Have many in the media and the public blown out of proportion the story about phone record information? That is what Andrew McCarthy contends.
He is a former Assistant United States Attorney and is probably best known for his prosecution of Sheik Omar Abdel Rahman in conjunction with the first
attack on the World Trade Center.
In a recent column, Andrew McCarthy says that some of the reports “wildly exaggerated” the government’s collection of telephone records. He has a
point, but there is something to consider even in his response.
He reminds us that the government is collecting the phone records. They are not wiretapping telephone conversations. That is a critical distinction.
He also reminds us that the Fourth Amendment does not protect telephone record information. Phone records, he says, are very different from the content of
telephone conversations. I would agree, to a point. Here is where I would disagree.
If I have your phone records, I probably don’t know what you said in the phone conversation. But I might have a reasonable guess. If you called the
local pizza parlor, I wouldn’t have any idea what type of pizza you ordered. But if you called the local Planned Parenthood on a number of occasions, I might
assume you were trying to schedule an abortion. If you called the campaign offices of a candidate, I could probably guess who you would vote for in the next
election.
Of course, you might argue that such information is irrelevant to the government since the goal of such data mining is to search for trends, patterns,
associations, and networks of terrorists. In other words, your phone record information wouldn’t be made public because it isn’t relevant to catching bad guys.
Tell that to the National Organization for Marriage that had their confidential IRS information leaked to a liberal group.
The real concern is not with Big Data. The concern is what Big Government is going to do with Big Data. The scandals over the last few weeks don’t
inspire confidence that bureaucrats will always do the right thing with our telephone records.