Of Wires and Words

In the last few days there has been quite uproar over a recent news event in certain circles. It is difficult to find a story covering it on CNN, only days after the revelations were released. The story is Wikileaks and their release of more than 8,000 documents from their so-called Vault Seven, one of, if not the largest release of Classified Spy Programs in world history. The information is troubling, to say the least, suggesting that the CIA, and by extension, US Federal Government has the ability to hack smart phones, televisions, computers, and even vehicles. They even have the ability to access data before encryption is used.

This revelation, in addition to past releases by Edward Snowden and others, poses many questions that in all reality shake at the very core of Constitutional Rights. We know where the government stands in the question, FBI Director James Comey said, “There is no such thing as absolute privacy in America; there is no place outside of judicial reach.” In a further clarifying statement, “Even our communications with our spouses, with our clergy members, with our attorneys are not absolutely private in America.” He was speaking primarily about the court’s ability to compel testimony. This is an extremely disturbing conclusion, even without taking into account the leaks.

The question is, what precedents can we find in history relating to this new practice of near absolute surveillance. One could easily compare it to works of fiction, most notably 1984 by George Orwell, The Minority Report by Phillip K. Dick, or Brazil, film by Terry Gillam, but we can also examine mass surveillance in history.

The first question to address predates any modern form of surveillance, however Civil Libertarians will find the use of General Warrants and Writs of Assistance just as concerning. General Warrants, just as they sound give law enforcement broad authority to search and seize property and persons in process of conducting an investigation. These General Warrants targeted not particular individuals, but groups based on certain characteristics. Writs of Assistance are similar to General Warrants, only they can be better described as orders.

When thinking about the American Revolution, most fall back to Taxation, as the primary motivation of the Colonists, but these General Warrants and “Hated Writs” did just as much to spark rebellion. It was less the taxes themselves and more the enforcement of taxes that created so much tension with the government. Writs of Assistance allowed government agents to freely enter anyone’s home to ensure that taxes were paid. Government agents would enter and tear apart homes searching for evidence of wrongdoing, often simply on rumors.

This led to the inclusion of the 4^th Amendment to the Bill of Rights. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Quite plainly the 4^th Amendment forbids the use of General Warrants and Writs of Assistance.

The use of Wiretapping as surveillance is as old as the use of electronic communication. Messages were passed along electronically through telegraph wires and one simply needed to connect additional lines to the telegraph wire to intercept communications. The practice was used extensively during the American Civil War. As communication technology, so did wiretapping techniques. Wiretapping was used primarily for espionage, only occasionally used for law enforcement purposes until the1920s. Though very easy to tap into specific telephone lines, mass surveillance was still difficult.

By the end of the 20s, techniques for mass surveillance became more readily available. Western Democracies used it primarily for national security, spying externally, but sometimes to combat the growing organized crime industry, created by the Prohibition. With the ability for mass surveillance, however came the ability to enforce totalitarian rule. Nazi Germany, Fascist Italy, and Communist Russia all used electronic surveillance to monitor its own citizens.

In many ways, Russia perfected the use of mass telephone surveillance in the Post-War Era. Tracking telephone conversations, in conjunction with incentives to inform on others led to a state of complete fear and the control of the way people spoke and thought.

Now we see the United States Government looking to perfect surveillance in the Digital Age. They are finding new ways to collect and store information on everyone. The justification is National Security, to prevent terror attacks on the scale of 9/11/2001. They’d never use this technology to spy on an American Civilian. Of course, you have nothing to fear if you have nothing to hide. Of course.