Just yesterday the House of Representatives overwhelming approved legislation to end the federal government’s bulk collection of phone records. Under the bill, the patriot act would be changed to prohibit Bulk collection by the National Security Agency of Metadata charting telephone calls made by Americans.

Judge Posner’s thoughts on the matter prior to the House’s decision however caused some controversy. His words were very of course very entertaining as always.

“I think privacy is actually overvalued…Much of what passes for the name of privacy is really just trying to conceal the disreputable parts of your conduct…Privacy is mainly about trying to improve your social and business opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you…Congress should limit the NSA’s use of the data it collects—for example, not giving information about minor crimes to law enforcement agencies—but it shouldn’t limit what information the NSA sweeps up and searches…If the NSA wants to vacuum all the trillions of bits of information that are crawling through the electronic worldwide networks, I think that’s fine.”

Many people responded to these statements with criticisms and questions regarding Judge Posner’s stance. Where do you draw the line? What is considering going to far? How do you balance a person’s need for privacy and also work towards improving national security? How important is someone need for privacy?

Posner seems to feel that the information on an individuals phone as no big deal. He does not understand why people are against giving up the information on their cell phones and states, “If someone drained my cell phone, they would find a picture of my cat, some phone numbers, some email addresses, some email text…Other people must have really exciting stuff, Do they narrate their adulteries, or something like that?” However Judge Posner fails to consider how phones have been an essential part of many individuals lives, not only do people have email, texts and phone calls but many people also now have bank information, credit card information, medical information and numerous other important information on cell phones that are not necessary to be exposed. It is unrealistic to think that most Americas just have photos of their animals or keep useless information on their phone that they would not want protected. Who knows in the future what kind of additional information people will be keeping on their phones, with the ways in which technology continues to progress. People carry a reasonable expectation of privacy on their phones in most cases. If there is no reasonable expectation of privacy with the contents of your phone then what is next. Privacy is extremely important and an interest that needs to be balanced sufficiently before it is given up in any circumstances.

With the house’s decision, in a way Posner did get some of what he wanted in that the NSA is not denied complete access to the information they are just not allowed to collect it. It also allows the agency to search data on a case-by-case basis, which is a good way to avoid any abuse of power that may stem from too much power to intrude on an individual’s privacy. The house’s decision serves as middle ground and a good balance to allow individuals to maintain their privacy and still allow the NSA to employ additional measures if the best interest of our national security requires it. It will be interesting to see how this new law plays out.