Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss (...) of privacy. Through providing a definition of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article (...) develops a critique of surveillance that focuses on the question of political power in the public sphere. (shrink)

Mass surveillance involves the collection and storage of vast amounts of information, such as DNA samples from the general population, or location data from cell phones towers, aerial surveillance, and other sources, to then be used when a future crime occurs. For example, DNA from a crime scene could be checked against the database to identify a suspect; location data could identify suspects who were at the scene of a crime. Mass surveillance implicates important privacy (...) interests, but it would surely reduce crime and therefore has been defended by those who reject “privacy at all costs.” I also reject “privacy at all costs.” However, while agreeing that privacy is a value that must be balanced against competing values, I argue that requiring everyone to provide a sample of their DNA or keeping track of everyone’s movements would limit the autonomy of vast numbers of people who there is no reason to suspect will pose a threat, and though such policies would make society safer, that is not worth the cost to individual autonomy. After explaining why individuals can have a substantial interest in privacy even if they are not guilty of a crime, by linking that interest to the value of individual autonomy, and drawing on a political theory of liberal pluralism to restrict what counts as a legitimate public interest that might justify mass surveillance, I articulate a method of balancing these competing interests that is more feasible than a utilitarian approach. (shrink)

Recent decades have seen an unprecedented proliferation of surveillance programs by government agencies. This development has been driven both by technological progress, which has made large scale surveillance operations relatively cheap and easy, and by the threat of terrorism, organized crime and pandemics, which supplies a ready justification for surveillance. For a long time, mass surveillance programs have been associated with autocratic regimes, most notoriously with the German Democratic Republic and the Stasi, its secret police. (...) A more recent case in point is the efforts of the People’s Republic of China to set up a comprehensive surveillance system that assigns citizens a score reflecting their social and political conformity. But the current rise of state mass surveillance is mostly attributable to the new readiness of liberal democracies to monitor their populations. The vast surveillance system uncovered by whistleblower Edward Snowden is maintained and supported by a group of established liberal democracies, including the United States, the United Kingdom, Canada, and many others. While surveillance programs of authoritarian regimes, installed to monitor and quash political dissidents, are uncontroversially unjust, surveillance operations carried out by liberal democracies possess at least some prima facie legitimacy. They are set up with the stated objective of protecting citizens against terrorism, organized crime and pandemics, which few would deny is the duty of any state. Still, the expansion of large-scale surveillance by democratic governments has widely been perceived as objectionable or at least problematic on account of its harmful effects on both individuals and liberal society at large. (shrink)

The phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of (...) mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so. (shrink)

The use of facial recognition technology (FRT) as a form of intelligence has recently made a prominent public appearance in the theater of war. During the early months of Russia's invasion of Ukraine, Ukrainian authorities relied on FRT as part of the country's defensive activities, harnessing the technology for a variety of purposes, such as unveiling covert Russian agents operating amid the Ukrainian population; revealing the identity of Russian soldiers who committed war crimes; and even identifying dead Russian soldiers. This (...) constellation of uses of FRT—in a war increasingly waged on the digital and information front—warrants ethical examination. The essay discusses some of the most serious concerns with FRT in the context of war, including the infringement of informational privacy; the indiscriminate and disproportionate harms it may inflict, particularly when the technology is coupled with social media intelligence; and the potential abuse of the technology once the fog of war dissipates. Some of these concerns parallel those to be found in nations that are not engulfed in war, but others are unique to war-torn settings. (shrink)

PurposeThis paper aims to present results of a study that focused on the question of how computer and data experts think about Internet and social media surveillance after Edward Snowden’s revelations about the existence of mass-surveillance systems of the Internet such as Prism, XKeyscore and Tempora. Computer and data experts’ views are of particular relevance because they are confronted day by day with questions about the processing of personal data, privacy and data protection.Design/methodology/approachThe authors conducted two focus (...) groups with a total of ten experts based in London. As London is considered by some as the surveillance capital of the world, and has a thriving Internet industry, it provided a well-suited context.FindingsThe focus group discussions featured three topics that are of crucial importance for understanding Internet and social media surveillance: the political economy surveillance in general; surveillance in the context of the Snowden revelations; and the question what the best political reactions are to the existence of a surveillance-industrial complex that results in political and economic control of the Internet and social media. The focus groups provided indications that computer and data experts are pre-eminently informed on how Internet surveillance works, are capable of critically assessing its implications for society and have ideas about on what should be done politically.Originality/valueStudies of privacy and surveillance after Edward Snowden’s revelations have taken on a new dimension: Large-scale covert surveillance is conducted in a collaborative endeavour of secret services, private communications corporations and security companies. It has become evident that a surveillance-industrial Internet surveillance complex exists, in which capitalist communications and security corporations and state institutions collaborate. (shrink)

Debates about the moral permissibility of mass electronic surveillance often turn on whether consequentialist considerations legitimately trump relevant deontological rights and principles. In order to establish such overriding consequences, many proponents of mass surveillance employ a modern analogue of Pascal’s wager: they contend that the consequences of no surveillance are so severe that any probability of such outcomes legitimates the abrogation of the relevant rights. In this paper, I briefly review Pascal’s original wager about whether (...) to live a pious life, including two classes of objections that were almost immediately leveled against his argument. I then show that analogues of those objections apply straightforwardly to the modern versions of Pascal’s wager. Mass electronic surveillance might be ethically permissible or even obligatory in some circumstances, but the details matter in ways that are systematically ignored or assumed away in a Pascal’s wager-type argument. Careful consideration of the complexities of our modern situation is required to decide whether consequentialist considerations override deontological principles in this domain. (shrink)

