What the ACLU doesn’t tell you about Privacy in America

The ACLU has an Internet advertisement that is – in a way – a joy to watch. In a way that should seem quite concrete to everyone, the ad illustrates a situation in which too much personal information is in the wrong hands. The link is rapidly circulating through cyberspace.

The animated ad portrays a call to a local pizza parlor that has just been “wired into the system.” The caller wants a double-meat pizza, but the operator tells him he’ll have to pay a large surcharge due to his high cholesterol and high blood pressure. The operator explains that they have an agreement with his health-care provider, chats in detail about his vacation plans and credit card purchases and then notices that he has been reading a book called “Budget Beach Bum.” The man finally capitulates, accepting the cheaper Sprout Submarine Combo with tofu sticks, eliminating the requirement for a liability waiver. She notes that his credit cards are all maxed out. “Bring cash, OK.”

The ad ends with the message: “Want to stop this from happening? Take action.”

The general point of the ad seems widely accepted even though it was produced by an organization with a strong leftist political agenda. Privacy has become a serious concern among Americans, regardless of political leanings. In a conservative discussion forum, where love of the ACLU is scarce (to say the least), there was some mild amazement among the chuckles. One participant called it “Hilarious – and ironic.” “The ACLU created this, and the humor is dead-on.” Another said, “I can’t believe I actually agree with the Anti-Christian Lunatics Union [ACLU] on something… “

The conservatives have a point. It is surprising that the ACLU would suddenly voice concerns over privacy (other than supporting abortion). “The system” already exists. It was created with billions of dollars in public money during the Clinton era without complaint from the ACLU. Those who actually raised concerns are generally thought of as having a politically “conservative” orientation; like the Cato Institute, and me (Too Late to Stop National ID). “Conservative” rather than Republican. “The system” was built with strong bipartisan support.

The ACLU ad seems deceptive on more than one level, even beyond giving the false impression that the organization works to protect privacy rights. Their portrayal is tied to a “national id” as if our privacy rights can only disappear once we have that number. Why social security numbers and other identifiers don’t work just as well remains a mystery. The most deceptive aspect is that it’s presumed to be something that can be stopped – as if it hasn’t happened yet. If we split hairs, it seems quite unlikely the government is on the verge of allowing Mom & Pop pizza shops to use the information they collect. But then what is it that the ACLU intends; to take credit for stopping something that isn’t going to happen anyway?

Mom & Pop are required by federal law to provide information to “the system.” They provide detailed information on all their employees as well as their income. This isn’t the old income reporting system aimed at satisfying the IRS. “The system” collects information from a great variety of sources – just as the ad portrays. The information is shared across bureaucracies and with private contractors – just probably not the local pizza shop. It only takes government approval for anyone to have access. So many people have access to it, without sufficient safeguards, that often enough, information leaks out without formal approval. Only a hand-full of bureaucrats have so far received symbolic hand-slappings because of it, and then only as a result of public exposure and pressure. Tip of a very large iceberg.

On its “About the ACLU” page, the organization describes itself as “our nation’s guardian of liberty.” What the nation needs is an organization that actually fulfills that role rather than pretending to do so. My recommendation: Accept the emotion the ad intends to provoke, but learn more than the ACLU tells you about privacy issues. If you were considering a donation, send it to an organization or third-party candidate that is actually serious about forcing a return to Constitutional rule.