Out of the mouths of babes— my prescient conversation with former FCC Chair Kevin Martin about NSA/Telecom surveillance

So a few years ago the FCC held a hearing (at Harvard University) on Net Neutrality & yours truly attended same (and the reception with FCC members following thereafter) & wrote a post about it on this very site Wetmachine. In light of all the Snowden/NSA/telecom stuff in the news, I thought to bring attention to this little reportage, of a conversation between me and then-FCC Chair Kevin Martin about collusion between the US government & telecom providers, warrantless surveillance, and all that:

So we talked about net neutrality and participatory democracy for a while. And then another fine fellow came along and joined the conversation (he was wearing a funny T-shirt that had a picture the old OSI stack model, with two additional stacks, “Financial” and “Political” with a little notation pointing to the “Political” layer saying “you are here”.) The conversation got onto the subject of GPS information in cell phones, which the FCC mandated.

Martin said, “I told those guys for two solid years to come up with a plan, but they never did. So I acted.” He talked about testimony from 911 call centers that 40% of their calls could not be responded to because they didn’t know where the caller was. But OSI-guy and I wanted to know about privacy considerations. Why, my neighbor with the cool T-shirt wanted to know, couldn’t the phones be programmed to only send geographic information when a 911 call was made?

Martin said that phone companies were legally enjoined from sharing private information, including GPS. I said, “why should we believe them? Why should we believe a word the telecom companies say? They lie and lie and lie, and expect immunity for it.”

Martin repeated with the regulatory and judicial history of how private information had been let out, had been used by stalkers, private investigators, etc, but now all that was now illegal.

I said, “That’s not my point. I’m concerned about them sharing the information with the government. They’ve been spying on all of us without warrants for years!”

Martin said something like “national security, law enforcement, those are different areas altogether.”

And I said, “What, and the law doesn’t apply?” but he didn’t hear me, as several people were speaking at once.

I don’t have anything else to add, other than a tip o’ the cap to my esteemed Wetmachine co-blogger Harold Feld for his coinage of the term “Cassandrafreude”, that feeling you get when you get to say “See, didn’t I tell you?” when something bad, which you have long been warning against, actually happens.  I expect that many of you won’t be able to read the original citation, above, on Harold’s Livejournal blog, so for added Cassandrafreude pleasure, see his recent Wetmachine entry
Associated Press is shocked –SHOCKED — To Discover Government Cannot Be Trusted With Power to Spy
where he pretty much predicted everything that Mr. Snowden has since brought to an even wider audience than Wetmachine enjoys.

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