Wednesday, July 24, 2013

Big Brother needs Big Transparency

First appeared in the July 18, 2013, edition of the Laurel Chronicle.

Last week in this column, I wrote about Glenn Greenwald, the journalist who broke the National Security Agency (NSA) government spying story, with a particular focus on his personal story of success. Let’s continue that conversation, only this time we’ll focus on what really matters: Life, liberty, and the pursuit of…surveillance?

I must admit: Watching the news lately is like being inside a spy drama, except it’s not so easy to tell who the good guys and bad guys are. But this is no ordinary spy drama; indeed, it’s got elements of those futuristic novels we all read in high school (do they even teach those anymore?) that show a world where citizens’ actions are monitored, free thought is considered a crime, and everyone wears white jumpsuits.

I guess I wasn’t the only one who noticed these eerie similarities. Sales of the classic George Orwell novel, 1984, spiked after the NSA surveillance news broke, increasing more than 10,000% on Amazon.

Whoa.

Of course, that was precisely my reaction when I first heard about the NSA’s surveillance activities. To summarize what we all (think) we know by now: The NSA has been tracking phone calls, emails, photos, search histories, and other data in a sweeping program aimed at gathering data on potential threats to America’s national security. The information is being collected whether or not the citizen is suspected of any wrongdoing. The targets include folks like you, me, your grandmother, and the crazy cat lady next door.

A number of top internet companies, including Google, Yahoo, Facebook, Apple, and others, are also involved in the program. The extent of their involvement has mostly been kept under wraps due to a gag order, although this week Microsoft was the latest company to ask Obama’s Department of Justice to lift the gag order.

"The Constitution itself is suffering, and it will take the personal involvement of [U.S. Attorney General Eric Holder] or the President to set things right,” wrote Brad Smith, general counsel and executive vice president at Microsoft. Companies like Google and Yahoo are asking for similar freedom to prove to consumers they made efforts to protect the privacy of user data. Turning over emails and other records to the government isn’t so great for company PR.

My concern is the continual creep of the government into my personal activities. The Wall Street Journal said it best when they observed: “Americans would worry less about the government spying on them if, for example, the Justice Department wasn't secretly spying on the Associated Press and Fox News. Or if the IRS wasn't targeting White House critics. Or if the Administration in general showed a higher regard for the law when it conflicts with its policy preferences."

Today, we know the government is watching us, which causes me a great deal of concern. But if you find yourself unconcerned or confused about these programs, then you’re not alone.

One poll from Time/ABT-SRBI conducted on the topic showed mixed results, with many respondents thinking the government’s surveillance efforts have gone too far. Another poll by ABC/Washington Post showed that Americans are split down the middle when it comes to collecting “telephone and Internet data as part of anti-terrorism efforts." Importantly, roughly 90 percent of respondents said they have less privacy than previous generations when it comes to personal information.

The public policy blog of the American Enterprise Institute concluded that “most Americans seem willing to trade some privacy for security, but are unsure about the right combination.”

That seems like a fair observation. Americans are unclear as to how they feel because, I believe, they don’t have enough information to make a well-informed decision.

Consider one congressman who said that journalist Glenn Greenwald didn’t “have a clue” how the NSA program worked. In a tweeted response, Greenwald replied: “That’s why transparency is needed.”

I agree. We need more transparency from the President and his administration on this issue. We need to better understand how these programs operate. We need answers on why the NSA director's approach to citizens' data is "collect it all" as the Washington Post intimated this week. We need answers on how that's legal and not a violation of our constitutional rights. We need to understand why there are “secret courts” that make rulings on these issues. And so on and so forth.

I can't help but think of what our President said in the wake of this controversy: "You can't have 100 percent security and also then have 100 percent privacy and zero inconvenience."

The unfortunate reality is that we're never going to have 100 percent of either. We can't ensure the nation's safety against all threats, nor can we expect to maintain full privacy in an increasing digital world. But what we can have is more transparency. If Big Brother keeps on growing, so too should Big Transparency. Your freedom depends on it.

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