In the digital age, where we shop, bank and conduct most of our activities online, protection against aggressive online marketing and product advertising is long overdue.
The privacy legislation known as the American Data Privacy and Protection Act (ADPPA) that is currently under consideration in Congress could be an essential step toward achieving that protection. However, in its current form, ADPPA would have unintended consequences with potentially disastrous impacts on the fight against child exploitation, human trafficking and other heinous crimes.
As the founder and CEO of the National Child Protection Task Force, I know firsthand the importance of information in the hands of those responsible for investigating and stopping violent crime. It enables authorities to quickly identify, track and locate suspects. Our children go missing every day. They get trafficked every day and get physically and emotionally abused, groomed, sexually exploited and sold every day. The community that works on child protection is a disparate one. It includes people who have willingly dedicated themselves to seeing the worst of humanity to keep the most vulnerable among us safe.
There are also others in federal, state, local and tribal agencies focused on putting in place policies and systems to give kids a chance at a better future and a safe haven. Advocacy organizations work to prevent human trafficking or find missing and exploited children; volunteers who donate countless hours to kids who will never know their names or what they’ve done. Private sector technologists that work with all of us to find new-age solutions to old-world crime, because of a persistent gap in their capabilities.
ADPPA, as currently written, widens the gap we are so desperately trying to fill. It jeopardizes the utility and availability of investigative data tools that are critical in combating crimes, including protecting children from predators. As written, the bill could allow individuals — including sex offenders and would-be criminals — to force companies to delete information about them.
It is fine to allow people to shield their information from marketers and social media companies, but not from crucial databases and services used in criminal investigations and by organizations like the National Child Protection Task Force.
The reality is that if enacted as currently drafted, the bill will hinder our ability to not only prevent human trafficking and track down child predators but also fraud and identity theft, whether in benefits fraud or in pure private sector fraud.
The primary issue with ADPPA is that it grants individuals the right to control and limit the use of their personal data, which may result in the removal of vital information from databases and services that are essential in the fight against both violent crime and cybercriminal organization. This could impede investigations and make it easier for child predators and other criminals to go off the radar. For instance, if a sex offender requests to have their information deleted from a database, they could then move undetected into another community, putting children in that area at risk.
Members of Congress and supposed “privacy experts” who say that criminal investigations would not be crippled by the current data privacy bill are mistaken. They do not possess the data or analytics capabilities necessary to conduct investigations across a broad range of public safety issues. They cannot cross-match information with the private sector. Additionally, federal and state agencies cannot communicate across jurisdictions. It is only through proven private sector information and analytics solutions that those tasked with fighting both violent crime and cybercrime can address 21st-century problems.
To be clear, no one wants their private information to be misused or abused. But when it comes to protecting children and vulnerable communities from predators, public safety must take precedence over individual privacy concerns.
It is, therefore, imperative that lawmakers revise ADPPA to ensure that our government has access to the critical tools they need to keep our communities safe. This does not mean that individual privacy should be disregarded, but rather that it should be balanced with the need to protect society from harm.
As parents and concerned citizens alike, we must not restrict access to lawful tools needed to protect our kids and society from criminals. It is our collective responsibility to ensure that ADPPA is not passed in its current form and that lawmakers work to improve it. Let us prioritize the safety and security of our communities, particularly the most vulnerable among us, and say no to child predators and other criminals going off the radar.
Kevin Metcalf, former federal agent turned prosecutor, is the CEO and founder of The National Child Protection Task Force.