American Civil Liberties Union

Everyone in Washington is talking about jobs these days. It's not surprising — with the country trapped in a long economic downturn and the President making it his key priority. Job creation is not something in which we claim any expertise, but that doesn't mean we can't pay attention to our common sense.

This week the spin over creating jobs has gotten so broad it has even pulled in our issues. Specifically, House Judiciary Chairman Lamar Smith is pushing the committee to approve legislation to mandate the use of the E-Verify program by all employers. E-Verify is a series of connected databases, in essence a giant list, of everyone who is supposed to be allowed to work in the US. Before you start your job, your employer is supposed to check E-Verify. If you are on the list, you get a job. If not, you don't (or you have to go wait in line at a Social Security Administration (SSA) office to prove they made a mistake).

In 1986, there was no World Wide Web, nobody carried a cell phone, and the president was a man born in 1911. That was the year that the statute that protects the privacy of your electronic life — email, search terms, cloud computing, cell phone location records, postings to Facebook — was passed into law. Even then, Congress recognized that computerized record-keeping would pose privacy issues as information that had formally resided in the home (and been protected by the Fourth Amendment) moved to the hands of businesses.