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data collection
Your Data or Your Life: DOGE’s Highway Robbery
The greatest public theft in human history is happening right now.
Feb 28, 2025
Our social imaginations have failed to keep pace with our technological imaginations. That has left us unguarded against today’s fast-moving, multi-pronged assault on our individual and collective autonomy.
DOGE isn’t just a power play for the levers of government power. It’s also the greatest theft of a public resource in human history. That resource is data: our aggregated data, in the form of research studies, along with some very personal individual information.
In a very real sense, the fight for this data is a fight for the future.
Our Data Belongs to Us
Last year, I wrote a piece for Current Affairs magazine entitled, “The Only Ethical Model for AI is Socialism.” My main argument was, and is, that the “large language models” (LLMs) behind today’s “chatbot” AI are both a public product and a public good. As I wrote then, “LLM AI was created by humans, billions of them, as they used the internet... a chatbot is a collectivity. Because it’s produced by everyone, it can’t ethically be owned by anyone.”
In the 20th century, military juntas seized radio stations whenever their coups began. Today’s data hijackings represent something similar, but with even more draconian implications.
I’m willing to defend that argument with anyone—socialist, Keynesian, or libertarian. In retrospect, however, I probably failed to fully convey the ruthlessness and brutality of Big Tech’s executives. Maybe I didn’t fully believe it myself. Now, everyone can see it.
Which gets us to the news of the day. The dozens of executive orders, the mass firings, the bizarre flurry of unauthorized memos to workers, the name-calling and intimidation: They’re all important. But the data dimension of this assault has been underemphasized. That must change
Elon Musk et al. are thinking big—bigger than most of their opponents can imagine.
The Great Theft
In the 20th century, military juntas seized radio stations whenever their coups began. Today’s data hijackings represent something similar, but with even more draconian implications.
People became rightfully alarmed when “DOGE” apparatchiks, some barely out of their teens, demanded access to federal payment systems. But there’s an even bigger target: information. The federal government’s massive databases have incalculable value. Their data can be used to manipulate public opinion, reshape policy, and accelerate the privatization of public resources. In a real sense, it can be used to reshape reality.
The leaders of DOGE’s tech jugend understand this. They proved that when they shut down more than 8,000 pages from more than a dozen government websites, going well beyond President Donald Trump’s anti-DEI directive. They took down over 3,000 pages from the U.S. Census Bureau, for example—mostly datasets and surveys used in debates about government policy. They also deleted nearly 1,000 pages from the Centers for Disease Control and Prevention on innocent topics like preventing chronic disease, early detection of Alzheimer’s, and guidelines for treating sexually transmitted diseases. Some of these deletions may be the work of overzealous youngsters, but there are too many to dismiss as happenstance.
These databases contain collective or amalgamated data—on income, labor status, health, environment, and more. They represent millions of person-hours of research intended to benefit the public, not private entrepreneurs or totalitarian leaders.
Digital Big Brother
The assault on our individual data is equally frightening, if not more so. This data can be used to change our behavior, to target vulnerable groups for exploitation—even for blackmail, if it should come to that.
Take just one resource: health information. The federal government’s health data could be used to profile virtually anyone’s overall health, their past care, their mental state (if treated), and in some cases their sexual or recreational drug preferences. Equally sensitive information can be found at the IRS, the Treasury Department, and throughout government.
This information is also invaluable to Musk and his business associates, providing a competitive advantage that could help them build new monopolies. The highly competitive AI economy runs on data, and the U.S. government is the largest untapped data source in the Western world.
Data is power. If the right-wing coup officiants succeed in seizing it, that power could be theirs forever.
Again, let’s use health as an example. The federal government manages one-third of the U.S. health economy. With that data, a corporation could predict doctor and patient behavior. They could map prescription habits by doctor, doctor specialty, medical facility, and patient. They could project the likelihood of any individual experiencing a costly medical emergency in the next year, which could lead to the return of discriminatory “medical underwriting.”
And that’s just the beginning. With that data, a corporation could name its price with pharmaceutical companies, health insurers, and many other companies. Multiply that by every government database in existence, and you can build an information mega-monopoly. Don’t think Musk and his friends haven’t thought about that.
