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Report: U.S phone data used without warrants

A military arm of the intelligence community bought commercially available data to track users locations without first issuing warrants

Data Mining
Data Mining (www.nextgov.com)

WASHINGTON - According to an unclassified memo obtained by the New York Times, the DIA (Defense Intelligence Agency) bought data from third-party companies without going through the proper channels of the law. Over the past 2 and a half years, analysts have searched movements from commercial data bases in five investigations, wrote in a memo to Sen. Ron Wyden, D-Oregon.

The memo reveals a loophole in privacy laws being taken advantage of by intelligence officials. In the initial (and landmark) ruling in 2018, known as the Carpenter Decision, the Supreme Court held that the constitution requires the government to obtain a warrant to compel phone companies to turn over location data about their customers. However, according to memo, the government has skirted this ruling, and instead bought similar data from a broker without feeling the need for a warrant.

"DIA does not construe the Carpenter Decision to require a judicial warrant endorsing purchase or use of commercially available data," wrote the agency memo. Senator Wyden has ensured he will take new measures to safeguard user data from being bought and exploited by the government -- even for investigative circumstances.

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In a senate speech, he lambasted the newly released memo, and denounced the retrieval of data, "in which the government, instead of getting an order, just goes out and purchases the private records of Americans from these sleazy and unregulated commercial data brokers." He continued his denunciation, and said "the fourth amendment is not for sale!"

Data mining by governments has been an evolving issue, but the mainstay, is that people need to know if they are being watched. This justification is what prompted Edward Snowden to whistle blow what he saw in the NSA (National Security Agency), not that long ago. So, it comes as to no surprise, that we have another scandal in which a government security agency has mishandled our personal information. Many apps log users' locations and the app makers can then "aggregate the data and sell it to brokers, who can then resell it" to buyers like the DIA or NSA.

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  • Resources: (New York Times and Press Enterprise reporting)

You can follow and read more stories by Troy Chavez on his column: Troy-the-Centrist

Troy lives in Temecula and reports on issues effecting us locally and nationally.

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