the politics of the internet lecture 9b privacy and the state what implications does government use...

The Politics of the Internet The Politics of the Internet Lecture 9bLecture 9b

Privacy and the StatePrivacy and the State What implications does government What implications does government

use of data have for privacy??? A key use of data have for privacy??? A key set of questions in the wake of set of questions in the wake of September 11.September 11.

How do we deal with potential trade-How do we deal with potential trade-offs between security and privacy (as offs between security and privacy (as well as other civil rights).well as other civil rights).

Has led to harsh rhetoric from both Has led to harsh rhetoric from both pro-security and pro-privacy advocates pro-security and pro-privacy advocates and proponents of tighter security.and proponents of tighter security.


Privacy and the StatePrivacy and the State Introduction: relationship between Introduction: relationship between

privacy and security.privacy and security. Debates post-September 11.Debates post-September 11. Key controversies:Key controversies:

Patriot ActPatriot Act Total Information AwarenessTotal Information Awareness Airline DataAirline Data NSA Wiretapping ScandalNSA Wiretapping Scandal

Conclusions – striking a balance.Conclusions – striking a balance.


Privacy and SecurityPrivacy and Security Privacy involves control of personal information.Privacy involves control of personal information. Recognized as a right in most advanced Recognized as a right in most advanced

democracies.democracies. But also may come into conflict with security But also may come into conflict with security

interests.interests. Computers and data mining offer powerful new Computers and data mining offer powerful new

tools to collate and analyze information to provide tools to collate and analyze information to provide intelligence.intelligence.

But gathering of this intelligence necessarily But gathering of this intelligence necessarily involves the use of personal information (and thus, involves the use of personal information (and thus, necessarily, the invasion of privacy) in many necessarily, the invasion of privacy) in many instances.instances.


Privacy and the State in recent Privacy and the State in recent US historyUS history Privacy protections vis-à-vis the state were Privacy protections vis-à-vis the state were

considerably expanded in the US in the 1970’s.considerably expanded in the US in the 1970’s. Reaction to some of the abuses of the J. Edgar Reaction to some of the abuses of the J. Edgar

Hoover era FBI.Hoover era FBI. 1974 Privacy Act put clear bounds on the 1974 Privacy Act put clear bounds on the

ability of the state to gather and use ability of the state to gather and use information on private citizens.information on private citizens.

Wiretapping laws became more restrictive, and Wiretapping laws became more restrictive, and US courts began to consider wiretapping US courts began to consider wiretapping without a warrant a breach of Fourth without a warrant a breach of Fourth Amendment rights with the Katz case (1967).Amendment rights with the Katz case (1967).


Privacy and the State in the US Privacy and the State in the US IIII This led to much less domestic This led to much less domestic

intelligence activity than in the past.intelligence activity than in the past. Wiretapping regime required warrants Wiretapping regime required warrants

etc.etc. Broadly-based information gathering on Broadly-based information gathering on

domestic groups was effectively illegal domestic groups was effectively illegal except where there was clear criminal except where there was clear criminal intent.intent.

Indeed, new technologies were more Indeed, new technologies were more difficult to monitor than the old ones.difficult to monitor than the old ones. Battle over FBI’s ‘Carnivore.’ Battle over FBI’s ‘Carnivore.’


September 11September 11 September 11 led to a massive re-September 11 led to a massive re-

evaluation of this – and harsh language.evaluation of this – and harsh language. Two fundamentally different (and Two fundamentally different (and

apparently completely incompatible) apparently completely incompatible) views of the world.views of the world.

Security advocates – argued that it was Security advocates – argued that it was necessary to recognize changed realities necessary to recognize changed realities post September 11.post September 11.

Privacy advocates – claimed that we were Privacy advocates – claimed that we were perhaps on the brink of a newly perhaps on the brink of a newly tyrannical state.tyrannical state.


Security AdvocatesSecurity Advocates Security advocates – argued that US Security advocates – argued that US

intelligence gathering capacities had been intelligence gathering capacities had been crippled by bureaucracy (and, to some extent, crippled by bureaucracy (and, to some extent, by a too-great concern for civil liberties).by a too-great concern for civil liberties).

