The debate over surveillance and privacy is as old as America itself, argues Lawrence Cappello OpenFuture
ONE OF the toughest questions of modern life is where to draw the bounds of privacy—and privacy law. Digital technologies make a virtue of sharing. At the same time, the ability of governments and companies to keep people’s activities under surveillance has never been greater. Slick artificial-intelligence algorithms depend on data, and creeping authoritarianism around the world means that the collection of vast quantities of data may be a recipe for disaster.
But surveillance can also be used to serve sinister ends. And precisely because surveillance is a powerful tool of social control, societies tend to impose limits on the ability of authorities to place individuals under surveillance against their will or without their knowledge. Among the cornerstones of liberal democratic practice is the necessary curtailment of surveillance claims made by monarchs and municipal authorities.
Unconstrained surveillance by law enforcement also can abet starkly antidemocratic tendencies. It prevents private social and political groups from expressing themselves, to the detriment of a pluralistic society. The establishment of powerful surveillance apparatus is a hallmark of totalitarian regimes, which require complete fealty.
Rather quickly, the old legal and social controls were outstripped. As historian Sara Igo notes, it was there, in the postwar period, where the threat to privacy “came not from one particular direction but from every corner of American society,” including “the government and the military, corporations and workplaces, universities and hospitals, media and marketers.”
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