While the academic separation of policing and regulation is still largely operative, points of convergence are more significant than ever in the digital age, starting with concomitant debates about algorithms as a new figure of power. From the policing of illegal activities to the regulation of legal ones, the algorithmization of such critical social ordering practices has been the subject of growing attention. These burgeoning discussions are focused on one common element: big data surveillance. In accordance with such similarities (...) and paralleled developments in policing and regulation, the article aims to further bridge the gap between literatures to respond to the calls for studying big data surveillance across institutional domains and social fields. To do so, it is focused on one case study that articulates algorithmic policing and regulation domains, in-between security and economic fields. This is the fight against illicit finance, i.e. ‘the global action against the financial flows that fuel crime and terrorism’. To what extent does big data surveillance make a difference in the main global policy of crime-fighting and financial regulation? Drawing on a fieldwork in a large North American bank, the present article takes stock of the algorithmic overlap between policing and regulation. It argues that the final result is policing and regulation of neither too much nor too little, which gives rise to automated and everyday mass surveillance while remaining as far removed from regulatory and crime-fighting ambitions as it is from dystopian visions of big data and algorithmic drama. (shrink)

Governments regularly rely on citizens’ cooperation in exercising their authority, including the enforcement of rules. This is not only common, but also a necessary practice in a legal system. Technology makes such reliance easier, facilitating increased enforcement of law at little cost. Emergency provides an added legitimizing logic, encouraging citizens’ cooperation and leading them to uncritically follow the government’s lead to reduce the risk to the nation and to themselves. This article considers governments’ crowdsourcing citizens to monitor and surveil other (...) citizens. One central concern this practice raises is that it allows governments to circumvent the limits of their legitimate authority and to augment their power while also obscuring the actor responsible for the surveillance and enforcement action. Consequently, accountability and public oversight over the government are diminished. Where does conventional enlisting of cooperation from law-abiding citizens end, and crowdsourcing totalitarian mass mobilization of citizens against fellow citizens begin? The article’s principal claim is that a bright line should be drawn where governments’ crowdsourcing of information from citizens serves as a means to circumvent democratic checks on their power to collect information, while also disguising the actor responsible for the surveillance. Such practice severely erodes social trust between citizens, jeopardizing their ability to organize and collaborate as engaged citizens and thus serve as a check on government. It further grants excessive power to some citizens over others, endangering the latter’s freedom, especially where the information gathered is used to symbolically or actually exclude certain individuals from the political community. (shrink)

The Internet of Things (IoT) is an emerging global infrastructure that employs wireless sensors to collect, store, and exchange data. Increasingly, applications for marketing and advertising have been articulated as a means to enhance the consumer shopping experience, in addition to improving efficiency. However, privacy advocates have challenged the mass aggregation of personally-identifiable information in databases and geotracking, the use of location-based services to identify one’s precise location over time. This paper employs the framework of contextual integrity related to (...) privacy developed by Nissenbaum (Privacy in context: technology, policy, and the integrity of social life. Stanford University Press, Stanford, 2010) as a tool to understand citizen response to implementation IoT-related technology in the supermarket. The purpose of the study was to identify and understand specific changes in information practices brought about by the IoT that may be perceived as privacy violations. Citizens were interviewed, read a scenario of near-term IoT implementation, and were asked to reflect on changes in the key actors involved, information attributes, and principles of transmission. Areas where new practices may occur with the IoT were then highlighted as potential problems (privacy violations). Issues identified included the mining of medical data, invasive targeted advertising, and loss of autonomy through marketing profiles or personal affect monitoring. While there were numerous aspects deemed desirable by the participants, some developments appeared to tip the balance between consumer benefit and corporate gain. This surveillance power creates an imbalance between the consumer and the corporation that may also impact individual autonomy. The ethical dimensions of this problem are discussed. (shrink)

Mass data surveillance practices have received heightened attention in international law since the Snowden revelations of 2013. In this article, I examine whether that attention has given rise to a “Grotian moment” regarding the regulation of these activities under international law. At the outset, I answer that question in the negative and conclude that no general customary international law rules have emerged. Yet, that is not the end of the story. At a more fundamental and conceptual level, far (...) reaching transformative process are underway in international law within the context of datafication. These concern new forms of power and/or control over data flows, and data surveillance practices are an inherent feature of that power. I contend that although there is no accelerated process of customary international law formation regarding data surveillance activities, it may be that a prolonged, epochal, Grotian moment is taking place. To that end, I argue that data surveillance must be understood as one manifestation of a broader constellation of shifts, through which ‘developments that profoundly impact the logic of territory or/and the “logic of capital” without signalling the arrival of a new international order’ are arguably in the making. (shrink)

La surveillance de masse peut être considérée comme un trait caractéristique des sociétés modernes. Son importance n’a d’égal que les moyens mis en place pour recueillir et amasser des renseignements. Parmi ces moyens, les nouvelles technologies de surveillance et de contrôle et surtout les manières de les déployer soulèvent un certain nombre d’enjeux éthiques qui, en avril 2008, ont fait l’objet d’un avis de la Commission de l’éthique de la science et de la technologie : Viser un juste (...) équilibre : un regard éthique sur les nouvelles technologies de surveillance et de contrôle à des fins de sécurité́. S’appuyant sur cette réflexion, cet article a pour objectif de montrer en quoi le déploiement des nouvelles technologies de surveillance et de contrôle constituera un défi pour la réflexion éthique dans la prochaine décennie. Les grandes lignes de l’avis et les technologies qui y sont abordées sont brièvement présentées. (shrink)