September 11 Commission – pointed to the September 11 Commission – pointed to the gap between foreign intelligence gathering gap between foreign intelligence gathering (NSA, CIA etc) and domestic policing (FBI (NSA, CIA etc) and domestic policing (FBI etc) as a key reason that the terrorists etc) as a key reason that the terrorists succeeded.succeeded.

Called for a more coherent approach – and Called for a more coherent approach – and for the application of computer technologies for the application of computer technologies to domestic information.to domestic information.


Security analysis and goalsSecurity analysis and goals Broadly speaking, advocates of Broadly speaking, advocates of

security reform wanted.security reform wanted. More cooperation – and information More cooperation – and information

sharing – between different law sharing – between different law enforcement and intelligence gathering enforcement and intelligence gathering services.services.

More application of data mining and More application of data mining and other techniques to available information.other techniques to available information.

More freedom to gather information More freedom to gather information through cooperation with private actors, through cooperation with private actors, through electronic eavesdropping etc.through electronic eavesdropping etc.


Privacy advocatesPrivacy advocates Virulently opposed to any curtailing of Virulently opposed to any curtailing of

civil liberties and freedoms post-civil liberties and freedoms post-September 11.September 11.

Groups like EPIC (Electronic Privacy Groups like EPIC (Electronic Privacy Information Center) and the ACLU Information Center) and the ACLU expressed fears that the state was using expressed fears that the state was using September 11 as an excuse to greatly September 11 as an excuse to greatly expand its powers to monitor its citizens.expand its powers to monitor its citizens.

Sought to create massive publicity Sought to create massive publicity campaigns to stop government campaigns to stop government intrusions.intrusions.


Privacy advocates’ analysis and Privacy advocates’ analysis and goalsgoals Privacy advocates argued that:Privacy advocates argued that:

Many of the new privacy-invasive Many of the new privacy-invasive technologies that were being introduced technologies that were being introduced were completely ineffective against were completely ineffective against terrorism.terrorism.

These technologies, thus, were not being These technologies, thus, were not being introduced because the state wanted to introduced because the state wanted to fight terrorism, but because the state fight terrorism, but because the state wanted to expand its powers.wanted to expand its powers.

If fundamental civil liberties were curtailed If fundamental civil liberties were curtailed in the fight against terrorism, then the in the fight against terrorism, then the terrorists would have won.terrorists would have won.


Security TheaterSecurity Theater Bruce Schneier – a security specialist – Bruce Schneier – a security specialist –

talks about what he calls ‘security theater.’talks about what he calls ‘security theater.’ Big, flashy publicly visible initiatives that Big, flashy publicly visible initiatives that

don’t necessarily do very much to help our don’t necessarily do very much to help our security.security. Having soldiers in airports post-September 11.Having soldiers in airports post-September 11.

Many of these initiatives had privacy Many of these initiatives had privacy implications.implications. Big programs of information gathering and Big programs of information gathering and

analysis that seemed better at soaking up analysis that seemed better at soaking up funds than at actually improving securityfunds than at actually improving security


Privacy TheaterPrivacy Theater But privacy advocates have also But privacy advocates have also

engaged in what one might describe as engaged in what one might describe as ‘privacy theater.’‘privacy theater.’

Hyping up government actions so that Hyping up government actions so that they sound big and scary, when in fact they sound big and scary, when in fact they’re small-scale, or have other they’re small-scale, or have other implications than are implied.implications than are implied.

Advocates argue (in private) that this is Advocates argue (in private) that this is necessary in order to get public necessary in order to get public awareness and fight versus real awareness and fight versus real intrusions (watchdog function).intrusions (watchdog function).


Privacy DebatPrivacy Debat ee Result: a debate that sees a lot of heated Result: a debate that sees a lot of heated

rhetoric from both sides, while it in large rhetoric from both sides, while it in large part ignores the underlying issues.part ignores the underlying issues.

