it is eventually
       | declassified, the American people will be stunned _that it took
       | so long and that Congress has been debating this authority with
       | insufficient information._ "
       | 
       | It's a small thing, but I find the click-bait editorializing from
       | techdirt a bit off-putting.
        
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