Observing Thinking

Observing Thinking
Observing Thinking

Thursday, April 9, 2015

The Right to be Let Alone

“There is a concern that the Internet could be used to commit crimes and that advanced encryption could disguise such activity. However, we do not provide the government with phone jacks outside our homes for unlimited wiretaps. Why, then, should we grant government the Orwellian capability to listen at will and in real time to our communications across the Web?”

The preceding was a direct quote made almost 20 years ago by John Ashcroft as a Republican Senator in a statement criticizing the Clinton administration’s proposal to place an encryption/transmission device ( nicknamed “Clipper Chip”) into every US phone. This would have allowed the FBI and other national security agencies access to the phone calls made by all Americans. While the Clipper Chip proposal was never implemented, the Privacy issues it raised in the 1990s have returned with a vengeance to the current national discussion of Security vs Privacy. (http://www.internethistorypodcast.com/2014/08/)

Ashcroft went on to become the Attorney General of the United States of America during the George W. Bush administration and although a staunch conservative, he might be surprised by the current actions of the NSA to expand its domestic spying capabilities. Ashcroft, as well as other critics, have cited unwarranted phone surveillance as a violation of the Fourth Amendment which includes protection of citizens’ privacy from the US government.

Another reason supporters defend the right to privacy is they trust the government to “promote the general Welfare” of its citizens and this includes, as Supreme Court Justice Louis Brandeis, more than a century ago, has famously said, “the right to let alone” (not “left” alone as it is often quoted). And while we may argue over the meaning of “general welfare” and even whether the Preamble grants certain rights to all citizens, most agree that privacy is an important component of the good society.

A comprehensive and interesting analysis of this issue, by Stuart S.Taylor, Jr., can be found at :http://www.brookings.edu/research/essays/2014/big-snoop

The article begins with an attention-grabbing sidebar containing a hatful of information it has gathered from you just visiting the site (although, it listed my town as Redcay rather than Beekmantown). The article contains “The divergent views of four respected experts help frame the debate over the future of the NSA in the Snowden Era.”, a comprehensive history of covert government operations and intelligence gathering, short “Word on the Street” video opinion polls and podcasts, as well as a nice graphical timeline explaining the major Supreme Court decisions shaping the interpretation of the Fourth Amendment. Comments on the role and effectiveness of the NSA’s methods vary from, “ When searching for needles in a haystack, you need the whole haystack." to “They're draining the ocean in order to catch a few fish.” Despite the author’s obvious bias against Snowden’s motives I would recommend it to you most highly.

As the link above reveals, Oliver asks Snowden some tough questions such as why he released this cache of classified documents to journalists without reading all of them and whether he thought through the consequences of his actions before he released them.

The video also shows how little US citizens care about domestic NSA surveillance and while some recognize Snowden’s name, they are unsure of who he is and what he did. The underlying serious purpose of Oliver’s interview is to rekindle interest in the Privacy vs Security debate as Congress must act by this June to renew, revise or let lapse those sections of the Patriot Act which allow what Snowden calls, “domestic spying” and the government terms, “intelligence gathering”.

I am not arguing against the need for security; we humans need our society to protect us from one another because, well, we’re only human. But like most real-world situations, this is not a simple black vs white choice as too much security stifles individual freedom and too little may be asking for trouble. Our job is to find an appropriate balance. That said, it would be wise to remember Hecate’s warning (in Shakespeare’s “Macbeth”) about overconfidence in our ability to control our world: “You all know that security is mortals’ chiefest enemy.”

No comments:

Post a Comment

Search This Blog