Federal agencies are covertly amassing extensive amounts of data that could potentially be exploited for purposes such as blackmail, stalking, harassment, and public shaming of American citizens. This claim is not coming from an extremist civil liberties activist, but rather a new report commissioned by the country’s top intelligence official, Avril Haines. While the Fourth Amendment of the United States Constitution recognizes the right of Americans to be protected against unreasonable searches and seizures, the government seems to be abandoning this principle in favor of the notion that individuals with nothing to hide should have nothing to fear.
The recent surge in federal surveillance tactics can be attributed to the acquisition of commercially available information (CAI), which involves private companies collecting data from smartphones, computers, digital devices, and trackers. According to a report from the Office of the Director of National Intelligence, this purchase of CAI significantly enhances the government’s power. The report highlights how the government now has the capability to compel billions of people to carry location tracking devices, monitor their social interactions, and keep extensive records of their reading habits.
Unlike the utilization of publicly available information, the current influx of private data represents an unprecedented level of surveillance. As a federal court pointed out in 2014, it’s akin to the difference between a horseback ride and a journey to the moon. While the Supreme Court ruled in 2018 that law enforcement agencies require a search warrant to seize tracking data from a person’s vehicle, government entities can simply purchase the same information from data brokers. This raises concerns raised by Senator Ron Wyden regarding the potential erosion of Fourth Amendment protections.
Examples of these concerning practices have already emerged. The Centers for Disease Control and Prevention, for instance, procured private cellphone data to monitor compliance with COVID-19 lockdown and curfew orders. Similarly, a California county obtained information on church attendance during pandemic lockdowns. Even the Internal Revenue Service purchased location and tracking data from a private firm that harvests data from dating apps. These revelations were part of a report submitted to Director of National Intelligence Avril Haines.
The federal government’s access to personal information on Americans has increased significantly, thanks to CAI. They can now delve into details such as internet browsing history, social media interactions, travel patterns, and even credit card transactions. However, these expanded capabilities raise legitimate concerns. For instance, the National Security Agency has been known to exploit personal vulnerabilities, such as tracking individuals who view sexually explicit material online. If questioned, excuses like conducting research for a sociology class no longer suffice.
This latest controversy underscores the power imbalance between private citizens and the government. While the feds can access minute details about a person’s daily activities, citizens have limited access to information such as the FBI report on President Joe Biden and an alleged $5 million bribe. Furthermore, individuals must disclose their participation in political protests, while the FBI refuses to disclose the names of 278,000 Americans who were illegally surveilled. The growing use of CAI is just one more blow to Americans’ privacy, as illustrated by other federal surveillance strategies.
For instance, Customs agents have the authority to seize and copy cellphone and laptop data from American citizens returning from overseas travel, adding it to a massive database retained for 15 years. The Department of Homeland Security has pressured money transfer companies into providing records of transfers exceeding $500 between US states and 22 foreign nations, creating a database of over 150 million cash transfers. The Drug Enforcement Administration has engaged in an illicit program that treats anyone purchasing a money-counting machine as a potential drug trafficker. These questionable surveillance programs only scratch the surface, with the true extent and nature of federal surveillance efforts remaining largely secret.
The ODNI report acknowledges the lack of knowledge regarding how many federal agencies are purchasing CAI on American citizens. In response, congressional Republicans have taken action, with the House Energy and Commerce Committee launching an investigation into data brokers’ ability to sell highly sensitive information to government agencies. This behavior is deemed more typical of the Chinese Communist Party, rather than the United States.
Allowing the government to exploit personal data means relinquishing control to an entity that should be held accountable. As Senator Patrick Leahy warned in 2014, it implies that the government controls us, rather than us controlling the government. Unfortunately, there are individuals in Washington who act as if they have the right to seize, steal, or purchase personal data. This situation demands careful scrutiny and vigilance to safeguard American citizens’ fundamental rights and privacy.
James Bovard, a member of the USA Today Board of Contributors and the author of 10 books, highlights these issues and the urgent need for action.
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