The War on Terror is an ambiguous term that has been used to circumvent the international laws of warfare. Instead of moving toward peace by way of limited warfare, and instead of preserving the independence of war and peace, War on Terror advances by masking itself in a fog of peace; it proliferates by overlapping the logic of “war-time” and “peace-time” operations. The fog of peace—as it shall herein be called—is a condition wherein the uncertainty qua “fog” of war,2 along (...) with its militarized logic, overlaps with and eventually replaces civilian peace-time-and-spaces. The War on Terror is thus not a limiting of war by way of the conventional modern mechanisms of international law and diplomacy; it is a continuation of war by other means, including the use covert, often black-boxed methods of information-capture and surveillance. Globally, states are expanding the powers of intelligence organs and deploying covert mass surveillance programs in the name of counter-terrorism. In this manner, counter-terrorism policies become instruments enabling states to become predatory, especially in relation to civilians. Under the banner of fighting terrorism, peace-time has unwittingly become colonized by the logic of war. (shrink)

The essays in this book clarify the technical, legal, ethical, and social aspects of the interaction between eHealth technologies and surveillance practices. The book starts out by presenting a theoretical framework on eHealth and surveillance, followed by an introduction to the various ideas on eHealth and surveillance explored in the subsequent chapters. Issues addressed in the chapters include privacy and data protection, social acceptance of eHealth, cost-effective and innovative healthcare, as well as the privacy aspects of employee (...) wellness programs using eHealth, the use of mobile health app data by insurance companies, advertising industry and law enforcement, and the ethics of Big Data use in healthcare. A closing chapter draws on the previous content to explore the notion that people are 'under observation', bringing together two hitherto unrelated streams of scholarship interested in observation: eHealth and surveillance studies. In short, the book represents a first essential step towards cross-fertilization and offers new insights into the legal, ethical and social significance of being 'under observation'. (shrink)

What is to be gained by studying visual observation in Mass Observation's COVID-19 collections? What can we see of the pandemic through diarists’ images and words? Visual methods were part of the plural research strategies of social research organisation Mass Observation (MO) in its first phase, when it was established in 1937, but remained marginal in relation to textual research methods. This continues with the post-1981 revival of the Mass Observation Project (MOP), with its emphasis on life (...) writing. With wider shifts in technology and accessibility, however, even when they are not solicited, photographs now accompany MOP correspondents’ submissions. In MO’s substantial COVID-19 collections, images appear in or as diary entries across a range of forms, including hand-drawn illustrations, correspondent-generated photographs, creative photomontages, and screengrabs of memes. In addition, diarists offer textual reflections on COVID-19's image cultures, such as the role of photographs in pandemic news media, as well as considering how the pandemic is intersecting with the visual in more abstract ways, from themes of surveillance and ‘Staying Alert’ in public health messaging to internal pictorial imaginaries produced as a result of isolation and contemplation. Positioning these materials in relation to wider patterns in pandemic visual culture, including public photographic collecting projects that make explicit reference to MO as their inspiration, this article considers the contribution of the visual submissions and image-rich writing in MO's COVID-19 collections to the depiction of a virus commonly characterised as invisible. (shrink)

The design and reporting of data-driven studies seeking to measure misinformation are patchy and inconsistent, and these studies rarely measure associations with, or effects on, behaviour. The consequence is that data-driven misinformation studies are not yet useful as an empirical basis for guiding when to act on emerging misinformation threats, or for deciding when it is more appropriate to do nothing to avoid inadvertently amplifying misinformation. In a narrative review focused on examples of health-related misinformation, we take a critical perspective (...) of data-driven misinformation studies. To address this problem, we propose a curated and open library of misinformation examples and describe its structure and how it might be used to support actionable surveillance. We draw on experiences with other curated repositories to speculate on the likely challenges related to achieving critical mass and maintaining data consistency. We conclude that an open library of misinformation could help improve the consistency of data-driven misinformation study design and reporting, as well as provide an empirical basis from which to make decisions about how to act on new and emerging misinformation threats. (shrink)

This article compares political clientelism and datafied campaigning as two modes of relating politicians/parties and voters that are centred around voter surveillance. It contributes to the discussion on consequences of Big Data by showing similarities of datafied campaigns with a type of electoral politics that pre-dates the advent of mass media and is usually regarded as deficient. It thus departs from the predominant perspective on datafication and surveillance, which draws on Foucault, in order to identify the particular (...) challenges that datafication poses in the realm of democratic electoral politics. They are related to four major aspects in which datafied campaigning resembles political clientelism, as opposed to the combination of ideology, issue-based campaigning and media appeal that characterized Western European party politics in the second half of the 20th century. It personalizes the relationship between politicians and voters with the help of intermediaries; it is based on an asymmetric and iterative monitoring of voters; it implies a strong particularism and an affinity with populist appeals; and it is ambivalent with regard to the volition of voters. The identification of these similarities renders general concerns about the consequences of datafied campaigning for democracy more concrete. It offers a mirror in which seemingly novel practices are revealed to have implications that are well known to be problematic for the quality of democracy. (shrink)

The main theme of the paper is the role of the mass media in the production, creation, retention, protection and defense of a social order, or in carrying out revisions, or cosmetic and extensive changes to it. In the first section, the author explains the Power of the Mass Media by looking at Foucauldian leprosy/plague management. The second part, Docile Mass Media Producers Under Panoptic Control, deals with the routinization of the mass media craft. Finally, the (...) Social Order of Docile Individuals who Feel Freedom takes a closer look at the social order and how it is created by mass media producers (as professionals in their craft). (shrink)