Security advocates focus on need to fight Security advocates focus on need to fight war against terrorism.war against terrorism. Often discount or ignore real civil liberties Often discount or ignore real civil liberties

concerns; even in programs that don’t concerns; even in programs that don’t contribute much to our security.contribute much to our security.

Privacy advocates focus on need to Privacy advocates focus on need to protect civil liberties.protect civil liberties. Don’t often recognize real possibility for trade-Don’t often recognize real possibility for trade-

offs – often use alarmist rhetoric.offs – often use alarmist rhetoric. Both sides often exaggerate the effectiveness Both sides often exaggerate the effectiveness

of wiretapping technologyof wiretapping technology


The Patriot ActThe Patriot Act The disagreement between the two sides The disagreement between the two sides

came to a head with the USA Patriot Act.came to a head with the USA Patriot Act. An incredibly complex piece of legislation An incredibly complex piece of legislation

that was rushed through very shortly after that was rushed through very shortly after 9/11.9/11. Attorney-General Ashcroft demanded that the Attorney-General Ashcroft demanded that the

bill be passed in one week – without changes.bill be passed in one week – without changes. Caused enormous controversy among Caused enormous controversy among

privacy advocates and civil libertarians – privacy advocates and civil libertarians – who saw it as an assault on privacy.who saw it as an assault on privacy.


Patriot Act ProvisionsPatriot Act Provisions Patriot Act did have important Patriot Act did have important

provisions affecting privacy.provisions affecting privacy. Extended government authority to Extended government authority to

engage in Internet surveillance (formally engage in Internet surveillance (formally extended existing wiretapping regime).extended existing wiretapping regime).

Increased access to business records.Increased access to business records. Provided authority for ‘secret’ search Provided authority for ‘secret’ search

warrants (sneak-and-peek).warrants (sneak-and-peek). Made it easier to use various forms of Made it easier to use various forms of

intercepted communication in court.intercepted communication in court.


Privacy advocates and Patriot Privacy advocates and Patriot ActAct Represented by privacy advocates as a Represented by privacy advocates as a

naked power-grab.naked power-grab. ACLU – The bill “had nothing to do with ACLU – The bill “had nothing to do with

fighting terrorism … a successful use of fighting terrorism … a successful use of the terrorist attacks by the FBI to roll back the terrorist attacks by the FBI to roll back unwanted checks on its power.”unwanted checks on its power.”

Argued that the Patriot Act was Argued that the Patriot Act was creating a police state – even library creating a police state – even library lending records were now open to the lending records were now open to the state’s investigative powers.state’s investigative powers.


Security advocates and Patriot Security advocates and Patriot ActAct Security advocates argued that the Patriot Security advocates argued that the Patriot

Act was an entirely appropriate response to Act was an entirely appropriate response to our changed security needs.our changed security needs.

Extension of wiretap regime to Internet was Extension of wiretap regime to Internet was long overdue – law enforcement sometimes long overdue – law enforcement sometimes needed access.needed access.

Increased access to private records was also Increased access to private records was also appropriate in the fight against terrorism.appropriate in the fight against terrorism.

Arcane rules against use of Arcane rules against use of evidence/information sharing had evidence/information sharing had contributed to letting September 11 happen.contributed to letting September 11 happen.


Balance of debateBalance of debate Both sides argued past each other – but both sides Both sides argued past each other – but both sides

had a point.had a point. The privacy advocates were right in saying that the The privacy advocates were right in saying that the

Patriot Act had little or nothing to do with September Patriot Act had little or nothing to do with September 11.11. Many of its provisions had been drafted long before – Justice Many of its provisions had been drafted long before – Justice

Dept took opportunity to get them passed at a moment when Dept took opportunity to get them passed at a moment when there would be little political opposition.there would be little political opposition.

Yet privacy advocates arguably exaggerated the risks Yet privacy advocates arguably exaggerated the risks – for the most part the ‘objectionable’ elements of – for the most part the ‘objectionable’ elements of Patriot Act didn’t do anything to the Internet that Patriot Act didn’t do anything to the Internet that hadn’t already been done to phones or the mail hadn’t already been done to phones or the mail system.system. Although some parts – e.g. the requirements on private Although some parts – e.g. the requirements on private

actors to share information or data, did have little precedent.actors to share information or data, did have little precedent.


