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You are correct that parent is wrong (and horribly wrong, to the point of downright fabrication beyond anything Snowden has ever said), but actually you are also wrong. Under PRISM, data cannot be taken without participation. The simple reason for that is that “participation in PRISM” more or less means you respond to court orders. You are confusing it with other programs. The one you are referring to was reported as a joint operation with GCHQ called MUSCULAR. Google and Apple’s denials of PRISM participation are kind of semantic. One, they do not refer to it by any NSA codename, so they can truthfully say they don’t participate in something called PRISM, whatever PRISM supposedly is. Second, PRISM was incorrectly described as direct server access without approval. Both companies can truthfully claim that they do not participate in such a program, whether that program is PRISM or not. The truth is that they do “participate”, but that isn’t what PRISM actually enables. That’s the best denial they can give due to the nature of the gag order. From trumancenter.org: If the NSA’s descriptions are accurate, the NSA’s PRISM program allows them to seek electronic data on non-U.S. Persons under FISA warrants applied to foreign electronic traffic travelling through U.S. servers with filters and controls to prohibit use of data of U.S. Persons that may get caught up in the dragnet. The expressly prohibits the use of FISA warrants toward U.S. Persons, but it is not as clear as to what happens to data on U.S. Persons that get picked up in large dragnets aimed at non-U.S. Persons. Much of the accuracy of claims depend on the certified disclosures to Congress by the Attorney General that such safeguards exist and are in place. So, “participation” means you respond to FISA warrants, which isn’t optional. |
We know they respond to fisa warrants. Nobody claims otherwise.
But - also know from Snowden we know that that PRISM is not just an aggregation of responses to fisa warrants.
PRISM also involved intercepting Google’s bulk traffic from their fiber without Google’s knowledge, and various other kind of interception.
If you equate PRISM with aggregating fisa warrants responses, then what you say is true.
However it is not actually accurate to make that equation.
And even if court ordered data was aggregated as part of PRISM, that doesn’t constitute ‘participating’ in PRISM in any by the most semantically stretched way, since they didn’t know about it.
If you are going to argue like this, you may as well say that the end users ‘participated’ in prism, by giving their data to these companies. In a way that’s true.
But it’s not true in the common understanding of what it means to participate.