Twenty-two civil rights groups signed a letter accusing the Pentagon and the executive branch of exploiting a legal loophole to surveil Americans. The Fourth Amendment doesn't allow the government to get access to cellphone data without a judge's approval. The idea of buying its way around the Constitution has become comfortable for the Biden administration. There is a small goal pursued by the rights groups. Several people have already called for banning government purchases of sensitive personal data, but this week they are trying to achieve the least amount of transparency. It is necessary for the Pentagon to reveal purchases of data from the U.S. that would otherwise be illegal.
Sean Vitka, senior policy counsel at Demand Progress, said that the practice threatens the right to privacy.
The amendment was buried in the draft of the military budget. The Jacobs-Davidson amendment was approved by the House in July and requires the Pentagon to begin publishing annual reports about the types of personal data it gets in exchange for anything of value.
The location data pulled from cellphones, records of internet browsing, phone calls, and text messages originate in the US and are not burdensome.
“I just says, look, you’re buying all this data — what are you buying? It doesn’t even ask why.”In a letter to the chairs and ranking members of the two armed services committees, the rights groups said they were in favor of the amendment.
The members of the Senate armed service committee were asked if they supported the amendment. Neither office declared for it.
The provision's requirements are far from radical, according to Rep. Warren Davidson, a Republican from Ohio. Why doesn't even be asked.
The Jacobs-Davidson amendment doesn't require the military to change anything, nor does it insist on any further auditing. Davidson said it was benign. It is a first step in the right direction. The Department of Defense is buying a lot of stuff.
This amendment is crucial to enabling congressional, judicial, and public oversight because this unconstitutional checkbook surveillance currently occurs without any Congressional or judicial authorization or oversight.
The government is buying its way around the Fourth Amendment if the modest transparency requirement is not preserved. The Senate companion introduced by Wyden and Daines should be supported by all senators. The Senate armed services committee needs to keep this language in the bill.
The Brennan Center for Justice at NYU School of Law is one of the cosigners. You can find a full list of the signers here.
A wave of calls to action around the government's seemingly endless thirst for Americans' personal information has already been seen.
The Federal Trade Commission was urged to investigate by another California Democrat two weeks ago.
Consumers don't realize that their Fourth Amendment rights are at risk when they download and use free apps on their phone. She said that it was hard to imagine anyone agreeing to this.
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