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Surveillance technology and privacy issues
Influence of the patriot act
Government surveillance and right to privacy
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Surveillance is a highly contentious topic in the modern day and yet in a world more connected than ever through globalization and the internet, surveillance seems to be frighteningly more pervasive than ever. With the rise of Facebook, Google, and NSA data collection, privacy seems to have become a relic of the past. In this paper I will argue through an American perspective that Glenn Greenwald’s assessment of surveillance as a form of power for government oppression and control is apt and that the harms of surveillance outweigh its benefits. First, I will present an overview of Greenwald's piece "The Harms of Surveillance". Next I shall focus his argument through a Foucauldian lens comparing modern day surveillance tactics to the Panopticon …show more content…
model. Then I shall discuss the counterargument about the benefits of surveillance in regards to national security. And finally, I shall prove how government surveillance through the implementation of the Patriot Act has led to a system of oppression since 2001 into modern day that has diminished civil rights. In Glenn Greenwald’s article "The Harm of Surveillance", he argues that the government usage of surveillance is a form of power which functions in an Orwellian fashion. The idea of surveillance is ubiquitous and in a sense omniscient, those subjected to the idea of constant surveillance live in fear of it and normalize it at the same time. He notes that companies such as Facebook and Google have facilitated in this silent surveillance by taking information from the people on a forum that is assumed to be a personal and private space. The sale of this data from these companies to the government, further besmirch all sense of privacy in the digital era. He also points out that the more information the government takes from its people, the less they are willing to divulge any of their own secrets, creating an unequal power relation. Greenwald says that "the state's ability to make us believe we are always being watch is a principal tool to enforce orthodoxies and quash dissent"(Greenwald 2014,31).This relationship becomes repressive and difficult to dissent against as there is no proof of government misconduct and there is an underlying fear of persecution if there is an attempt to uncover the truth.
Much like George Orwell's 1984 we are not monitored at all times but the uncertainty of the ever watching "Big Brother" watching over us keeps us inline, unquestioning and under control. Government surveillance dilutes the meaning of personal privacy and rejects what Greenwald claims to be the foundations of human freedom, expression, and happiness (Greenwald …show more content…
2014). Government surveillance acts in similar ways to the Panopticon model as described by Michel Foucault in his book Discipline and Punish. The Panopticon is an incarceration model in which a guard tower placed in the centre of a circular structure with prison cells all along the outside walls. The inmates cannot see within the guard tower but the guard has a three hundred and sixty degree view (Foucault 1975,200) This structure creates a power relation between the guard and the prisoner. The prisoner becomes a subject, manipulated into a relegated form of behaviour out of fear of being watched and being punished (Foucault 1975, 201-203) Without physical action the guard employs a tactic of control and imposes their will upon what Foucault terms the docile body ( Foucault 1975,222) The docile body without even realizing their restriction has internalized it. Surveillance works in an identical fashion, the will of the state is imposed upon the people ( Foucault 1977, 135-141). However, unlike a prison where ones freedom is surrendered due to a criminal act, states removes civilian agency without consent. . One would expect that the government acts in a fiduciary fashion, in the interest of the people it is sworn to protect, but under the guise of leadership and security, governments act on behalf of their own personal interests. Concrete examples of this would be internet and television censorship in North Korea which reinforce the nationalistic ideologies of Kim Jong-un, or NSA data collection in the United States for supposed terror and security reasons. An opposing stance to Greenwald's claims are that government surveillance can protect a society and it's people. The main rhetoric of this camp is based upon surveillance as a beneficial aspect of national security. The Patriot Act, which was passed in American Congress after the events of September 11 is a contentious piece of legislation that adheres to this ideology. The Patriot Act was written as a way to combat terror and achieve security within the borders of the United States. One of the caveats was the invasion of privacy privacy and the surrender of civil rights through technological and legislative means (Smith, Cary Stacy, Hung, Li-Ching 2010). The Patriot Act increased paranoia of what a terrorist could be and looked liked, thus allowing the government to use invasive practices to uncover homegrown terror (Smith, Cary Stacy, Hung, Li-Ching 2010, 63). However, instead of using these resources to locate terrorists the expansion of government jurisdiction into people's private lives, their homes, their phone calls and internet activity became more important for controlling and manipulating the population. Unknowingly U.S citizens have has their rights diminished without popular consent. (Smith, Cary Stacy, Hung, Li-Ching 2010) The implementation the Patriot Act in 2001 as stated before was enacted on the basis of national security and yet with this government decision, has stripped fundamental rights away from American citizen, diminishing constitutional and human rights.
