Wednesday, September 24, 2014

"Wired"-tapping Edward Snowden



               Apart from the occasional jaywalk or lapse in due diligence with regard to sorting my household recyclables, I'm what you would call your garden variety, law-abiding citizen. I shy away from online German pornography, I return library books on time, I would never even think of speed-walking with scissors, let alone running with them; I keep my nose clean. More importantly, I keep my electronic devices clean. The bits and bytes of my electronic existence are sufficiently unremarkable as to warrant their being surveilled.  I click on 'accept' at the end of privacy statements with impunity. I'm not worried. I've got nothing to hide.

            That is, until just a few minutes ago. It just dawned on me that in the course of researching Edward Snowden and the infamous security breach that is attached to his name, I very, very recently typed the following words or phrases into the search bar on my web browser: "NSA infiltration"; "precedents for Russian asylum"; "Espionage Act"; and "Tupperware versus Rubbermaid." (OK, that last one doesn't really have me worried so much as it is evidence of my abiding concern for my perishables). In light of Snowden's allegations that the NSA is spying on Americans' internet usage, though, you can see where a fella like me might start wondering if some monolithic, CIA supercomputer database somewhere isn't connecting those other, potentially seditious dots and turning a suspicious, blinking LED eye towards the nascent evidence I am assembling against myself piece by piece. I may have nothing to hide...but The Matrix doesn't know that.

            Alright, Matrix might be a bit of an overstatement (no neural interface...yet), but you can see where this is leading. In the referenced interview, Snowden reports that Prism, the NSA's intelligence gathering program is unique in that it isn't simply combing meta-data for red flags or dubious links; it is collecting actual content. In other words, the whole of our electronic lives, everything we engage in that has some kind of record, whether by phone or computer, is at least potentially, being collected and analyzed without our consent. Medical records, psychiatric diagnoses, sexual predilections, library records, private communications between lovers are all fair game--no warrant necessary.

            Lest we think that we are safe if we have done nothing wrong, imagine anyone, let alone the NSA or FBI having access to all that personal information about you. The temptation towards abuse of that access in order to leverage, extort or otherwise undermine your sheer existence would be too strong for those with that power to resist if they saw some advantage to themselves or their cause could be advanced if only they are willing to use it against you. Imagine a potential prosecutor who knows your every weakness in advance. Such a scenario would render any inquisitor virtually omnipotent.

            Our forefathers imagined such a scenario, albeit not as sophisticated technologically speaking, when they crafted the 4th Amendment to the United States Constitution. In protecting every citizen's right against unreasonable search and seizure, the drafters of the aforementioned document addendum foresaw that giving our government, any government for that matter, too much skewed advantage over its citizens would inevitably lead to the trampling of civil liberties. Thus, those invested with the task of enforcing the law are kept in check by such notions as probable cause and due process. If Edward Snowden is to be trusted, both are woefully lacking in Prism's methods.

           

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