Tag Archives: civil liberties

Yes, the NRO’s Latest Logo Really Is a Hideous Octopus Encircling the Earth

Mother Jones

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It looks like we have a new winner in creepy, non-self-aware surveillance logos. The previous all-time great, on the left, is the 2002 classic from London Transport, “Secure Beneath the Watchful Eyes.” The new champion, on the right, is the 2013 mission patch for satellite launch NROL-39 from the National Reconnaissance Office, “Nothing Is Beyond Our Reach.” The short-lived logo for Total Information Awareness has now been relegated to third place.

Do you feel safer now?

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Yes, the NRO’s Latest Logo Really Is a Hideous Octopus Encircling the Earth

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Is the CIA Taking Cues from Hollywood?

Mother Jones

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This story first appeared on the TomDispatch website.

Call it the Jason Bourne strategy.

Think of it as the CIA’s plunge into Hollywood—or into the absurd. As recent revelations have made clear, that Agency’s moves couldn’t be have been more far-fetched or more real. In its post-9/11 global shadow war, it has employed both private contractors and some of the world’s most notorious prisoners in ways that leave the latest episode of the Bourne films in the dust: hired gunmen trained to kill as well as former inmates who cashed in on the notoriety of having worn an orange jumpsuit in the world’s most infamous jail.

The first group of undercover agents were recruited by private companies from the Army Special Forces and the Navy SEALs and then repurposed to the CIA at handsome salaries averaging around $140,000 a year; the second crew was recruited from the prison cells at Guantanamo Bay and paid out of a secret multimillion dollar slush fund called “the Pledge.”

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Is the CIA Taking Cues from Hollywood?

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Meet the Punk Rocker Who Can Liberate Your FBI File

Mother Jones

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Ryan Shapiro has just wrapped up a talk at Boston’s Suffolk University Law School, and as usual he’s surrounded by a gaggle of admirers. The crowd­, consisting of law students, academics, and activist types, is here for a panel discussion on the Animal Enterprise Terrorism Act, a 2006 law targeting activists whose protest actions lead to a “loss of profits” for industry. Shapiro, a 37-year-old Ph.D. student at the Massachusetts Institute of Technology, contributed a slideshow of newspaper headlines, posters, and government documents from as far back as the 1800s depicting animal advocates as a threat to national security. Now audience members want to know more about his dissertation and the archives he’s using. But many have a personal request: Would Shapiro help them discover what’s in their FBI files?

More great stories on FBI shenanigans, federal snoops, and the power of Big Meat


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Gagged by Big Ag


Timeline: Big Ag’s Campaign to Shut Up Its Critics


Our Yearlong Investigation into the FBI Program That Spies on American Muslims

He is happy to oblige. According to the Justice Department, this tattooed activist-turned-academic is the FBI’s “most prolific” Freedom of Information Act requester—filing, during one period in 2011, upward of two documents requests a day. In the course of his doctoral work, which examines how the FBI monitors and investigates protesters, Shapiro has developed a novel, legal, and highly effective approach to mining the agency’s records. Which is why the government is petitioning the United States District Court in Washington, DC, to prevent the release of 350,000 pages of documents he’s after.

Invoking a legal strategy that had its heyday during the Bush administration, the FBI claims that Shapiro’s multitudinous requests, taken together, constitute a “mosaic” of information whose release could “significantly and irreparably damage national security” and would have “significant deleterious effects” on the bureau’s “ongoing efforts to investigate and combat domestic terrorism.”

So-called mosaic theory has been used in the past to stop the release of specific documents, but it has never been applied so broadly. “It’s designed to be retrospective,” explains Kel McClanahan, a DC-based lawyer who specializes in national security and FOIA law. “You can’t say, ‘What information, if combined with future information, could paint a mosaic?’ because that would include all information!”

Fearing that a ruling in the FBI’s favor could make it harder for journalists and academics to keep tabs on government agencies, open-government groups including the Center for Constitutional Rights, the National Security Archive, and the National Lawyers Guild (as well as the nonprofit news outlet Truthout and the crusading DC attorney Mark Zaid) have filed friend-of-the-court briefs on Shapiro’s behalf. “Under the FBI’s theory, the greater the public demand for documents, the greater need for secrecy and delay,” says Baher Azmy, CCR’s legal director.

