guardian | A prime justification for surveillance
– that it's for the benefit of the population – relies on projecting a
view of the world that divides citizens into categories of good people
and bad people. In that view, the authorities use their surveillance
powers only against bad people, those who are "doing something wrong",
and only they have anything to fear from the invasion of their privacy.
This is an old tactic. In a 1969 Time magazine article about Americans'
growing concerns over the US government's surveillance powers, Nixon's
attorney general, John Mitchell, assured readers that "any citizen of
the United States who is not involved in some illegal activity has nothing to fear whatsoever".
The point was made again by a White House spokesman, responding to
the 2005 controversy over Bush's illegal eavesdropping programme: "This
is not about monitoring phone calls designed to arrange Little League
practice or what to bring to a potluck dinner. These are designed to
monitor calls from very bad people to very bad people." And when Barack
Obama appeared on The Tonight Show in August 2013 and was asked by Jay Leno about NSA
revelations, he said: "We don't have a domestic spying programme. What
we do have is some mechanisms that can track a phone number or an email
address that is connected to a terrorist attack."
For many, the
argument works. The perception that invasive surveillance is confined
only to a marginalised and deserving group of those "doing wrong" – the
bad people – ensures that the majority acquiesces to the abuse of power
or even cheers it on. But that view radically misunderstands what goals
drive all institutions of authority. "Doing something wrong" in the eyes
of such institutions encompasses far more than illegal acts, violent
behaviour and terrorist plots. It typically extends to meaningful
dissent and any genuine challenge. It is the nature of authority to
equate dissent with wrongdoing, or at least with a threat.
The
record is suffused with examples of groups and individuals being placed
under government surveillance by virtue of their dissenting views and
activism – Martin Luther King, the civil rights movement, anti-war
activists, environmentalists. In the eyes of the government and J Edgar
Hoover's FBI, they were all "doing something wrong": political activity
that threatened the prevailing order.
The FBI's domestic
counterintelligence programme, Cointelpro, was first exposed by a group
of anti-war activists who had become convinced that the anti-war
movement had been infiltrated, placed under surveillance and targeted
with all sorts of dirty tricks. Lacking documentary evidence to prove it
and unsuccessful in convincing journalists to write about their
suspicions, they broke into an FBI branch office in Pennsylvania in 1971
and carted off thousands of documents.
Files related to
Cointelpro showed how the FBI had targeted political groups and
individuals it deemed subversive and dangerous, including the National
Association for the Advancement of Colored People, black nationalist
movements, socialist and communist organizations, anti-war protesters
and various rightwing groups. The bureau had infiltrated them with
agents who, among other things, attempted to manipulate members into
agreeing to commit criminal acts so that the FBI could arrest and
prosecute them.
Those revelations led to the creation of the
Senate Church Committee, which concluded: "[Over the course of 15 years]
the bureau conducted a sophisticated vigilate operation aimed squarely
at preventing the exercise of first amendment rights of speech and
association, on the theory that preventing the growth of dangerous
groups and the propagation of dangerous ideas would protect the national
security and deter violence."
These incidents were not
aberrations of the era. During the Bush years, for example, documents
obtained by the American Civil Liberties Union (ACLU) revealed, as the
group put it in 2006, "new details of Pentagon surveillance of Americans
opposed to the Iraq war, including Quakers and student groups". The
Pentagon was "keeping tabs on non-violent protesters by collecting
information and storing it in a military anti-terrorism database". The
evidence shows that assurances that surveillance is only targeted at
those who "have done something wrong" should provide little comfort,
since a state will reflexively view any challenge to its power as
wrongdoing.
The opportunity those in power have to characterise
political opponents as "national security threats" or even "terrorists"
has repeatedly proven irresistible. In the past decade, the government,
in an echo of Hoover's FBI, has formally so designated environmental
activists, broad swaths of anti-government rightwing groups, anti-war
activists, and associations organised around Palestinian rights. Some
individuals within those broad categories may deserve the designation,
but undoubtedly most do not, guilty only of holding opposing political
views. Yet such groups are routinely targeted for surveillance by the NSA and its partners.
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