zlacker

I'm curious what would happen if a privacy-focused nonprofit tried to purchase this bulk data and were refused. If it's only truly available to 3 letter agencies then they are acting more like contractors and the legal rationale might unravel.

>>underb+(OP)
This assumes that three letter agencies care about the law at all. They'll either come up with some other legal rationale that sidesteps the clear intent of the laws which would otherwise protect the rights of the American people or they'll just ignore it. I'd actually prefer it if at this point they just openly admitted that they were going to grossly violate our rights than this game where they smile and tell us how free we all are while they continue to come up with insane legal theories, imaginary guardrails against abuse, and toothless regulations which ultimately let them get away with doing whatever they want anyway. A little honestly would be very refreshing.

>>underb+(OP)
It's a tangled mess. If the companies are voluntarily cooperating, it's not as simple as calling them contractors. Look at all the covid/Biden subject matter censorship that was going on for an example. These companies invited the agencies in for reasons; they became willing tools of government censorship. There's no crime in it unless the government is coercing them. If you've interacted with the agencies, you know that coercion can be very subtle and light-touch. It can also be unofficial bargaining to the look the offer to look the other way or the threat to look intensely in one direction or another. Point is, you're rarely going to see a demand letter on the record requiring compliance outside of the warrant system (including FISA). The agencies know they can't compel private companies or state governments to do their work legally, so they work within the gray areas.

>>autoex+V1
I agree with this. I'd rather them drop the pretense and say that we are spying on all of you, we don't abide by our own laws, and we have shown the inability to self-police, hold accountable, or be transparent about our methods and bad actors. However, that would go against the illusion of "democracy" that is sold to the people to make us feel that we still have agency.

>>underb+(OP)
Contractually, they wouldn't be able to talk about it legally since most of these purchases are done via MNDA.