MARC WHEAT: Don’t Fall For Left’s Selective Outrage About Government Data Collection

The left has been in a panic lately, claiming that the Department of Government Efficiency (DOGE) has gained access to federal databases and is collecting sensitive information on Americans without their consent. However, this selective outrage seems hypocritical when considering the government's own history of allowing career bureaucrats to collect data from citizens through various means.

Take, for example, the Corporate Transparency Act (CTA), a law that requires owners of almost all corporations registered in states to report personal information to the federal bureaucracy. While some may argue that this is an invasion of privacy, there has been no massive outcry from the left about this issue. On the contrary, it seems they are more concerned with demonizing DOGE than questioning the government's own actions.

But do we really want to talk about a law that requires companies to report personal information to the federal government? What if those companies happen to be owned by individuals who have a history of shady dealings or even terrorism? Shouldn't our concern be about how this data can be used to further nefarious goals, rather than just blindly opposing any government action?

In reality, such databases have proven to be vulnerable to hacking and abuse from actors far more sinister than DOGE. Just last year, Chinese state-sponsored hackers breached the Department of the Treasury's computer security guardrails, exposing sensitive information on federal employees. In 2016, hackers broke into the Securities and Exchange Commission's Electronic Data Gathering, Analysis, and Retrieval system (EDGAR), which processes over 1.7 million electronic filings annually.

In 2018, a hacker breached 60 million records of US Postal Service user account details, while in 2015, hackers stole the personal information of 21.5 million current and former federal government employees from Office of Personnel Management files. Even the brave men and women who have risked their lives for our nation have not been protected from such intrusions.

The healthcare information of 4.6 million active duty servicemembers, veterans, and their family members was compromised in a 2011 Tricare breach. And yet, the SEC still created the Consolidated Audit Trail (CAT) to unconstitutionally compile the personal information of Americans who invest in the stock market.

But what's truly concerning is that these databases often go beyond mere data collection and compromise our fundamental rights as citizens. The Constitution only confers limited, specifically enumerated powers on the federal government, while the remaining powers are given to the states. One of the federal government's enumerated powers is to regulate commerce among the states, but this does not extend to regulating individuals' personal information.

The CTA, for example, regulates non-commercial, wholly intrastate activity and therefore lacks any enumerated power supporting it. Moreover, the law undermines anonymous association by requiring potentially millions of Americans to disclose their personal information absent a warrant or even any suspicion of criminal activity.

Despite its dubious constitutionality, the future of the CTA is uncertain. It faces challenges in all three branches of the federal government, including litigation that argues against its legality. The Trump administration has also announced that it will not enforce the CTA's reporting requirement, citing the president's core responsibility to enforce constitutional laws.

Finally, Republican Ohio Rep. Warren Davidson and Alabama Sen. Tommy Tuberville have introduced a bill to repeal the CTA, which has garnered support from 20 state-level Secretaries of State. The CTA is finally getting the attention it deserves, but we must be vigilant in protecting our citizens' personal information from the prying eyes of government.

Protecting liberty is essential, and our government officials' outrage at invasions of that liberty should be consistent whether perpetrated by DOGE or big brother. As Marc Wheat, general counsel for Advancing American Freedom, so aptly puts it: "Our government's actions must be guided by a commitment to protecting the very liberties we hold dear."