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<a href="http://www.nytimes.com/"><img src="http://graphics8.nytimes.com/images/misc/nytlogo153x23.gif" alt="The New York Times" align="left" border="0" hspace="0" vspace="0"></a>
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<div class="">June 11, 2013</div>
<h1>The Price of the Panopticon</h1>
<h6 class="">By
<span><span>JAMES B. RULE</span></span></h6>
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<p>
BERKELEY, Calif. — THE revelation that the federal government has been
secretly gathering records on the phone calls and online activities of
millions of Americans and foreigners seems not to have alarmed most
Americans. A <a href="http://www.people-press.org/2013/06/10/majority-views-nsa-phone-tracking-as-acceptable-anti-terror-tactic/">poll</a>
conducted by the Pew Research Center over the four days immediately
after the news first broke found that just 41 percent of Americans
deemed it unacceptable that the National Security Agency “has been
getting secret court orders to track telephone calls of millions of
Americans to investigate terrorism.” </p>
<p>
We privacy watchers and civil libertarians think this complacent
response misses a deeply worrying political shift of vast consequence.
While President Obama has conveniently described the costs of what
appears to be pervasive surveillance of Americans’ telecommunications
connections as “modest encroachments on privacy,” what we are actually
witnessing is a sea change in the kinds of things that the government
can monitor in the lives of ordinary citizens. </p>
<p>
The N.S.A. dragnet of “connection data” — who communicates with whom,
where, how often and for how long — aims at finding patterns between
calls or messages, and between parties with given characteristics, which
correlate with increased odds of terrorist activity. These patterns can
in turn cue authorities to focus attention on possible terrorists.
</p>
<p>
The success rate in these operations is a matter of intense speculation,
given the authorities’ closemouthed stance on the matter. But no
serious analyst can doubt that such steps may be helping to pinpoint
terrorist acts in advance, as supporters, like Senator Dianne Feinstein,
Democrat of California, have insisted. </p>
<p>
The question, though, is what comes next? Government planners have
apparently invested billions of dollars to develop these new
surveillance capabilities. Given the open-ended nature of this country’s
relentless campaign against terrorism and other declared evils, it
would be naïve to imagine that the state’s grip on “big data,” achieved
at such cost, would be allowed to atrophy in the foreseeable future. It
is far more likely that new uses — and, inevitably, abuses — will be
found for these surveillance techniques. </p>
<p>
This is true even if the Obama administration’s goals are benign.
Institutions and techniques predictably outlive the intentions of their
creators. J. Edgar Hoover went before Congress in 1931 to declare that
“any employee engaged in wiretapping will be dismissed from the service
of the bureau.” A few decades later, F.B.I. agents were in full pursuit
of alleged Communist sympathizers, civil rights workers and the Rev. Dr.
Martin Luther King Jr. — using wiretapping, break-ins and other shady
tactics. </p>
<p>
We must also ask how far we want government to see into our private
lives, even in the prevention and punishment of genuine wrongdoing. The
promise that one especially egregious sort of crime (terrorism) can be
predicted and stopped can tempt us to apply these capabilities to more
familiar sorts of troublesome behavior. </p>
<p>
Imagine that analysis of telecommunications data reliably identified
failure to report taxable income. Who could object to exploiting this
unobtrusive investigative tool, if the payoff were a vast fiscal
windfall and the elimination of tax evasion? Or suppose we find
telecommunications patterns that indicate the likelihood of child abuse
or neglect. What lawmaker could resist demands to “do everything
possible” to act on such intelligence — either to apprehend the guilty
or forestall the crime. </p>
<p>
Using surveillance for predictive modeling to prevent all sorts of
undesirable or illegal behavior is the logical next step. These
possibilities are by no means a fantastical slippery slope — indeed, the
idea of pre-empting criminals before they act was envisioned by Philip
K. Dick’s short story “The Minority Report,” later a movie starring Tom
Cruise. </p>
<p>
Some privacy watchers have dismissed N.S.A. activities as surveillance
boondoggles, unlikely to significantly prevent terrorism. That is not my
view. Terrorism is an authentic danger — as are dangerous driving,
communicable diseases, gun violence and countless other behaviors and
tendencies that could, in principle, be combated by closer monitoring of
Americans’ communication. </p>
<p>
But do we need, and should we tolerate, a government so powerfully and
deeply embedded in our once private lives as to spot manifestations of
such evils anywhere and everywhere, perhaps even before they occur? How
ready and able are we to fend off the overextension and abuse of that
knowledge? Who watches the watchers? And how are we to weigh the
prospective losses to communal bonds and trust in our communities and
our institutions, in a world without the buffer against state
intervention that privacy affords? </p>
<p>
American life has swung before between repressive and permissive
climates. The swing toward surveillance, begun by George W. Bush, has
only continued under his successor. But even those Americans who think
the supposed trade-off between privacy and security is “worth it” need
to ponder all the likely consequences. </p>
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<p> <a href="http://www.jamesbrule.net/">James B. Rule</a> is a sociologist and a scholar at the University of California, Berkeley, School of Law. </p> </div>
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