Loophole Allows US Government to Harvest the Data of Millions of American Citizens Without Warrants (or FISA)

In a recently declassified report by the Office of the Director of National Intelligence (ODNI), it has been revealed that US intelligence agencies, including the Central Intelligence Agency (CIA) and the National Security Agency (NSA), are utilizing legal loopholes to gather extensive data on American citizens.

The report raises concerns about the agencies resorting to unregulated commercial marketplaces where they purchase data, including location information extracted from mobile phones.

ODNI asserts that, this information, which can expose private behaviors and social connections, is considered public as it is commercially available, thus bypassing the need for search warrants or subpoenas.

Concerns Arise Over Unregulated Data Marketplaces

According to Bloomerg, the report highlights the potential dangers associated with this practice, as the acquired data could be misused for activities like blackmail, stalking, harassment, and public humiliation. The report, however, offers only two unclassified examples of how intelligence agencies use the data.

One instance involves tracking a hacking group, while the other focuses on monitoring the effects of natural disasters and disease outbreaks on human movement. Nonetheless, the report strongly underscores the need for enhanced oversight to guarantee the responsible management of this data.

Although data brokers claim to anonymize the location data they sell, researchers argue that it can be deanonymized when combined with other sources or obtained in large quantities, potentially revealing sensitive information such as individuals’ home addresses and workplaces.

It is widely believed that well-resourced intelligence agencies like the NSA and the CIA possess the necessary tools to deanonymize location data acquired from commercial sources. Previous investigations have demonstrated the ease with which supposedly anonymous location data can be analyzed to track specific individuals over time.

The NSA has declined to comment on the matter, while the CIA has not responded to requests for comment at this time. The ODNI report emphasizes the importance of oversight and regulation, as even with appropriate controls, the collection of such data can surpass constitutional traditions and societal expectations, granting the government excessive power to intrude upon citizens’ privacy.

Bloomerg reports that in May, Rayzone, an Israeli company, has been discreetly gathering advertising data and repurposing it to assist governments in tracking individuals through their mobile phones. Rayzone has acquired companies specializing in ad technology and established relationships with brokers who resell data from major advertising exchanges, including one owned by Google.

Senator Wyden Calls for Stronger Oversight to Protect Privacy

Senator Ron Wyden, a Democrat from Oregon, has been actively advocating for increased scrutiny of government agencies’ surveillance-related data purchases. In response to the declassified ODNI report, Senator Wyden expressed disappointment in the existing policies, which have failed to provide adequate safeguards for Americans’ privacy.

In a statement seen by Bloomberg, he also raised concerns about the potential circumvention of the Fourth Amendment, which protects citizens against unreasonable searches and seizures.

Carrying it to Twitter he said:

“There are virtually no guardrails around how the government collects this information should concern anyone who uses a smartphone or computer.”

Senator Wyden stressed the need for stronger oversight by the executive branch, issuing guidance to agencies regarding the legal status of commercial data, and providing transparency to the American people regarding the government’s interpretation of the law.

He stated:

“If the government can buy its way around Fourth Amendment due process, there will be few meaningful limits on government surveillance.”

The revelation of this legal loophole and the lack of sufficient privacy safeguards have sparked significant concerns among citizens and privacy advocates alike. There is a growing demand for increased oversight, regulation, and transparency to strike a balance between national security needs and the protection of individual rights and privacy. As data privacy becomes increasingly crucial in the digital age, ensuring responsible data usage by government agencies is an urgent matter that requires immediate attention and action.

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