timschochet
Footballguy
What we have here are competing interests of the state: security vs. privacy. When such a conflict occurs, the courts need to determine very specifically which interest outweighs the other. Your example of going door to door and searching every house without warrant is a very clear instance in which privacy and the 4th Amendment would forbid this, no matter how "useful" or "necessary" it might seem. In that case, the interest of privacy far outweighs the interest of security.This is where you lose me. What's "useful" should have zero bearing on what is legal. It would be "useful" to go door to door and search every house, but that doesn't and shouldn't make it permissible.I can't answer your questions because I don't know what is important to the NSA and what isn't. I can make a very generalized and theoretical argument that the collection of bulk data is OK, and I have. I can argue, in very general terms, that it's an important tool to fight terrorism, and I have. But beyond this I would need to have intricate knowledge of exactly how the NSA uses its collected info in order to answer you intelligently, and I don't have that.Metadata is a complex thing, especially for non-technical people. No shame in not understanding it exactly. The truth is, the line between where metadata becomes actual data is pretty damn fuzzy. In a lot of cases, metadata can be more useful information than "actual data". In some cases, really good data analysis people can even recreate the original data just from the metadata.OK, thanks for the explanation. No I did not understand that. Guess I'm dumb, or ill-informed, or both.
IMO, the collection of metadata is constitutional. IMO, the collection of actual data, collected in bulk, is also constitutional. These are my opinions based on what I've read which I found compelling. Am I 100% positive? Of course not. That's why I wanted the Supreme Court to review the matter. I'm no attorney; let them decide. I don't like that they have, at least so far, refused to do so.
Moving on, let me ask this. In your opinion, what should the NSA be allowed to do? Specifically...
* Exactly what types of data should they be allowed to search using "automated algorithms" in real-time? Call records? Voice recordings? E-mail records (e.g. who, when, subject)? Actual e-mail contents? U.S. mail metadata records (e.g. date, address, weight, postage, etc.)?
* Exactly what types of data should they be allowed to collect and store for use at a later date?
* In both cases, must it be done to all possible instances of data or none at all? For example, let's just say the government had a way to intercept all Gmail traffic, but wasn't able to intercept Hotmail; should they be able to analyze and store the Gmail stuff?
To put it another way, let's assume that every possible bit of data is or might be useful. What should be legal?
But in terms of what the NSA is doing with bulk data- collecting it, searching through it, saving it, etc.- there is much less black and white. So once again, I can't answer your specific questions, without knowing how useful this stuff is to the NSA vs. how intrusive it is to privacy. These questions are for the courts to decide. I can only keep on repeating that in principle, I have no problem with the collection of bulk data.
Right now, we have to determine who's telling us the truth. Snowden or the government? That's what folks are discussing here. You can be frustrated all you want, but i assure you that goes away if you participate in the discussions of the thread and stop trying to hijack all of them with your philosophical ramblings.