232 pointsby cf100clunk4 hours ago22 comments
  • jmward014 minutes ago
    I have wrestled with the concept of 'classified' many times. The question is always how you balance democracy's need for information with the real need to keep some things away from adversaries. I think the only answer is to vigorously enforce automatic declassification AND dissemination but also ensure that this happens within the useful lifetimes of those involved. This last part is especially important for accountability. Laws need to apply, without a statute of limitation, to abuse of classification and for that to happen this stuff needs to come out while those involved can still be held accountable. Additionally, if abuse is found while something is still classified there should be an immediate evaluation if the public interest in understanding the abuse outweighs the danger of releasing the information with an explicit understanding that the public has already received real harm compared to a theoretical harm of release.

    Another aspect is that we need to lower the bar for declassification in general. The reality of classified information is that it is almost universally boring and time limited in its value. Also, so many people have access to it that it leaks out slowly anyway. Just look at how much of the US military and contractors have or have had secret and higher clearances. [1] When multiple percentage points of Americans (and other governments) have access currently or have had access in the past to supposedly 'top secret' information then hiding it from the rest of the population just sounds silly. It is time to start re-asserting the public's requirement to be informed even if that has some potential risks or even actual harms associated with it.

    [1] https://news.clearancejobs.com/2022/08/16/how-many-people-ha...

  • wing-_-nuts3 hours ago
    Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about', but my line of thinking is not 'do i trust the government' it's 'do I have faith in all future forms of government who will have access to this data'

    Given how fast and lose I've seen the DODGE folks play with the data they have, absolutely not. I still shudder over the fact that my OPM data was hacked years ago

    • AnthonyMouse5 minutes ago
      > Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about',

      "Saying you don't need privacy because you have nothing to hide is like saying you don't need freedom of speech because you have nothing to say." - Edward Snowden

    • tomwheeler2 hours ago
      > it's 'do I have faith in all future forms of government who will have access to this data'

      And even this assumes that the government can and will protect the data from the various bad actors who want it, something they have absolutely failed to do on multiple occasions.

    • alpple3 hours ago
      if you're not doing anything wrong, a government that is doing something wrong may not like it
      • EGreg2 hours ago
        This, exactly.

        And governments are always doing something wrong...

    • briffle2 hours ago
      I have seen what happens with garbage-in/garbage-out in databases, so this kind of stuff terrifies me. I often think of a case where we had a person listed twice in our database, with same address, birthday, etc, only thing different was gender, and last 2 digits of SSN were transposed..

      After we 'fixed' the issue a few times, they BOTH showed up to our office.

      Both Named Leslie, born on same day, a few small towns apart, same last name and home phone since they had been married. Back then, SSN were handed out by region sequentially, so one had the last two digits 12 and the other 21.

      • cestith2 hours ago
        My uncle married a woman with the same first and middle name as one of his sisters. My new aunt chose to use her husband’s name as her married name, without hyphenation or anything. His sister, my aunt, never married. One was an RN and the other is an LPN.

        They were born in different years. Their SSNs were not close. For one of them the name was her maiden name. For the other, a married name. They went to different colleges and had different credentials. They did live in the same town.

        When my aunt died, all the credit companies and collections companies tried one of two recovery tactics. Some tried to make her brother pay the debts as her surviving spouse. The others tried to assert that the debts were incurred by his wife and that the mismatch of other data in their own databases was evidence of fraud.

      • quesera2 hours ago
        That's funny as a human, amazing as a developer, and terrifying as a data processor. All at the same time.

        I'll bet that pair has stories to tell.

        • Ancapistani2 hours ago
          I'm a man in my 40s. My eldest daughter is 17. We have the same first name (spelled differently, at least) and have had many cases where medical records have gotten confused.

          We always double-check dosages for medications before taking them.