While medicine may agree in principle that cancer screening requires informed consent, such consent is not, in fact, common practice. In the case of prostate-cancer screening this means that men in large numbers undergo PSA testing with little understanding of its liabilities – in particular, that it may or may not decrease mortality, often detects cancer of questionable significance, and may lead to unnecessary surgery. Given that prostate cancer is known to be overtreated and that family history is a risk (...) factor, it follows that a man diagnosed with prostate cancer, even if it is of no clinical significance, automatically promotes his son into the high-risk category; and given that those so categorized are subject to heightened medical surveillance and that the more diligently medicine searches for prostate cancer the more likely it is to find it, it follows that the sons of men diagnosed as a result of PSA testing are at risk of being overdiagnosed (and overtreated) precisely because their father was. Twenty years into the PSA revolution, its generational consequences have not been discussed in the medical literature. (shrink)

A 1998 Cincinnati Enquirer investigation into the Central American labor practices of Chiquita Brands International was substantiated by the taped words of company officials themselves. Yet, soon after publication, the Enquirer ran a stunning front-page retraction and disavowed the report without challenging its claims. The Gannett Corporation, the paper's owner, paid Chiquita $14 million to avoid a suit. The resultant outcry by journalists was directed not at Gannett, but at lead reporter Michael Gallagher, who had surreptitiously accessed Chiquita voice mail (...) to support his allegations. Rather than being lauded as a tough investigative reporter serving a greater good, Gallagher was fired, convicted, sued by Chiquita, and vilified in the media. Was the backlash driven simply by higher ethical standards or also by anxieties about intrusive technology? A reexamination of the case suggests the latter explanation and helps frame an evolving debate about electronic eavesdropping by the media. (shrink)

Current approaches to cyber-security are not working. Rather than producing more security, we seem to be facing less and less. The reason for this is a multi-dimensional and multi-faceted security dilemma that extends beyond the state and its interaction with other states. It will be shown how the focus on the state and “its” security crowds out consideration for the security of the individual citizen, with detrimental effects on the security of the whole system. The threat arising from cyberspace to (...) (national) security is presented as possible disruption to a specific way of life, one building on information technologies and critical functions of infrastructures, with relatively little consideration for humans directly. This non-focus on people makes it easier for state actors to militarize cyber-security and (re-)assert their power in cyberspace, thereby overriding the different security needs of human beings in that space. Paradoxically, the use of cyberspace as a tool for national security, both in the dimension of war fighting and the dimension of mass-surveillance, has detrimental effects on the level of cyber-security globally. A solution out of this dilemma is a cyber-security policy that is decidedly anti-vulnerability and at the same time based on strong considerations for privacy and data protection. Such a security would have to be informed by an ethics of the infosphere that is based on the dignity of information related to human beings. (shrink)

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, (...) the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)

We often praise and blame groups of people like companies or governments, just like we praise and blame individual persons. This makes sense. Because some of the most important problems in our society, like climate change or mass surveillance, are not caused by individual people, but by groups. Philosophers have argued that there exists such a thing as group responsibility, which does not boil down to individual responsibility. This type of responsibility can only exist in groups that are (...) organized with joint knowledge, actions and intentions. However, often disorganized groups without joint knowledge, actions and intentions are precisely the kinds of groups that cause problems. Therefore, in such cases, it becomes difficult, according to traditional accounts of collective responsibility to attribute responsibility to such groups. This has problematic implications. Therefore, I propose a new way of seeing collective responsibility, which is able to attribute the vice of irresponsibility to such disorganized groups. This involves seeing responsibility not as a relationship between the group and some action, but rather, as a virtue. In cases where it is difficult to establish whether a group is responsible for something, we should ask ‘is this group responsible, or irresponsible?’ This line of questioning is likely to be a more productive and philosophically legitimate way of holding groups morally responsible in such cases. (shrink)

Purpose A survey of the attitudes of students in eight countries towards the revelations of mass surveillance by the US’ NSA and the UK’s GCHQ has been described in an introductory paper and seven country-specific papers. This paper aims to present a comparison of the results from these countries and draws conclusions about the similarities and differences noted. Design/methodology/approach A questionnaire was deployed in Germany, Japan, Mexico, New Zealand, The People’s Republic of China, Spain, Sweden and Taiwan. The (...) original survey was in English, translated into German, Japanese and Chinese for relevant countries. The survey consists of a combination of Likert scale, Yes/no and free-text responses. The results are quantitatively analysed using appropriate statistical tools and the qualitative answers are interpreted. Findings There are significant differences between respondents in the countries surveyed with respect to their general privacy attitudes and their willingness to follow Snowden’s lead, even where they believe his actions served the public good. Research limitations/implications Owing to resource limitations, only university students were surveyed. In some countries, the relatively small number of respondents limits the ability to make meaningful statistical comparisons between respondents from those countries and from elsewhere on some issues. Practical implications Snowden’s actions are generally seen as laudable and having had positive results, among the respondents surveyed. Such results should give pause to governments seeking to expand mass surveillance by government entities. Originality/value There have been few surveys regarding attitudes to Snowden’s revelations, despite the significant press attention and political actions that have flowed from it. The context of attitudes to both the actions he revealed and the act of revelation itself is useful in constructing political and philosophical arguments about the balance between surveillance activity for state security and the privacy of individual citizens. (shrink)

Cécile Fabre draws back the curtain on the ethics of espionage and counterintelligence. In a book rich with historical examples she argues that spying is only justified to protect against ongoing violations of fundamental rights. Blackmail, bribery, mass surveillance, cyberespionage, treason, and other nefarious activities are considered.

