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Privacy Is a Right, Not a Privilege 

I take issue with the way this debate is often framed: privacy versus security. It’s misleading to suggest that privacy is directly opposed to security. A more apt name would be privacy versus surveillance. My point in these semantics is that, even given a wide latitude to monitor the people of this country, government surveillance doesn’t necessarily make us any safer. The American people are and have been under what some would consider heavy surveillance for a few years and it has not demonstrably impacted our security. What makes us think that expanding the reach of that surveillance would suddenly be more effective? The likelihood of some bad actor within the government abusing their power to invade the privacy of American citizens, as has already happened with the NSA, is too great to justify whatever security may or may not be gained by giving that bad actor more tools to work with.

Secondly, regardless of the effectiveness of surveillance, privacy is a right. Plain and simple. By surveilling the American citizenry, the government violates that right on a national scale. I think that the right to privacy should be more clearly stated in the constitution, but it is alluded to in the fourth amendment, and it is clearly a principle on which this country was founded, even if the founding fathers didn’t think of it in terms of privacy because this debate looked different due to differences between then and now in technology. The intent behind “no warrants shall issue, but upon probable cause” is pretty hard to mistake: it is a breach of privacy, and therefore a breach of our rights as citizens of this country to be subjected to involuntary surveillance by our government.

Is there a middle ground?

The topic for this debate is crucial because it is so real within our lives. Since the rise of the truth in the summer of 2013, more and more people have become concerned with their own privacy, while many others ponder at what the balance should be. As part of the jury, the main thing I want to focus on is this: how would the average citizen react or respond to this argument made by either opposition?

Arguments are generally settled by those directly affected by changes as a result of the debate, hence the role of the jury. For either side, I want to see something  compelling that goes beyond what I would know as a typical individual in America. Why do we need surveillance? Why do we need privacy? To what extent are the two allowed to intertwine and mesh together? Are they even allowed to be in the same conversation, working with each other? If so, how would that possibility play out in our society today? Are there any real and viable alternatives to the mass surveillance we have today? Rather than looking for an answer as concrete as one is better than the other, we want to look at how we can take benefits from both sides and possibly put them together.

The Importances of Both Stances

As a note-taker, I am a neutral person who simply wants to make sure that the most important aspects of the debate are discussed. With that being said, I have two questions. Has there been a period in history where something similar to this has happened and has gone very badly or extremely well? Exactly what boundaries would the government be allowed to overstep before it is seen as “citizens’ privacy is not always respected?”

I think the first one is very crucial to ask because everyone knows that you must learn from your mistakes. Another saying is that “nothing is new under the sun.” So if in the past, something similar has happened and the outcome was not favorable, it would be very smart to not have it happened again. And according to the second saying, it most likely has already happened, and if it stopped and is not currently happening, was it for the better?

The second question is important because boundaries must be set in place, but with the US being made of different people with differing opinions, these said boundaries would be very hard to establish. There are those who are very open with their personal lives, and does not mind if the government does a little snooping if it means that they are being protected. However, there are some people with secrets (whether good or bad) who just want to keep their secrets hidden. So exactly where exactly is the line drawn to prevent the government from merely occasionally invading citizens’ privacy to comletely abusing their power?

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.

Why Privacy is Needed

The US Government should not be given wide latitude to use electronic surveillance on its citizens. The government cites national security as the reasoning behind surveillance, but often times, national surveillance is not even effective in keeping the country safe or preventing terrorist attacks. In 2013, the President’s Review Group on Intelligence and Communications Technologies analyzed terrorism cases from 2001 and onward. They found that the NSA’s phone record collection was “not essential to preventing attacks.” The idea of surveilling the entire population to find terrorists has been equated to finding a needle in a haystack because terrorists are so rare and the vast majority of people are innocent.

The government employing surveillance methods on the population also infringes upon American and human rights. The need for surveillance implies that citizens are all potentially guilty, rather than innocent until proven guilty. The presumption of innocence has been declared as an international human right by the United Nations. In addition, the Fourth Amendment states that without probable cause, law enforcement is not allowed to search an area or seize any items or people. The government does not have probable cause to look into our online history, yet they continue to do so.

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.

Why we need more surveillance

Now there’s the obvious reason that more surveillance can catch more criminals, achieve more justice, deter further crime, and thus lead to a safer society. To those who suggest that citizens’ privacy will be violated in our quest for more safety, I say this: our privacy will be destroyed anyway. According to historical trends, coupled with the current political climate, the government will only continue to add more cameras, initiate more surveillance programs, and expand. Thus the only recourse to check the power of an overreaching government is to add more cameras that are able to document the every action: actions undertaken by the public and by the government. Thus it is meaningless to debate national security with the assumption that we still have privacy, because that assumption isn’t based in reality.