        • briffle2 hours ago
          They both showed up in person, because that was NOT the first time that had happened.
      • LorenPechtel24 minutes ago
        Being married to someone with the same name could be very confusing!
    • kasey_junk2 hours ago
      Does anyone ever actually use that line? Most people will argue that the trade off in privacy is worth it for security.

      That is, if you frame your argument such that you believe people don’t understand the trade off it allows you to not engage with the fact they just disagree with your conclusion.

      • Zigurd2 hours ago
        Have you ever sat on a jury in a criminal case? A frighteningly high percentage of people will swallow every lie a cop tells, even when thoroughly discredited in cross-examination. There's no shortage of people to guard the concentration camps.
        • jrockway23 minutes ago
          I've been on a grand jury... the cops lied through their teeth, couldn't keep their stories straight through a prepared monologues reading from notes and ... everyone in the room picked up on it and didn't indict the suspects. Our grand jury was so cynical the DAs stopped giving us cases and made the other two grand juries stay late to make up for the lost capacity. It was great. We did something good. And it was just a bunch of random people from Brooklyn.

          The establishment likes to pat the establishment on the back but ordinary people seem to know what's up. In my minimal experience, anyway.

          (One thing to keep in mind... grand juries really are a cross-section of the population, whereas lawyers get to select jurors after talking to them, so there is some selection bias on ordinary juries that grand juries don't have.)

      • arealaccount2 hours ago
        Yes all the time and it’s not worth debating them as they are not about to say anything interesting.

        Usually just make a quip about having curtains then move onto discussing just how moist the turkey is this year

      • wat100002 hours ago
        Constantly. Most people have a hard time dealing with tradeoffs and think in absolutes. It goes along with "if you're not a criminal, you have nothing to fear from police," another disturbingly common sentiment.

        Some prominent examples:

        https://www.bbc.com/news/uk-22832263

        https://www.instagram.com/reel/DSVJmOajGDe/

        https://thestandard.nz/if-you-have-nothing-to-hide-you-have-...

      • rootusrootus44 minutes ago
        > Does anyone ever actually use that line?

        Not that exact phrase, it is too elaborate. Most people grunt "eh, don't care" and "it's free, right?"

        The average person really is that apathetic.

      • fragmede2 hours ago
        The mistake would be reading Hacker News and walking away with the conclusion that because people don't post that reasoning here that it doesn't exist (and even then, you do find that does come up here on occasion). People with "nothing to hide" do actually believe that, and while they may not post it to HN for vigorous debate. The easy counterexample from history is the list of Jews kept by the Netherlands which was later used against them after they were conquered by Nazi Germany, but you'd have to interested in history to buy that reason. Some people simply shrug at the "if you don't have anything to hide then you won't mind me filming your bedroom" scenario as you being the creep in the equation. Some people just don't want the trouble and are fine with being surveiled because the powers that be are doing it.
    • quickthrowman2 hours ago
      > but my line of thinking is not 'do i trust the government' it's 'do I have faith in all future forms of government who will have access to this data'

      This is how I view privacy as well. You never know who will be in power and who will access that information in the future with ill intent.

      This line of thinking kept me away from the Mpls ICE protests. All of the people that protested had their face, phone, and license plate recorded and documented.

      I’m not even afraid of being persecuted by the current administration, it’s the possibility of a much worse administration in the future that gave me pause.

      • hollywood_courta minute ago
        This is why I deleted all of my social media when it began to look like Trump was going to win his second term. I had already suffered enough harassment and death threats from the Nextdoor app and a bit of the same from Facebook.

        I know I'm already on some GOP list somewhere, but I figured I'd do whatever I could do to protect myself and my family from the local MAGAs in my area.

      • CamperBob2an hour ago
        I’m not even afraid of being persecuted by the current administration, it’s the possibility of a much worse administration in the future that gave me pause.

        Unfortunately, your (entirely understandable) position is exactly what will enable such an administration to come to power.

        What you are doing in 2026 is what you would have done in 1936.