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Meet the Punk Rocker Who Can Liberate Your FBI File

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23 Petty Crimes That Have Landed People in Prison for Life Without Parole

Mother Jones

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As of last year, according to a report released today by the American Civil Liberties Union, more than 3,200 people were serving life in prison without parole for nonviolent crimes. A close examination of these cases by the ACLU reveals just how petty some of these offenses are. People got life for, among other things…

Possessing a crack pipe
Possessing a bottle cap containing a trace amount of heroin (too minute to be weighed)
Having traces of cocaine in clothes pockets that were invisible to the naked eye but detected in lab tests
Having a single crack rock at home
Possessing 32 grams of marijuana (worth about $380 in California) with intent to distribute
Passing out several grams of LSD at a Grateful Dead show
Acting as a go-between in the sale of $10 worth of marijuana to an undercover cop
Selling a single crack rock
Verbally negotiating another man’s sale of two small pieces of fake crack to an undercover cop

comedy_nose/Flickr

Having a stash of over-the-counter decongestant pills that could be used to make methamphetamine
Attempting to cash a stolen check
Possessing stolen scrap metal (the offender was a junk dealer)—10 valves and one elbow pipe
Possessing stolen wrenches
Siphoning gasoline from a truck
Stealing tools from a shed and a welding machine from a front yard
Shoplifting three belts from a department store
Shoplifting several digital cameras
Shoplifting two jerseys from an athletic store

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Taking a television, circular saw, and power converter from a vacant house
Breaking into a closed liquor store in the middle of the night
Making a drunken threat to a police officer while handcuffed in the back of a patrol car
Being a convicted felon in possession of a firearm
Taking an abusive stepfather’s gun from their shared home

These are not typically first offenses, but nor are they isolated cases. The vast majority (83 percent) of life sentences examined by the ACLU were mandatory, meaning that the presiding judge had no choice but to sentence the defendant to a life behind bars. Mandatory sentences often result from repeat offender laws and draconian sentencing rules such as these federal standards for drug convictions:

Families Against Mandatory Minimums

The data examined by the ACLU comes from the federal prison system and nine state penal systems that responded to open-records requests. This means the true number of nonviolent offenders serving life without parole is higher.

What’s clear, based on the ACLU’s data, is that many nonviolent criminals have been caught up in a dramatic spike in life-without-parole sentences.

Among the cases reviewed, the vast majority were drug-related:

And most of the nonviolent offenders sentenced to life without parole were racial minorities.

All graphics by Associate Interactive Producer Jaeah Lee

Obviously, housing all of these nonviolent offenders isn’t cheap. On average, for example a single Louisiana inmate serving life without parole costs the state about $500,000. The ACLU estimates reducing existing lifetime sentences of nonviolent offenders to terms commensurate with their crimes would save taxpayers at least $1.8 billion.

In August, Attorney General Eric Holder unveiled a reform package aimed at scaling back the use of mandatory minimums for nonviolent drug offenders. As Dana Liebelson noted:

Under Holder’s new policy, mandatory minimums as they apply to specific quantities of drugs will no longer be used against offenders whose cases do not involve violence, a weapon, and selling to a minor, and they will also not be used against offenders that do not have a “significant criminal history” and ties to a “large-scale” criminal organization.

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23 Petty Crimes That Have Landed People in Prison for Life Without Parole

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WATCH: Get Your Very Own NSA Children’s Toy Fiore Cartoon

Mother Jones

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Mark Fiore is a Pulitzer Prize-winning editorial cartoonist and animator whose work has appeared in the Washington Post, the Los Angeles Times, the San Francisco Examiner, and dozens of other publications. He is an active member of the American Association of Editorial Cartoonists, and has a website featuring his work.

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WATCH: Get Your Very Own NSA Children’s Toy Fiore Cartoon

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Why Texting-While-Driving Bans Don’t Work

Mother Jones

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Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities.

As one might expect, single occupant vehicle crashes dip noticeably when a state legislature enacts a texting and driving ban. But the change is always short-lived, according to this study, which examined data from every state except Alaska from 2007 through 2010. Within months, the accident rate typically returned to pre-ban levels.

