lobosloboslobos wrote:OK look, DH, I don't want to get any more worked up about this topic, which I obviously care about, than I am. I'm going to assume that your heightened concern with law and order stems from either a tragic experience with the need for law enforcement or a personal anxiety. If it's the former, I sympathize, and I know it can colour your views on these issues permanently. If it's the latter, well, happily you will find if you consult the stats that crime rates including violent ones have been falling for years, so things are looking up. Either way, locking down the internet commercially and destroying what little privacy rights remain online are not the way to reduce criminal activity. There are much better and much less destructive strategies available that I'd encourage you to focus on.
Fair enough. I have many personal reasons for feeling the way I feel that I won't get into but I'll offer one. I have a good friend who's an investigator (I won't share more than that) and after a few too many beers and a lot of poker he's shared with me the amount of challenges they face related to technology and how much harder guilty verdicts will be to come by if privacy advocates push back too much.
The amount of times law enforcement receives information from coworkers or friends or family members that an individual is showing signs of aggression, or threats, or that they may act on urges, or that the business down the street may be engaged in something horrible and the difficulty they face in properly monitoring developments because of how much research, conversation, and plotting actually occurs online, on cell phones, etc is staggering. With suspected terror they've gained increased agility to monitor developments if they convince a judge of their concern but in so many other areas they almost have to sit back and wait until the next phone call comes indicating the husband did kill the wife, or that the business was involved in a child exploitation ring that hurt a lot of kids for months before they could gather sufficient evidence to make arrests. Or that the daughter who was convinced her father was legitimately going to kill her with his uncle because he said he would did do it and the two of them had plotted it out in messages and online. They can get to some of these things after the fact now and it can be used to drive guilty verdicts but what happens if we push back too much on privacy and their ability to collect this kind of info after the fact is removed?
What if they could be more agile and monitor developments of these persons and organizations of interest for a limited period of time following a request for information and a judge order similar to what's now possible with terror suspects and see people pre-meditating, plotting, communicating with co-conspirators, and learn more about the criminal network some of these people operate in? Imagine being able to charge more people with attempted and get them mandated psychiatric help.
Sounds like hell to a privacy advocate obviously. It's almost Minority Report. However, law enforcement always had these kind of powers in the past. We trusted judges to make these kinds of decisions. It's just that the resources required to wire tap and monitor were expensive and inefficient and reserved for only the largest of sting operations and organized crime so the public concern over privacy was muted. Now, this kind of thing could be easier, less expensive and more efficient than ever before. You could even add more oversight. However, now privacy concern is enormous to such an extent that there might be push back to limit what kind of information these places can even gather, limiting what investigators could gather afterward.
With all of the terms and conditions forms we've all signed over the past 17 years for companies that have come and gone online, and all of the hacks that have occurred, and all of the data sharing that probably occurs when a dot com goes bankrupt, and all of the corrupt employees at otherwise good companies who've probably sold data for personal gain, and all of the state sponsored hacking that's occured, I'm honestly shocked at the amount of anger some people have over the idea of the institutions, whose responsibility it is to protect us and pursue convictions and secure justice, receiving updated tools and technical options for increased agility in the digital age. Prosecutors need to be able to get at this digital data to get guilty verdicts and it's entirely possible that violent crime could decrease if investigators could use some of the tools associated with the fight on terror for other persons of interest related to violent or predatory crime.
I've always been able to understand the concerns of these Sci-fi dystopias where it's all gone too far but I'm more concerned for society's sake of the worst and most violent predators that live among us than I am of powers such as these, granted by judges, and tracked, being exploited in a way where it's hurting us more than how criminals hurt society.

























