We’re Watching You

 

There are so many surveillance cameras in private and public spaces watching private citizens that it seems the only way to redress the imbalance is for private citizens to start recording corporate and government officials with surveillance cameras of their own. Recording business representatives on their property without their permission would be legally permissible only on publicly accessible portions. Recording public officials, however, such as police employees, would be much easier since much of their business is conducted in public and because they are, well, employees of the public.

 

The police employees themselves will often dispute the right of citizens to film them as they go about their business, and intimidate filmmakers into shutting off their cameras and even turning them over to the police. Those tactics are illegal, and cops who use them are doing so either out of ignorance of the law or, more likely, in anticipation of ignorance of the law on the part of the filmmaker. It’s interesting that the increasing surveillance in public of private citizens by corporate and government entities is justified by asserting “If you’re not doing anything wrong, then you have nothing to worry about”, but the same entities do not feel their dubious logic applies to them when the public films them going about their activities.

Inauguration U.S. Park Police Surveillance
A U.S. Park Police (USPP) employee takes video of spectators observing an incident in which the USPP had kettled a group of people at 12th and L N.W. in Washington, D.C., on Inauguration Day, January 20, 2017. The USPP officer has his back to the kettled group. Photo by Mobilus in Mobili.

Dashboard cameras, many of them with audio recording capabilities, are increasing in popularity mainly for insurance purposes in the recording of accidents. Some auto manufacturers have started including them as standard equipment or options, and therefore they are not entirely after market purchases by car owners anymore. What some car owners tend to overlook is the usefulness of dashboard cameras in recording interactions with police employees. Police have themselves had dashboard cameras for about 20 years, and body cameras are becoming more prevalent every year. The question is how much a citizen can rely on evidence provided by police dashboard cameras and body cameras in any interaction with police employees.

 

The police have cameras, which they can and do turn off, or the footage of which they can and do selectively edit. It’s well past time for the general public to have cameras in the same abundance. In their cars, for instance, they should have not only a dashboard camera pointed forward, but a rear dashboard camera pointed backward, because that is where a roadside stop by a police employee will end up if it goes outside, with the cop and the driver between the back of the driver’s car and the front of the squad car. All cameras should have the ability to swivel on their mounts, which in the case of the front pointing dashboard camera would allow it to capture the interaction with the police employee at the driver’s side window. All cameras should also have audio capability, though it is important to remember to advise passengers in the vehicle if this feature is on. Police employees do not have to be informed, because they are engaged in public business.

Bodycam-north-charleston-police
Police employee with bodycam in North Charleston, South Carolina, in March 2016. Photo by Ryan Johnson.

So many people have smartphones now that it may seem unnecessary to buy and install more than one dashboard camera in a vehicle. If the need arises, people think, they can always take out their smartphone and film the interaction with the police employee. There are a few things wrong with that idea. The first is that for most people, who interact with police rarely, getting stopped by a police employee can be intimidating and make them nervous, which in turn may make it difficult or impossible for them to get out their smartphone and point it directly at the police employee, making it obvious they are filming them. Secondly, for some aggressive police employees who don’t know or don’t care about the constitutional rights of the citizens who employ them, pointing a smartphone camera at them is like waving a red cape in front of a bull. It’s much easier and less conspicuous to reach up quickly and turn the dashboard camera toward the driver’s window, making sure to enable audio.

The Conversation, a 1974 film by Francis Ford Coppola, is about an audio surveillance expert, though in general the topic becomes the loss of privacy in the electronic age.

It’s a shame it has come to this, where the public feels they have to protect themselves against the very people who have sworn to serve and protect them, people who use public funds to trick out publicly funded squad cars in thousands of dollars worth of the latest technology, and themselves in quasi military gear and vehicles for the purpose of intimidating and beating down the citizens who pay their way. For the time being, it may appear out of control police employees are hurting only minorities and the poor, but that will change as they see they can get away with it, as they have. Any day now, the mistreatment will become indiscriminate, because that is the way of things like this. Psychotic bullies will beat up on almost anyone, middle class white people included, if they step out of lines that are ever more narrowly defined. They will beat up on almost anyone, that is, except the rich who are their real masters. Protect yourself with as many cameras as they have, if you can, because you can’t afford as many lawyers.
— Techly