Many governments have seen digital health technologies as promising tools to tackle the current COVID-19 pandemic. A much-talked example in this context involves the recent deluge of digital contact tracing apps aimed at detecting Covid-19 exposure. In this short contribution we look at the bio-political justification of this phenomenon and reflect on whether DCT apps constitute, as it is often argued, a serious potential breach of our right to privacy. Despite praising efforts attempting to develop legal and ethical frameworks for (...) DCT apps’ usage; we argue that such endeavours are not sufficient to tackle the more fundamental problem of mass surveillance, which will remain largely unaddressed unless we deal with the biopolitical arguments presented and resort to a technical and structural defence. (shrink)

Using a new materialist line of questioning that looks at the agential potentialities of water and its entanglements with Big Data and surveillance, this article explores how the recent Snowden revelations about the National Security Agency have reignited media scholars to engage with the infrastructures that enable intercepting, hosting, and processing immeasurable amounts of data. Focusing on the expansive architecture, location, and resource dependence of the NSA’s Utah Data Center, I demonstrate how surveillance and privacy can never be (...) disconnected from the material infrastructures that allow and render natural the epistemological state of mass surveillance. Specifically, I explore the NSA’s infrastructure and the million of gallons of water it requires daily to cool its servers, while located in one of the driest states in the US. Complicating surveillance beyond the NSA, as also already imbricated with various social media companies, this article questions the emplacement and impact of corporate data centers more generally, and the changes they are causing to the landscape and local economies. I look at how water is an intriguing and politically relevant part of the surveillance infrastructure and how it has been constructed as the main tool for activism in this case, and how it may eventually help transform the public’s conceptualization of Big Data, as deeply material. (shrink)

The Public Sphere from Outside the West brings together established and emerging new voices from philosophy, literature, anthropology, history, migration studies and information technology to address the present reality of the public sphere. In the age where everyone is in the public and everything is visible, this volume creates a delay in which the internet of things, mass surveillance and social media are asked "What is/not the Public?†? The essays bring to attention the formation of geo-politically and historically (...) distinct public spheres from South Africa, India, America and Europe. Such formations are found not only in the postcolonial histories of print, photography, cinema and caricature but also those underway in the digital era, such as the Arab Spring, Occupy movements and Anonymous. Through critical engagement with philosophers such as Kant, Heidegger, Benjamin, Habermas and Arendt, the determining concepts of the Public Sphere-privacy, secrecy, reason, the people-are shown to be undergoing epistemological and practical ruptures. Demonstrating the necessity of these considerations to understand the world public that is rapidly transforming this concept in radical ways through technologies today, this is the first collection on the subject to feature an impressive range of international thinkers. Global and timely in outlook, it breaks new ground and changes our way of looking at politics in the 21st century. (shrink)

Rapid advancements in machine learning techniques allow mass surveillance to be applied on larger scales and utilize more and more personal data. These developments demand reconsideration of the privacy-security dilemma, which describes the tradeoffs between national security interests and individual privacy concerns. By investigating mass surveillance techniques that use bulk data collection and machine learning algorithms, we show why these methods are unlikely to pinpoint terrorists in order to prevent attacks. The diverse characteristics of terrorist attacks—especially (...) when considering lone-wolf terrorism—lead to irregular and isolated footprints. The irregularity of data affects the accuracy of machine learning algorithms and the mass surveillance that depends on them which can be explained by three kinds of known problems encountered in machine learning theory: class imbalance, the curse of dimensionality, and spurious correlations. Proponents of mass surveillance often invoke the distinction between collecting data and metadata, in which the latter is understood as a lesser breach of privacy. Their arguments commonly overlook the ambiguity in the definitions of data and metadata and ignore the ability of machine learning techniques to infer the former from the latter. Given the sparsity of datasets used for machine learning in counterterrorism and the privacy risks attendant with bulk data collection, policymakers and other relevant stakeholders should critically re-evaluate the likelihood of success of the algorithms and the collection of data on which they depend. (shrink)

Many actors mobilize the cognitive, legal and technical tool-box of data protection when they discuss and address controversial issues such as digital mass surveillance. Yet, critical approaches to the digital only barely explore the politics of data protection in relation to data-driven governance. Building on governmentality studies and Actor-Network-Theory, this article analyses the potential and limits of using data protection to critique the ‘digital age’. Using the conceptual tool of dispositifs, it sketches an analytics of data protection and (...) the emergence of its configuration as ‘data protection by design and by default’. This exploration reminds us that governing through data implies, first and foremost, governing digital data. (shrink)

Cognitive technology is an umbrella term sometimes used to designate the realm of technologies that assist, augment or simulate cognitive processes or that can be used for the achievement of cognitive aims. This technological macro-domain encompasses both devices that directly interface the human brain as well as external systems that use artificial intelligence to simulate or assist (aspects of) human cognition. As they hold the promise of assisting and augmenting human cognitive capabilities both individually and collectively, cognitive technologies could produce, (...) in the next decades, a significant effect on human cultural evolution. At the same time, due to their dual-use potential, they are vulnerable to being coopted by State and non-State actors for non-benign purposes (e.g. cyberterrorism, cyberwarfare and mass surveillance) or in manners that violate democratic values and principles. Therefore, it is the responsibility of technology governance bodies to align the future of cognitive technology with democratic principles such as individual freedom, avoidance of centralized, equality of opportunity and open development. This paper provides a preliminary description of an approach to the democratization of cognitive technologies based on six normative ethical principles: avoidance of centralized control, openness, transparency, inclusiveness, user-centeredness and convergence. This approach is designed to universalize and evenly distribute the potential benefits of cognitive technology and mitigate the risk that such emerging technological trend could be coopted by State or non-State actors in ways that are inconsistent with the principles of liberal democracy or detrimental to individuals and groups. (shrink)