      • EGreg2 hours ago
        Not even future governments. There's also this: https://www.eff.org/deeplinks/2024/10/salt-typhoon-hack-show...
    • CamperBob2an hour ago
      Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about'

      The people who say "I'm not doing anything wrong, so I have nothing to hide" simply don't understand that it's not their call.

    • the_afan hour ago
      > Everyone who's not terribly worried about privacy always uses the line 'if you're not doing anything wrong, you have nothing to worry about'

      The right way to reply to that is: not everything that's legal must be public.

      You probably don't want the rest of the world to see you poop, or pick your nose, or listen to every word you say. Almost everyone has things they'd be embarrassed to disclose to other people. And this can be weaponized against you should any rival gain access to it.

    • themafiaan hour ago
      "If you have money in your pocket you always have something to worry about."
    • capricio_onean hour ago
      [flagged]
    • dylan6042 hours ago
      DOGE != DODGE

      They may have dodged, ducked, dodged the rules while they DOGE'd their way through the government, but not sure if they used RAM trucks while they did it

  • tehwebguy2 hours ago
    The interpretation of the law is classified? That’s stupid and everyone who protected that classification, regardless of whatever the interpretation is, is a traitor!
    • simulator5g2 hours ago
      Secret laws, secret courts... Jeez, man.
      • Analemma_2 hours ago
        This is why I'm never giving a penny to OpenAI again, now matter how much damage control Altman tries to do with "look, we reworded the contract to have redlines too!". Yeah, legal redlines that the administration can bypass with their secret memos and secret rubberstamp courts. This isn't even a Trump thing: the Bush DOJ wrote secret memos making torture legal, the Obama DOJ wrote secret memos making it legal to assassinate American citizens. Non-technical redlines which aren't under the vendor's control aren't worth a piss squirt.
        • palmoteaan hour ago
          > This is why I'm never giving a penny to OpenAI again, now matter how much damage control Altman tries...

          Altman is like Musk: he showed his true colors long before the current politically-inflected drama.

          Musk was over-promising about self-driving, so much and for so long it became pretty clear he was a shameless liar. There are also so many reports of Altman lying (e.g. that's apparently why he got fired) and engaging in Machiavellian manipulations that you can be pretty sure he's a shameless liar too.

        • Gud2 hours ago
          By using ChatGPT, OpenAI are losing money.

          So if you want them to die faster, use their services.

          • Analemma_an hour ago
            Contra the popular memes, I don’t think they’re losing money with every query sent (the money pit is capex on new models and hardware, but I don’t think inference itself is unprofitable), so this wouldn’t actually work.

            I was already paying for Claude Max before the War Department fiasco, so there’s not much more I can do to hurt OAI apart from complain about it online, although I did persuade several people on various group chats I’m on to switch.

    • stackghostan hour ago
      Probably the actual classified artifact is an NSA policy document that details the NSA's own interpretation of the law and thus forms part of its governance.
  • blueone2 hours ago
    I’ve stayed private for most of my adult life. Network wide dns, vpns, alternative personas online for different purposes, etc. Nonetheless, my personal data has been exposed numerous times.

    Once in a while, I’d get into a conversation with a friend or a stranger I met at some random function, and they’d ask how to stay private online and protect their data. I used to go in depth about how to do it, with excitement. Now I just say: be normal, fit in with the crowd, freeze your credit.

    • MengerSpongean hour ago
      It's very hard to participate in a digital society while truly remaining private. The things you do to ensure privacy generate their own type of unique signal!

      https://chuniversiteit.nl/papers/browser-extension-fingerpri...

      You know this, but "normal" patterns are less remarkable.

    • newsclues2 hours ago
      As someone that worked in an illegal industry (urban pharmaceuticals), you need to appear normal and hide your crimes. If you just hide your crimes, you stick out and become a target.

      Plausible deniability is harder than just total protection.

