Once, it was said that the eyes were the windows to the soul. Now the cellphone is. Consider Jeffrey Burrill, a man who regularly logged in to the gay dating app Grindr and whose cellphone emitted signals marking his visits to gay bars and a Las Vegas gay bathhouse. Hardly a story there, you might say.
© Getty ; The Atlantic
Except Jeffrey Burrill was Monsignor Jeffrey Burrill, the secretary-general of the United States Conference of Catholic Bishops. And his July 20 resignation was forced by a newly founded Catholic online newsletter using commercially available data to trace his calls, movements, and behavior since 2018.
The outing of a top administrator of the nation’s conference of Catholic bishops was clearly a story. But what kind? A story about high-tech surveillance and invasion of privacy? About a new breach of journalistic ethics? About the Catholic Church?
Much of the national attention to this unusual episode focused on privacy issues. The basic problem is not complicated. In principle, data from mobile devices are “anonymized” by substituting a unique numerical identifier for users’ names and phone numbers. But mobile-phone location information and app usage is often recorded. A sufficiently interested party, with some additional information about residences, workplaces, and other data points, can connect the dots (or in this case the pings) to tie specific devices to specific individuals, such as Burrill.
“There’s not much to stop similar spying on politicians, celebrities and just about anyone that’s a target of another person’s curiosity—or malice,” Maggie Gile noted in Newsweek. Senator Ron Wyden, an Oregon Democrat, recalls years of warnings that data harvested from phones could be used to track their users and “reveal the most personal details of their lives.” A “vast and largely unregulated” industry assured the public that the information it collected was anonymous, he says. “As this awful episode demonstrates, those claims were bogus.”
The difficulty of safeguarding privacy from invasive technology cries out for remedies. But as a journalist and a Catholic (who has covered and written extensively about religion), I am even more interested in the other two stories, about journalistic ethics and about the Catholic Church.
I can reasonably be ranked among those labeled liberal Catholics. I am on record arguing that the Church should thoroughly rethink its teachings on sexuality, including contraception, same-sex relationships, and priestly celibacy. But I have little patience for the thankfully few dismissals of Burrill’s “indiscretions” on the grounds that “we are all sinners.” We are indeed all sinners, but we are not all secretaries-general of the United States Conference of Catholic bishops. Those of us who make solemn promises, whether of priestly celibacy or marital fidelity, should keep them. All the more so when our vows bear directly on our public roles.
If Burrill was in fact regularly violating his public commitment and leading a double life, it does not pain me that he was forced from office. What does pain me is how that came about, setting, as it does, dangerous precedents for both journalism and Catholicism.
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The Pillar, the online newsletter that outed Burrill, was founded last January by J. D. Flynn and Ed Condon, two Catholic crusaders for a purer Church. Its founding statement promised to uphold “the highest standards of journalistic independence and craftsmanship.” The newsletter’s reporting on Burrill, though, has prompted questions about whether it has lived up to that mission.
The Pillar story acknowledged that the data it had obtained contained “no evidence to suggest that Burrill was in contact with minors.” But from the opening paragraph, the story missed no opportunity to mention the Church’s sex-abuse scandal, charges that Grindr and other “hookup apps” are used to facilitate sex with minors, and unrelated cases here and abroad of such criminal behavior by priests. Responding to protests that the exposé dwelled on a homophobic stereotype of gay predators, Flynn and Condon went on Twitter the day after it was published to repeat that no evidence linked Burrill’s use of gay dating apps to minors, and that they had had no intention to “insinuate” otherwise. Fair enough, if you don’t consider devoting more than 1,100 words of a 2,900-word article to that kind of linkage an insinuation.
