Monday, June 22, 2020

US Legislature: Senate and House of Representative

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Aditi Mohta

Article Title

US Legislature: Senate and House of Representative

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Global Views 360

Publication Date

June 22, 2020

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The US Capitol, Washington

The US Capitol, Washington | Source: Gryffindor via Wikimedia

US Congress

Congress of the United States, the legislature of the United States of America is established under the Constitution of 1789. It is structurally separate from the executive and judicial branches of the government. The United States Senate is the upper House of the United States Congress, and the House of Representatives is the lower House of the United States Congress. Together, both these houses make up the legislature of the United States. Although the two chambers are separate for the most part, the House and Senate are equal partners in the legislative process, and the legislation cannot be acted without the consent of both chambers. Congress must assemble at least once in a year and must agree on the date of convening and adjourning. The decided time for convening, according to the Twentieth Amendment, is January 3. The House and the Senate vote the date for adjournment. Congress must also come together in a joint session to count the electoral votes for the President and the Vice President. 

United States Senate 

The United States Senate, the upper House of the United States Congress, was established in 1789 under the Constitution. Each state elects two senators for six years. One-third of the Senate membership expires every two years. It is hence also nicknamed as “the house that never dies”. The role of the Senate is to provide equal representation to each state regardless of their size and population. Washington, D.C. houses the chamber of the United States Senate. Election to the Senate was indirect up till 1913 and changed to direct election by the Seventeenth Amendment. The Senate shares responsibility with the House of Representatives for law-making within the United States of America. 

The Senate has exclusive powers which are not granted to the House of Representative. The powers include the authority to consent to treaties before giving it for consent, confirming the appointment of -- Cabinet secretaries, federal judges and executives, military officers, regulatory officials, ambassadors, and other federal uniformed officers. The Senate is also responsible for trying federal officials that have been impeached by the House.

The qualifications for Senators are as follows:

  1. They must be at least 30 years old. 
  2. They must have the citizenship of the United States of America for at least nine years.
  3. They must be an inhabitant of the state they are representing. 

House of Representatives

The House of Representatives is the lower House of the United States Congress which was established in 1789 by the Constitution of the United States. It shares equal responsibilities of law-making with the Senate. The House is designed to give a voice to people of every local voting region of America. Members of the House stand for reelection every two years. Each state is split into districts and each district votes for one representative. The number of districts depends on the population of each state. The candidate with the most number of votes wins the seat in the House, and the party with the most number of seats takes control.

The primary responsibility of the House is to pass federal legislation that affects the whole country. For the bill to become a law the Senate has to agree and the United States President has to finally sign it. The House, like the Senate, has special powers too. These include the power to initiate revenue bills, to impeach officials, and to elect the President in case there is no majority in the Electoral College.

The House is organised in the committee system, under which the membership is divided into specialised committees like committees for holding hearings, preparing bills for the consideration of the entire House, and regulating the House procedure. The member of the majority party chairs these committees. Almost all bills are first referred to the respective committee. There are approximately 20 permanent committees, each having subcommittees. 

The qualifications for members of the House are:

  1. They must be at least 25 years of age.
  2. They must be a U.S. citizen for at least seven years. 
  3. They do not need to reside in the constituency that he represents.

Articles that were referred to:

  1. https://www.whitehouse.gov/about-the-white-house/the-legislative-branch/#:~:text=The%20Senate%20maintains%20several%20powers,confirmation%20of%20the%20Vice%20President.
  2. https://www.britannica.com/topic/House-of-Representatives-United-States-government
  3. https://www.congress.gov/help/learn-about-the-legislative-process/how-our-laws-are-made
  4. https://courses.lumenlearning.com/boundless-politicalscience/chapter/the-nature-and-function-of-congress/

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February 22, 2021 11:06 PM

WhatsApp's New Privacy Policy: Collecting Metadata and Its Implications

According to WhatsApp’s new privacy policy, the app is set to collect “only” user’s Metadata. Metadata can reveal a lot more than merely the app usage of a person. Former NSA General Counsel Stewart Baker stated, “Metadata absolutely tells you everything about somebody’s life. If you have enough metadata you don’t really need content.”

This article explores the ways in which WhatsApp is underselling the true estimation of the significance of Metadata.

Facebook owned WhatsApp recently announced the update of its privacy policy terms. 8th of February, 2021 was initially set as the deadline for users to either accept the new privacy policy or delete their account. By this time, most of us have already witnessed or been a part of the backlash that WhatsApp is experiencing. LocalCircles conducted a survey and the results indicated that 15% of India’s users are likely to move away entirely from the app while 36% will drastically reduce the usage and 67% of users are likely to discontinue chats with WhatsApp business accounts.

To reinstall trust in its users, WhatsApp released a clarification stating that the new policy update doesn’t compromise privacy of messages with friends and family. Furthermore, it explains that the update includes changes related to WhatsApp business accounts are optional too.

