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Kaus' Kwestion About Databasificationism

Nick Gillespie | 6.2.2004 10:28 AM

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Mickey Kaus comments thus on the "amazing June issue" of Reason:

Declan McCullagh punctures overblown, panicky privacy concerns about database-mining by private companies. But when it comes to government data mining, he gets a bit panicky and overblown himself, conjuring up fears of a "police state" and engaging in some scare-mongering about the "massive Total Information Awareness project that John Poindexter tried to put together" as well as a Justice department plan to obtain a database of "Americans' names, addresses, previous addreses, places of employment, spouses' names, and Social Security numbers."

Asks Mickey:

I don't understand why I should be so complacent about having Microsoft connect my name, address, etc. with other available private data but so terrified of the Homeland Security Agency doing the same thing. With all due respect, what the Homeland Security Agency is trying to stop (Al Qaeda) is rather more threatening than what Microsoft is trying to stop (Linux).

I realize that, as a Slate staffer, Mickey gets a paycheck from Microsoft and hence may have insider's knowledge of that corporation's secret, sinister designs.

But for starters, here's two reasons to sweat DHS more than MS: There's an opt-out option when it comes to Microsoft. Nobody has to do business with them (not yet, anyway), anymore than they have to do business with any other company that asks for private information in exchange for lower prices or more customized service.

Beyond that, Microsoft (and other companies) is compiling information not to surveil you but to sell you (yeah, yeah, there is a strong digital rights management component to some of MS's registration policies but there are also alternatives to any product they offer). The government collects data for very different reasons and has a very weak record in terms of respecting privacy (or being efficient for that matter, as this great Reason story about possible national I.D. cards details).

As important, Declan McCullagh's story doesn't deny that the government has some legitimate reasons to surveil suspected wrongdoers. Rather it quite sensibly calls for the updating and narrowing of laws allowing the government to do so:

That means taking steps such as updating the Privacy Act of 1974 to limit government access to outsourced databases; increasing the authority of inspectors general at federal agencies to monitor data abuses; boosting criminal penalties for lawbreaking cops; requiring police to meet higher standards of proof before perusing databases; and, most important, rethinking the drug laws that invite snooping into Americans' personal lives. (About 78 percent of domestic wiretaps conducted with court oversight in 2002 were for drug offenses. Investigations of violent crimes such as murder, kidnapping, and extortion accounted for just 6 percent.)

As someone who crawled Sunset Strip back in the heyday of the Doors and Love, Mickey is old enough to remember Vietnam, Watergate, the Church hearings and other key events that destroyed any faith that the government can be trusted to do the right thing. The fashions might have changed since the Kauster air-guitared to "Seven & Seven Is," but any government that would put Arthur Lee in jail for something other than his solo records hasn't earned the benefit of the doubt.

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NEXT: Padilla Perplex

Nick Gillespie is an editor at large at Reason and host of The Reason Interview With Nick Gillespie.

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  1. digamma   21 years ago

    DHEX…. THEY DON’T KNOW WHERE YOU ARE!

  2. Brian   21 years ago

    Arthur Lee rules. His solo stuff stands up along with Forever Changes.

  3. Douglas Fletcher   21 years ago

    There’s an mp3 floating around the internet that is an outtake from a Love session, wherein Lee is trying to get his guitar player to do a decent solo. Basically, the guitarist can’t do anything right. If it’s any indication of how Lee works you have to wonder that one of his musicians didn’t discharge a firearm at him at some point in his career.

  4. Melinda   21 years ago

    Funny you should mention Love. I don’t mean to be a smart-ass, but I always thought your hairstyle kinda made you look like one of the dudes from that band.

  5. gary   21 years ago

    Is “surveil” really a verb?

  6. garym   21 years ago

    Lost an “m” from my handle above. Sorry,

  7. Handsome Dan   21 years ago

    Hey, lay off Arthur Lee, man – his solo records aren’t so bad!

  8. rst   21 years ago

    Or, more simply, Microsoft cannot lock you up anonymously in a jail in Cuba. Microsoft has my name and address because I chose to give it to them, and what’s the risk? They might share it with Oracle? Given the hysteria out in Buffalo over Kurtz’ chemistry sets, it is more apparent than ever that the government needs to be weaned from the information teat. As a whole they’re neither intelligent nor trustworthy enough to manage that information.

  9. Gary Gunnels   21 years ago

    rst,

    Let’s see, a private entity by mistake could harm your credit rating, and this could require years to sort out. Its not a risk-free act.

  10. dhex   21 years ago

    speaking of being locked up, i have yet to receive my first edition of reason (the we know where you are one).

    what’s up with that, all-seeing eye?

  11. Dan   21 years ago

    Microsoft has my name and address because I chose to give it to them, and what’s the risk?

    Well, for one thing, they might sell it to the government. Or the government might hire them to screen for terrorists, and lock up the people Microsoft labels as such.

  12. AST   21 years ago

    This argument is as old as the Constitution. At some point we had to decide that if we want the government to do its job, we have to trust it with powers that could be misused, and be content with the remedies available through the courts and free press. If you don’t trust the people you hire to protect you, don’t expect them to do much. Personally, the image of the Twin Towers falling changed my attitude. I’m far less worried about giving the FBI my private data than I am about a series of suicide bombings around this country because nobody could find and track the terrorists. Besides, I think it’s a little late to retrieve all the data I’ve been giving to banks doctors and businesses for the past 40 years just because they asked for it.

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