The data currently being hijacked can also be used to automate federal jobs, potentially on a mass scale. AI isn’t likely to do these jobs well, but making government more efficient isn’t the real goal. The goal is to dismantle government and replace it with private contractors wherever possible.
And who will be best positioned to bid on those automated jobs? The corporation that holds this data—our data.
A Fight for Survival
Without access some of these scientific reports, some people will die. Without the government’s medical, economic, and demographic information, many policy debates will be stifled. And this hijacked data can be used to divide us even more: sick vs. healthy, young vs. old, urban vs. rural, white vs. Black...
The bottom line? Data is power. If the right-wing coup officiants succeed in seizing it, that power could be theirs forever. If we don’t stop them now, we may be unable to stop them later.
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Amazon Fined in France for Illegally Spying on Workers
The retail giant was also ordered to pay more than $30 million last year after allegedly surveilling customers with its tech products.
Jan 23, 2024
Months after Amazon was fined more than $30 million for allegedly spying on customers in their homes, a French data watchdog on Monday announced it had ordered the retail giant to pay another $35 million for what it called "excessive" tracking of warehouse employees' activity.
France's National Commission on Informatics and Liberty (CNIL) informed Amazon France Logistique, which runs the U.S. company's warehouses in the country, of the fine late last month after investigating scanning devices used by employees.
Several features of the tools violate the European Union's General Data Protection Regulation (GDPR), according to the group.
The technology-focused news outlet The Registerreported that all employees at Amazon's French warehouses are given scanners that document their tasks, including when they pick up an item or place it in a delivery box.
CNIL found that the "inactivity indicators" on the scanners were "too precise" and could lead "to the employee potentially having to justify each break or interruption."
Another feature used to measure the speed at which the scanner is used and one that stored data history for 31 days were also deemed "excessive" by the watchdog.
CNIL's investigation found that before April 2020, temporary employees at the warehouses weren't informed that their data would be collected by the scanning devices and that no workers were sufficiently told that the facilities were equipped with video surveillance systems.
In violation of Article 32 of the GDPR, said the watchdog, "access to the video surveillance software was not sufficiently secure, since the password was not sufficiently robust and the access account was shared between several users."
The group said it determined the amount of Amazon's penalty by taking into account "the fact that the processing of employees' data by means of scanners differed from the methods of monitoring of traditional activity because of the scale at which they were implemented, both in terms of their completeness and permanence, and led to a very tight and detailed monitoring of the work of employees."
The EUobserver, which reports on democracy within the bloc, noted that the fine was announced on the same day that Amazon refused to participate in a European Parliament hearing on working conditions in its warehouses.
The fine comes less than a year after the U.S. Federal Trade Commission (FTC) determined that an Amazon employee had used its Ring security cameras to spy on female customers for several months, prompting the company to agree to a settlement worth $5.8 million.
Amazon also agreed to a $25 million settlement after being accused to failing to delete audio when parents requested they be erased from Alexa speakers.
The company said Tuesday that it "might appeal" the CNIL's decision and that the watchdog's conclusions about its surveillance practices were "factually incorrect."
In the U.S., progressive law professor Zephyr Teachout called the fine "excellent" and expressed hope that policymakers will soon pass "clear American laws that recognize just how harmful extreme monitoring is."
"Contract law is not the key," said Teachout. "Basic dignity is."
Amazon's focus on closely monitoring employees' activities has led to numerous injuries among workers, according to a survey by the University of Illinois Chicago's Center for Urban Economic Development last October. The center found that out of 1,484 employees, 70% had been forced to take unpaid time off due to sprains, strains, and other injuries sustained while rushing to keep up with Amazon's demanding quotas.
"We see clear evidence in our data," said researchers, "that work intensity and monitoring contribute to negative health outcomes."
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'Chilling': Rights Advocates Blast FBI for Abusing Surveillance Tool 278,000+ Times
"The FBI's systematic misuse of these resources proves that it (and the rest of the federal government) simply can't be trusted to wield this sort of power," said one campaigner. "Let 702 die."
May 20, 2023
Friday's "alarming" revelations about U.S. law enforcement's abuse of a powerful surveillance tool "confirmed the worst fears of advocates" and likely further complicated a brewing battle in Congress over reauthorizing a constitutionally dubious spying law.