However, owing to severe backlash, WhatsApp has pushed the deadline to May 15 while they further clarify their policy updates.

It is true that WhatsApp cannot read our messages as it is end-to-end encrypted which implies that only a message’s sender and receiver can read it. The updated privacy policy intends to alert users that some businesses would soon be using Facebook-servers to store messages with their customers. By accepting the new privacy policy, users will be allowing WhatsApp to reserve all rights to collect your data and share it with the expansive Facebook and Instagram networks ‘regardless of whether you have profiles on those apps.’

A person using WhatsApp | Source: Andrés Rodríguez via Pixabay

By using WhatsApp, you may now be sharing your usage data, your phone’s unique identifier, your location when the location service is enabled, among several other types of metadata. A culmination of all your metadata is linked to your identity.

The value of metadata has been underestimated since the term isn’t clearly understood. Metadata is data about our data. For instance, in a cell phone conversation, the conversation itself isn’t metadata but everything except that is metadata. Data regarding who you called, how long you spoke for, where you were when you placed the call, where the other person on the line was and the time you placed the call. Consider a situation when every time you made a call to someone, you had to inform a particular person about who you called, how long you spoke for, when and where and all other details except the content spoken. This applies for every single call and everyone else’s metadata is also being recorded. The person owning the metadata can analyze and tell a lot about your personal life. Who you work with, who you spend time with, who you are close to, where you are at particular times and so on…

Kurt Opsahl, in his post in the Electronic Frontier Foundation, gives an example of how companies and governments collect intimate details about your life with the disguised use of the word called metadata. The following examples are an excerpt of his article:

“They know you rang a phone sex service at 2:24 am and spoke for 18 minutes. They know that you called suicide prevention hotline from the Golden Gate Bridge.

They know you spoke with an HIV testing service, then your doctor, then your health insurance company in the same hour.

They know you called a gynaecologist, spoke for a half hour, and then called the local Planned Parenthood's number later that day. But nobody knows what you spoke about.”

Metadata provides more than required context to know some of the most intimate and personal details of your lives.  When this data is correlated with the records of other phone calls, one can easily obtain a lot more data and track our daily routines. This is merely about phone calls. WhatsApp includes a lot more features and will collect metadata of chats, businesses and money transactions.

In WhatsApp’s words:

“We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.”

In addition to this, WhatsApp also collects information about IP address, OS, browser information and phone number.

Stanford’s computer scientists conducted an analysis to understand the extent of intrusion of privacy using metadata. The scientists built an app for smartphones. The app was developed to retrieve metadata of calls and text messages from more than 800 volunteers’ phone logs. The researchers received records of more than 250,000 calls and 1.2 million texts. Their inexpensive analysis revealed personal details of several people like their health records. Researchers were also able to learn that one of their participants owned an AR semi-automatic rifle with only metadata.

Gen. Michael Hayden | Source: Wikimedia

Gen. Michael Hayden, the former head of the National Security Agency once stated that “the U.S. government kill[s] people based on metadata.”

In 2016, Facebook was involved in the infamous data privacy scandal which centered around collection of personal data of over 87 million people by Cambridge Analytica, a political consulting and strategic analyst firm. The organization harvested user data for targeted advertising, particularly political advertising during the 2016 U.S. election. While the central offender was Cambridge Analytica, the apparent indifference for data privacy to Facebook facilitated Cambridge Analytical and several other organizations.

In June 2018, Facebook confirmed that it was sharing data with at least 4 Chinese companies, Huawei, Oppo, Lenovo and TCL. Facebook was under scrutiny from the U.S. intelligence agencies on security issues as they claimed that the data with the Chinese telecommunication companies would provide an opportunity for a foreign espionage.

In September 2019, there were reports that the Indian government contemplated making it mandatory for companies like Google, Facebook, and Amazon, to share the public data of users.

The Ministry of Electronics and IT (MeitY) was planning on issuing new guidelines under the Information Technology Act which according to which tech giants would have been required to share freely available data or the public information that they collate in the course of their operations, including traffic, buying and illness patterns.

Europe is exempted from WhatsApp’s new privacy policy as EU antitrust authorities fined Facebook 110 million euros for misleading the regulators during the takeover of WhatsApp in 2014. EU’s strict privacy laws empowers regulators to fine up to 4% of global annual revenue of the companies that breach the bloc’s rules.

Your Metadata is extremely personal. By giving WhatsApp the authority to access it, you are giving access to several other organizations, businesses and it also makes you more vulnerable to third-party hackers and trackers. WhatsApp has given multiple assurances about its updated privacy policy being noninvasive. However, most of these assurances are cleverly worded and misleading statements. It is important to read through the fine print of the new policy before accepting it.

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