Professor Shannon Vallor’s theoretical framework of technomoral virtue ethics identifies character traits that can be cultivated to foster a future worth wanting in an environment of emerging technologies. Such technologies and increased citizen participation in the new digital environment have reconfigured what is possible in policing and intelligence-gathering more quickly, perhaps, than sober and sensible policy reflection and formulation can keep pace with. Sensational and dramatic, seismic and devastating, the Snowden disclosures represent a particular expression of dissent against American intelligence (...) community exploitation of emerging technologies in undertaking mass surveillance on a global scale. Responses to Snowden’s actions, and perceptions of the value of the disclosures he made, are polarized. Polar opposites equate to vices in the Aristotlean view that posits virtue as the middle way. Here, the theoretical framework of technomoral virtue ethics is used for objective evaluation of Snowden’s asserted motivations and documented actions against the benchmark of good cyber-citizenship that the framework describes. The fact that Snowden’s account is strongly disputed by the U.S. Government does not in and of itself invalidate a theoretical evaluation. It is not the probative value of Snowden’s account that is being tested, but how the narrative presented measures up to an ethical framework. (shrink)

How should we understand the surveillance state post Snowden? This paper is concerned with the relationship between increased surveillance capacity and state power. The paper begins by analysing two metaphors used in public post Snowden discourse to describe state surveillance practices: the haystack and the panopticon. It argues that these metaphors share a flawed common entailment regarding surveillance, knowledge and power which cannot accurately capture important aspects of state anxiety generated by mass surveillance in (...) an age of big data. The paper shows that the nature of big data itself complicates the power attributed to mass surveillance states by these metaphors and those who use them. Relying heavily on Ezrahi’s distinction between information and knowledge, the paper situates this argument concerning the state and anxiety borne of information overload in the context of literature that concerns the state and information management. Drawing primarily on James Scott’s work on legibility, it argues that the big data born of mass surveillance problematises the concept of information as empowering the state. Instead, understanding mass surveillance in an age of big data requires understanding the relationship between the surveillance state and information in terms of anxiety as well as power. (shrink)

Essays and documents in support of the works of Gaialight - DOCUMENTS: The Passion of Jeanne d’Art (2007) - Letter to Gaia (2007) - “Art as Such”: This is Not Pop ... (2008) - Writing Toward Darkness (2009) - Scarlett Words: Light America (2009) - The Darklight Elaboration (2010) - The Darklight Elaboration: Zeitgeist or Episteme? (2010) - Cam Girls (2011) - Brooklyn Buzz (2011) - Brooklyn Buzz: The Semi-divine Metropolis (2011) - Reconnaissance: Light War, Mass Surveillance, Video (...) Games (2011) - First Cause (2011) - Met Ladies (2011) - When Cam Girls Met Ladies (2011) / OUTTAKES (2007): 15 Questions About Editioned Art Photography (2007) - A Few Awkward Questions for Francesca Woodman (2007) - October Revolution (2007) . (shrink)

The Snowden Archive-in-a-Box is an offline wireless network and web server providing private access to a replica of the Snowden Digital Surveillance Archive. The online version is hosted by Canadian Journalists for Free Expression. A work-in-development since April 2015, the Archive-in-a-Box is both a research tool and a tool for public education on data surveillance. The original version is powered with battery packs and housed in a 1960s spy style briefcase. When it is turned on, anybody in the (...) vicinity can access the archive by connecting their wireless device to the Snowden Archive WiFi network and browsing to a website. Open the briefcase up and one finds a wood panel with a flatscreen inset, playing back the IP traffic of the archive's current users. Thus, while an audience such as a class of students or workshop group can access the Snowden documents and learn about mass surveillance from primary materials, they are also shown what data surveillance ‘looks like’. This Commentary explores my experiences during the first year of the Snowden Archive-in-a-Box. I examine my experiences as an international traveller carrying a suspicious briefcase of Top Secret materials and this project's reception by certain audiences. The project is still a prototype, yet it is quickly gathering a following and a number of permanent installations around the world. What could this mean for the future of surveillance education and leaks-enabled research? (shrink)

Anonymising technologies are cyber-tools that protect people from online surveillance, hiding who they are, what information they have stored and what websites they are looking at. Whether it is anonymising online activity through ‘TOR’ and its onion routing, 256-bit encryption on communications sent or smart phone auto-deletes, the user’s identity and activity is protected from the watchful eyes of the intelligence community. This represents a clear challenge to intelligence actors as it prevents them access to information that many would (...) argue plays a vital part in locating and preventing threats from being realised. Moreover, such technology offers more than ordinary information protections as it erects ‘warrant-proof’ spaces, technological black boxes that no matter what some authority might deem as being legitimately searchable is protected to the extent that there are very limited or non-existent means of forcing oneself in. However, it will be argued here that not only is using such anonymising technology and its extra layer of protection people’s right, but that it is ethically mandatory. That is, due to the en masse surveillance—from both governments and corporations—coupled with people’s limited awareness and ability to comprehend such data collections, anonymising technology should be built into the fabric of cyberspace to provide a minimal set of protections over people’s information, and in doing so force the intelligence community to develop more targeted forms of data collection. (shrink)

