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Surveillance Must Be Reined In

The privacy of American citizens should be prioritized over government surveillance efforts, even in the interests of national security. First, the right to privacy is an unalienable right that goes in tandem with, or could even be seen as the obvious and necessary inverse of, the right to free speech. Even if American’s don’t realize why this is a right they need to have—or think they have “nothing to hide”—a rhetoric that is often used in this debate, that line of thinking is a slippery slope. Just because someone can’t see how they could use a right in that moment does not mean it should be taken away from them.

Second, even if citizen’s surveillance data is being collected solely in service to law enforcement and national security efforts—which, in many cases, other tactics prove just as successful as information gathering to solving—the government should not have this much power go unchecked. As the NSA is part of the executive branch, it is a gross overreach of this one branch of government on the citizenry that needs to be balanced and overseen, to ensure that only true suspects are being surveilled and not just every citizen. Also, it is important to remember that real humans do this work, and there are always bad actors that abuse the system—for example, NSA workers that were reported to have been using their credentials to spy on ex-girlfriends. These kinds of practices are another reason why government surveillance efforts and the NSA should not be given any kind of wide latitude to surveille, and must be reined in.

Trusting the Trade-Off

It is important to look at surveillance in the correct way, as an inanimate idea. Surveillance is but a tool used by entities in order to collect data about whoever is being surveilled. Thus a mistrust of surveillance lies fundamentally in the mistrust of authority and the powers delegated to it. My first primary argument is the importance of a social contract. The very idea of a government in a society is a trade off, where citizens give up certain rights in exchange for security and stability provided by the government. It is necessary to give up certain rights in order to live in a society with a government. Putting aside infringement on citizens privacy, there is no denying that when it comes to purely catching illicit activity, surveillance is extremely effective. Therefore the evils of privacy infringement need to be weighed against the good given by the surveillance. When considering the internet, the idea that privacy is an expectation falls apart when under scrutiny. Considering the internet as a public exchange of ideas makes it no different from a public plaza, where a conversation does not have the same expectation of privacy that it does in someone’s house. 

My second argument is that the shortcomings of people should not be put unto the tools that they use. Fixing the government and its many problematic areas is an important problem, one which we will be solving until the end of time. Privacy abuse is the misuse of the information that is provided by surveillance. Therefore there is a large potential for abuse. However the government and law enforcement is already extremely powerful, and yet most people are okay with police officers carrying weapons, and the government controlling the military, whose resources are practically unlimited. Trusting higher authority with those tools is possible, and thus it is possible to use surveillance to benefit all.

Criteria For Jury

I plan on evaluating the arguments based on a couple criterion.

First, the relevance of the argument. Is the argument relevant to the average American or the argument directed towards a specific to a demographic? The relevance of the argument will be something I factor in heavily towards my decision. If the argument being made is not relevant to the average consumer and is pigeonholed towards certain groups or agencies then the large scope of national surveillance is not being explored.

Secondly, the validity of the argument. Are the arguments being made grounded in fact or are they purely hypothetical?  If the argument being made is purely hypothetical, then that provides no compelling evidence that is grounded in fact. If the arguments are tied into something historical that can be proven through a respectable source or by fact, then that makes for a more compelling case. 

Thirdly, originality/presentation of the argument. Is the argument based off of our tired talks on NSA metadata or do they find a new angle to attack the question from? A new perspective is refreshing; especially in a debate where it may catch your opponents off guard and unable to refute the evidence. Providing this evidence in a more cohesive presentation would also prove to be more persuasive towards the jury. Points that are well organized and interconnected will be more compelling.

Also, the group’s ability to refute the other side’s evidence will also be important.

The Panopticon Metapaphor isn’t All That Bad…. Sue Me

In the 18th century, philosopher Jeremy Bentham designed the Panopticon, meant for prisoners to be monitored by an all seeing guard, who himself, could not be seen. Comparing this to surveillance now, particular regarding the internet, even thought the metaphor is kind of bad. It is not too far off of what could be happening.

Anyone and everyone who is using the internet knows that their usage habits are being monitored; if you do not not know, now you know. It is called data mining. That is why when you are on Forever 21’s website shopping for dresses, you see Forever 21 dress advertisements on Facebook not even minutes after you have clicked off of Forever 21. This technically fits in with how a company, whether Facebook or Forever 21, is watching your online activity similar to how a guard is watching several prisoners.

