Crimes and Stolen Data

Ira Stoll, of FutureOfCapitalism LLC, pointed out in his 27 May Wall Street Journal op-ed, that he’s a victim of a crime, namely the “leak” of his personal tax data (along with the “leaks” of many thousands of other Americans’ personal tax data) by the IRS to ProPublica, among others.

Stoll proposed a solution to the larger problem, that of government possession of confidential data of any sort:

Much of this could be solved if the government simply collected and stored less confidential data.

He’s absolutely right on that. However, his proposal addresses only the front end of the crime. It’s a take the keys to your car with you as you go about your business, rather than tossing them onto the front seat, kind of solution. It’s necessary, but woefully inadequate, especially since it’s the confidential data storer that’s tossing your keys onto the front seat.

The back end of the crime needs to be worked, also.

In most other areas of US law, receiving stolen property is itself a felony. That should apply to journalism, also.

At the very least, journalists should be required to turn the received stolen goods over to the police or to return them to the source (and, in the case of digital goods, to certify that all electronic copies have been irretrievably deleted and in the case of hard copy documents to certify that no hard or digital copies have been retained), and journalists should be required to identify the source from whom they received the stolen goods. Criminals in the midst of committing their crimes are not sources that should be protectable by journalistic “investigative reporting” imperatives or by any other excuse. Journalism’s “public interest” is not served by being allowed to abet a crime. More importantly, the public’s public interest is actively harmed by allowing journalists to abet a crime.

Either all American citizens are equal under law, or we are not.

Leave a Reply

Your email address will not be published. Required fields are marked *