Do you think you can enjoy some anonymity as you surf the web? Do you believe you should be afforded privacy in the context of your emails or chats? Well it seems that if some on Capitol Hill get their way, all Internet traffic and content could be tracked under a federal law, all in the name of law enforcement.
The Department of Justice spoke has spoken before a House of Representatives hearing, calling for a new federal law requiring Internet companies to track user habits and activities. But in a move that has Congress scratching their heads, the DOJ has made no indications on how the legislation should be crafted.
Ideally, they would most likely want Internet companies to be proactive and track your movements without legislation but one lawmaker states “If you aren’t a good rabbit and don’t start eating the carrot, I’m afraid we’re all going to be throwing the stick at you.”
Just what would be tracked is up in the air. It would probably include logs of what websites you visit and even potentially the content of your transmissions.
While it seems, constitutionally, the government might be within their rights to track your input onto the Internet—those things you put online for the world to see like blog posts and discussion board entries; tracking your movement and your email content seems to be a breach of privacy.
The argument against such legislation goes something like this: in order for the government to search or seize something where you have an expectation of privacy, they must have a warrant or reason to believe that the time spent in getting a warrant would allow for the destruction of evidence. When it comes to your emails and your traffic, you do have an expectation of privacy. And without making a blanket generalization about the presumed guilt of all Internet users, they can’t say that getting a warrant for your usage would result in any destruction of criminal evidence.
However, as Cnet.com reveals, at least for some lawmakers, even the fear of potential crime could be enough for them to find a way around your constitutional protection against unreasonable searches and seizures.
They are worried the Internet is a “virtual playground for sex predators and pedophiles” and while this is a somewhat legitimate concern (albeit exaggerated), there are measures in place to assist law enforcement when people are suspected of using the net for their criminal motivations.
For instance, the Electronic Communication Transactional Records Act of 1996 requires Internet companies to preserve data on users when asked by the government (as in the cases of criminal investigation). Also, the Protect our Children Act of 2008 requires those Internet companies to report any knowledge of child pornography transmissions to the proper officials or face pretty massive fines.
Playing on the fears of crime to infringe on the rights and protections guaranteed in the Constitution is playing dirty. And a search without reason into someone’s personal information is an invasion of their privacy.
The protection against unreasonable searches and seizures is often what ends up getting criminal cases pled down to lesser charges or thrown out altogether. This standard is one of the cornerstones of the justice system and should not be whittled away.
When you’re facing criminal charges, how the evidence against you was collected is one of the main tasks of your defense attorney. If it’s seized in a manner which violates your rights it’s inadmissible, and should be fought in court.
About David Matson