Template for News Stories on Government Data Gathering

Daniel J. Solove

NSA warrantless wiretaps. NSA collection of phone records. CIA gathering of financial records.

The stories are endless. To help out reporters, I thought I’d just write a quick and easy template to make reporting a little bit easier. So here it is:

Under a top secret program initiated by the Bush Administration after the Sept. 11 attacks, the [name of agency (FBI, CIA, NSA, etc.)] have been gathering a vast database of [type of records] involving United States citizens.
“This program is a vital tool in the fight against terrorism,” [Bush Administration official] said. “Without it, we would be dangerously unsafe, and the terrorists would have probably killed you and every other American citizen.” The Bush Administration stated that the revelation of this program has severely compromised national security.

“This program is a threat to privacy and civil liberties,” [name of privacy advocate] said. But [name of spokesperson for Bush Administration] said: “This is a very limited program. It only contains detailed records about every American citizen. That’s all. It does not compromise civil liberties. We have a series of procedures in place to protect liberty.”

“We’re not trolling through the personal data of Americans,” Bush said, “we’re just looking at all of their records.”

The [name of statute] regulates [type of record] and typically requires a [type of court order]. Although the [name of agency] did not obtain a [type of court order], the Bush Administration contends that the progam is “totally legal.” According to the Attorney General, “we can [do whatever we did or want to do]. The program is part of the President’s emergency war powers.”