The book The Patriot Act : Issues and Controversies outlines some of the ways that the act has worked to surveil individuals and suppress civil rights entrenched in the Bill of Rights. The first amendment of freedom of speech is suppressed by the Patriot Act by targeting and wiretapping groups that would be seen as potential threats to the state and arbitrarily arrest these perceived threats without due process, a lawyer, or a jury which infringe on the fourth, fifth and sixth amendments respectively (Smith, Cary Stacy, Hung, Li-Ching 2010, 191-194). The act also breaches on human rights and the eight amendment which allows for authorities to use utmost force during detainment such as torture. Also without warrant their house may be searched and personal items such as documents and computers may be seized by the authorities breaking the Freedom of Information Act (Smith, Cary Stacy, Hung, Li-Ching 2010, 199). All of these severe actions may be used in the name of government security and government surveillance though many of them break civil and human right laws. The Patriot act exemplifies the real harm that Greenwald discusses in his article, the oppressive nature of government surveillance that quashes dissent and uses fear
as a tactic to maintain control and power.
The Patriot Act violates many of the amendments in the Bill of Rights. The First Amendment, for example, gives American citizens freedom of speech, press, and religion. The Patriot Act allows the government to monitor the religious and political papers and institutions of citizens that are not even reasonable suspects for criminal activity. Church,
“With surveillance technology like closed-circuit television cameras and digital cameras now linked to the Internet, we now have the means to implement Bentham's inspection principle on a much vaster scale”(Singer) Bentham's inspection principle is a system that allows the collection, storing and dissemination of data on individuals, corporations, and the government. This collection of data has large implications in regard to privacy and security. “There is always danger that the information collected will be misused - whether by regimes seeking to silence opposition or by corporations seeking to profit from more detailed knowledge of their potential customers.”(Singer) What is done with the information collected is the main issue in terms of privacy. We do not want to be marketed to, or inundated with spam from third-party sources. We also do not want our private social circles and experiences to appear that they are being monetized or subjected to surveillance outside our control. In addition, surveillance has a large effect on the government that can beneficial or detrimental to democracy. Exposure of government secrets may make officials tread carefully when making decisions, ensuring that politicians are nothing but just and fair.“The crucial step in preventing a repressive government from
Taylor, James Stacey. "In Praise of Big Brother: Why We Should Learn to Stop Worrying and Love Government Surveillance." Public Affairs Quarterly July 2005: 227-246.
1984, a novel by George Orwell, represents a dystopian society in which the people of Oceania are surveilled by the government almost all the time and have no freedoms. Today, citizens of the United States and other countries are watched in a similar way. Though different technological and personal ways of keeping watch on society than 1984, today’s government is also able to monitor most aspects of the people’s life. 1984 might be a dystopian society, but today’s condition seems to be moving towards that controlling state, where the citizens are surveilled by the government at all times.
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
The government is always watching to ensure safety of their country, including everything and everyone in it. Camera surveillance has become an accepted and almost expected addition to modern safety and crime prevention (“Where” para 1). Many people willingly give authorization to companies like Google and Facebook to make billions selling their personal preferences, interests, and data. Canada participates with the United States and other countries in monitoring national and even global communications (“Where” para 2). Many question the usefulness of this kind of surveillance (Hier, Let, and Walby 1).However, surveillance, used non-discriminatorily, is, arguably, the key technology to preventing terrorist plots (Eijkman 1). Government surveillance is a rising global controversy; and, although minimal coverage could possibly result in safer communities, too much surveillance will result in the violation of citizen’s privacy.
“Many opponents have come to see the patriot act as a violation of the fourth amendment to the U. S constitution.” (Belanger, Newton 2). The side effect of the patriot act is that it weakens many rights. This act weakens the fourth amendment which is our privacy protection. The fourth amendment allows citizens to be protected from unreasonable searches without a warrant. The police search suspects mainly because of their race or ethnic group.