The Total Information The Total Information Awareness InitiativeAwareness Initiative TIA – a DARPA initiative.TIA – a DARPA initiative.

Under the oversight of former Under the oversight of former Admiral John Poindexter (disgraced in Admiral John Poindexter (disgraced in the Iran-Contra affair).the Iran-Contra affair).

Sought to bring together new forms Sought to bring together new forms of data mining, and apply them to of data mining, and apply them to national security issues.national security issues.

““to better detect, classify, and identify to better detect, classify, and identify potential foreign terrorists.”potential foreign terrorists.”


TIA structureTIA structure TIA consisted of a number of sub-programs.TIA consisted of a number of sub-programs.

Genisys – aimed at integrating and broadening Genisys – aimed at integrating and broadening databases and information sources through databases and information sources through ‘virtually centralized databases.’‘virtually centralized databases.’

Evidence Extraction and Link Discovery – Evidence Extraction and Link Discovery – datamining for unexpected links between datamining for unexpected links between terrorists.terrorists.

Social Network Analysis – to discover terrorist Social Network Analysis – to discover terrorist cells.cells.

Misinformation analysis, facial ID etc. Misinformation analysis, facial ID etc.


TIA and Privacy ActivistsTIA and Privacy Activists Privacy activists (EPIC etc) discovered Privacy activists (EPIC etc) discovered

TIA, and started publicizing it in the press.TIA, and started publicizing it in the press. Characterized it as a proposed massive Characterized it as a proposed massive

surveillance system, in which all available surveillance system, in which all available information on US citizens would be information on US citizens would be collated and sorted through.collated and sorted through.

William Safire wrote op-eds in the NYT William Safire wrote op-eds in the NYT attacking the program in harsh language.attacking the program in harsh language.

Big Brother language – Poindexter’s Big Brother language – Poindexter’s history and scary logo didn’t help.history and scary logo didn’t help.


Security counter-responseSecurity counter-response Security proponents countered by pointing to Security proponents countered by pointing to

need for better information in fight against need for better information in fight against terrorism.terrorism.

Pointed to simple and Pointed to simple and ex postex post obvious links obvious links between 9/11 hijackers – that could have been between 9/11 hijackers – that could have been discovered by a TIA type program.discovered by a TIA type program. This argument made in September 11 Commission This argument made in September 11 Commission

Report.Report. Said that this wasn’t doing anything that was Said that this wasn’t doing anything that was

illegal under US law, and that there were illegal under US law, and that there were privacy protections in place.privacy protections in place.


ResultsResults Debate over TIA led to a huge controversy Debate over TIA led to a huge controversy

in Congress.in Congress. DARPA had to issue report to Congress DARPA had to issue report to Congress

describing program and (not in any great describing program and (not in any great detail), its privacy implications.detail), its privacy implications.

Congress decided to withdraw all funding Congress decided to withdraw all funding for TIA – the program effectively for TIA – the program effectively disappeared.disappeared.

But only disappeared from public sight – But only disappeared from public sight – key parts of the program survived under key parts of the program survived under different names in different agencies and different names in different agencies and parts of the military/intelligence apparatus.parts of the military/intelligence apparatus.


Balance of DebateBalance of Debate Privacy activists considerably Privacy activists considerably

exaggerated the scope of TIA.exaggerated the scope of TIA. At $20-$40 million a year it was unlikely At $20-$40 million a year it was unlikely

to have serious consequences.to have serious consequences. Technologies were in their infancy – Technologies were in their infancy –

unlikely to be employed for a decade at unlikely to be employed for a decade at least.least.

But DARPA was less than forthcoming But DARPA was less than forthcoming about the TIA.about the TIA. In principle, programs like the TIA have In principle, programs like the TIA have

real and serious privacy consequences.real and serious privacy consequences.