  • JohnMakin3 hours ago
    I can't imagine it's anything people haven't been suspecting for years - if I had to take a wild guess, it's the government's interpretation of not needing a warrant to scour things for intelligence on citizens using things like adtech and stuff that probably should require a warrant.
  • anigbrowl2 hours ago
    The whole concept of 'secret interpretations of law' is anathema to me. Secret information makes sense, there are lots of reasons a government might legitimately want to maintain a veil of obscurity. Secret interpretations of law are a manifestation of tyranny.

    I like Ron Wyden but he should just employ his Congressional privilege here and read it out.

  • contubernio3 hours ago
    Secrecy is anathema to governance accountable to the governed.
  • snowwrestler2 hours ago
    The warnings are nice but he could just say what it is. Members of Congress have immunity for what they say on the floor of their chamber in session, classification or no.
    • alwa2 hours ago
      Immunity from prosecution, maybe, but not immunity from consequence. I can’t imagine congressional leadership would think of it as a good look—and isn’t the “need to know” based on the congressperson’s role? For example don’t they brief only congresspeople in specific roles on specific matters, like the so-called “Gang of Eight” on intelligence matters? [0]

      It feels a little like keeping the filibuster around: maybe technically it’s within their power to change the norm, but once unilaterally spilling secrets becomes The Done Thing, it’s hard to imagine it wouldn’t spin out into a free-for-all.

      For all the mud that gets slung around, I think congresspeople really don’t get there without some kind of patriotic instinct, some kind of interest in the United States’ ongoing functioning. And I certainly can’t imagine they’d keep getting access to new secrets after pulling something like that, one way or the other…

      [0] https://en.wikipedia.org/wiki/Gang_of_Eight_(intelligence)

      • anigbrowlan hour ago
        You can say the same thing about secret laws and tyrannical executives.
      • themafiaan hour ago
        > congressional leadership would think of it as a good look

        Why do they have any power? Wyden was elected by his constituency. The "congressional leadership" can go pound sand. To the extent they have any power here it should immediately be completely neutered and then removed.

        • Hizonner29 minutes ago
          They can remove him from all his committees, including the ones that give him access to this stuff to begin with. If they really work at it, they can freeze him out to the point where he can't get anything done on this or any other issue. And they can use him revealing the information as an excuse to avoid blowback from their own constituents. It's not as bad as in the House, but it's pretty bad. Oh, and they can probably deprive him of the floor the second he starts to say anything "interesting".

          Yes, there are serious problems with the way Congress is organized, but there's probably a reason that practically every parliamentary body on the planet has similar problems.

  • dlev_pika2 hours ago
    So glad to see my Oregon senator regularly on the money.
  • dmixan hour ago
    FISA courts are not sufficient oversight of this stuff. Not to mention there’s little rules for foreign data, including Americans talking to foreigners on the phone. As long as one end is foreign…
    • query_demotion28 minutes ago
      You're right. FISA courts are not sufficient oversight. Even Judge James Robertson resigned from the FISA Courts (FISC) in 2005 because:

      >On December 20, 2005, Judge James Robertson resigned his position with the court, apparently in protest of the secret surveillance,[11] and later, in the wake of the Snowden leaks of 2013, criticized the court-sanctioned expansion of the scope of government surveillance and its being allowed to craft a secret body of law.[12] The government's apparent circumvention of the court started prior to the increase in court-ordered modifications to warrant requests. In 2011, the Obama administration secretly won permission from the Foreign Intelligence Surveillance Court to reverse restrictions on the National Security Agency's use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans' communications in its massive databases.

  • djoldman16 minutes ago
    As I've said before:

    "I don't need to care about privacy because I have nothing to hide" is trivially disproved:

    Humans arrive at conclusions about other humans based on information. Sometimes these conclusions are incorrect because humans aren't perfect at reasoning and this happens more often with some kinds of information.

    Therefore, it's perfectly rational to hide/not-disclose/obscure some information to lessen the chance that others take action based on faulty conclusions.