Criticism of The Pillar’s journalism did not end with complaints about its use of innuendo. The newsletter’s resort to an ethically disturbing, even if legal, high-tech method to expose private behavior was also clouded by unanswered questions. In their lengthy exposé, Flynn and Condon went into detail about how the hookup app’s signals indicated Burrill’s systematic violation of his vow of celibacy. But they were vague about the source of this data. “The data obtained and analyzed by The Pillar,” they wrote, “was obtained from a data vendor and authenticated by an independent data consulting firm contracted by The Pillar.”
Who was the data vendor? Were the data purchased or volunteered? How were they analyzed to pinpoint a particular individual? And who funded this possibly expensive process? To critics of The Pillar’s journalism, these are key questions. Relying on anonymous sources is legitimate, and sometimes necessary. But good journalism requires giving readers some indication of the reason for anonymity and what it might suggest about the source’s perspective or motives.
Questions about the data source are underlined by another article, published at 3 a.m. on July 19—one day before The Pillar’s July 20 exposé—by the Catholic News Agency (CNA), a similarly conservative outlet where Flynn and Condon had previously worked. Written by Alejandro Bermudez, the agency’s executive director, the story said that in 2018, CNA had been approached by someone claiming “to have access to technology capable of identifying clergy and others who download popular ‘hook-up’ apps.” The person’s aim, Bermudez wrote, was to save the Church from clergy engaged in scandalous conduct. Recognizing the potential for blackmail in such data, however, the source wanted to keep them from falling “into the wrong hands.” Bermudez met with the person, who named “high-profile Catholic personalities” that the technology identified. Nonetheless, Bermudez said, he distrusted the offer and turned it down.
This is a tantalizing story, and I phoned Bermudez about it. “Chatter” from friends, he told me, about a coming revelation of online activities by major Church figures had brought to mind the 2018 offer and moved him to rush out his account. “It was important for us to say as a news organization that from a Catholic journalists’ standpoint this was a dangerous door to open.” The 2018 offer, he explained, was not only for a “whole package” but for an ongoing relationship with a steady flow of information from the source. This was hardly an ordinary offer, I noted. Was it believable, as his story claimed, that Bermudez couldn’t recall the name of the person who made it and never mentioned it to Flynn, who was CNA’s editor in chief at the time? Bermudez did not budge from his previous explanation that “crazy” accusations against Church leaders were so commonplace that they were not a matter of conversation. Avoiding any mention of The Pillar, he was simply adamant about rejecting, in 2018 and today, this way to reform the Church.
In view of the CNA story, one naturally wonders whether its unnamed source is the same person who was anonymously peddling a pre-targeted and tailored data set, indeed a working relationship, in 2018. The Pillar won’t say. (I emailed the publication to ask for comment, but received no reply.)
There is another eyebrow-raising aspect of The Pillar’s successful identification of a single individual from a data set that might have begun with billions of signals from millions of users: It’s costly. It may require a team of researchers. Not everyone agrees, but several technical experts have estimated the cost at hundreds of thousands of dollars. One data expert, Zach Edwards, the founder of an analytics firm, even said millions.
This story has opened an entirely new, scorched-earth stage of the decades-long conflict between Catholic conservatives and liberals that began after the 1962–65 Second Vatican Council, simmered for decades, and has broken into civil war since the election of Pope Francis in 2013. The issues at stake in this struggle include changes in the liturgy authorized by the Council, questions about sexual morality that the Council never considered, and the relationship between the papacy and bishops around the globe. Should the priesthood continue to be open only to celibate males? What priority should the Church give to issues of personal, especially sexual, morality compared with those of social justice?
These debates are not new. But what was once jousting among theologians, intellectuals, and papal authorities, as the laity silently aligned themselves with one side or the other, has become a battle between Pope Francis and a phalanx of high-ranking bishops. In August 2018, the retired Vatican diplomat (and onetime Vatican ambassador to the U.S.) Archbishop Carlo Viganò even demanded that Francis resign.
