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by rarw 4624 days ago
Articles like this pop up all the time. The problem is that they never address (1) the legitimate need for surveillance; (2) dangers of an internet (or other communications networks) which law enforcement or government cannot access at all; (3) the problems with arguing that government (or anyone for that matter) should be banned from collecting and reading data sent across the web.

I understand the concern. As someone who has advocated for stronger electronic privacy regulation, no one likes someone having the ability to look through their stuff. However, the answer is more likely a balance than a denunciation of all surveillance in any form. Surveillance with restriction is fine and probably a good thing. It helps prevent crime and can help catch criminals once crimes happen. Just as it's easy to argue that a government with information will misuse it, bad people with a closed communication network will use it to commit crime. Sure not everyone is going to plan a terrorist strike, or organize a gang online but some will. Is it worth enabling that kind of behavior?

Also what should and should not be private also has to do with where/when the information is collected. If the government were hacking into all of our computers and keeping back ups of our hard drives that's very different from collecting things that are sent on the internet. Legally there is currently a big debate about how to treat something that is taken from a stored medium - like a hard drive - vs one that is captured in transmission - like an email being sent. As it currently stands the government would have a hard time justifying accessing your computer remotely without a warrant but an easy time reading emails once they left your computer. Why? Because the sent email is akin to yelling something in a public place. Once it leaves your computer, it's not private while its being transmitted. If this sounds like a stupid distinction, that's because it is.

1 comments

Articles like this pop up all the time. The problem is that they never address (1) the legitimate need for surveillance;

From the article:

For the state to find criminals, it needs to be able to investigate specific crimes, or specific suspected planned crimes, under a court order. With the Internet, the power to tap phone conversations would naturally extend to the power to tap Internet connections. This power is easy to abuse for political reasons, but it is also necessary.

Which is why I said "articles like this" and not "this article." Your quote is correct. My comment was on the general scope of anti-surveillance writing.