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View Diary: My own personal two cents (624 comments)

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  •  Absolutely agree (16+ / 0-)

    The Patriot Act was a creation of panic.  Now what do we do to permit essential functions required when vast data sets exist and can provide critical information, while protecting rights?  

    Maybe...

    Warrants should be required for intercepting/reading individual communications.  For example, I email people in the Middle East, and work on issues related to violence - surely some of my communications will fit a pattern that could draw scrutiny. Am I hugely upset if this triggers a flag of some sort?  It depends on what happens next.  If there is probable cause and they get a warrant (far stricter than is the case now), then I am not so freaked out if they actually read individual emails.  I draw the line at reading my private emails without a warrant. If they use simple pattern analysis to put me on some sort of extra security list at the airport - well, that should require independent transparent oversight by someone other than DHS.  Does it need a warrant?  Perhaps, perhaps not.  We can discuss. What about using cell phone location information to track population movements in the event a particularly virulent and deadly form of influenza breaks out?  I think I might favor government access to that information under such a circumstance, even without a warrant.

    Generally, I favor walls between using megadata for fishing for suspects in criminal cases, such as developing a "profile" for the average meth dealer internet usage, and using that sort of profiling, in the absence of any hard information, to indiscriminately to obtain a warrant.  I agree that some incidentally acquired data, such as cell phone location information, should be accessible to both prosecution and defense in criminal cases. I favor independent oversight of use of megadata for any sort of security profiling or epidemiological research, but would not necessarily require an individual warrant.  I favor the strictest controls - probable cause and a judicial warrant - for the most intrusive invasions, such as reading someone's private correspondence. The problem will be enforcement, and the ease with which any graduated systems put in place to control access can be overruled or subverted.  That's what gives me the most concern.

    “If the misery of the poor be caused not by the laws of nature, but by our institutions, great is our sin.” Charles Darwin

    by ivorybill on Thu Jun 13, 2013 at 11:39:39 AM PDT

    [ Parent ]

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