25 Years of Mass Surveillance Is Enough
Bruce Schneier and Cindy Cohn argue post-9/11 mass surveillance expanded far beyond its counterterrorism justification and should be reevaluated for costs to rights.
An essay by Bruce Schneier and Cindy Cohn (originally in Lawfare) traces the post-9/11 shift from targeted surveillance to mass collection of telephone and internet metadata. It cites the Section 215 bulk phone records program, struck down in interpretation by the Second Circuit in 2015 and curtailed by the USA Freedom Act, and the NSA's Upstream program under Section 702 of the 2008 FISA Amendments Act, which ended content searches in 2017. The authors note mass surveillance now serves routine law enforcement and immigration actions, with FBI Director Kash Patel confirming purchases of Americans' data from brokers, and private systems like Flock license plate readers and venue facial recognition feeding government access.