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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?

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.

A Matter of Faith

It’s easy to subscribe to the idea that a government that remains aloof from the business of its people is a good way to safeguard the right to privacy of the individual; modernity is full of examples of what too much government oversight can lead to, from China to North Korea. However, though seemingly analogous, the cases of China and North Korea give no pertinent information as to how increases in the US government’s latitude to watch its citizenry would play out. However, given the current sociopolitical climate of the nation and the state of advancing technology, independent of the examples of other nations, it’s clear to see that the US would actually benefit from increased government surveillance.

One such case where the US population would benefit is law enforcement. One needn’t look further than the case of the Golden State Killer to see how law enforcement can leverage advancing technologies in surveillance and tracking to catch and hold notorious killers and criminals accountable, even decades after the fact. Further, with criminals being able to leverage advancing technologies in order to further their own malicious goals, the ability for police to track and identify threats must increase accordingly, or else law enforcement will be powerless to stop or at the very least mitigate potential damages. Altogether, it’s not hard to see all the potential benefit that might come in allowing the government to leverage advancing technologies in a manner that would increase their ability to watch the populace.

Yet, there still exists resistance to the idea, borne of an inherent distrust of government and its actions. A principle argument against the granting of increased power to the government is how it will inevitably lead to a slippery slope into fascism; as the adage says “power corrupts, and absolute power corrupts absolutely”. However, who’s to say that the government of the United States of America is not already too powerful, under that framework. With the largest defense budget in the world as well as an army, navy, and air force that can be mobilized in an instant, no right bestowed upon the individual could possibly stop the U.S. from becoming a fascist state if it so chooses; the events in Hong Kong could as easily play out in New York, San Francisco, or Los Angeles should the government as a whole see it fit. So what’s stopping it? Our democratic institutions, from freedom of the press to democratic elections, and many more beyond. So long as we don’t allow increased surveillance to erode away at the fundamental principles that uphold our democracy, increased surveillance will not be the first domino tipped in a long chain of events that will turn the US into yet another totalitarian regime. Rather, it will be a tool to augment national security and keep innocent people safe in an age that seems to grow more dangerous by the minute.

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.

 

Surveillance is (Definitely and Obviously) Wrong

The potential of FaceApp and even Ring Doorbells were  brought up as being possible tools used to advance facial recognition technology. Dr. Bruff mentioned that a lot of the times, facial recognition is not even accurate, and when asked how he feels about this, Chris Gilliard said that the biggest problem for him is not whether or not it works accurately, but just that fact that surveillance in this way is still bad and wrong, period.

I agree with what Gilliard with this statement. A little earlier in the podcast, the fact that some teens have a “nothing to hide” mentality was discussed, and I have to admit, I personally had (and still kind of do) that mentality, but once you actually realize just how much data is collected from you, that type of belief goes away. For instance, we talked about in class what Gilliard brought up about how if you go on Maps, you can see where you’ve been and when you were there for the past couple of months. A teen or young adult would not normally know about this, but once they do, they are immediately freaked out and like Gilliard said, some of his students immediately turned it off.

Surveillance like that is pretty accurate, however, no matter the accuracy, it is not right to collect data from people’s phones like that without explicitly telling them that you are tracking them. It would probably be seen as common knowledge that a GPS can track where you are going, but I think the “most wrong” thing about that is that the data is being stored up and saved.

The Price We (Force Others to) Pay

In the episode of Leading Lines, one point that Professor Gilliard brought up was that of how privacy infringements in the United States can have consequences that transcend national borders. The example provided: the oppression of Uyghurs in China.

At one point in the episode, Professor Gilliard mentions how FaceApp, an app available to American consumers through the app store that enabled users to leverage AI to perform mobile edits to photos of their faces, stored information on the user base’s facial data and transmitted it to foreign servers in China. While for us, this kind of privacy infringement doesn’t necessarily have any immediate consequences, there is a group that is currently paying a steep price for our negligence: the Uyghurs of China. Gilliard mentions how the data collected by FaceApp was actually leveraged by the Chinese government to train their facial recognition algorithms and ultimately augment their ability to locate and extradite Uyghurs to “reeducation camps”. For the west, such a grim reality is a drastic departure from what we consider as the true threat of increasing government infringement on personal privacy; most discussions of privacy infringements in the west eventually turn into hyperbolic debates about the inevitable slide into a 1984-esque police state, the common theme being that these debates primarily focus on conjecture of how the future may or may not turn out given the actions taken in the status quo. For China, however, these repercussions are unfolding today, and complacency with the privacy of our data in the west is leading to unparalleled and unheard of misery and suffering to the order of millions of people.

Consequently, China must serve as a wakeup call for what a government given too much power over privacy can and will accomplish. No longer should the debate surrounding government infringement of privacy revolve around what-ifs and conjecture. Rather, they should cite China as an inevitable terminus for a government given too much power and too much information.

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