I am also going to take this time to compare internet users to prisoners within a Panopticon. Our data is constantly being mined and our usage being monitored, however, we cannot really do anything about it. Before using most of these websites, we usually make an agreement for said website to do so. This is similar to how prisoners cannot (and will not) do much about a guard watching their every move.

Now in relation to the government being said guard and internet users being “prisoners,” the Panopticon metaphor is not the best. Although there are a vast amount of theories out, there is not an “all seeing government.” At least not within the United States. It is completely possible for the government obtain information about a person if they absolutely have to, however, the government is not constantly watching millions of citizens.

To sum it all up, Panopticon metaphor for data mining? Good. For government surveillance? Bad.

The Panopticon Isn’t That Bad… But It’s Not Good Either

As explained in the podcast, the Panopticon is essentially the idea of a tower that looks over a prison. The tower is illuminated so that the guard in the tower can see the inmates, but the inmates cannot see the guard. Although this could used to exemplify today’s government surveillance, Walker disagrees, saying that it is a “terrible metaphor.”

To take a side in this debate is very difficult. On the one hand, the government has bribed sites like Yahoo, or Facebook, allowing them to access all of our information without our consent. On the other hand, data mining goes further than the negative assumptions we place on it. As Walker points out, in todays society we see data mining as exclusively negative. The government must be using our information for their personal gain right? However data mining does not solely have bad implications. One could use data mining to conduct studies in order to improve our internet experiences. You could also use data mining to research children in a comfortable setting. These are not bad things. In this case, I would agree with Walker. 

However things get a bit sketchy when you remember the negative possibilities of surveillance. We do not know what the government is using our data for. They could be simply conducting research to better our lives, or they could be discovering ways to most efficiently imprison members of society in order to create a mass genocide. That’s a bit extreme. But I guess it could happen theoretically. My point is, just like the prisoners, we do not know what the people in charge are doing. Because of this, I could never definitely say that the Panopticon is a bad metaphor.

 

The Fallacy of the Panopticon Metaphor

Jeremy Bentham’s Panopticon is a hypothetical prison based on two concepts: the idea that the officers can spy on the inmates without the inmates knowing they’re being spied on, and the premise that the inmates can’t communicate with each other due to the separation of their cells. The comparison between current government surveillance and the Panopticon, however, is not an accurate metaphor.

In the Panopticon, the prisoners know they’re in prison. There are physical cells keeping the inmates from talking to each other, reminding them of their imprisonment. However, in reality, the “prisoners” of the government often don’t even know they’re in prison. Many citizens are unaware of the government’s ability to see into their lives through the Internet. They live in ignorant bliss, thinking that their lives are any sort of private. And, because they don’t know they’re “imprisoned”, they don’t have the thought to protect their data, and fight back against those doing the surveillance.

The other caveat is the concept that the prisoners are completely separate from each other. In reality, the web allows us to communicate with each other, and gather information through online sources. If we want to educate ourselves about anything (including governmental surveillance procedures), we can do it. Those who are aware that they’re “imprisoned” do have the ability to band together and rebel, or at least try. The question of how we can best fight back still has yet to be answered.

 

Can panopticon works as a good metaphor?

I do not agree with Benjamen Walker argument: “the Panopticon is a terrible metaphor”. Walker argues that there are many companies may have ability to surveillance and these companies can work as a better metaphor for the surveillance. However, I think these two examples are basically same because they both suggest that people are spied without being known. The subject of the panopticon is prisoner, but the company like “yahoo” may check everyone’s email even though the person is law-abiding citizen. If the government use the panopticon as a metaphor, it can provide the citizens a suggestion that the government only uses their system to spy for terrorists. These two kinds of metaphor lead to different consequences. One may result in the protestation of the citizens for invading their personal right, but the other one may not. The word panopticon tends to provide a more positive feeling to the normal citizens that the government only surveillance bad guys. What’s more, the prisoners in the panopticon do not know they are being surveillance or not. This kind of feeling matches with the government actions that we do not know whether we are spied or not. Thus, the panopticon can work as aa good metaphor for the topic of surveillance.

