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What’s so bad about government/corporate spying anyway?

What’s so bad about government/corporate spying anyway?

by digby

A number of people have questioned why I am against government surveillance on behalf of (so-called) American corporations and I’ve been clumsy in my explanations. Via Emptywheel I found this great discussion of it by Bruce Schneier. He talks about the early dreams of the open internet and how it has resulted in a democratization of the way much of our society is organized. (Blogging, for instance …) But the early promise is giving way to more powerful interests which are creating a more familiar sort of organization:

But that is just one side of the Internet’s disruptive character. The Internet has emboldened traditional power as well.

On the corporate side, power is consolidating, a result of two current trends in computing. First, the rise of cloud computing means that we no longer have control of our data. Our e-mail, photos, calendars, address books, messages, and documents are on servers belonging to Google, Apple, Microsoft, Facebook, and so on. And second, we are increasingly accessing our data using devices that we have much less control over: iPhones, iPads, Android phones, Kindles, ChromeBooks, and so on. Unlike traditional operating systems, those devices are controlled much more tightly by the vendors, who limit what software can run, what they can do, how they’re updated, and so on. Even Windows 8 and Apple’s Mountain Lion operating system are heading in the direction of more vendor control.

I have previously characterized this model of computing as “feudal.” Users pledge their allegiance to more powerful companies who, in turn, promise to protect them from both sysadmin duties and security threats. It’s a metaphor that’s rich in history and in fiction, and a model that’s increasingly permeating computing today.

Medieval feudalism was a hierarchical political system, with obligations in both directions. Lords offered protection, and vassals offered service. The lord-peasant relationship was similar, with a much greater power differential. It was a response to a dangerous world.

Feudal security consolidates power in the hands of the few. Internet companies, like lords before them, act in their own self-interest. They use their relationship with us to increase their profits, sometimes at our expense. They act arbitrarily. They make mistakes. They’re deliberately—and incidentally—changing social norms. Medieval feudalism gave the lords vast powers over the landless peasants; we’re seeing the same thing on the Internet.
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Government power is also increasing on the Internet. There is more government surveillance than ever before. There is more government censorship than ever before. There is more government propaganda, and an increasing number of governments are controlling what their users can and cannot do on the Internet. Totalitarian governments are embracing a growing “cyber sovereignty” movement to further consolidate their power. And the cyberwar arms race is on, pumping an enormous amount of money into cyber-weapons and consolidated cyber-defenses, further increasing government power.

Technology magnifies power in general, but rates of adoption are different. In many cases, the interests of corporate and government powers are aligning. Both corporations and governments benefit from ubiquitous surveillance, and the NSA is using Google, Facebook, Verizon, and others to get access to data it couldn’t otherwise. The entertainment industry is looking to governments to enforce its antiquated business models. Commercial security equipment from companies like BlueCoat and Sophos is being used by oppressive governments to surveil and censor their citizens. The same facial recognition technology that Disney uses in its theme parks can also identify protesters in China and Occupy Wall Street activists in New York. Think of it as a public/private surveillance partnership.

What happened? How, in those early Internet years, did we get the future so wrong?

The truth is that technology magnifies power in general, but rates of adoption are different. The unorganized, the distributed, the marginal, the dissidents, the powerless, the criminal: They can make use of new technologies very quickly. And when those groups discovered the Internet, suddenly they had power. But later, when the already-powerful big institutions finally figured out how to harness the Internet, they had more power to magnify. That’s the difference: The distributed were more nimble and were faster to make use of their new power, while the institutional were slower but were able to use their power more effectively.

And what about us? You know, the regular people who aren’t hackers or corporations or government?

Most people, though, are stuck in the middle. These are people who have don’t have the technical ability to evade either the large governments and corporations, avoid the criminal and hacker groups who prey on us, or join any resistance or dissident movements. These are the people who accept default configuration options, arbitrary terms of service, NSA-installed back doors, and the occasional complete loss of their data. These are the people who get increasingly isolated as government and corporate power align. In the feudal world, these are the hapless peasants. And it’s even worse when the feudal lords—or any powers—fight each other. As anyone watching Game of Thrones knows, peasants get trampled when powers fight: when Facebook, Google, Apple, and Amazon fight it out in the market; when the U.S., EU, China, and Russia fight it out in geopolitics; or when it’s the U.S. vs. “the terrorists” or China vs. its dissidents.
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Without the protection of his own feudal lord, the peasant was subject to abuse both by criminals and other feudal lords. But both corporations and the government—and often the two in cahoots—are using their power to their own advantage, trampling on our rights in the process. And without the technical savvy to become Robin Hoods ourselves, we have no recourse but to submit to whatever the ruling institutional power wants.

This is why it would be nice to have our government operating under the democratic, constitutional restraints it was founded on. It’s not as if these power arrangements are new, just because they are using a new technology. The principles under which we are supposed to live grew out of resistence to exactly the same power arrangement we are watching manifest in these government/corporate surveillance partnerships.

We don’t need to reinvent the wheel here. The constitution anticipates these sorts of threats to our democratic system. We just need to follow it.

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