Here we go again… ever-expanding government surveillance powers and reduction of privacy as part of the drive for greater security. This time it is the US government digging deeper into the Web to capture and corral more of our digital detritus in the name of fighting terrorism.
The new FBI guidelines currently examined by the Senate Judiciary Committee would give federal investigators new licence to mine publicly available databases and monitor Web use. Civil liberties advocates warn that last week’s proposal is the latest step along a worrying path back to the 1950s and ’60s – days when investigators compiled dossiers on innocent American citizens based on their religious and political practices. FBI guidelines from Attorney General John Ashcroft and FBI director Robert Mueller would allow field agents to gather information outside of criminal investigations, relaxing regulations set in the 1970s. Those rules, named after then-Attorney General Edward Levi, barred the FBI from attending political meetings unless they had a reasonable suspicion that a crime was being planned.
The new rules, by contrast, would authorise field agents to attend public meetings freely and request warrants with less interference from the main office. In addition, they would allow the FBI to monitor public Internet sites, libraries and religious institutions. Jim Dempsey, deputy director of the Center for Democracy and Technology protests:
“I hate to be in a position of telling people ‘don’t go online and speak’ or ‘watch what you say,’ but you have to take from this that on an arbitrary basis, the FBI is going to be tagging people as terrorists based on what they say online,”
Well, actually, I am not sure what is wrong with that. Your mother told you (or should have told you) not to speak to strangers and be careful about what you say in public. And the Web is a public place whether because of its interconnected structure or because no communication is entirely secure and therefore private. I do want to be able to say what I want and where I want, as that is the most immediate and tangible demonstration of my individual and personal liberty. But at the same time, I also want the government that takes my money in order to ‘protect’ me to pay attention to any communication containing information about an event that could jeopardise my security, life and property.
So the same reforms can be seen as a long overdue end to restrictions that have hobbled investigators and denied them access to research tools available to anyone with an Internet connection. Intelligence failures in the FBI and CIA have come under the spotlight (and fire) amid new questions over who knew what in advance of 11 September suicide hijackings, which left more than 3,000 people dead.
I can imagine the phalanx of hard-core anti-statist libertarians bristling with indignation at the mere suggestion that I might consider any legislation that expands law enforcement’s ability to monitor communications anything but an infringement on privacy and individual liberty. Despite my sound libertarian track record on these issues (see related articles below), I would like to explore this issue further.
It seems to me that the problem is not merely removing restrictions on investigators to monitor, gather and analyse information. Surely, amassing and making use of publicly available information with research tools available to anyone does not constitute abuse of powers …or does it? The difference between Joe Bloggs carrying out his equivalent of obsessive monitoring of other people’s communications and the FBI’s agent J.B.1984 is that whilst the former cannot do much with it (unless he is a cyber-freak villain in a Hollywood movie), the latter has access to considerable resources and monopoly on force that enable him to act on it. On the other hand, isn’t that what the US citizens are paying him to do?!
The issue here is not just what information is collected, by whom and for what purpose but the nature of the state and its authority. We don’t trust the state and its agencies to use the information for the designated purpose, i.e. our security and protection. We fear that information will instead be used for other purposes, namely, to increase the state’s hold on its citizens. There is no guarantee that after the crucial information about the terrorist plans has been extracted from the monitored data, the information about our private lives, incomes, interests etc, will be discarded. National security has always been used as a cloak for such exercise and it was mainly the US judicial system embedded firmly in the US Constitution that provided some recourse for the most flagrant breaches of individual liberty by the state.
So what is to be done, campaigned for or against, and posted on this blog? The usual stuff – discussions about the state and the legitimacy of its authority and powers, the limited or no government and most of all how the state has expanded beyond any justification. And so although I am willing to grant the state legitimate authority for the purpose of external (army) and internal (police) security in theory, I do not trust the state in its present practice. I will therefore continue writing about the issues of privacy, security and its impact on individual and civil liberties.
When the state watches you,
dare to stare back