Nothing to Fear but Fear Itself

In Little Brother, Marcus, the main character, frequently argues with his father over the matter of whether we should give up some of our personal freedoms and privacies in order to grant more power to those seeking to prevent harm from threats like terrorism. It’s a difficult debate that I have occasionally had with myself, and I’ve never quite come to a conclusion, but in one of those arguments, Marcus raises a great point: are we really hurting the terrorists by adding security?

The main goal of terrorism is there in the name: terror. They want to scare people– to make them feel unsafe. That’s why their attacks always come in such violent and public forms. One terrorist organization cannot possibly hope to kill each and every citizen of the United States of America, but they could quite possibly make us all fear for our lives.

Marcus’s point is this: by adding more checkpoints, more data mining, more tracking, more security, less privacy, are we really acting against the terrorists? Would you really feel safer if the police considered you a potential terrorist and had eyes, ears, and possibly guns pointed in your direction at all times? If they consider you and everyone you know a suspect, then you yourself might begin to suspect those around you.

Suddenly, everyone you see on the street is a potential murderer.

Suddenly, you aren’t sure if you should eat at a particular restaurant because there aren’t any open seats near the door. What if someone inside started shooting?

Suddenly, you have to think long and hard about accepting a job offer because you would have to take the subway on your commute. Sure, the pay is better, but what if a bomb went off while you were underground?

In an effort to prevent terrorist attacks, law enforcement can inadvertently carry out the end goal of those attacks: terror.

 

Reimann Sum(feat. Technology)

Technology has quite literally transformed our lives. We live in an age of undeniable prosperity and freedom, where even our poorest live a better life than ancient kings. But in recent years the very technologies that we use for pleasure have been turned against us by governments and bad-faith actors. Of course we don’t live in an era of absolute freedom; we agree to cede some of our rights for safety and security. For example, we as a society agree on the use of surveillance cameras as a means of deterrence and protection, but are we ready to make the leap to facial ID? We agree that police should use DNA testing to solve crime, but what about an artificial intelligence reconstruction of a criminal that may present flaws?

One of the most striking paragraphs from Big Brother came up on page 42 when Cory Doctorow discussed how despite advancements in gait recognition software allowed recognition of individuals from their movements, the software’s success rate was reduced by any number of external factors including floor material, ankle angle measure, and your energy level. This variability can lead to errors in the system which can often have devastating consequences, especially when peoples’ lives and security hang in the balance. The title, I believe, accurately reflects our society’s desire to perfect our creations: we input more data points, update more software, create new tools, in a never-ending journey to create the perfect AI tool. But at what point do the ethical complications from such a tool lead to sufficient harm such that an objective cost-benefit analysis would overturn the progress of such a tool? No matter how many data points we inject, a piece of technology will never perfectly emulate the human mind. Every error/mistake that’s caused by the inaccuracy of technology threatens our stability, and is only magnified as the scope of the instrument exists. One particular example exists in the NSA. What would be the fallout of an inaccurate terror watch list that was compiled using the latest data points? Although this question is astronomical, it is important that we examine this issue with the utmost scrutiny.

Good Bad Secrets

After San Francisco’s security overhaul, one of the latent consequences were all the “not-terrorists” that were caught as a result of the increased surveillance measures. Marcus specifically mentions husbands and wives caught cheating, kids caught sneaking out, and one teenager whose parents discovered he had been visiting the clinic for AIDS medication. These people certainly aren’t terrorists – in fact, they’re not even drug dealers, thieves, or criminals to any extent. They aren’t guilty people, just “people with secrets” (121).

I believe the ability to keep secrets, to some extent, is a completely necessary aspect of any society. I’m not saying that sneaking out is right or wrong, and I’m certainly not saying everyone should cheat on their spouses, but that these are things that should be discovered (or not) and dealt with by the family, not the government. The government has a duty to ensure the safety of its citizens, but only after obtaining consent from its citizens. And in this case, citizens did not give consent to having details of their private, personal lives exposed. Take, for example, a sexually active gay teen growing up in an extremely religious and conservative family. He may need to visit Planned Parenthood to obtain information and medication to stay safe; however, he may not have come out to his parents yet and may not want them knowing this information for a multitude of reasons. Though this case is nuanced, it represents a more broad category of secrets that are kept for the benefit of both the individual and the family. There will always be secrets that need to be kept and actions that need to be hidden, and it is not the government’s duty to interfere.

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