So I don't think I actually have a problem with businesses handing over their customer data if there is a valid warrant or subpoena. That's the system working as intended.
The main crux of the problem here is that the DHS has been granted a wide berth by congress to issue administrative subpoenas - i.e. not reviewed by a real judge and not directed at criminals. In "good" times this made investigations run smoothly. But the reality now is that ICE is doing wide dragnets to make arrests without any judicial oversight and often hostile to habeas corpus.
(Also, my understanding is that when banking is involved, it may also fall under the Banking Secrecy Act and Know Your Customer Rules - a whole other privacy nightmare.)
I know we instinctively want to frame this as a privacy problem, but the real problem we need congress to act on is abolishing these "shadow" justice systems that agencies have been able to set up.
The main crux of the problem here is that the DHS has been granted a wide berth by congress to issue administrative subpoenas - i.e. not reviewed by a real judge and not directed at criminals. In "good" times this made investigations run smoothly. But the reality now is that ICE is doing wide dragnets to make arrests without any judicial oversight and often hostile to habeas corpus.
(Also, my understanding is that when banking is involved, it may also fall under the Banking Secrecy Act and Know Your Customer Rules - a whole other privacy nightmare.)
I know we instinctively want to frame this as a privacy problem, but the real problem we need congress to act on is abolishing these "shadow" justice systems that agencies have been able to set up.