Data, Consumer Privacy and PRISM

The major aggregators of consumer data, including Google, Apple, Microsoft, Facebook, and even Twitter all have come under intense pressure to explain publicly how they have cooperated  with the federal government's request for access to consumer data pursuant to the PRISM program.

PRISM is a clandestine, national security electronic surveillance program operated by the National Security Agency (NSA) since 2007.  It involves massive and widespread data collection by a complex web of government agencies and private companies, and is supervised by the Foreign Intelligence Surveillance Court under the Foreign Intelligence Surveillance Act (FISA).  The program was not widely known until Edward Snowden, an NSA contractor, leaked it, and its existence was published in The Guardian and The Washington Post on June 6, 2013

While the late night comedians have had loads of fun with the PRISM program, the implications are no laughing matter.  Americans can no longer expect any real measure of true privacy from either government or private companies.  In short, national security trumps consumer privacy any and every day.  At least that is the state of the law now, until the Supreme Court weighs in. . . and it is just a matter of time before the Court weighs in on the constitutionality of it all.  And if you are expecting the program to be overturned, I would not bet against it.

When asked by the New York Times what I thought, my advice to those companies who were asked to provide data is they should do everything possible to reassure consumers that privacy will be respected at all costs -- except when national security is involved.

(c) 2013 Adonis Hoffman