George Orwell’s Famous book 1984 is about a man who struggles to live under the superintendence of Big Brother. Throughout the novel, Winston struggles with constantly being surveilled and the lack of freedom. Similarly, in our world today, there are government agencies that have the power to listen to phone calls, track people's movements, and watch them through cameras. Winston’s world of surveillance and inadequate confidentiality both privately and publicly is in many aspects much the same as in our world today and the people should demand regulations to be set in place to protect their privacy.
Andrew Guthrie Ferguson thinks that people should be able to choose what areas they want to be secure from “physical and sense-enhancing invasion.” Another scholar, Joel Reidenbuerg, believes that current views of privacy do not fit well with the current technology, instead surveillance is dependent on “the nature of the acts being surveilled.” One more scholar, Chris Slobogin, believes that “the justification for a search should be roughly proportional to the intrusiveness of the search” (Hartzog, 2015). Point is, legal issues surrounding government surveillance is a complex topic without a perfect all-encompassing solution; each situation is different and should be treated
One of the many details shown is that mass surveillance has not had an apparent impact on the prevention of terrorism (Greenwald, 2013). Most of the information gathered has not been used to impede a terrorist attack. Surveillance does not protect the rights to life, property and so on from being violated by terrorists. However it gives the citizen...
Privacy is a human right that must always be maintained. However, with continuously advancing technology, surveillance is only becoming easier. In current society, many are unaware of the power the government has over accessing information. Many also do not think that this is an important issue in today’s world. The well-known novel, 1984, by George Orwell reflects heavily on this issue. It illustrates a world where there is a complete totalitarian government. Similarly, The Truman Show starring Jim Carrey, is about the character Truman Burbank who unknowingly has a television show revolve around his entire life. These two stories demonstrate the extremes surveillance can lead to if not addressed properly. With the revolutionary increase of technology in today’s society, it is undeniable that government surveillance has a ubiquitous presence. These two stories contain haunting messages where they warn of the outcomes that are associated with the abuse of power. There are a
Civil liberties is a term coined by the United States that guarantees certain rights to the people by the Bill of Rights. Although the Right to Privacy is not officially enumerated into the Constitution, the Supreme Court ruled that citizens do in fact, have the right to their own privacy in their own home and their own beliefs. Privacy rights are an essential part of everyday American lives, in that everyone should be given the right to do whatever they want to do in privacy without anyone judging them or knowing what they have done. The right to privacy can also be considered jeopardizing to society because if someone is doing everything privately, including planning some sort of abomination or is doing something illegal, and the police does not find out, it can cause some serious damage to the society. The Patriot Act was enacted after 9-11 to ensure security among the nation. By doing so, the United States implemented strategies in protecting the people, such as decrease privacy rights that were “given” to the people. Also, in today’s society, iphones have an a setting in which the phone can track your location and so-call “help” you do whatever you need the phone to do. According to the Usatoday’s article, location services through GPS coordinates one’s online post and photos, in that one does not even know they are exposing their private lives to the online world. Although, The right to privacy plays an important role in keeping everyday Americans the will to do whatever they want in private, it may cause potential trouble in keeping everything a secret, even illegal actions.
Most people concerned about the privacy implications of government surveillance aren’t arguing for no[sic] surveillance and absolute privacy. They’d be fine giving up some privacy as long as appropriate controls, limitations, oversight and accountability mechanisms were in place. ”(“5 Myths about Privacy”). The fight for privacy rights is by no means a recent conflict.
Privacy is not just a fundamental right, it is also important to maintain a truly democratic society where all citizens are able to exist with relative comfort. Therefore, “[Monitoring citizens without their knowledge] is a major threat to democracies all around the world.” (William Binney.) This is a logical opinion because without freedom of expression and privacy, every dictatorship in history has implemented some form of surveillance upon its citizens as a method of control.
Surveillance is regarded as a practical accomplishment, implying that the way it is carried out is largely based on various assumptions and many human actions resulting in some consequences. Unlike in the past, surveillance can be justified on the premise that people behave differently today, and therefore they have to be under close watch. Surveillance is, however, linked to social control efforts. Exercising social control is not just limited to the prison system, but takes place throughout one?s entire life. For instance, in schools there are cameras. In departmental stores, hospitals, as well as public places such as casinos, sports stadia, restrooms, and parking lots are under surveillance in order to avoid acts of terrorism