The researchers, Rahi Abouk and Scott Adams of University of Wisconsin-Milwaukee, attribute this pattern to the “announcement effect,” when drivers adjust their behavior to compensate for a perceived law enforcement threat—only to return to old habits when enforcement appears ineffectual. In other words, drivers might dial back their texting when they hear about a ban, but after they succumb to the urge once or twice and get away with it, they determine it’s okay and keep doing it.

“It’s different than drunk driving,” Adams said. Identifying intoxicated drivers is relatively easy, “you can give somebody a breathalyzer, you can have checkpoints.” But with texting, “it’s really hard for policemen to know” if someone’s been texting.

No one denies the dangers of texting while driving. In fact, 95 percent of AAA survey (PDF) respondents said texting behind the wheel was a “very” serious threat to their personal safety. But 35 percent of the same respondent group admitted to having read a text or email while driving in the last 30 days. Because Americans between the ages of 18 and 29 send and receive an average of 88 texts per day, and American drivers average nearly 40 miles a day, it makes sense that the Department of Transportation estimates that at any given daylight moment, approximately 660,000 people are “using cell phones or manipulating electronic devices” while driving.

State governments have attempted to curb the formation of this lethal habit. Forty-six states have enacted some kind of texting ban, with penalties ranging from a $20 ticket to a $10,000 fine and a year in prison (hey, Alaska!). Unfortunately, enforcement has seen limited success, in part because of how difficult detection is. Likewise, actual cell phone related fatality statistics are vastly underreported for a number of reasons, experts say. And, unless a driver involved in a crash admits to it, investigators may have no reason to suspect cell phone use.

The most effective bans, Adams said, were those enacted earliest. In Washington, where legislators took action in 2007, “people actually took it seriously,” at least for a time. Yet the efficacy of that ban decreased with each successive year. Likely, Adams said, because people heard “reports that these things weren’t being enforced.” In those states slower to legislate, any dip in fatalities evened out within several months.

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Why Texting-While-Driving Bans Don’t Work

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The Battle of the NSA Surveillance Bills

Mother Jones

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On Thursday, the Senate intelligence committee took a step forward toward officially authorizing some of the National Security Agency’s more controversial surveillance practices, which have recently come to light thanks to leaks from former NSA contractor Edward Snowden. The panel passed out of committee a bill allowing broad phone surveillance to continue under the Foreign Intelligence Surveillance Act (FISA). Backed by the committee chair, Sen. Dianne Feinstein (D-Calif.), the FISA Improvements Act leaves untouched the NSA’s internet surveillance dragnet, PRISM, and does little to improve oversight of the government’s surveillance powers. Feinstein’s bill will face off against legislation introduced earlier this week by Rep. James Sensenbrenner (R-Wis.) and Sen. Patrick Leahy (D-Vt.) that would significantly curb the government’s ability to sweep up the private information of Americans.

Privacy experts say that the FISA Improvements Act, which passed 11-4, codifies current surveillance practices instead of fixing the law to protect the privacy and civil liberties of Americans: “This was an opportunity for Congress to really recalibrate the statute, and it’s very disappointing that they’ve used this opportunity to cement domestic spying programs instead,” says Michelle Richardson, legislative counsel for the ACLU.

The primary focus of the bill is Section 215 of FISA. This is the part of the law that provides the legal justification for the bulk collection of the telephone metadata of Americans, including phone numbers and the date and duration of calls (but not the content of those conversations). While the bill’s language amends the statute to prevent the NSA from hoovering up phone metadata en masse, it provides gaping loopholes that could allow the agency to continue with its bulk collection practices as usual, such as if there’s a “reasonable articulable suspicion” that an investigation is related to international terrorism. The legislation also makes it legal for the government to collect and search records that are three “hops” from a target who is suspected of terrorism—in other words, a suspect, all of that suspect’s contacts, and all of their contacts. The bill makes only surface fixes and “absolutely allows for the kind of collection that is already happening right now,” according to Amie Stepanovich, the director of the Electronic Privacy Information Center’s (EPIC) Domestic Surveillance Project.

Also worrisome to privacy experts is the fact that the bill expands the NSA’s powers, by allowing the agency to track cellphone’s of non-Americans believed to be located abroad for 72 hours after they enter the United States. The bill additionally levies a penalty of up to 10 years in prison on anyone who accesses NSA information without authorization, like Snowden did.