 

I Have Nothing to Hide

 

So when they continued asking him, he lifted himself up and said unto them, He that is without sin among you, let him be the first to cast a stone at her.
― John 8:7 (Jubilee Bible 2000)

In any discussion of government surveillance, such as has been revealed by the recent WikiLeaks “Vault 7” release of CIA documents, there are some folks who are apt to pipe up with “Let the government spy on me – I have nothing to hide.” By that they presumably mean for their listeners to understand they are not terrorists, criminals, or perverts, and to drive home their utter lack of impure intentions they will often add a feebly humorous aside about how government agents would fall asleep from the boredom of eavesdropping on them. How reassuring to learn that government flouting of the Fourth and Fifth Amendments to the Constitution is okay because there are some among us who are without sin! Whether these folks realize it or not, their smug pronouncement comes out of them because in their lives the presumption of innocence has always been a given, and therefore government agents would have no interest in their good citizen behavior. It doesn’t seem to occur to them there are others in our culture who, through no fault of their own, are presumed guilty, and there are still others who are just as law abiding as the “nothing to hide” crowd, but may be concerned about hackers and thieves accessing their data, or simply want to be left alone and feel that their affairs are their own and should not be the concern of the government. We can use locks on our doors not only to keep out criminals after all, but nosy neighbors and government snoops as well.

Jesus und Ehebrecherin
Jesus and the Adulteress; drawing by Rembrandt.

The digital age has changed the game somewhat by introducing new channels of communication and cheap storage for vast quantities of information. The Fourth and Fifth Amendments are no less valid, however, in stating that citizens should be secure in their “effects”; that government officials need warrants; that citizens cannot be compelled to testify against themselves; and that government shall follow due process of law in proceedings against any citizen. Naturally the Founding Fathers did not foresee the age of computers, smartphones, and the internet. They didn’t need to foresee those things, because in looking back on thousands of years of ancient Roman and Greek law and English common law, they were able to extract valid principles which were applicable to the general human condition whatever the particulars of any one era might be. Since their time, we have moved from postal mail and personal messenger to phone calls and telegrams, and now to blog posts and email. Government snooping amounts to the same thing whatever the means of communication, and it is protection from the ends that the Founding Fathers wrote into the Constitution.

That much should be obvious, yet the erosion of the Bill of Rights continues bit by bit, often with the excuse that technology has wrought different contingencies in our modern era. There are no different contingencies – what has changed is that the state of emergency appears now to be permanent because it suits the agenda of powerful interests in the military-industrial complex. In the past, the United States government trampled rights for various reasons which seemed sensible to many at the time, from the Alien and Sedition Acts of 1798, to the Palmer Raids of 1919 and 1920, to the internment of Japanese-Americans in World War II. Always the advocates of such policies invoked a state of emergency to justify the abuse of state power, but eventually calmer heads and changing circumstances would prevail and the balance would be corrected.

A segment of Eisenhower’s January 17, 1961 farewell address, with commentary.

As long as there are enablers of government snooping who complacently and self-righteously announce to everyone within earshot that they “have nothing to hide,” dislodging the powerful interests invested in the current status quo and restoring a constitutionally correct balance between citizens and government will be a protracted struggle. Those who value the privacy of their communications enough to take measures to protect it, such as by using the Tor internet browser or encrypting their emails, are thereby presumed guilty of possible anti-state, criminal, or sexually deviant enterprises by government snoops and their sanctimonious “nothing to hide” enablers because the very action of taking privacy measures draws scrutiny from those groups and is something they deem an admission of being up to no good. It is as if the Fourth and Fifth Amendments have been turned upside down, and objecting to having snoops looking in the windows of your house and walking in through the front door any time they please is fussy obstructionism, definitely unpatriotic, and possibly prosecutable. The “nothing to hide” folks are unconcerned over these developments, secure as they are in the comforting knowledge of their own innocence, though they may want to keep in a corner of their uncluttered minds the notion that the perception of innocence by those in power can shift capriciously, and so they are well advised to note this paraphrased bit from a poem by the German Lutheran pastor Martin Niemöller: They came for the Privacy Advocates, and I did not speak out – Because I had nothing to hide.
― Techly