Section 702 of the Foreign Intelligence Surveillance Act (FISA)—which is set to expire at the end of this year unless reauthorized by federal lawmakers—empowers the U.S. government to engage in warrantless surveillance of electronic communications. Although the law only authorizes targeting foreigners located outside the United States to acquire foreign intelligence information, a massive amount of Americans' data is also collected.
On Friday, the Office of the Director of National Intelligence (ODNI), in consultation with the U.S. Department of Justice (DOJ), released a pair of redacted Foreign Intelligence Surveillance Court (FISC) opinions—one which revealed that in 2020 and early 2021, the Federal Bureau of Investigation (FBI) misused the Section 702 database over 278,000 times.
"These unlawful searches undermine our core constitutional rights and threaten the bedrock of our democracy. It's clear the FBI can't be left to police itself."
The "persistent and widespread" violations by the FBI—which is part of the DOJ—include searches for information related to crime victims, protesters arrested after the 2020 police killing of George Floyd, donors to a congressional candidate, and people suspected of breaching the U.S. Capitol on January 6, 2021.
The New York Times reported that "a senior FBI official said that in those cases, the analysts misunderstood the standard and were required to undergo additional training," and a representative for the DOJ disclosed that the unidentified political candidate lost to an incumbent lawmaker.
The ODNI's statement about the court documents insists that "all of these compliance incidents occurred prior to FBI deploying a series of remedial measures beginning in the summer of 2021 and through 2022. As a result, these compliance incidents do not reflect FBI's querying practices subsequent to the full deployment of the remedial measures."
However, exposure of the FBI's conduct prompted fresh demands from civil liberties advocates in Congress and beyond for seriously reforming or even ending Section 702, with several critics casting doubt on claims that the bureau—and other agencies with access to the collected data—will behave absent outside intervention.
\u201cA recent internal FBI audit suggests that the new changes have reduced the rate of non-compliance from 18% to 4%. At first blush, that sounds pretty good. But there are serious questions about the methodology for the audit. 15/22\u201d— Elizabeth Goitein (@Elizabeth Goitein) 1684523216
"These abuses have been going on for years and despite recent changes in FBI practices, these systematic violations of Americans' privacy require congressional action," U.S. Sen. Ron Wyden (D-Ore.) declared Friday. "If Section 702 is to be reauthorized, there must be statutory reforms to ensure that the checks and balances are in place to put an end to these abuses."
"I am disappointed at the extent of the redactions in the opinions released today," he added, pledging to pressure ODNI to inform the public about the interpretation of the law behind closed doors. "There is important, secret information about how the government has interpreted Section 702 that Congress and the American people need to see before the law is renewed."
House Judiciary Committee Ranking Member Jerry Nadler (D-N.Y.) also weighed in, though he noted his hesitation to do so given that Rep. Jim Jordan (R-Ohio) has created the Select Subcommittee on the Weaponization of the Federal Government—which has been called the "Insurrection Protection Committee" and a "fascist power grab to evade accountability" by progressive lawmakers:
In the middle of Chairman Jordan's overzealous attack on federal law enforcement and the absurd claims advanced by the MAGA crowd on the weaponization subcommittee, I am hesitant to comment at all—but the abuse of FISA authority detailed in this opinion demands a response from all members of Congress. Section 702 exists only to protect the country from external threats to our national security. The government may only use it to target non-U.S. persons located outside of the United States. If the FBI insists on using it for routine domestic criminal investigations, without a warrant or probable cause, then perhaps they should not have access to this information at all. The problem is not that the FBI unlawfully targeted thousands of Americans of any particular political view. They appear to have conducted backdoor searches on Black Lives Matter protestors, January 6th rioters, and everyone in between. The problem is that they unlawfully targeted thousands of Americans. Period.
The FBI says that they have instituted new procedures to make this kind of abuse impossible. They have made that promise before. Without significant changes to the law to prevent this abuse, I will oppose the reauthorization of this authority.
Civil society groups that have for years sounded the alarm about Section 702 responded similarly to the latest revelations.
"Today's disclosures underscore the need for Congress to rein in the FBI's egregious abuses of this law, including warrantless searches using the names of people who donated to a congressional candidate," Patrick Toomey, deputy director of the ACLU's National Security Project, toldThe Associated Press Friday. "These unlawful searches undermine our core constitutional rights and threaten the bedrock of our democracy. It's clear the FBI can't be left to police itself."