  • rootusrootusan hour ago
    One of the things I am proud of as an Oregonian is that Wyden is one of my senators. And it looks like maybe, possibly, he is starting to make Merkeley a true believer as well. Which is good, Wyden is getting kinda old, and there aren't enough people like him in Congress, by a long shot.
  • root_axisan hour ago
    It's been my experience that most people already assume full surveillance of everything happening on all devices.
    • ionwakean hour ago
      You'd be surprised, I know IT managers with 20 years experience who ( probably incorrectly) think otherwise.
    • kittikittian hour ago
      I think it's going to be more about how many people have access to the surveillance who might use it for needless things or personal reasons, at a large scale.
  • jeffrallen3 hours ago
    Wyden is a national treasure.

    Thank you for your service, Ron.

    Also: Hello from Roseburg.

    • davidw3 hours ago
      I hope we get someone as good as he is when he retires. Waves from Bend.
    • dlev_pika2 hours ago
      Wyden is a vote I cast without issue.

      He is one of the few that is actually looking into Epstein bank accounts movements.

  • phendrenad23 hours ago
    I looked up Section 702 and top result was an official government powerpoint justifying it to the public. https://www.dni.gov/files/icotr/Section702-Basics-Infographi...

    Under "Oversight", they point out that the Privacy and Civil Liberties Oversight Board concluded that that the government's Section 702 program operates within legal constraints, as recently as 2014! Wow! </sarc>

  • bram982 hours ago
    Whatever we imagine, the NSA seems to top it each time.
  • losvedir3 hours ago
    Wyden has been special, as long as I can remember. I feel like a lot of us early tech people had something of a libertarian bent. I think to some extent I've grown out of it in my less idealistic older age, but the whole idea of freedom from the government, living your own life, not being spied on, still resonates with me, and Wyden has always been a champion of it to some extent. You used to have Ron Paul, and these days now Rand Paul and Thomas Massie sometimes waving that flag, too.

    It was definitely swimming upstream in the post-9/11 days. I was hopeful for a while with Trump that we'd see more of a mainstream resurgence, but it's not looking like it to me anymore.

    Anyway, I can only imagine what he's alluding to here...

    • dlev_pika2 hours ago
      I think he is a reflection of the broader libertarian streak of Oregonians.

      Source: am Oregonian.

  • electronsoup3 hours ago
    If it was so important, wouldn't he just filibuster it till he got what he wanted?
    • Hizonner27 minutes ago
      Filibuster what, exactly? No proposal is before the Senate...

      ON edit: Oops, sorry, 702 is up for renewal. Still not clear he could win a cloture vote, though.

    • nozzlegear2 hours ago
      It's my understanding that a single senator can't just filibuster anything they want unless the conditions are right. It depends on a few different factors and requires the bill to be brought to the floor for debate, which itself would require cooperation from the majority leader. That's not likely to happen.
    • recursivecaveatan hour ago
      If you're solo you have to actually stand up and talk still it seems. (And even then a 60+ person majority can vote to close the debate on you) Nobody has done it solo for more than 24 hours or so. Presumably at that point you're about ready to keel over.
    • kelnosan hour ago
      He needs 40 other Senators to agree with him; 60 votes can close debate and stop a filibuster.
  • markus_zhang3 hours ago
    I wouldn’t be surprised by anything nowadays.
    • 2 hours ago
      undefined
  • kittikittian hour ago
    I'm going to guess warrantless search of all of our data, retention policies, and the worst part is who gets access to search through it. Basically, I speculate that anyone under a loosely defined classification would be able to access it legally. I also think there's a bunch of information and password sharing between people who don't even have a clearance for it. Perhaps sprinkle in abusing this system for personal or political reasons.

    My word of caution is if you do have access to these systems or a shared password, tread very carefully.

  • ticulatedspline3 hours ago
    Will we? like doesn't everyone already assume the the NSA has had their hooks in basically everything possible.

