this post was submitted on 29 Dec 2023
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Privacy
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This 702 provision only allows spying on your communications with foreigners, and it's being used much less now than in the past.
How you feel about that is up to you, but it shouldn't be construed as a broad ability to spy on Americans without restriction.
These days, Godwin's law of Nazi analogies is something of a liability, as a lot of people are quick to assume (sometimes in bad faith) that a comparison to actual nazis is hyperbolic. I've taken to applied Godwinism, that is getting very specific in my comparisons.
That brings us to the Sicherheitsdienst, the intelligence service of the German Reich that was run by Reinhard Heydrich. The Behind the Bastards podcast two-parter on Heydrich gets deep into the starting of the SD. One of the things it highlights is that in the investigation and persecution of Jews, it was only supposed to go after known felons, but it went after anyone it could plausibly nail. It was an open secret within its own ranks, but by the time anyone on the outside wanted to check Heydrich's methods, he'd have enough dirt on them to keep them mum.
Cut to NSA and PRISM, which is the massive internet surveillance program that monitors traffic between Americans and foreigners. Yes, it's only supposed to be counterterrorism (Islamist terror, specifically) but from the beginning, it ruled-in any internet packet that crossed the US borders, even when the sender and recipient were both in the US. And since the mid 2010s, NSA has been allowing the mission to extend to all law enforcement, including letting local precincts know about large amounts of liquid assets in transit to be intercepted and confiscated. Some searches of the blog website Techdirt should yield you dozens of examples of incidents that made it to courts, to civil rights watch organizations and investigative reporters. The FISC was always a joke, known even by the FBI as a rubber stamp court.
Incidentally, ICE also engages in the same kind of ignoring (or reinterpreting) mission parameters. Ordered to only arrest and deport undocumented persons who've committed violent felonies, they go after everyone they can, including locking brown American citizens in a room with no phone and no resources and order them to prove they're a citizen. People deported, often shores alien to the deportees are quickly swept up into human trafficking rackets with which ICE closely operates.
So no, it's not as bad as we imagine. It's far worse.
Right so just be greatful the nazis are only going after your neighbors right?