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posted by LaminatorX on Friday March 21 2014, @08:17AM   Printer-friendly
from the if-a-phone-is-tapped-and-no-one-hears-it-does-it-make-a-sound dept.

Fluffeh writes:

"National Security Agency documents released this week by The Washington Post gave a glimpse of an NSA program that allows the agency to capture the voice content of virtually every phone call in an unnamed country and perform searches against the stored calls' metadata to find and listen to conversations for up to a month after they happened. Bulk methods capture massive data flows 'without the use of discriminants,' as President Obama put it in January. By design, they vacuum up all the data they touch; meaning that most of the conversations collected by RETRO would be irrelevant to U.S. national security interests.

Of course, whether that capture can be considered monitoring comes down to semantics. In the NSA's reasoning, it's not 'surveillance' until a human listens in. And since most of the calls accessible by Retrospective are flushed from its 'cache' after a month without being queried, the NSA could argue that the calls have never been surveilled."

 
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  • (Score: 5, Insightful) by Bokononist on Friday March 21 2014, @10:19AM

    by Bokononist (3013) on Friday March 21 2014, @10:19AM (#19219)

    I disagree, if I send a drone to your house to take pictures of you all day and then try to argue that I'm not really surveilling you because I haven't looked at any of them yet, and I might not look at them if you don't annoy me, would you buy that argument or would you tell me to fuck right off?

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  • (Score: 0) by Anonymous Coward on Friday March 21 2014, @10:22AM

    by Anonymous Coward on Friday March 21 2014, @10:22AM (#19221)

    You had me at the word disagree.

  • (Score: 2) by Dogeball on Friday March 21 2014, @11:19AM

    by Dogeball (814) on Friday March 21 2014, @11:19AM (#19236)

    In your scenario, I am under surveillance because you have unlimited access to any photos taken by your drone.

    If you can convince me of a) and b), qualifying b) as you are (technologically) powerless to view the pictures without a warrant then I am not under surveillance until you obtain a warrant to look at those pictures. On obtaining a warrant, you have immediately completed your surveillance, rather than just starting, which is obviously an attractive feature for intelligence agencies (find out if your suspect has been bad, not just if he is being bad) and theoretically reduces their perceived need to resort to illegal tactics.

    If a random individual or corporation can obtain such a warrant for surveillance of an individual in their own house, then the authority issuing the warrant is corrupt, which presents an entirely different problem to the surveillance itself (analogous to FISA problems, not NSA problems).

    Let's not confuse objections to surveillance (which you obviously have plenty of) to objections to particular surveillance tactics. If there shouldn't be any surveillance, how it is carried out is moot; if there should be, it should be efficient and with proper oversight.

    WRT the topic, I'm not at all convinced of a) and b). Convince me, NSA.

    • (Score: 5, Insightful) by Bokononist on Friday March 21 2014, @11:46AM

      by Bokononist (3013) on Friday March 21 2014, @11:46AM (#19242)

      They could not convince me of a) or b), nor would they bother to try. The warrant should come before the surveillance not after. I'm guessing the month period before flushing the cache is because they don't have enough storage to keep more. Wait until it's a year, 10 years, your whole fucking life. Proper oversight, please, no oversight could be could enough for me for that kind of power, and it shouldn't be for you if you hold your freedom in any esteem(I'm sure you do, not trying to flame just make a point).

      If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him. -Cardinal Richelieu

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      Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before.