Exploring the impact of mass surveillance on privacy and democracy, author Byron Tau discusses the revealing data collected by online marketers and agencies without warrants. Delve into how tech companies profit from data and the rise of gray data for surveillance purposes, along with government secrecy in surveillance techniques and lobbying efforts for privacy laws. Learn practical tips for protecting privacy online in a data-driven world.
Data brokers transitioned from commercial to government data supply post-9/11 for intelligence analysis.
Government agencies prioritize data access for security over ethical concerns and commercial use.
Intelligence agencies engage in real-time bidding for data, justifying acquisition through citizen consent claims.
Government surveillance merges with commercial data, blurring privacy boundaries and raising transparency concerns.
Deep dives
Evolution of Data Collection Post-9/11
Post-9/11 marked a pivotal shift in data collection trends where data brokers transitioned from pursuing commercial goals to catering to government agencies' burgeoning need for data analysis to identify potential threats within large populations worldwide. The intelligence community and military's altered focus on internal security led to a surge in acquiring data from various sources, enabling investigations on suspicious patterns and possibly dangerous individuals globally.
Data Brokers and Government Collaboration
In the aftermath of 9/11, data brokers found an expanding market in government agencies seeking data for various security purposes. Some companies struggling in the commercial sector swiftly pivoted to government contracts for stable revenue streams. The relationships between data brokers and government entities flourished, with a lucrative revenue stream being the key driver, sometimes at the expense of ethical considerations and potential social consequences.
Government Access to Data and Legal Justifications
Intelligence agencies and other authorities tapped into the abundance of available data directly, participating in real-time bidding to acquire data instead of relying solely on third-party data brokers. Legal justifications often revolved around claims of anonymized data, despite challenges in truly anonymizing location-related information. The argument that citizens consented to data sharing through terms of service and the prioritization of national security missions over commercial uses were common rationales for government access to data.
Legal Justifications and Surveillance Measures
Legal justifications for government data acquisition included the post-9/11 legislative measures such as the Patriot Act, Executive Order 12333, and the application of the third-party doctrine. The reauthorization of Section 702 within the Foreign Intelligence Surveillance Act further solidified the legal framework and justifications for surveillance measures. The immense information -gathering ecosystem created by corporations through advertising systems became a primary focus for government access and utilization for security objectives.
Consequences of Data Collection and Surveillance
The consequential merger between commercial data collection and government surveillance showcased the implications of data accessibility and utilization in national security endeavors. The blurring of boundaries between citizen data acquisition for marketing purposes and government intelligence operations raised concerns about privacy, transparency, and the balance of power between authorities and the populace. The reflection on data-driven interventions and the impacts on individual privacy underscored the intricate dynamics between commercial data practices and government surveillance tactics.
Government Data Collection and Oversight
Government agencies have expanded data collection over the past 30 years, with limited oversight. Efforts like the Fourth Amendment is Not for Sale Act aim to restrict the government from purchasing and using American citizens' data in intelligence operations. Despite pushback and failed attempts, Congress has largely deferred to corporations and intelligence agencies for data access, leading to a lack of comprehensive privacy legislation.
Challenges in Transparency and Oversight of Surveillance Techniques
Government agencies and contractors utilize various tactics to conceal surveillance activities from the public and congressional oversight. Techniques include outsourcing programs to contractors, strict non-disclosure agreements, and avoiding communication with journalists seeking information. Organizations go to great lengths to prevent data acquired through surveillance tools from being used in court proceedings, depriving defendants of their rights and limiting judicial scrutiny on privacy issues.
Every day, we generate tons of digital exhaust: our web browsing, GPS location, online and in-store purchases, emails and messages, social media posts and feed viewing habits, and much, much more. Online marketers and data brokers have been living off these breadcrumbs for years. The intelligence and law enforcement agencies have found this data to be incredibly revealing, and they can buy most of this data on the open market without requiring any sort of warrant - and they have. This has important implications for democratic societies that value privacy and freedom. I'll discuss how this mass surveillance works and what it means for all of us with Byron Tau, author of the book "Means of Control".
Interview Notes
Means of Control: https://www.amazon.com/Means-Control-Alliance-Government-Surveillance/dp/0593443225
Byron Tau at NOTUS: https://www.notus.org/byron-tau
Puking Monkey’s DEF CON presentation: https://www.youtube.com/watch?v=T43Ti7c11lY
Make your EZ Pass “moo”: https://hackaday.com/2013/09/16/modified-e-zpass-detects-reads-far-from-toll-booths/
Official US policy on collecting public info on citizens: https://www.dni.gov/index.php/newsroom/press-releases/press-releases-2024/3815-odni-releases-ic-policy-framework-for-commercially-available-information
Further Info
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Table of Contents
Use these timestamps to jump to a particular section of the show.
0:00:58: Update your Windows PCs
0:01:32: Interview setup
0:04:59: How might the collection of online data impact a regular person?
0:10:13: What sorts of things can all this data reveal about us?
0:15:44: How much can we learn by tracking a person's location?
0:17:38: What is 'gray data'?
0:22:40: Our data can be saved virtually forever - what are the ramifications?
0:26:30: How are data gathering rules different for law enforcement vs intelligence agencies?
0:32:54: When did data brokers start selling our info to government agencies?
0:39:22: Is it legal for these agencies to act as data brokers themselves?
0:42:12: What laws have impacted this sort of data collection in the US?
0:44:49: How and why do these agencies hide this data collection?
0:51:02: Are governments sharing data to skirt local restrictions?
0:54:54: How have these spy programs evolved since 9/11?
1:00:28: Have government agencies lobbied Congress against federal privacy laws??
1:03:20: How can we limit data collection and increase our privacy?
1:06:24: Could the Big Tech backlash help get a privacy law passed?
1:08:33: What are you working on next?
1:09:59: Interview follow-up
1:11:36: Looking ahead
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