Airline Passenger DataAirline Passenger Data Airline passenger data – an especially Airline passenger data – an especially

sensitive topic post-September 11.sensitive topic post-September 11. Arguments pro- and con- over whether Arguments pro- and con- over whether

or not government should have access or not government should have access to this data in order to detect potential to this data in order to detect potential threats/worrying-looking passengers.threats/worrying-looking passengers.

Most of debate focused on so-called Most of debate focused on so-called Computer-Assisted Passenger Pre-Computer-Assisted Passenger Pre-Screening (CAPPS) program and its Screening (CAPPS) program and its proposed successor, CAPPS-II.proposed successor, CAPPS-II.


Existing state of debateExisting state of debate CAPPS program gave the federal CAPPS program gave the federal

government access to certain kinds of data.government access to certain kinds of data. But highly limited – only invoked a relatively But highly limited – only invoked a relatively

narrow set of data given by passengers to narrow set of data given by passengers to airline (name and payment information).airline (name and payment information).

CAPPS II would have involved much more CAPPS II would have involved much more extensive data analysis.extensive data analysis. Data-mining of a variety of government and Data-mining of a variety of government and

commercial databases with information on commercial databases with information on individuals.individuals.

A much bigger set of passenger data.A much bigger set of passenger data.


Pro-privacy arguments.Pro-privacy arguments. Privacy advocates saw this as like the Privacy advocates saw this as like the

TIA – an initiative that would allow TIA – an initiative that would allow government access to large amounts of government access to large amounts of data on US citizens.data on US citizens. Secondary question – what data should Secondary question – what data should

foreign airlines give?foreign airlines give? Also claimed that the database analysis Also claimed that the database analysis

techniques that were being mooted techniques that were being mooted wouldn’t in fact do very much to stop or wouldn’t in fact do very much to stop or to detect terrorists.to detect terrorists.


Pro-security arguments.Pro-security arguments. Security advocates depicted this as another Security advocates depicted this as another

attempt by privacy advocates to drum up attempt by privacy advocates to drum up hype in order to stop the government from hype in order to stop the government from addressing real security concerns.addressing real security concerns.

Pointed to nature of September 11 attacks – Pointed to nature of September 11 attacks – and possibility that it might have been and possibility that it might have been stopped if we had had better data on the stopped if we had had better data on the terrorists.terrorists.

The argument for better data on flight risks The argument for better data on flight risks seemed to enjoy considerable public support seemed to enjoy considerable public support (unlike other potential privacy intrusions).(unlike other potential privacy intrusions).


ResultsResults Public controversy heightened as it became clear that Public controversy heightened as it became clear that

certain airlines (Northwest Airlines, Jetblue) had certain airlines (Northwest Airlines, Jetblue) had provided data on their passengers to government or provided data on their passengers to government or government contractors to do test-runs on various government contractors to do test-runs on various parts of CAPPS-II.parts of CAPPS-II.

Again, this led to questions in Congress about Again, this led to questions in Congress about whether or not this was appropriate – or whether the whether or not this was appropriate – or whether the CAPPS-II program went too far.CAPPS-II program went too far.

Congress blocked funding of CAPPS-II until the Congress blocked funding of CAPPS-II until the relevant agencies reported on whether the program relevant agencies reported on whether the program would be effective, and what its effects on privacy would be effective, and what its effects on privacy would be.would be.

No such report was forthcoming – but the Department No such report was forthcoming – but the Department of Homeland Security came up instead with a of Homeland Security came up instead with a remarkably similar program called “Secure Flight,” remarkably similar program called “Secure Flight,” which was cancelled $200 million dollars later. which was cancelled $200 million dollars later.

But, according to TSA publications, has been revised But, according to TSA publications, has been revised and reintroduced.and reintroduced.


Balance of debateBalance of debate Privacy advocates were undoubtedly correct Privacy advocates were undoubtedly correct

in pointing to this as a program with real and in pointing to this as a program with real and substantial privacy implications.substantial privacy implications. Currently, there is very little accountability in Currently, there is very little accountability in

airline/govt relationship – even the govt. rules on airline/govt relationship – even the govt. rules on who can fly/not fly aren’t available.who can fly/not fly aren’t available.

