What Congress' New Email Privacy Bill Would Mean For Your Inbox

Discussion in 'Politics, Religion, Social Issues' started by bradl, Sep 15, 2015.

  1. bradl macrumors 68040

    bradl

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    Jun 16, 2008
    #1
    Continuing the issues regarding your personal data versus the 4th Amendment and the gathering of your data, Executive Order 12333, We now have this bill moving quite strongly through Congress, with bipartisan support in both chambers.. I'll let it explain everything.

    Daily Dot, via /.

    My only concern is who is presented the warrant. As this sounds, Since Google or Facebook or the like owns your data (it's on their servers), since they would be 3rd party to any investigation, they would only need to be subpoenaed to hand over the data (no warrant required). You would not be presented a warrant to know that your personal data was seized or searched.

    With this bill, should it pass, who received the warrant? You, or Google/Facebook? I would hope that it would be both, but it's a good thing already that someone is pushing a bill like this to require a warrant altogether.

    So far, this looks like a no-brainer, but can anyone else think of what would be missing from this?

    BL.
     
  2. MacNut macrumors Core

    MacNut

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    #2
    It's a start and hopefully the beginning of a bigger ball rolling.
     
  3. impulse462 Suspended

    impulse462

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    #3
    No!!! The government needs access to this data to keep us safe!!!!!!!!!! I have nothing to hide!
     
  4. aaronvan Suspended

    aaronvan

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  5. bradl thread starter macrumors 68040

    bradl

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    #5
    Likewise, and PGP since 1993. However, you do have to give them credit for doing something about it, and realizing that the original bill, passed between 1986 and 1987, was severely outdated.

    BL.
     
  6. ElectronGuru macrumors 65816

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    Oregon, USA
    #6
    This sounds far to useful and non partisan and not helping special interests to be our congress. Are we sure this isn't referencing some fictional government?
     
  7. 556fmjoe macrumors 65816

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  8. bradl thread starter macrumors 68040

    bradl

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    #8
    Yes. From the OP:



    So metadata is included.

    BL.
     
  9. 556fmjoe macrumors 65816

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    Apr 19, 2014
    #9
    I missed that, thanks.

    I wonder how this applies to bulk collection.
     
  10. bradl thread starter macrumors 68040

    bradl

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    Jun 16, 2008
    #10
    When you think about it, under this bill, bulk collection would make it worse for the government. If data were collected in bulk for numerous people, each person whose data was collected would need to notified that their data was collected within 10 business days. If a law enforcement office, that's pushed down to 3 business days.

    It would be better to see the text of the bill, as the article is still vague on who actually would get the notification: the people, or the party in possession of the data (read: Google, Twitter, Apple, Facebook, etc.). But if in bulk and done for, people named Ali (regardless of first or last name), each person with the name Ali should receive notification, if not a warrant. That's a lot of people.

    BL.
     
  11. 556fmjoe macrumors 65816

    Joined:
    Apr 19, 2014
    #11
    That's exactly what I was thinking. Though maybe the population would wake up if everyone received a letter from the NSA every time their data was collected/accessed (which is probably hundreds of times per day).

    Of course, this is why it probably won't happen.
     
  12. bradl thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #12
    Well, there is that gag order catch mentioned.. so the government has a slight bit of an out. That part sucks, as the government knows that it would have to give notice or serve a warrant, and could go to the courts to delay or put a gag order on it. Seeing that they would be the only ones privy to the data for that, no-one can go to the courts to object to the gag order. They don't know what they don't know.

    So if this bill passes, it would be interesting to see if someone can tally up how many of these delays and gag orders the government requests, and is granted.

    BL.
     
  13. mrkramer macrumors 603

    mrkramer

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    #13
    And who watches the NSA to make sure they are telling the truth about if they are still collecting data or not? I'm guessing if this passes they will just say that they stopped and keep right on collecting the data, and no one will know because telling the American people what the NSA is doing is considered an act of treason.
     
  14. satcomer macrumors 603

    satcomer

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    #14
    All I know Verizon and AT&T along with Comcast are going to throw money against this or try to break it down by twisting (with lots of money) Congressmen as hard as they can. It will die on the vine!
     

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