Unintended Consequences: How NSA Revelations May Lead To Even More Surveillance
Lauren Weinstein writes with a slightly depressing end-of-year prediction. An excerpt: "This then may be the ultimate irony in this surveillance saga. Despite the current flood of protests, recriminations, and embarrassments — and even a bit of legal jeopardy — intelligence services around the world (including especially NSA) may come to find that Edward Snowden's actions, by pushing into the sunlight the programs whose very existence had long been dim, dark, or denied — may turn out over time to be the greatest boost to domestic surveillance since the invention of the transistor."
Counterintuitively perhaps, once these programs are made visible they become vastly easier to expand under one justification or another, because you no longer have to worry so much about the very existence of the programs being exposed.
TFA argues:
1) Snowden blows the lid off surveillance schemes, many of which are conducted illegaly.
2) Intelligence agencies would like to continue these programmes and push for legislation to legalize them.
3) Said legislation is passed.
4) Surveillance continues unabated.
5) Profit, sort of.
Our "profit" is that we now know about these surveillance schemes. The problem however is that they will disappear underground again and increase in size and pervasiveness; once they are made legal, politicians (even the opposition) will no longer be much interested in attacking or exposing individual schemes, they will be attacking the legislation. And if the public forgets about the issue quickly enough, they will not succeed there.
Only thing we can do now is push legislation the other way while we have some momentum:
- Make "dragnet"-style surveillance illegal
- Allow wiretapping in individual cases, after approval by a judge (and not a secret panel of judges)
- If a company is not compelled by law to surrender information, they are forbidden to volunteer it.
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...