Nowadays, social media analysis systems are feeding on user contributed data, either for beneficial purposes, such as emergency management, or for user profiling and mass surveillance. Here, we carry out a discussion about the power and pitfalls of public accessibility to social media-based systems, with specific regards to the emergency management application EARS. We investigate whether opening such systems to the population at large would further strengthen the link between communities of volunteer citizens, intelligent systems, and decision makers, (...) thus going in the direction of developing more sustainable and resilient societies. Our analysis highlights fundamental challenges and provides interesting insights into a number of research directions with the aim of developing human-centered social media-based systems. (shrink)

In the wake of the controversial Snowden leaks, Alan Rusbridger observes that the National Security Administration [NSA] and Government Communications Headquarters [GCHQ] maintain that their mass spying is justified because it prevents the world from “going dark.” This paper will explore the meaning and philosophical significance of “going dark” and argue that the NSA and GCHQ’s claim appeals—wittingly or unwittingly—to J.S. Mill’s ethical principle of utility. This paper will therefore critique this argument within Mill’s utilitarian framework to demonstrate that (...) its appeal to utility is illegitimate. Finally, this paper will argue that utility dictates that this mass surveillance is unjustifiable and should be terminated. (shrink)

Investigating the reality and significance of racial categories, Remapping Race in a Global Context examines the role of race in human genomics, biomedicine, and struggles for social justice around the world. In this book, biologists, anthropologists, historians, and philosophers inspect critical questions around the biological reality of race and how it has been understood in different national and regional contexts. The essays also examine debates on the usefulness of race in medical and epidemiological studies. With focus on the fields of (...) human genomics and biomedicine, this book presents critical findings on whether and how race might be ethically and epistemologically justified in our age of personalized medicine, mass surveillance, and biased algorithms. The book will be of interest to researchers and advanced students in a broad range of scientific and humanistic disciplines, including biology, anthropology, geography, philosophy, cultural or community studies, critical race theory, and any field concerned with the deep racial dividing lines running across societies globally. (shrink)

The paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection of one’s persona in (...) Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance. (shrink)

Il s’agit ici d’analyser un objet urbain, la caméra de vidéosurveillance, et de saisir de quelle manière cet objet segmente virtuellement – mais effectivement – l’espace urbain et affecte intimement les individus. Dans un contexte de brouillage entre sphère publique et privée, nous montrerons comment les dispositifs de caméras, tout en participant à la dislocation de la masse, peuvent être considérés comme les nouveaux murs de nos individuations.This article analyses an urban object, the video surveillance camera, and attempts to (...) show how it segments city spaces – virtually but effectively – and closely affects individuals. In a context of blurred boundaries between the public and private spheres, we show how video camera systems, while contributing to the dislocation of urban masses, can also be seen as a new way of ring-fencing human individuation. (shrink)

We are now acutely aware, as if all of the sudden, that data matters enormously to how we live. How did information come to be so integral to what we can do? How did we become people who effortlessly present our lives in social media profiles and who are meticulously recorded in state surveillance dossiers and online marketing databases? What is the story behind data coming to matter so much to who we are? -/- In How We Became Our (...) Data, Colin Koopman excavates early moments of our rapidly accelerating data-tracking technologies and their consequences for how we think of and express our selfhood today. Koopman explores the emergence of mass-scale record keeping systems like birth certificates and social security numbers, as well as new data techniques for categorizing personality traits, measuring intelligence, and even racializing subjects. This all culminates in what Koopman calls the “informational person” and the “informational power” we are now subject to. The recent explosion of digital technologies that are turning us into a series of algorithmic data points is shown to have a deeper and more turbulent past than we commonly think. Blending philosophy, history, political theory, and media theory in conversation with thinkers like Michel Foucault, Jürgen Habermas, and Friedrich Kittler, Koopman presents an illuminating perspective on how we have come to think of our personhood—and how we can resist its erosion. (shrink)

The 2006 outbreak of E. coli O157:H7, traced to bagged spinach from California, illustrates a number of contradictions. The solutions sought by many politicians and popular food analysts have been to create a centralized federal agency and a uniform set of production standards modeled after those of the animal industry. Such an approach would disproportionately harm smaller-scale producers, whose operations were not responsible for the epidemic, as well as reduce the agroecological diversity that is essential for maintaining healthy human beings (...) and ecosystems. Why should responses that only reinforce the problem be proffered? We use the framework of accumulation and legitimation to suggest corporate and government motives for concealing underlying problems and reinforcing powerful ideologies of individualism, scientism, and centralizing authority. Food safety (or the illusion of safety) is being positioned to secure capital rather than public welfare. We propose implementing the principle of subsidiarity as a more democratic and decentralized alternative. Because full implementation of this principle will be resisted by powerful interests, some promising intermediate steps include peer production or mass collaboration as currently applied to disease prevention and surveillance, as well as studying nascent movements resisting current food safety regulations. (shrink)

The complete system of knowledge is a standard trope of science fiction, a techno-utopian dream and an aesthetic ideal. It is Solomon’s House, the Encyclopaedia and the Museum. It is also an ideology – of Enlightenment, High Modernism and absolute governance. Far from ending the dream of a total archive, 20th-century positivist rationality brought it ever closer. From Paul Otlet’s ‘Mundaneum’ to Mass-Observation, from the Unity of Science movement to Wikipedia, the dream of universal knowledge dies hard. As a (...) political tool, the total archive encompasses population statistics, gross domestic product, indices of the Standard of Living and the international ideology of the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, the free market and, most recently, Big Data. Questions of the total archive engage key issues in the philosophy of classification, the poetics of the universal, the ideology of surveillance and the technologies of information retrieval. What are the social structures and political dynamics required to sustain total archives, and what are the temporalities implied by such projects? This introduction and the articles that follow describe and place in historical context a series of concrete instances of totality. Our analysis is arranged according to four central themes: the relationship between the Archive (singular) and archives (plural); the image of the archive and the aesthetics of totality; pathologies of accumulation; and the specific historical trajectory of the total archive in the 19th and 20th centuries. (shrink)