Finally this third reason may be a bit… strange. Individuals are selfish creatures who often act within their own self-interest to achieve a goal, even if that means harming others along the way. There are countless examples of corporations, small groups, and individuals harming others to achieve a personal or professional goal. Thus it’s far better for the government, which generally consists of a more educated subsection of the populace, to make decisions on behalf of the public even if the public has no say in the decision, or the government obtains their data through privacy-violating means. Thus, it is for the above reasons that I am pro-surveillance.

Notes from a Notetaker

To start off, I’ll be taking notes on every argument that is made. Good or bad, sensible or not, I’ll write it down. It will be up to the jurors to pick through this information, deciding which arguments are the strongest, most factual, and most convincing.

That being said, there are some aspects of this debate that it’s crucial we touch upon. First, how effective is the surveillance that those favoring the “security” side argue for? An argument must not be based on hypotheticals. They should include concrete examples of instances in which surveillance has increased security if they hope to convince the jury that security is more important. However, the privacy side must argue more than just “citizens have a right to privacy.” It’s widely accepted that 100% privacy isn’t possible in our country. But what amount of privacy sacrificed is a reasonable amount? Where is “the line” that determines when privacy is violated?  Additionally, both sides should address the concerns of the other side. Each person has different values, and everyone is comfortable giving up different amounts of privacy. Moreover, what makes one person feel “secure” may not make another feel the same. Thus, it’s difficult to craft one policy that pleases the most amount of people. How do we reconcile the opinions of so many people when finding a solution that effects all of them?

It is my thought that the debate will center more around the morals of the statement rather than the legislation. I hope that we discuss what “should” be done, as opposed to what the law may say. However, it will also be important to explore how effective the law has been in preventing privacy violations and promoting security. I’m looking forward to hearing both sides, and copying their arguments into a google doc as fast as I possibly can!

Privacy Makes Sense

I have never needed much persuading when it came to believing in the privacy argument, as it actually makes a lot of sense. However, I can see how someone could be tempted to be in favor of surveillance if they did not understand the meaning of privacy. As Snowden has noted several times throughout his journey, privacy is not necessarily about hiding information, but about the ability to protect it if necessary. For this reason, the right to privacy encompasses many of our rights that we have today. For instance the freedom of speech. Most people would not argue against the First Amendment even though it has similar properties. As snowden remarks, “Arguing that you don’t care about privacy because you have nothing to hide is like arguing that you don’t care about free speech because you have nothing to say” (Snowden.) Freedom of speech is wanted twenty-four seven, even when we do not appear to need it. The argument that “if you have nothing to hide, you have nothing to fear” is additionally problematic for a different reason. Today both regular citizens and politicians use this phrase alike, unaware of its background. Snowden reminds us that this phrase was common in Nazi propaganda, and is being missuesd today. 

The uses of surveillance in the past have been mediocre at best. Many times, surveillance has been abused, and used to take down minority groups. An example of this could be the wiretapping of Dr. Martin Luther King Jr. beginning in 1963, and finally ending after his death. The FBI at this time closely surveilled Dr. King, hopping to reveal a communist background. When evidence of this did not arise, they turned petty, and revelaed sensitive information on his sex life. Clearly, surveillance at this time did not halt terrorism, if anything it hindered the civil rights moevemnt.

 

Face app: How companies use seemingly innocuous apps to gather data on us

The interview with Chris Gilliard dove into some interesting points, from the way colleges gauge student interest by the number of times they open their email to how doorbell can surveil their customers through the use of the Ring camera. But one of the more interesting points I thought came from Face App. This app recently became viral for its “aging” photos, where user submit current pictures of themselves and the app will provide an estimation of how you look in the next couple decades. From happy churchgoers to Lebron James, millions of people have used this app: but where are their pictures going? Face app stores visual data about their users and is then able to curate content or sell that data to other companies, often without or awareness or consent.

But this app brings into focus the broader argument of how companies violate our privacy and take our data through everyday actions. Even when browsing the App Store or google searching items to make a cake, big tech is monitoring our movements to better understand our behavior, and how they can better fit our needs and thus gain more profit. When we as users submit photos to face app or tweet on twitter, we must understand that we are giving away bits and pieces of ourselves to strangers whose sole intention it is to make a profit off that. And it’s important to hold companies accountable for what apps they create, especially if they’re taking user data without an explicit agreement on not selling said data. Although it’s ultimately the companies’ choosing to release apps such as face app, we the users must be more aware of what using those apps entails.

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