Friday, February 4, 2022

Ted Rall: Make Text Messages Private

 Nearly a decade ago, the Edward Snowden revelations prompted a national debate about data security. Polls show that a growing number of Americans take data security precautions such as choosing different passwords for online accounts and using encrypted communications platforms such as Signal. Eight out of 10 people believe companies should be required to obtain direct consent to collect or sell their data.

    But there still hasn't been any meaningful discussion about data (SET ITAL) privacy. (END ITAL) Text messages, particularly one-on-one exchanges as opposed to group chats, feel as intimate as whispers across your pillow. Do you expect your text messages to remain private? I bet you do. Most people do. Why am I so sure? Because so many people mouth off in text messages that get them into trouble.

    The law, on the other hand, does not codify the reasonable expectation of privacy to the dispenser of digital diarrhea. Either the sender or the recipient of an SMS may publish it anywhere she likes, including a public forum such as social media. And that's scary. If you're honest with yourself, there's probably at least one text in your history that you hope never sees the light of day.

    In a high-functioning society, laws and social mores are aligned. It is time to close the yawning gap between our privacy-be-damned laws and Americans who behave, and obviously believe, as though their texts were as private as a verbal chat between friends or lovers.

    Crystal Clanton provides a high-profile case in point. Six years ago, in late 2015, she was a 20-year-old college senior and an employee of Turning Point USA, an organization that promotes conservative politics on college campuses. According to Jane Mayer at The New Yorker, Clanton sent a text message to a fellow Turning Point employee, John Ryan O'Rourke, while the two of them were attending a conference in D.C. "I HATE BLACK PEOPLE. Like f--- them all," Mayer reported that Clanton wrote, with the expletive spelled out. The context of the leaked conversation suggests that she was reacting to some sort of run-in on the street or in a store.

    Clanton was fired by Turning Point after Mayer's piece about the incident was published in 2017. Now The Washington Post is reporting that Clanton, "a student at the Antonin Scalia Law School at George Mason University, (has been) selected for a coveted clerkship with William H. Pryor Jr., the chief judge of the U.S. Court of Appeals for the 11th Circuit" and "appears well on her way to the ultimate credential for a young lawyer, a Supreme Court clerkship."

    Clanton questioned the authenticity of the dialogue, pointing out -- reasonably, in my view -- that an easily manipulated digital screenshot proves nothing. The Post ridiculed that defense and criticized such well-connected Washingtonians as Supreme Court Justice Clarence Thomas for supporting her.

    Setting aside issues of evidence, racism and whether one ought to be subjected to career cancellation over a years-old rant, let's assume that Clanton actually texted those toxic words. Obviously, Clanton never assumed that her texts might someday be made public, much less reprinted in a major magazine and discussed in the pages of one of the most prestigious newspapers in the United States. If her smartphone warned before hitting the "send" paper-airplane icon -- "You are about to send a public message. Privacy not guaranteed. Are you sure you want to send?" -- she might have thought twice. But smartphones are engineered for impulsivity, not second thoughts.

    Clanton has company. Police officers in California, North Carolina and Texas have been fired and/or prosecuted for sending racist texts. An Alabama sorority ousted its chapter president for texting that Black students smelled bad. A quarterback for the Buffalo Bills had to apologize for texting "guns are good," followed by, "Just make them very expensive so only elite white people can get them haha." The term "elite white people" triggered outrage. Elizabeth Holmes, founder of Theranos, was hung on the petard of her texts to former Theranos President and COO Sunny Balwani.

    Particularly in the case of the police, people shouldn't think such things, much less say them. But that's not the point. The point is, Holmes assumed that her "on route to dentist my king" text was private, just between her and Balwani. We don't live in a surveillance state like East Germany under the Stasi because Americans intuitively understand that having the right to say stupid, insensitive, unpatriotic, even bigoted garbage behind closed doors, in private, with your confidantes -- to make mistakes, to be a jerk, to blow off steam, to try scummy name-calling on for size -- is an essential part of freedom of speech. 

    Congress ought to pass a law guaranteeing the confidentiality of text messages unless both parties waive their privacy rights or the communications are relevant to a criminal investigation or lawsuit, in which case they would be subject to subpoena.

    Such a reform would not represent a major expansion of privacy rights under American law. If I send you an old-fashioned letter by snail mail, you own the physical letter, but I own the copyright of its contents. As per the 1986 case Salinger v. Random House, in which the reclusive author sued a biographer to avoid the publication of his personal letters, you might be able to reproduce a small excerpt in your no-doubt incredibly flattering biography of yours truly. But you will need my express written permission in order to publish my letter in its entirety or, after I die, that of my estate. There are exceptions for criminal and civil-court matters, such as the use of my letter to defend yourself against any allegations I may have made against you.

    A 2010 case, United States v. Warshak, expanded the reasonable expectation of privacy to email communications. Federal law and those of 11 states, including such populous jurisdictions as California and Florida, bans the recording of phone conversations without the consent of the other party.

    Unfortunately, the U.S. Supreme Court has not yet weighed in on the issue of privacy expectations concerning Americans' text messages. And rationality has been in short supply in lower court rulings. "Any purported expectation of privacy in sent text messages of this type is significantly undermined by the ease with which these messages can be shared with others," Massachusetts Supreme Judicial Court Justice Frank Gaziano wrote last year in a ruling against implied privacy rights for texts. By Gaziano's reasoning, the ability to photocopy or cut and paste should also abolish privacy expectations for letters and emails.

    Americans who text only to later find themselves exposed to public ridicule or worse clearly expect their messages to remain private. If their expectation is unreasonable, it's incumbent upon telecommunications companies to tell their customers that everything they say can and will be used against them in the court of Twitter.

    Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the weekly DMZ America podcast with conservative fellow cartoonist Scott Stantis. You can support Ted's hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.

COPYRIGHT 2022 CREATORS.COM

9 comments:

Anonymous said...

I’m not going to say anything here, for fear it might come back to hurt me.

Anonymous said...

Lmao @ 1 comment

Anonymous said...

This guy complains about the Theranos text messages and calls for confidentiality except in cases of criminal investigations or lawsuits. I guess this guy forgets that the Theranos people were indicted and sued.

Anonymous said...

Lmao @ 2 comments

Anonymous said...

Lmao @ 4 comments

Anonymous said...

LMAO @ the Lmao fool above.

Anonymous said...

@1:30PM
Run along now. I don’t need help.
If you see me in a fight with a bear, don’t help me. Help that bear.

Anonymous said...

9:36 - Looks like you missed the word "subpoena".

Anonymous said...

I think the expectation of privacy for text messages should be the same as it should be for email, which should be the same as it is for actual mail.


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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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