    Like I'm having a hard time concocting a reveal that would be "Stunning"

    "NSA wiretapped all major phone carriers, recorded every voice conversation and text message of every citizen"

    Meh, not that stunning. at least not in a "violation of rights" kinda way. Maybe in a "wow they had the technical acumen to even handle all that data" kind of way

    "NSA has secret database with all medical records", "NSA has logs of every credit card transaction", "NSA can compel anyone anywhere to spy and reveal all data on anyone for any reason"

    Would any of these reveals actually be "stunning", frankly I've assumed the worst for so long that the response will be more like "wow, that all they're doing?"

    like opening a diaper on a kid with IBS, you expect it to be so bad when it's a normal turd you're suddenly really happy about shit.

    • Rooster613 hours ago
      That's not what the quote is referring to directly (the title is a bit misleading):

      "In fact, when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information"

      You are correct that the American populace has normalized this already. The fact that this is done without congressional oversight is indeed stunning. Or at least it would have been a decade or two ago.

    • embedding-shape3 hours ago
      > Would any of these reveals actually be "stunning",

      Everyone knew the NSA spied on everyone, yet Snowden leaks were truly stunning, because no one had evidence of the sheer scale of what the NSA (and collaborators) were engaged in. Wyden Siren was already firing off about that many years beforehand, before we knew the actual truth, so considering his record, I'm also skeptical it'll be "truly shocking" for the average HN tech-nerd, but for the general public, to have evidence of what the government does? Probably will be "stunning", but the one who lives will see.

      • rockskonan hour ago
        So - given the law allows the NSA to do things given legal constructs, reality be damned, then what new legal construct do you think Wyden is sounding the alarm about?

        When we un-tether the possibile from tech-specific delineations, you'll find things get more and more alarming.

        Whatever it is Wyden is sounding the alarm about, you can be certain the sole protection we have - the sole guiding principle and bulwark against abuse - is the agency's culture given the rampant "incidental" collection and the public claims that putting the equivalent of a removable sticky-note over the names of U.S. citizens from their personal data is sufficient to satisfy the 4th Amendment as the NSA searches through our persinal data in bulk.

        And what is culture if not the people we have to promote the practices?

        Boy am I glad we have an administration that lets agencies largely lead themselves and doesn't engage in efforts to replace a large part of various agency's workforce - specifically those who care about the agency's culture!

    • lokar3 hours ago
      HN readers won't be surprised, but I don't think that's who he is talking about.

      Most Americans have this kind of thing tuned out, that have bigger issues in their lives.

    • imglorp3 hours ago
      Don't forget backdooring or interfering with multiple cryptography standards, at least Dual_EC_DRBG and RSA.

      Or backdooring most major microprocessors (tpm).

      Etc?

      • runjake2 hours ago
        To which TPM backdoors are you referring?

        I am aware that similar accusations are leveled against Intel ME and AMD's Platform Security Processor.

    • cucumber37328423 hours ago
      I wouldn't be surprised by it, but "they're actually using all of the above, laundered through some extra steps, to provide leads to state and local LEO" would probably get people pissed off.
      • HoldOnAMinute2 hours ago
        Soma ( social media ) keeps everyone comfortably sedated
        • bram98an hour ago
          anxiously sedated
    • TimorousBestie3 hours ago
      > Would any of these reveals actually be "stunning", frankly I've assumed the worst for so long that the response will be more like "wow, that all they're doing?"

      You’re far more cynical than the typical citizen, who Ryder is addressing.

  • IshKebaban hour ago
    Uhm this article is a total lie, no?

    Claim: We’ll Be “Stunned” By What the NSA Is Doing Under Section 702

    Actual quote: I strongly believe that this matter can and should be declassified and that Congress needs to debate it openly before Section 702 is reauthorized. In fact, when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information.

    He said people will be stunned that it took so long to be declassified; not that people will be stunned by what it is.