“The call-records program is legal and subject to extensive congressional and judicial oversight, and I believe it contributes to our national security,” Feinstein said in a statement. “But more can and should be done to increase transparency and build public support for privacy protections in place.”

Feinstein’s modest reforms include limiting the amount of time the government can store the information it collects to five years, with the approval of the attorney general required to search records that are older than three years. And it requires regular reporting to Congress on all FISA violations. The bill also requires the NSA to disclose to the public annually the number of times the agency searched its telephone metadata database.

Feinstein’s surveillance bill will now go head to head with Sensenbrenner and Leahy’s legislation. They introduced companion bills in the House and Senate that would end the bulk collection of phone metadata and put strict limits on the section of FISA that has been used to justify PRISM (so that if the online information of an Americans is accidentally collected, it cannot be searched). The USA FREEDOM Act has been referred to committee.

Unlike the bills introduced by Sensenbrenner and Leahy, Feinstein’s legislation was only made public after it was passed out of committee. EPIC’s Stepanovich notes that the secrecy with the which the Feinstein bill was crafted does not bode well for real reform. “This is the problem with all of these programs,” she says. “You don’t find out about them until it’s far too late, and you have secret collection approved by a secret court, that’s now being reformed by a law that’s kept secret. It is unclear to what substantive ‘improvements’ the title of the bill refers to.”

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The Battle of the NSA Surveillance Bills

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Meet the Data Brokers Who Help Corporations Sell Your Digital Life

Mother Jones

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Serving (up) the single ladies

Datalogix tracks the spending habits of more than 110 million households using sources such as store loyalty cards. It partners with Twitter and Facebook to assess whether groups of users buy the cooking gear or brand of shampoo advertised on their social-media pages. Datalogix doesn’t know that a certain Mother Jones journalist bought a quart of Ben & Jerry’s Chocolate Therapy after changing her Facebook status back to “single,” but it can help determine whether a targeted group of twentysomething professional women who left relationships bought that ice cream.

Opt out? You can do so on the company’s website, but the request takes 30 days to process and each household member must opt out separately.

Companies that sell similar info: Acxiom, Epsilon, BlueKai, V12 Group


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Timeline: How We Got From 9/11 to Massive NSA Spying on Americans


Meet the Data Brokers Who Help Corporations Sell Your Digital Life


Six Ways to Keep the Government Out of Your Files

Dude, where’s my car?

TLO, a “background research” company, uses technology that scans and reads license plates collected by cameras mounted on parking garages, roads, and bridges from coast to coast. The company claims to have collated more than 1 billion time-stamped reports containing photographs and specific locations of vehicles, which TLO markets to law enforcement agencies, law firms, and data brokers.

Opt out? Not unless you can limit your driving to dirt roads.

Companies that sell similar info: MVTRAC, Vigilant Solutions

Cheap credit scores and…Baby Einstein videos?

With credit reports on at least 299 million consumers, Experian doesn’t just hold the key to whether you’ll get a car loan or home mortgage: It also sells “life-event” data to advertisers, marketing a database that is “updated weekly with the names of expectant parents and families with newborns,” and new homeowners, among other information.

Opt out? Experian allows users to opt out online or by phone but notes that “will not eliminate all targeted advertising.”

Companies that sell similar info: Equifax, TransUnion

Location is everything

As you surf the web, Neustar uses your computer’s IP address to determine your area code, postal code, time zone, whether you’re at home or at work, and whether you’re using your phone. They then sell this data to companies that point ads at you: “Want to meet singles in Washington, DC?”

Opt out? You can do so on Neu­star’s site, although you’ll have to do it again each time you switch browsers or get a new computer.

Companies that sell similar info: MaxMind, Digital Envoy

Background checks on steroids

You’ve seen Intelius’ ads if you’ve ever Googled your eighth-grade crush. The company sells data using more than 20 billion records on individuals, including bankruptcies, arrests, and address histories, mostly culled from public records such as driver’s license databases and court documents. Intelius also collects relevant content from “blogs or social networking sites.”

Opt out? You’ll need to send a state-issued ID card or driver’s license via fax or US mail, and wait 7 to 14 days.

