One of the conversations I continue to see rising to the top of the NSA spying controversy is that companies are already collecting this kind of data on Americans for marketing efforts.
For those outside the United States, the Constitution is quite clear with the Fourth Amendment to our Bill of Rights as citizens.
The Fourth Amendment to the Bill of Rights
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Whether or not you believe that the collection of metadata should or shouldn’t be covered under the 4th Amendment isn’t going to be argued here; I have my own beliefs. Still, I’m not a Constitutional attorney (and even they disagree with one another).
I want to argue the goal and methodology of metadata collection. This data is collected for a company to personalize and improve the user’s experience (UX) online to increase acquisition, retention, or customer value. That’s a touchy subject for some – especially how the data is accumulated and whether or not the consumer provided their permission. Most of the time, they do, but it’s buried in the legal mumbo-jumbo of the terms of use you agree to when you sign up for a service.
I know I’m a marketer, so my opinion is skewed, but I love that companies pay attention to me. I want to share information with them, and I want them to use it to improve my customer experience. If that means product recommendations or targeted messaging, please do! I love product recommendations!
Now, let’s equate the goal of marketers to the goal of government spying. The government’s pursuit of metadata is to identify patterns that lead to a deeper investigation of citizens based on their behavior. That investigation could lead to charges and, ultimately, incarceration. So, while marketers are looking to sell more with data, the government may be looking to find and imprison people to protect Americans.
That’s not close to the same, so please stop comparing the two.
I don’t mean to be flippant, but please look at the history of our incarcerated in this country. According to data, 95% of felony convictions are the result of plea bargains with no formal evidence ever presented, and most never bother with an appeal.
So, let’s take the long shot here. I travel a lot, and I discuss politics online. How long would it take to overlay my conversations questioning the government with actual anti-government or terrorist activity geographically throughout the United States? This week, I’m heading to Chicago. Perhaps there’s a sleeper cell in Chicago within a few miles of my hotel that the government collects data on. How many overlaps will it take to procure enough circumstantial evidence to put a case together on me? Combine this with the guns I own, and how does that appear?
Now line it all up – from my government criticism, my military service, my travel to large cities throughout the world, my ownership of guns – and add to it the full force of federal prosecutors with unlimited budgets. I don’t have the resources to hire high-powered attorneys to defend myself. Is that a long shot? I don’t think so. Again, our history is full of overzealous prosecutors who have gone after conviction after conviction to improve their political pursuits.
Please don’t compare companies’ marketing to the goals of spying on citizens for national security. They’re completely different.
Attention NSA: Just a note that I’m not anti-government and would never take up arms outside of defending myself. I’m very much supportive of local government and law enforcement. I’m often an opponent of federalization for its inefficiency, overreach, and corruption.
