stallman: how much surveillance can democracy withstand?

wired | The current level of general surveillance in society is incompatible with human rights. To recover our freedom and restore democracy, we must reduce surveillance to the point where it is possible for whistleblowers of all kinds to talk with journalists without being spotted. To do this reliably, we must reduce the surveillance capacity of the systems we use.

Using free/libre software, as I’ve advocated for 30 years, is the first step in taking control of our digital lives. We can’t trust non-free software; the NSA uses and even creates security weaknesses in non-free software so as to invade our own computers and routers. Free software gives us control of our own computers, but that won’t protect our privacy once we set foot on the internet.

Bipartisan legislation to “curtail the domestic surveillance powers” in the U.S. is being drawn up, but it relies on limiting the government’s use of our virtual dossiers. That won’t suffice to protect whistleblowers if “catching the whistleblower” is grounds for access sufficient to identify him or her. We need to go further.

Thanks to Edward Snowden’s disclosures, we know that the current level of general surveillance in society is incompatible with human rights. The repeated harassment and prosecution of dissidents, sources, and journalists provides confirmation. We need to reduce the level of general surveillance, but how far? Where exactly is the maximum tolerable level of surveillance, beyond which it becomes oppressive? That happens when surveillance interferes with the functioning of democracy: when whistleblowers (such as Snowden) are likely to be caught.

If whistleblowers don’t dare reveal crimes and lies, we lose the last shred of effective control over our government and institutions. That’s why surveillance that enables the state to find out who has talked with a reporter is too much surveillance — too much for democracy to endure.

An unnamed U.S. government official ominously told journalists in 2011 that the U.S. would not subpoena reporters because “We know who you’re talking to.” Sometimes journalists’ phone call records are subpoena’d to find this out, but Snowden has shown us that in effect they subpoena all the phone call records of everyone in the U.S., all the time.

Opposition and dissident activities need to keep secrets from states that are willing to play dirty tricks on them. The ACLU has demonstrated the U.S. government’s systematic practice of infiltrating peaceful dissident groups on the pretext that there might be terrorists among them. The point at which surveillance is too much is the point at which the state can find who spoke to a known journalist or a known dissident.