The Washington Postnoted that "this is not the only time the FBI has been in trouble for the database. Another recent audit found multiple problems, including that the FBI used the database to search for the name of a member of Congress."
\u201cViolations revealed in previous FISC opinions include searches targeting a U.S. congressman; a local political party; multiple U.S. gov\u2019t officials, journalists, and political commentators; and two \u201cMiddle Eastern\u201d men who were seen loading cleaning supplies into a vehicle. 6/22\u201d— Elizabeth Goitein (@Elizabeth Goitein) 1684523215
"For the FBI to misuse Section 702 to spy on people protesting the killing of George Floyd, political donors, and victims of crimes is an unspeakable abuse of trust," said Demand Progress senior policy counsel Sean Vitka. "Congress must enact comprehensive privacy protections for people in the United States, against all forms of warrantless surveillance, or Section 702 must fall. If the administration wants to see this law survive in any form, it should publicly embrace this reality."
The Biden administration in recent months has urged Congress to reauthorize Section 702, including in a February letter to top Democratic and Republican lawmakers from Attorney General Merrick Garland and Avril Haines, director of national intelligence.
Vitka asserted that the "shocking" abuse is "unmatched since the days of J. Edgar Hoover," a former longtime FBI director also referenced by Jake Laperruque, deputy director of the Center for Democracy & Technology's Security & Surveillance Project.
"Even with the long history of FBI misuse of FISA 702, these latest revelations should set off alarm bells across Congress," said Laperruque. "The systemic misuse of this warrantless surveillance tool has made FISA 702 as toxic as COINTELPRO and the FBI abuses of the Hoover years. Absent a full overhaul of Section 702 and related surveillance powers, Congress should not allow the law to be extended past this year."
"For decades, we've seen surveillance abuse target political dissidents and marginalized communities, and worried a defensive search exception for FISA 702 could be misused the same way," he added, referring to queries seeking data on someone who may be a victim or target of a foreign influence operation. "This shocking example of 'defensive searches' being an excuse to pull up the communications of a batch of 19,000 political donors without a warrant should end the discussion of whether any type of 'defensive search' exception is safe or acceptable.”
\u201cCongress must end Section 702's unconstitutional surveillance. https://t.co/gBoRHAJOjy\u201d— EFF (@EFF) 1684527076
Elizabeth Goitein, co-director of Brennan Center for Justice's Liberty and National Security Program, said in a series of tweets Friday that "it's time to end this charade once and for all. The Fourth Amendment requires the government to show probable cause to a court if it wants to access Americans' communications."
"Backdoor searches provide an end-run around this requirement under the best of circumstances and they are indefensible when the [government] is violating its own minimal standards in ways that directly impact Americans' rights to engage in political protest, donate to political campaigns, or just live their lives free from [government] scrutiny based on race or ethnicity," she added. "Congress should not authorize Section 702 without sweeping reforms, starting with a warrant requirement to conduct U.S. person queries of any data the government obtained without a warrant based on the claim that it was not targeting Americans."
In a Friday opinion piece for Fast Company, Albert Fox Cahn, founder and executive director of the Surveillance Technology Oversight Project, argued that the data collected under Section 702 "is nothing short of a loaded gun aimed at the heart of a democracy, a lawless digital dragnet systematically abused by those who swore to uphold the law."
The campaigner continued:
As civil rights groups warned would happen, FBI agents just couldn't help themselves. Rather than follow the limits that were supposed to protect Americans from this international dragnet, agents used this terrifying tool to target protesters and domestic suspects. And the abuses should be chilling to all of us, no matter where we sit on the political spectrum...
It would have been disturbing if these sorts of egregious examples happened just a few times, but to see the FBI's systematic misuse of these resources proves that it (and the rest of the federal government) simply can't be trusted to wield this sort of power.
"If the FBI is willing to break the law this brazenly, Congress and the administration must acknowledge that there's no set of guardrails, no Band-Aid, that can fix 702 and keep the public safe," he concluded. "The only way to safeguard our data and our rights is to do what we should have done a long time ago: Let 702 die."
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