Reasons Against Creating a US Terms of Service

Creating a US terms of service would not only hurt the economy, but it would also create more distrust of government entities and increased strife amongst the American public. The NSA appears to have crossed a line when it was revealed just how widespread its spying efforts are and creating additional restrictions would only seek to increase the number of repercussions.  By supporting such a measure we would not only be violating our civil liberties, but we would also supporting future abuses of such a system and justify harsher methods.

One of my main complaints against a US terms of service is that there seems to be a lack of safeguards protecting the data being collected. Already there are reports coming out revealing that NSA employees have used the data to spy on love interests. The activity was occurring frequently enough that it was even giving its own name (LOVEINT). If the NSA can’t even police its own employees on simple matters like this then how can we hope to prevent other countries from stealing valuable data? The NSA revealed that only a small subset of people had access to the information collected. Apparently the number of people was not the issue at all. Other government entities already clamor for the collected data, even the IRS. If the data is going to be handed out regardless than who cares how few people have direct access.

Another issue is what information is being collected, namely we have no clue just how much data companies like Google and Microsoft are handing over. Built in gag orders seem to be the norm when the government is concerned, as companies are forbidden to even speak of the number of requests they are getting in the first place. Should be assume that all information is up for grabs then? If love interests are being spied upon then how about social security numbers and banking information? I’m sure every single person who will ever see this data is perfectly trustworthy and will never abuse it (note sarcasm). 

In more extreme cases, technology businesses are actually shutting down rather than comply with future NSA demands. Lavabit, the encrypted email service used by Snowden, shut down rather than go along with government demands. The founder eerily claims that if we had the same knowledge of email that he did, we would also quit using email. Silent Circle, a similar service, also shut down. While these companies fit a rather niche use case, the principle of the matter is still the same. Companies are refusing to either operate or do business with the US and this is a dangerous precedent. For all we know, the government could have been asking companies to intentionally install backdoors in their services. I would view such a measure as completely unacceptable as the risk of other entities finding these vulnerabilities is simply too high. Other countries are realizing this too. India, for example, is forbidding its government employees from using US based email to prevent such incidents from occurring in the first place. Billions of dollars that could have been put towards US technology companies are now up for grabs because of these issues.

In the end, I think the most damning reason that we should not create a US terms of service is that the NSA will do these things regardless of the legality. The NSA has lied to Congress numerous times and has broken numerous laws regarding the constitutionality of its spying. If the NSA polices itself, breaks the law anyway, and apparently has no real congressional oversight than why bother with a terms of service? 

NOTE: These opinions are entirely my own and do not represent the views of my employer, school, or any other entity I am associated with.