American Civil Liberties Union

Last week’s Washington Post report that the CIA had requested that Boston bomber Tamerlan Tsarnaev be placed on a terrorist watch list raises an interesting point about total surveillance societies: in addition to all their negative implications for citizens, they actually bring some disadvantages for the authorities as well.

It’s not clear what information the CIA’s request was based upon, but reportedly it came from Russian authorities. It is also possible that Tsarnaev’s communications were flagged by US agencies such as the NSA. Either way, it seems as though there’s a real possibility that Tamerlan’s name came to the attention of the authorities through some dragnet-style surveillance technique.

If so, the conundrum for the authorities is this:

What could be warmer and fuzzier than “trust”? Between two human beings, it’s a hard-won bond that binds them together. In society, it is a currency that helps create a prosperous and efficient economy and culture, as thinkers such as Francis Fukuyama and Bruce Schneier have argued. But recently the word has taken on a new cast of ambiguity, and seems to be fast becoming the newest entry in the lexicon of Orwellian formulations, along with such once purely warm and positive words such as “security,” “defense,” and “intelligence.”

You shouldn’t have to trade your privacy rights for the ability to use digital technology. But with technological advances coming so quickly, privacy protections are having trouble keeping up. That’s why the ACLU created the dotRights campaign – to let Americans know about what’s really going on with digital privacy, and to press corporations and the government to respect our rights.

You might switch off the GPS function on your cell phone – but that doesn’t mean that your wireless carrier can’t still track your location, store it for long periods, and hand it over to the government on request (it can and does). You might think that you control who can see what you do on the internet – but tightening your Facebook privacy settings or deleting your browser’s tracking cookies won’t change the fact that your online activities are being recorded and sold for profit to the highest bidder.

I wrote recently about the U.S. government and companies lobbying against the EU’s attempt to strengthen their privacy laws, and our own efforts at the ACLU to advance high transnational privacy standards. Our efforts helped attract a round of press coverage of this unfolding drama (including stories in the New York Times and Washington Post). We’ve also written a letter along with other privacy groups to senior Obama Administration officials, asking for a meeting to discuss the issue.