Companies that sell similar info: Spokeo, PeopleFinders, BeenVerified.com

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Meet the Data Brokers Who Help Corporations Sell Your Digital Life

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Six Ways to Keep the Government Out of Your Files

Mother Jones

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1) Use open-source software
Software whose source code is publicly available is more secure than anything developed by Microsoft, Apple, or Google: Its transparency means developers can’t easily conceal security holes at the behest of hackers or governments. You’ll want open-source platforms for your browser (Firefox, for example), email (Thunderbird), and instant messaging (Jabber), all of which are virtually idiot-proof to install. Switching to open-source for your operating system (Linux is the most popular choice) seems more intimidating, but ultimately isn’t much harder than changing the format on a text document.
Nerd factor: You’ve tweaked the default settings in your apps.


Where Does Facebook Stop and the NSA Begin?


Privacy Is Dead, Long Live Transparency!


Timeline: How We Got From 9/11 to Massive NSA Spying on Americans


Meet the Data Brokers Who Help Corporations Sell Your Digital Life


Six Ways to Keep the Government Out of Your Files

2) Hide your location
Install the easily downloaded Tor Browser, which comes preconfigured to mask your IP address and, therefore, your location. Tor’s software bounces your data through several of its thousands of volunteer servers; anyone intercepting traffic will think the data came from the last server in the chain. It’s like a lightning-speed version of trying to shake a stalker by racing around town and repeatedly switching cars—it may not always work, but it makes you much harder to follow. Downside: The FBI recently acknowledged that it hacked into some Tor servers.
Nerd factor: You’ve downloaded software.

3) Encrypt
Though we learned in September that the NSA has defeated most commercially available encryption, scrambling your online activities will still foil hackers. The easily installed browser extension https Everywhere encrypts your web activity; for instant messaging, try Off-the-Record Messaging. For email, the program Pretty Good Privacy will let you set up a system of security “keys” to safeguard correspondence.
Nerd factor: You likely ride the Google bus.

4) Mind the “air gap”
If you’re serious about becoming a digital Deep Throat, buy (or better yet, build) a computer that has never been connected to the internet. If you want to give somebody else a file, encrypt it on the secure computer and physically deliver it to the recipient on a USB stick.
Nerd factor: You own The Matrix on Blu-ray.

5) Ditch your phone
In July, a federal appeals court ruled that the government can obtain your location data from carriers without a warrant. You can minimize what you share by disabling tracking functions on your apps and turning off your phone when you aren’t using it. Better yet, remove its battery (though iPhone owners don’t have that option).
Nerd factor: You own a phone.

6) Use a passphrase
A string of random common words—”jose llama tequila mountain”—is way easier to remember and way harder to crack than a single word. Because passphrases are significantly longer than passwords, they contain, as cryptographers like to put it, more bits of entropy. Now if only your bank would stop demanding at least one capital letter and one number and leave you to picture a llama on a mountain of Jose Cuervo.
Nerd factor: You remember which “o” is an ø, in your previous password.

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Six Ways to Keep the Government Out of Your Files

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Where Does Facebook Stop and the NSA Begin?

Mother Jones

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“That social norm is just something that has evolved over time” is how Mark Zuckerberg justified hijacking your privacy in 2010, after Facebook imperiously reset everyone’s default settings to “public.” “People have really gotten comfortable sharing more information and different kinds.” Riiight. Little did we know that by that time, Facebook (along with Google, Microsoft, etc.) was already collaborating with the National Security Agency’s PRISM program that swept up personal data on vast numbers of internet users.


Where Does Facebook Stop and the NSA Begin?


Privacy Is Dead, Long Live Transparency!


Timeline: How We Got From 9/11 to Massive NSA Spying on Americans


Meet the Data Brokers Who Help Corporations Sell Your Digital Life


Six Ways to Keep the Government Out of Your Files

In light of what we know now, Zuckerberg’s high-hat act has a bit of a creepy feel, like that guy who told you he was a documentary photographer, but turned out to be a Peeping Tom. But perhaps we shouldn’t be surprised: At the core of Facebook’s business model is the notion that our personal information is not, well, ours. And much like the NSA, no matter how often it’s told to stop using data in ways we didn’t authorize, it just won’t quit. Not long after Zuckerberg’s “evolving norm” dodge, Facebook had to promise the feds it would stop doing things like putting your picture in ads targeted at your “friends”; that promise lasted only until this past summer, when it suddenly “clarified” its right to do with your (and your kids’) photos whatever it sees fit. And just this week, Facebook analytics chief Ken Rudin told the Wall Street Journal that the company is experimenting with new ways to suck up your data, such as “how long a user’s cursor hovers over a certain part of its website, or whether a user’s newsfeed is visible at a given moment on the screen of his or her mobile phone.”

