In the immediate aftermath of the 9/11 terrorist attacks, a new breed of nationalism took root that trained its attention on the foreigners among us. In response, the federal government adopted a set of strict policies and legislation that tracked immigrants in general and Muslim communities in particular.
“I felt like the whole country was in turmoil and at risk of abandoning its values for a false sense of security,” says Tim Sparapani, an expert in digital privacy and a NationSwell Council member. “I was always taught at moments like that you don’t look away; you get involved.”
So Sparapani did, finding his passion for social impact and public service within those tumultuous days. He joined the American Civil Liberties Union as senior legislative counsel and later helped establish Facebook’s presence in Washington as its first director of public policy. These days, the D.C.-based Sparapani leads SPQR Strategies, which he founded in 2011 as a consulting firm focused on online and digital data privacy.
It was at the ACLU that Sparapani gained his reputation as a fierce advocate for individual privacy, becoming a protector against what he says was unconstitutional policies. That included the Real ID Act of 2005, a significant piece of 9/11 legislation introduced and championed by Rep. James Sensenbrenner (R-Wisc.), which required people who applied for a driver’s license or a government ID to produce five types of identification to prove their identity, such as a social security number, birth certificate, proof of citizenship and home address, and a mortgage statement or utility bill.
Democrats and the ACLU, along with moderate Republicans and a handful of libertarian organizations like the CATO Institute, thought the statute was “deeply unconstitutional,” says Sparapani. “Once you pulled back the layers, you saw it was based on nativism and ugly xenophobia.”
After the bill passed, Sparapani and his team at the ACLU spearheaded a campaign that urged states to resist the federal regulations. They made their push to the public by highlighting how the new driver’s licenses mandated under the bill — which would have electronic chips that stored a person’s name, address, birth date and social security number — were prone to identity theft, could be used to track individuals’ travel, and would cost taxpayers billions of dollars.
“We were able to get dozens of states to independently enact legislation resisting the federal statute. That hasn’t happened since the Civil War,” Sparapani says. “It was our strategy to have state-by-state resistance to something that was tremendous overreach.”
Though the Real ID Act is still enshrined in federal law and, starting next year, will bar certain state IDs from being used to fly or gain access to federal buildings, Sparapani credits the campaign as his “a-ha moment,” when he realized there was a need to protect all U.S. residents’ privacy, especially from a government that he saw as wielding too much power.
“There was this new opportunity in the computer-database era for the government to exercise control over people in all sorts of nefarious ways by using technology for ill,” Sparapani says, adding that he’d like to see more people take up the cause for privacy rights online. “It’s kind of up to all of us to decide the rules for how we use technology as a society and put limits on it that are aligned with our constitutional values.”
Tim Sparapani is a NationSwell Council member and the founder of SPQR Strategies, a consulting firm that works with startups, established companies, and consumer and privacy advocates on the policy challenges raised by emerging technologies.
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