Buying domestic data from data brokers is just something the government does all the time. Bypassing restraints enacted by the Supreme Court, federal agencies (along with local law enforcement agencies) are hoovering up whatever domestic data they can from private companies all too happy to be part of the problem.
Well, That’s Everyone: Senator Wyden Letter Confirms The NSA Is Buying US Persons’ Data From Data Brokers
Tag: Third Party Doctrine
Ron Wyden Wants To Know Why The DEA Still Has On-Demand Access To Trillions Of Phone Records
For decades, the government has used the Third Party Doctrine to obtain massive amounts of phone records without a warrant.
Even prior to the creation of the Third Party Doctrine by the Supreme Court in 1979, government agencies were obtaining phone records using pen register requests that provided them with info on numbers called and the length of the calls. This method, however, required the government to supply some information of its own: specifically, a targeted source phone number phone companies could use to search for call metadata.
Ron Wyden Wants To Know Why The DEA Still Has On-Demand Access To Trillions Of Phone Records
More Mass Surveillance: FOIA Docs Reveal Illegal Snooping On US Residents’ Financial Transactions
If it can conceivably be considered a “third party record,” the government is going to seek warrantless access to it. The Third Party Doctrine — ushered into existence by the Supreme Court in 1979 — says there’s no expectation of privacy in information shared with third parties. That case dealt with phone records. People may prefer the government stay out of their personal conversations, but the Smith v. Maryland ruling said that if people shared this info with phone companies (an involuntary “sharing” since this information was needed to connect calls and bill phone users), the government could obtain this information without a warrant.
More Mass Surveillance: FOIA Docs Reveal Illegal Snooping On US Residents’ Financial Transactions
Defense Department Latest To Be Caught Hoovering Up Internet Data Via Private Contractors
Everyone’s got a hunger for data. Constitutional rights sometimes prevent those with a hunger from serving themselves. But when they’ve got third parties on top of third parties, all Fourth Amendment bets are off. Data brokers are getting rich selling government agencies the data they want at low, low prices, repackaging information gathered from other third parties into tasty packages that give US government agencies the data they want with the plausible deniability they need.
Defense Department Latest To Be Caught Hoovering Up Internet Data Via Private Contractors