Yesterday, as part of ‘The Brooklyn College Teach-In & Workshop Series on Resistance to the Trump Agenda,’ I facilitated a teach-in on the topic of ‘web surveillance and security.’ During my session I made note of some of the technical and legal issues that are play in these domains, and how technology and law have conspired to ensure that: a) we live in a regime of constant, pervasive surveillance; b) current legal protections–including the disastrous ‘third-party doctrine‘ and the rubber-stamping of governmental surveillance ‘requests’ by FISA courts–are simply inadequate to safeguard our informational and decisional privacy; c) there is no daylight between the government and large corporations in their use and abuse of our personal information. (I also pointed my audience to James Grimmelmann‘s excellent series of posts on protecting digital privacy, which began the day after Donald Trump was elected and continued right up to inauguration. In that post, Grimmelmann links to ‘self-defense’ resources provided by the Electronic Frontier Foundation and Ars Technica.)
I began my talk by describing how the level of surveillance desired by secret police organizations of the past–like the East German Stasi, for instance–was now available to the NSA, CIA, and FBI, because of social networking systems; our voluntary provision of every detail of our lives to these systems is a spook’s delight. For instance, the photographs we upload to Facebook will, eventually, make their way into the gigantic corpus of learning data used by law enforcement agencies’ facial recognition software.
During the ensuing discussion I remarked that traditional activism directed at increasing privacy protections–or the enacting of ‘self-defense’ measures–should be part of a broader strategy aimed at reversing the so-called ‘asymmetric panopticon‘: citizens need to demand ‘surveillance’ in the other direction, back at government and corporations. For the former, this would mean pushing back against the current classification craze, which sees an increasing number of documents marked ‘Secret’ ‘Top Secret’ or some other risible security level–and which results in absurd sentences being levied on those who, like Chelsea Manning, violate such constraints; for the latter, this entails demanding that corporations offer greater transparency about their data collection, usage, and analysis–and are not able to easily rely on the protection of trade secret law in claiming that these techniques are ‘proprietary.’ This ‘push back,’ of course, relies on changing the nature of the discourse surrounding governmental and corporate secrecy, which is all too often able to offer facile arguments that link secrecy and security or secrecy and business strategy. In many ways, this might be the most onerous challenge of all; all too many citizens are still persuaded by the ludicrous ‘if you’ve done nothing illegal you’ve got nothing to hide’ and ‘knowing everything about you is essential for us to keep you safe (or sell you goods’ arguments.
Note: After I finished my talk and returned to my office, I received an email from one of the attendees who wrote:
Thank you for your talk today. I’m sorry that you are so very correct.