Do we want to have more data, risk of false Do we want to have more data, risk of false positives?positives?

But – this is undoubtedly an area where there But – this is undoubtedly an area where there are real – and demonstrable – security risks.are real – and demonstrable – security risks.

Public opinion seems to favour restrictions. Public opinion seems to favour restrictions.

NSA WiretappingNSA Wiretapping

The National Security Agency has been The National Security Agency has been engaged in widescale wiretapping of US engaged in widescale wiretapping of US citizens’ and others’ electronic citizens’ and others’ electronic communications.communications.

Details are not entirely clear – news stories Details are not entirely clear – news stories in the in the Washington PostWashington Post and the and the New York New York TimesTimes may be covering different programs. may be covering different programs.

But it’s clear (a) that the program was But it’s clear (a) that the program was large scale in nature, and (b) that it’s large scale in nature, and (b) that it’s difficult to reconcile with existing US law difficult to reconcile with existing US law on wiretapping.on wiretapping.

On the one hand …On the one hand …

Defenders of the program (President, Defenders of the program (President, Attorney General) say that it’s an Attorney General) say that it’s an appropriate and necessary set of steps to appropriate and necessary set of steps to ensure the security of the American ensure the security of the American public.public.

Have invoked President’s wartime Have invoked President’s wartime powers and Congress’s Authorization of powers and Congress’s Authorization of Military Force.Military Force.

Have claimed that discussing the Have claimed that discussing the program gives aid to the enemy.program gives aid to the enemy.

On the other …On the other …

Critics pointed to dubious legality of the Critics pointed to dubious legality of the program.program. Congressional Research Service has found that it Congressional Research Service has found that it

was probably illegal – something most non-was probably illegal – something most non-administration lawyers agree with.administration lawyers agree with.

Argued against granting retroactive immunity to Argued against granting retroactive immunity to telecommunications providers who cooperated with telecommunications providers who cooperated with the program.the program.

Argued that it wasn’t necessary in fight Argued that it wasn’t necessary in fight against terrorism and that it can be abused.against terrorism and that it can be abused.

Asked how it helps al-Qaeda to know that the Asked how it helps al-Qaeda to know that the program exists (they were probably assuming program exists (they were probably assuming that their communications were tapped that their communications were tapped anyway).anyway).

Protect America ActProtect America Act But this was a hot button political topic But this was a hot button political topic

and critics have mostly lost …and critics have mostly lost … In 2007, Protect America Act was passed.In 2007, Protect America Act was passed. Provided greater scope for government to Provided greater scope for government to

engage in wiretapping of non-US citizens engage in wiretapping of non-US citizens without court approval.without court approval.

FISA Amendments Act of 2008FISA Amendments Act of 2008 provided provided retroactive immunity to retroactive immunity to telecommunications companies.telecommunications companies.

Made wireless phonetapping easier.Made wireless phonetapping easier.

Did the program workDid the program work Neither side in the debate have focused on a basic Neither side in the debate have focused on a basic

question – did the program work for its stated aims and question – did the program work for its stated aims and objectives?objectives?

Arguably, no.Arguably, no. NYT – “- In the anxious months after the Sept. 11 NYT – “- In the anxious months after the Sept. 11

attacks, the National Security Agency began sending a attacks, the National Security Agency began sending a steady stream of telephone numbers, e-mail addresses steady stream of telephone numbers, e-mail addresses and names to the F.B.I. in search of terrorists. The and names to the F.B.I. in search of terrorists. The stream soon became a flood, requiring hundreds of stream soon became a flood, requiring hundreds of agents to check out thousands of tips a month. But agents to check out thousands of tips a month. But virtually all of them, current and former officials say, led virtually all of them, current and former officials say, led to dead ends or innocent Americans. …in bureau field to dead ends or innocent Americans. …in bureau field offices, the N.S.A. material continued to be viewed as offices, the N.S.A. material continued to be viewed as unproductive, prompting agents to joke that a new unproductive, prompting agents to joke that a new bunch of tips meant more "calls to Pizza Hut." bunch of tips meant more "calls to Pizza Hut."

