There is a strong argument for ending these programs on the basis of their high cost and lack of effectiveness alone. But they actually do damage to our society. TSA agents participating in the behavioral detection program have claimed the program promotes racial profiling, and at least one inspector general report confirmed it. Victims unfairly caught up in the broader suspicious activity reporting programs have sued over the violations of their privacy. The Privacy and Civil Liberties Oversight Board concluded the telephone metadata program violated the Electronic Communications Privacy Act and raised serious constitutional concerns.
The Cybersecurity Information Sharing Act passed by Senate Intelligence Committee last week is yet another example of this phenomenon. Experts agree that the bill would do little, if anything, to reduce the large data breaches we’ve seen in recent years, which have been caused by bad cyber security practices rather than a lack of information about threats. If passed by the full Congress, it would further weaken electronic privacy laws and ultimately put our data at greater risk. The bill would add another layer of government surveillance on a U.S. tech industry that is already facing financial losses estimated at $180 billion as a result of the exposure of NSA’s aggressive collection programs.