When Flynn and Condon, both trained as canon lawyers—specialists in Church law—started The Pillar in January, they declared that the newsletter would be “independent of any ecclesial agenda but the holiness of the Church.” Yet their take on “the holiness of the Church” implies a definite “ecclesial agenda,” on which few concerns rank higher than sexual morality, at least as I read it. To Flynn and Condon, a major threat to that holiness is tolerance of homosexuality and homosexual conduct, particularly among the clergy and bishops.
For decades, Catholic ultraconservatives have charged that the Church’s American hierarchy was being manipulated by a gay cabal. The same note has been sounded by Archbishop Viganò, who extends this charge to include Vatican circles. In a different register, it has been sounded by gay advocates, including gay priests and ex-priests, who argue that the hidden lives compelled by the Church’s strictures against same-sex relations are responsible for grave pathologies among the clergy. Even some advocates of a married (heterosexual) priesthood have echoed something similar: The requirement of celibacy has made the Catholic priesthood a refuge for many gay men who have not come to terms with their sexuality.
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Nothing in such critiques of Church teaching on homosexual relations is more inflammatory than linking them to the scandal of sexual abuse of minors by clergy, despite the fact that the most extensive study of that scandal, by the John Jay College of Criminal Justice, rejects the connection.
For The Pillar, Burrill was no one-off. It had already taken its data set to the archdiocese of Newark, headed by Cardinal Joseph Tobin, a strong supporter of Pope Francis, and to the Vatican itself. The Pillar claimed that signals from both homosexual and heterosexual hookup apps going back to 2018 could be traced to “more than 10” Newark rectories and clerical residences, including “several” with a frequency indicating use by residents. (The Newark archdiocese has 212 parishes.) As for the Vatican, The Pillar reported that over six months in 2018, at least 32 mobile devices emitted signals from dating apps, including Grindr, within areas of Vatican City not accessible to the public. By The Pillar’s standards and my own very traditional ones, all these hookup efforts in Newark and Rome were regrettable, but whether their numbers should be considered extensive or whether they came from clergy or lay employees, the newsletter did not say.
One wonders if the bishops conference, like so many corporations confronting charges of sexual impropriety, might not enlist an independent investigator to shed light on the whole episode. Who, for example, promoted and vetted Burrill for his post? How did his quite extensive double life escape notice? It is an unnoted irony that Burrill was ordained in the diocese of La Crosse, Wisconsin, when its bishop was Raymond L. Burke, today an archbishop, a leading opponent to Pope Francis, and an outspoken advocate of Church teachings on homosexuality, divorce, and abortion. Nothing in Burrill’s subsequent career steps marked him as anything but a conventional doctrinal conservative.
Questions about Burrill are only the starting point. What are the implications for Catholicism if the traditional surveillance of theological ideas and pastoral practice by Church authorities is replaced by the high-tech surveillance of moral failings by freelance journalists? The implications for journalism and personal privacy are serious. Even the person peddling the surveillance technology back in 2018 recognized its potential for blackmail. Without either strong professional censure or legal regulation, tech-savvy and scoop-hungry reporters on the brawling frontiers of online journalism are likely to make this kind of personally invasive technology part of their tool kit. A thoroughgoing inquiry and report could be a service well beyond the Church.
Defenders of The Pillar’s actions have shrugged off these concerns about privacy, journalism, and the Church. Stephen P. White, of Catholic University and the Ethics and Public Policy Center, dismissed those “ticked off” by The Pillar’s reporting—including “data-security gurus, would-be gatekeepers of the journalistic guild,” and “the usual voices on Catholic social media who cry ‘homophobia’ every time it is suggested that an unnatural vice among clerics might be a problem worth addressing.” The real problem was that “ecclesially minded journalists like Flynn and Condon” were being treated as “pariahs” for exposing “inconvenient truths about clerical sins.” In the defenders’ confidence that no ominous red lines are being crossed here, they seem to be forgetting one fundamental component of the Catholic teaching to which The Pillar pledged itself at its founding: Original Sin.