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If only it were so limited. The government has long co-opted banks, etc. to do their spying. See California Bankers Association v. Shultz (1974) and pay particular attention to Justice Douglass's dissent. This problem has been festering for decades and only now in 2012 (Jones v. United States, re: GPS searches) have a majority on the Supreme Court even expressed concern over the rise of the surveillance state....

Who knows where this is leading.....



Very true. As someone who has considered using InTrade in election season and donating to WikiLeaks, it's incredible how linked government and banking are.

What I find interesting is the thought experiment "how would you act if you wanted to evade the surveillance?" Simply going "off grid" won't work b/c it provides nearly as reliable a signal to those doing the tracking.

I consider it likely that terrorist organizations have thought about this, and wonder what approaches they are using to try to thwart it.

Since it would seem fairly possible to create a convincing appearance of legitimacy via FB and Gmail and even banking, the value of the surveillance must lie in understanding human network topologies so that physical agents can be deployed strategically to do traditional humint.

Since most of the data is obtained w/o warrant it is unlikely to be admissible and used toward a conviction. This would be a problem if convicting the individual whose data was scanned was the goal. The goal is to aid the efforts of traditional law enforcement and intel by generating something like a "suspicion heatmap" over the social network as revealed by our financial, email, and social network transactions.

This helps efficiently deploy agents, but once deployed the agents still need to make friends and infiltrate their assigned network edges. Cover is not always necessary to do this, since many members of the network are upstanding citizens who are happy to help with something security related.

As I've speculated earlier, I would expect that honeypots (large and small) are the preferred way to actually perform experiments on the suspicion graph.

It's fascinating to think about what sort of honeypots probably exist.


In the banking case, the issue was that the data didnt need a warrant and could be used towards conviction. In recent decades the 4th Amendment has been significantly eroded and courts are only now waking up to the fact that there is a major problem. A lot of people thought GPS wouldn't be a problem based on the Knotts and Karo electonic beeper cases either.




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