Making Worlds brings together thirty-one distinguished feminist activists, artists, and scholars to address a series of questions that resonate with increasing urgency in our current global environment: How is space imagined, represented, arranged, and distributed? What are the lived consequences of these configurations? And how are these questions affected by gender and other socially constructed categories of "difference"—race, ethnicity, sexuality, class, nationality? How are the symbolic formations of place and space marked by cultural ideologies that carry across into the places (...) and spaces we inhabit, the boundaries and institutions we maintain? In recent years these questions have occasioned intensifying debates, but they have seldom extended beyond the boundaries of individual academic disciplines or crossed the divide that has traditionally separated the academy from the "outside" world. Making Worlds both questions and traverses those divisions by combining personal essays, activist political rhetoric, oral history, poetry, iconography, and performance art with interdisciplinary academic discourses. Representing a wide range of perspectives, Making Worlds develops a provocative conversation about gender and spatiality in the interwoven symbolic and material environments we create. The contributors engage such issues as the body as site of symbolic action, fabrication, and desire; the place and play of sexualities; the cultural implications of everyday life—home, travel, work, childbirth, food, disease, and death; technology and mass media; surveillance, confinement, and the law; the dynamics of race and ethnicity; imperialism, oppression, and resistance; the politics of urban spaces; landscape and cultural memory; the experience of time; and the nature of "Nature." For students and scholars in cultural studies, geography, literary criticism, anthropology, history, and women's studies, it offers new ways of thinking about space, place, and the spatial contexts of social thought and action. (shrink)

The main aim of this article is to analyse the relationship between two innovative concepts—the technoself and process identity—from a perspective inspired by process ontology. The working hypothesis is that industrialized and mass societies entered into a post-industrial or informational sphere of capitalism, becoming networking societies—also known as knowledge-based societies—which closely followed their role in approaching the plural identity of the digital Subject and the surveillance practices exercised in its governance as correspondent models for the changes of the (...) current reality. The first section of the article is devoted to research on the technoself, a concept recently introduced by Luppicini in 2013. Criticizing the technoself in terms of process ontology and as a result of digitalization, subjectivity, and technical rationality, I will argue that the constitution of digital subjects, as well as their interactions, should be defined in terms of processes. Therefore, I introduce the concept of process identity—which includes the technoself—and explain how this approach contributes to the development of different research fields (such as speculative realism and object-oriented ontology) and how it affects Floridi’s distinction between digital ontology and informational ontology. The second section focuses on the effects of the digital environment on self-constitution practices and techniques, virtual worlds experiencing what Foucault recognizes as the aesthetics of existence. In the final part, I confront Bentham’s and Foucault’s panopticism, arguing that based on what is accomplished by process identities, networking societies represent societies of control, not disciplinary ones, and consequently this distinction should be applied in governing virtual communities. In the end, I will explain why notions such as digital personae or databased selves are insufficient, and should be replaced by the concepts of process identity and technoself, respectively, in order to improve the models of governing networking societies. (shrink)

Supermax prisons are often described as "high_tech." Observers seem to mean two things by this. The first is that these "prisons within prisons" are a technology in themselves: hard_edged and brightly lit, the fortress_like supermax clearly signals its specialized purpose of isolation and control. The second is that supermax prisons rely heavily on specialized, relatively new technologies: computerized systems produce new forms of intensive surveillance while special teams armed with electronic shields maintain control over prisoners.But as Leo Marx observed (...) several years ago in this journal, "technology is a hazardous concept" . We need to see the technology of the supermax prison in these terms if we are to understand its effects. My aim here is to consider three aspects of the technology of supermax. The first is the sense in which the supermax prison is itself a "machine" _ a specific invention with a purpose and meaning closely linked to its features as a technology. This aspect is important for understanding what makes the construction of these prisons so attractive to correctional professionals and so seemingly acceptable to the general public. The second aspect is the use of specialized tools of control inside the supermax prison. These internal solutions to problems of order _ I will discuss computerized surveillance, special response teams, and stun technology _ offer clues to how specific technologies intersect with intensive confinement to frame punishment as decisive "action" produced by prisoners' "choices" and analogous to "war." Finally, supermax technology imposes specific practices and ways of being on both prisoners and prison staff. These need to be understood not only for how they augment and intensify other negative aspects of these environments, but also for their potential to affect prisoners in quite different ways depending on individual vulnerabilities.A common theme running through my discussion of each of these aspects of supermax is that the appearance of specialized technology constitutes what Garland describes, for penal practices in general, as a "signifying practice" . Beyond its immediate effects during use, supermax technology offers the cultural gloss of a "high_tech solution" that helps to frame problems _ some of them caused by supermax confinement in the first place _ largely in terms of their susceptibility to technical intervention. In other contexts "technology" signifies a "clean," profitable, scientific, and masculine approach: direct action on manageable problems. The spillover of this imagery into prisons _ in association with other meanings of crime and punishment _ is one element serving to obscure the larger issues posed by mass incarceration. As Marx points out, the reification of technology has the effect of producing an aura of inevitability. I will return to this point at the end to consider briefly how a framing of supermax primarily in terms of technology can itself be seen as hazardous. (shrink)