There will be a lot of talk in coming months about the government surveillance golem assembled in the shadows of the internet. Good. But what about the pervasive claim the private sector has staked to our digital lives, from where we (and our phones) spend the night to how often we text our spouse or swipe our Visa at the liquor store? It’s not a stretch to say that there’s a corporate spy operation equal to the NSA—indeed, sometimes it’s hard to tell the difference.

Yes, Silicon Valley libertarians, we know there is a difference: When we hand over information to Facebook, Google, Amazon, and PayPal, we click “I Agree.” We don’t clear our cookies. We recycle the opt-out notice. And let’s face it, that’s exactly what internet companies are trying to get us to do: hand over data without thinking of the transaction as a commercial one. It’s all so casual, cheery, intimate—like, like?

But beyond all the Friends and Hangouts and Favorites, there’s cold, hard cash, and, as they say on Sand Hill Road, when the product is free, you are the product. It’s your data that makes Facebook worth $100 billion and Google $300 billion. It’s your data that info-mining companies like Acxiom and Datalogix package, repackage, sift, and sell. And it’s your data that, as we’ve now learned, tech giants also pass along to the government. Let’s review: Companies have given the NSA access to the records of every phone call made in the United States. Companies have inserted NSA-designed “back doors” in security software, giving the government (and, potentially, hackers—or other governments) access to everything from bank records to medical data. And oh, yeah, companies also flat-out sell your data to the NSA and other agencies.

To be sure, no one should expect a bunch of engineers and their lawyers to turn into privacy warriors. What we could have done without was the industry’s pearl-clutching when the eavesdropping was finally revealed: the insistence (with eerily similar wording) that “we have never heard of PRISM”; the Captain Renault-like shock—shock!—to discover that data mining was going on here. Only after it became undeniably clear that they had known and had cooperated did they duly hurl indignation at the NSA and the FISA court that approved the data demands. Heartfelt? Maybe. But it also served a branding purpose: Wait! Don’t unfriend us! Kittens!

O hai, check out Mark Zuckerberg at this year’s TechCrunch conference: The NSA really “blew it,” he said, by insisting that its spying was mostly directed at foreigners. “Like, oh, wonderful, that’s really going to inspire confidence in American internet companies. I thought that was really bad.” Shorter: What matters is how quickly Facebook can achieve total world domination.

Maybe the biggest upside to l’affaire Snowden is that Americans are starting to wise up. “Advertisers” rank barely behind “hackers or criminals” on the list of entities that internet users say they don’t want to be tracked by (followed by “people from your past”). A solid majority say it’s very important to control access to their email, downloads, and location data. Perhaps that’s why, outside the more sycophantic crevices of the tech press, the new iPhone’s biometric capability was not greeted with the unadulterated exultation of the pre-PRISM era.

The truth is, for too long we’ve been content to play with our gadgets and let the geekpreneurs figure out the rest. But that’s not their job; change-the-world blather notwithstanding, their job is to make money. That leaves the hard stuff—like how much privacy we’ll trade for either convenience or security—in someone else’s hands: ours. It’s our responsibility to take charge of our online behavior (posting Carlos Dangerrific selfies? So long as you want your boss, and your high school nemesis, to see ’em), and, more urgently, it’s our job to prod our elected representatives to take on the intelligence agencies and their private-sector pals.

The NSA was able to do what it did because, post-9/11, “with us or against us” absolutism cowed any critics of its expanding dragnet. Facebook does what it does because, unlike Europe—where both privacy and the ability to know what companies have on you are codified as fundamental rights—we haven’t been conditioned to see Orwellian overreach in every algorithm. That is now changing, and both the NSA and Mark Zuckerberg will have to accept it. The social norm is evolving.

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Where Does Facebook Stop and the NSA Begin?

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