In the shadow of years of inaction by the US Congress on comprehensive privacy reform, a surveillance state has been quietly growing in the legal system's cracks. Little deference is paid by prosecutors to the purpose or intent behind limits traditionally imposed on domestic surveillance activities. More craven interpretations of aging laws are widely used to ignore them. As the framework guarding what privacy Americans do have grows increasingly frail, opportunities abound to split hairs in court over whether such rights are even enjoyed by our digital counterparts.
“I’ve been warning for years that if using a credit card to buy an American’s personal information voids their Fourth Amendment rights, then traditional checks and balances for government surveillance will crumble,” Ron Wyden, a US senator from Oregon, says.
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The Office of the Director of National Intelligence (ODNI) did not immediately respond to a request for comment. WIRED was unable to reach any members of the senior advisory panel, whose names have been redacted in the report. Former members have included ex-CIA officials of note and top defense industry leaders.