[EL] Changing Notions of Privacy

[Scott Bieniek]

Consider the following article written on the new Obama iPhone app. I
think it raises some of the issues that were raised by the plaintiffs
in Doe v. Reed, and something that Justice Alito spoke of in his
concurrence. (Disclosure: I represented the Plaintiffs while at Jim's
firm).

http://feeds.gawker.com/~r/gizmodo/vip/~3/hhnueT2DHf8/obamas-new-iphone-app-is-questionably-loose-with-user-data-and-privacy

I don't think it is going to take long for donor lists to be accessed
in the same way that the Obama campaign is now using primary
participation, and perhaps other publicly available data to identify
party ID.

In fact, with respect to Prop. 8 in California, there was a google
maps "mash up" that laid donors over a map, allowing anyone to quickly
locate neighbors with an opposing viewpoint.

This app takes it to a new level, as you can now receive turn-by-turn
directions to any Democrats house based on your current location on
your smart phone.

As databases grow, and costs decrease, the amount of information that
can be appended is breathtaking.  I can tell you that I was shocked by
the amount of data that could be appended to our lists on the Cain
campaign.

Disclosure has been sold on anti-corruption, political spectrum
arguments (tells us more about candidate or ballot measure).  The
focus was on the candidate, not individual donors. But the Supreme
Court has now given its blessing to using this data to contact donors,
to have "uncomfortable" conversations with them.

But as this article points out, most folks have no idea that their
primary participation or donation data can be used in this way.

Coupled with low disclosure levels, something I know even some folks
on the other side of this debate agree need to be raised, I think we
are headed in an alarming direction.

I think most folks are inherently private about their political beliefs.

I can't help but think that apps like this that will increase contact
with voters/donors will only serve to lessen participation in the
political process (think impact belief that juries are pulled from
registered voters has on registration).

If this happens, you drive the coveted small donors out (they don't
want to be hassled for a $50 donation). You are left with less speech,
and a system controlled by special interests.

If we are going to make any progress on this issue, I think we have to
start by recognizing there is a difference between the CEO of
Chic-fil-A and the waitress that gives $20 to Obama or some ballot
committee. One made a choice to make a very public statement on a very
controversial issue. The other did what she could to ensure a
candidate or committee has the resources to explain its position and
let voters decide.

-Scott Bieniek