PRISM: Do Apple, Google, Facebook have an ethical obligation not to spy on users?

“Many Americans are outraged at the government for mining user data from Apple, Google, Facebook and other Silicon Valley giants,” Christopher Flavelle writes for Bloomberg. “What about the actions of the companies themselves — have they met their ethical obligations to their customers and society as a whole? Do they even have any?”

The Washington Post reported that the National Security Agency collects data ‘directly from the servers’ of Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple,” Flavelle writes. “While some companies issued carefully worded denials of involvement, it’s hard to imagine they were unaware of the arrangement, however they choose to describe it.”

“Assuming that the companies found the program an infringement on our liberties, could they have declined to provide the government the information it requested? Ultimately, probably not; it seems unlikely they would have met the requests had they not faced a legal obligation to comply,” Flavelle writes. “But legal and ethical obligations aren’t necessarily the same thing.”

Flavelle writes, “Take the recent case of Apple’s use of Irish subsidiaries with no tax residency to avoid U.S. taxes; the tactics may be legally sound, but ethically dubious. Now turn that around: If companies are willing to go to such lengths to get around U.S. tax law, is it too much to ask that they apply the same creativity to avoiding the surrender of their customers’ private information? In Apple’s case, that may have happened. Apple looks to have resisted the government’s requests for years. What does that say about other companies, which complied more quickly: Are they better corporate citizens, or worse? … maybe it’s time to revisit what it means for a company to be a good corporate citizen, and whether that includes acting as a check on the government when no one else can.”

Read more in the full article here.

Matt Spetalnick and Steve Holland report for Reuters, “‘In the abstract you can complain about Big Brother and how this is a potential program run amok, but when you actually look at the details, I think we’ve struck the right balance,’ Obama said, noting that a secret federal court reviews requests for surveillance and that Congress is briefed on such activity.”

MacDailyNews Take: Collecting information on trillions of phone calls and internet communications, is “the right balance?”

Spetalnick and Holland report, “‘You can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience,’ Obama said. ‘We’re going to have to make some choices as a society… There are trade-offs involved.'”

MacDailyNews Take: You can’t have 100 percent security. Period. (See: 2013 Boston Marathon finish line.)

As for “trade-offs:”
They who would trade essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. — Benjamin Franklin (paraphrased)

Spetalnick and Holland report, “U.S. law enforcement and security officials said the government was likely to open a criminal investigation into the leaking of the highly classified documents on the programs to the Post and Guardian… Obama’s administration was already embroiled in other privacy controversies involving the searches of telephone records for Associated Press reporters and the phone records and emails of a Fox News reporter as part of leak investigations. Those controversies, along with a scandal over the Internal Revenue Service’s targeting of conservative groups for extra tax scrutiny and questions about the handling of last year’s deadly attack on a U.S. diplomatic compound in Benghazi, Libya, have cast a cloud over Obama’s second term.”

“The relationship between the government’s surveillance program and the internet companies remained murky on Friday,” Spetalnick and Holland report. “Some of the companies named by the Post – Google, Apple, Yahoo and Facebook – denied that the government was able to tap directly into their central servers, as the newspaper reported… The statements from the technology companies seemed to suggest the government had gone to the secret Foreign Intelligence Surveillance Court to obtain orders to force cooperation from some or all of the internet companies.”

The Washington Post said the surveillance program involving internet firms, code-named PRISM and established under Republican President George W. Bush in 2007, had seen ‘exponential growth’ under Obama, a Democrat. It said the NSA increasingly relied on PRISM as a source of raw material for daily intelligence reports to the president,” Spetalnick and Holland report. “Erwin Chemerinsky, a law professor at the University of California, Irvine, called the program ‘deeply disturbing’ and beyond what should be constitutionally acceptable. ‘It is a huge gathering of information by the federal government. The argument that it protects national security is unpersuasive,’ he said.”

Read more in the full article here.

MacDailyNews Take: PRISMOrwellian.

Via The Electronic Frontier Foundation (EFF):

The Obama administration is defending this surveillance. A senior official in the Administration stated that these programs “comply with the Constitution” and “appropriately protect privacy and civil liberties.”

They’re wrong.

