The 28th Amendment: Part 1 – The World is Watching You

Charles Mueller

In the very near future, everything you do, everything you say, and everything you think will be monitored, studied, and analyzed in order to understand what makes you ‘tick’.

Look no further than the infamous story about how Target figured out a father’s teenage daughter was pregnant before he did. By closely monitoring this young girl’s spending habits, Target was able to predict this girl was pregnant and send her coupons for diapers. This ability is not malicious in any way, it is just a new kind of creepy. It becomes a little more creepy when you realize there currently are not any rules or laws in place to protect us from someone using this same type of personal data mining to try and do something like raise your health insurance premium because your shopping habits suggest you are eating unhealthy. How exactly are we going to ensure that these capabilities are only being used to enhance our society rather than take advantage of it? Our leaders today are not taking this issue seriously and it means that we need to take matters into our own hands. A good start may to be to push for a constitutional right to own the digital information we produce (our data) when we engage with the world through the Internet.

The Internet has revolutionized how marketers and advertisers communicate their messages to individuals and consumers. This has all been enabled by the exponential increase in data produced by individuals using digital technologies like smart phones. Our every move in the digital world is tracked and the data collected by what the marketing industry calls a 3rd party data company, such as Axciom; essentially a big data crunching machine that finds patterns that help marketers and advertisers understand what makes us do the things we do. Many of us have no idea we are opting in to this type of profiling nor do we care because often it is used to sell us things that we believe we want.

The digital technologies that make it all possible will continue to evolve and this type of individual targeting will become easier as more users wear their devices.  Big data is no longer just assisting marketers; it is defining how they approach their jobs. How will the world change when big data can be used to create targeted, personalized digital content in real-time? How far away is a future where my commute to work is so well analyzed by big data companies that they can generate and deliver messages at the most opportune times to get me to buy Starbucks coffee instead of Dunkin Donuts?

It will be an incredible power to be able to deliver an optimized message that makes an individual “act” in response to receiving that message. Who decides what messages are sent through all the various digital platforms that are becoming more ubiquitous in our lives? We have already seen the influence big data and social media can have on a presidential election. Will future presidents be elected because they literally raised the most money? Will access to my thoughts simply be granted to the highest bidder? Who is making sure those watching and studying my digital life are using that information for things that are in my best interest?

The role of the government is and has always been to protect its citizens’ rights. In the digital future, the most precious trait of the citizen may be their data. Ensuring that individuals have a constitutional right to own their data could be a way to protect consumers from potential practices of malicious real-time big data analysis. Data ownership will only make it easier to take advantage of the current methods that allow users to opt in or opt out of the powerful targeting mechanisms continually being developed. Having the power to share your data with certain companies could become a type of voting system; you share your data with companies who use it to enhance your experiences and deny it to those who do not.

The digital age is rapidly evolving and the agencies that historically advise Congress on issues regarding consumer protection still have not figured out how to properly respond. We need leaders who understand this and are willing to create policies that protect us. Establishing the ownership of digital data to the citizen is a potential step in the right direction. The 28th Amendment to the Constitution should state that we have the right to own our data.


Constitutional Evolution

Charles Mueller

I think it is time we reexamine our Constitution. The purpose of the Constitution, as laid forth by our founding fathers, was to have a set of rules that protected our rights. Our rights are reflected in the values and cultural norms of our society. They are a product of the times. Therefore, the Constitution should evolve with the times. It’s not to say that we have to change the Constitution just because things change, but we should have a habit (either forced or by due diligence) of reexamining the Constitution every 20 years or so; each generation should have at least one chance to reexamine how their rights are protected.

Thomas Jefferson’s 1789 letter to James Madison examined the argument that the Constitution should be dynamic and reflect the times of those being governed under it. So why doesn’t our Constitution reflect the current era? Why was the most recent amendment to it (the 27th) really an idea from 1789 that took over 200 years to ratify? When we refuse to acknowledge the needs and demands of society are different now than what is portrayed in our Constitution, we cement our governance to the will of those who last laid pen to it.

The idea of having flexibility in the rules for an organized system is not a human invention. In fact, our cellular constitution (our DNA) already embodies this concept. For example, if a virus enters our body, it triggers our immune system to search our DNA for a solution to stop the virus. If we have encountered the virus before, our DNA likely has a solution for stopping it (an antibody gene). However, if it has never seen this virus before, something interesting happens: a new gene is created that is optimized to deal with this new change in the environment. This makes the human body both dynamic and rapid in its ability to adjust to a changing environment, and is just one example of the many ways the human body is built to adapt.

If humans are nature’s best design for an organizational life system, and this system is designed so that its cellular constitution must be rapidly adaptive, then isn’t there some sort of lesson to be learned here? Why isn’t the US Constitution designed and being used in a manner that allows for it to be rapidly adaptive? Why, in a time when the global environment is changing at an exponential pace, do we still insist on being governed by a Constitution that is frozen in time? Shouldn’t our Constitution, like the DNA inside our cells, have some sort of flexibility that allows our “blueprints” for running this country to properly reflect the state of the world?

Thomas Jefferson once said, “The earth belongs always to the living generation. They may manage it then, and what proceeds from it, as they please, during their usufruct…every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, and not of right”. I think it is time we change the way we manage our rights. I think it’s time we come together to update the Constitution in such a way that it protects not just the rights of the citizens of today, but also allows it to adapt with the times.   Let’s get serious about our future and have a Constitutional Convention were we reexamine the fundamentals of our nation like our forefathers intended.