False negatives and false False negatives and false positivespositives

Problem is that data mining techniques aren’t Problem is that data mining techniques aren’t very good at sorting out real threats from very good at sorting out real threats from random patterns.random patterns.

Tend to have a very high ratio of false Tend to have a very high ratio of false positives to real positives.positives to real positives.

Result – for every real terrorist that these Result – for every real terrorist that these techniques turn up, they are likely to finger a techniques turn up, they are likely to finger a very large number of innocent people too.very large number of innocent people too.

The effectiveness of these techniques is The effectiveness of these techniques is typically exaggerated by both sides – data typically exaggerated by both sides – data mining simply doesn’t work well as a means mining simply doesn’t work well as a means for identifying terrorists.for identifying terrorists.

The Politics of the Internet The Politics of the Internet Lecture 9bLecture 9bOverviewOverview

In these three areas, we see that both sides – In these three areas, we see that both sides – privacy advocates and security advocates – have privacy advocates and security advocates – have painted the debate in harsh and uncompromising painted the debate in harsh and uncompromising terms.terms.

Either a question of fundamental security – or of Either a question of fundamental security – or of fundamental civil liberties – and little room for fundamental civil liberties – and little room for negotiation.negotiation.

But is this really true?But is this really true? Arguably (professor’s personal take on this) – Arguably (professor’s personal take on this) –

there is more scope for agreement than either there is more scope for agreement than either side recognizes.side recognizes.

Furthermore, grandstanding obscures the real Furthermore, grandstanding obscures the real issues.issues.


Privacy grandstandingPrivacy grandstanding Privacy advocates often paint new programs Privacy advocates often paint new programs

as major threats to civil liberties.as major threats to civil liberties. Invoke language of Big Brother, Nazi Invoke language of Big Brother, Nazi

Germany etc.Germany etc. But sometimes are very clearly But sometimes are very clearly

exaggerating.exaggerating. TIA was not as far reaching – or practicable – as TIA was not as far reaching – or practicable – as

it was painted.it was painted. Often, even by their own lights, ignore the Often, even by their own lights, ignore the

real issues in favour of the flashy ones real issues in favour of the flashy ones where it is easy to get public anger.where it is easy to get public anger.

Thus – perhaps ineffective.Thus – perhaps ineffective. TIA replaced by clandestine programs.TIA replaced by clandestine programs. CAPPS-II replaced by ‘Secure Flight.’CAPPS-II replaced by ‘Secure Flight.’


Security GrandstandingSecurity Grandstanding Security advocates also engage in exaggeration Security advocates also engage in exaggeration

and evasion.and evasion. There’s a lot to criticize in security arrangements There’s a lot to criticize in security arrangements

post-September 11.post-September 11. A lot of security theater in airports etc.A lot of security theater in airports etc.

Many of the programs that security advocates Many of the programs that security advocates defend seem to have minimal security payoffs, defend seem to have minimal security payoffs, and potentially serious privacy implications.and potentially serious privacy implications.

Refusal to recognize this: appeal to security as Refusal to recognize this: appeal to security as trump card to shut down debate.trump card to shut down debate.

Also, both sides have an interest in exaggerating Also, both sides have an interest in exaggerating immediate impact of many of these technologies.immediate impact of many of these technologies. TIA was a ‘blue sky’ program.TIA was a ‘blue sky’ program. NSA program not very effective.NSA program not very effective.


ConclusionsConclusions There is some real scope for There is some real scope for

compromise in these debates.compromise in these debates. And both security and privacy advocates will And both security and privacy advocates will

admit this – off the record.admit this – off the record. Few on either side really see the issues in Few on either side really see the issues in

the stark black and white terms that they use the stark black and white terms that they use in publicin public

But the real debate hasn’t even begun.But the real debate hasn’t even begun. Instead, we see over-inflated rhetoric Instead, we see over-inflated rhetoric

and failure to properly engage with real and failure to properly engage with real concerns of others.concerns of others.

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