It’s time for a full accounting of America’s secret spying programs—and an end to unconstitutional surveillance.

When the government was caught spying on American citizens in the 1960s and 70s, Congress created the Church Committee to right the government’s wrongs. Recommendations from that commission resulted in legal reforms that ensured judicial oversight of surveillance programs. Congress must act in a similar fashion and create a 21st Century Church Committee and enact strong legislation to rein in the Executive Branch and protect our communications.

For far too long, secret law and a secret surveillance state have been a dark specter on Americans’ freedom. It’s time to shine a light on NSA’s spying.

Join EFF in calling for a full investigation here.

United States Constitution, Amendment IV:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Related articles:
Plausible deniability: The strange and unbelievable similarities in the Apple, Google, and Facebook PRISM denials – June 7, 2013
Google’s Larry Page on government eavesdropping: ‘We had not heard of a program called PRISM until yesterday’ – June 7, 2013
Seecrypt app lets iPhone, Android users keep voice calls, text messages away from carriers, government eyes and ears – June 7, 2013
Obama administration defends PRISM data-collection as legal anti-terrorism tool – June 7, 2013
Facebook, Google, Yahoo join Apple in sort-of denying PRISM involvement – June 7, 2013
Report: Intelligence program gives U.S. government direct access to customer data on Apple servers; Apple denies – June 6, 2013

80 Comments

  1. While this level of data mining is disturbing it should be hardly surprising. We the people made this level of concession after 9/11 in our need for a feeling of safety. Since 9/11 we have been unwilling relinquish any of that false since of security and accept that we cannot hold the government completely responsable for any failure to protect us, while also respecting all of our suposed freedoms. Personally I am willing to give up some of that security for my freedom but I do understand that there is a tradeoff. I am more concerned with googles massive data mining in order to sell me for more money.

  2. I’d say if you want total privacy then you can’t even be born. Because the minute you are born you are identified and your information is stored and collected. That’s the only way you will ever not have your info used some where else at any point in time. Privacy is an illusion in the modern world especially if you go near the internet. Also if you want our government to protect us from terrorists and not have Boston a thousand times over I wouldn’t worry to much unless you are one of those terrorists. The government doesn’t care about what you do unless you are one of those terrorists. I think that’s what Obama is trying to tell the American people.

    1. This war of terrorism is probably just a big lie that the puppet masters want us to believe so as to impose control & remove ability to dissent, the goal of any communist or fascist dictatorship. Sure there are crazies in the world, but not even a 1984 martial law state will stop that. After all, everyone is crazy.

  3. In the Nuremberg trials, it was said: ” If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”

    1. Wz:

      You’re too rational for people here. The Nurmberg quote about the state lying to people where people think it’s the truth is bang on. This is part of the delusion. And it happens with companies too. I read a book about Jobs and Apple from the 80s that talked about how Jobs learned about Nazi brainwashing techniques.

      This sounds worse than it is: It’s been widely studied and discussed to the point where there’s schools of thought around it.

      This is what’s delusional. Apple lies and lies and you believe them. Microsoft lies and lies and MS fanboys believe them.

      From Apple’s stock dating scandal, to their tax havens… to their blatant lying about it and a bunch of other shit… they’re fucked. But there’re just like every other company.

      We need change. But it’ll never happen in this economic and political system.

      1. Thanks for the compliment. I have to put myself as one of those fanboys that loved Apple products, and believed Steve Jobs had integrity, unlike current leadership it seems from this Prism scandal. Don’t want that wonderful iWatch because of this. I agree psychology is a common tool for companies and countries. Vance Packard said, “The most common characteristic of all police states is intimidation by surveillance. Citizens know they are being watched and overheard. Their mail is being examined. Their homes can be invaded.”

  4. Also said there was: “Why of course the people don’t want war. Why should some poor slob on a farm want to risk his life in a war when the best he can get out of it is to come back to his farm in one piece? Naturally the common people don’t want war neither in Russia, nor in England, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same in any country.”

  5. The problem with email technology, imo, is that it should have been named something along the lines of e-post card. After all, hindsight has shown that naming electronic message technology after snail mail has confused a lot of computer users who don’t know how computers work, such users understandably but mistakenly thinking that email is as free from prying eyes as snail mail is.

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