Constitution proves no match for technology

By Quad-City Times

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Our Founding Fathers never fathomed this one.

Our federal government's systemic analysis of private business records from American phone companies is being described as the most grievous assault on personal rights, and the most effective tactic against terrorism.

At our federal government's request, Verizon, and presumably other communication firms, have handed over billions of records documenting Americans' communication habits, according to excellent newspaper reporting in Great Britain's daily Guardian.

The feds aren't listening in. They're using computer programs to discern calling trends that identify possible terror suspects. Technologically, this is fascinating. The process discerns patterns that investigators interpret to track individuals, before obtaining any evidence of a crime. Or a warrant.

That's where that pesky Fourth Amendment comes into play. “… (N)o warrants shall issue, but upon probable cause, supported by oath or affirmation… .”

There are no asterisks or exceptions.

This secret tactic, divulged by a leak, comes as our U.S. Supreme Court authorized the collection of DNA database from criminal suspects – not just as evidence for a present investigation – but to bank for future investigations. Instead of a warrant or probable cause as stipulated by the Constitution, Americans will be compelled to present evidence for crimes they may yet commit.

The unavoidable consequence is that police will pursue, question and even detain individuals for crimes they may know nothing about, but are linked to through trace DNA.

These 21st century crime fighting techniques are the logical outcome of technology that enables investigations 20th century detectives never could imagine.

Neither did our nation's 18th century statesmen. But they did fashion a Bill of Rights specifically to prevent innocent Americans from being detained and interrogated and from being compelled to present evidence against themselves.

Now it seems simply by using a private phone service, Americans are building a case that could lead police to their doors. We've heard rebuttals that say innocent Americans have nothing to fear. They can explain away their phone calls, or DNA presence, when questioned by police.

That can make us a nation of suspects guilty until they prove themselves innocent.

Our founders never would recognize that nation.