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Is the U.S. Turning Into a Surveillance Society?

Big Brother is now a realistic possibility

The United States has now reached the point where a total "surveillance society" has become a realistic possibility, the American Civil Liberties Union warns in a new report.

"Many people still do not grasp that Big Brother surveillance is no longer the stuff of books and movies," said Barry Steinhardt, Director of the ACLU's Technology and Liberty Program and a co-author of the report.

"Given the capabilities of today's technology, the only thing protecting us from a full-fledged surveillance society are the legal and political institutions we have inherited as Americans," he added. "Unfortunately, the September 11 attacks have led some to embrace the fallacy that weakening the Constitution will strengthen America."

The ACLU said that its report, Bigger Monster, Weaker Chains: The Growth of an American Surveillance Society, is an attempt to step back from the daily march of stories about new surveillance programs and technologies and survey the bigger picture. The report argues that even as surveillance capacity grows like a "monster" in our midst, the legal "chains" needed to restrain that monster are being weakened. The report cites not only new technology but also erosions in protections against government spying, the increasing amount of tracking being carried out by the private sector, and the growing intersection between the two.

"From government watch lists to secret wiretaps -- Americans are unknowingly becoming targets of government surveillance," said Dorothy Ehrlich, executive director of the ACLU of Northern California. "It is dangerous for a democracy that government power goes unchecked and for this reason it is imperative that our government be made accountable."

A recent illustration of the danger, according to the ACLU report, is the Pentagon's Total Information Awareness (TIA) program, which seeks to sift through a vast array of databases full of personal information in the hunt for terrorism. "Even if TIA never materializes in its current form," Steinhardt said, "what this report shows is that the underlying trends are much bigger than any one program or any one controversial figure like John Poindexter."

Steinhardt said that Americans haven't yet felt the full potential of the new technology for invading privacy because of latent inefficiencies in how government and businesses handle information. "Database inefficiencies can't be expected to protect our privacy forever," said Steinhardt. "Eventually businesses and government agencies will settle on standards for tying together information, and gain the ability to monitor many of our activities -- either directly through surveillance cameras, or indirectly by analyzing the information trails we leave behind us as we go through life."

The report was authored by Steinhardt and Jay Stanley, Public Education Director of the Technology and Liberty Program.

ACLU Skeptical About Latest DHS Watch List Band-Aid (04/30/2008)
WASHINGTON, DC – The American Civil Liberties Union today expressed skepticism about the announcement yesterday by the Department of Homeland Security (DHS) of a new program intended to remedy the nation’s disastrous watch list system.

Congress Expected to Pass Health Privacy Protections (04/24/2008)
WASHINGTON DC - After more than a decade of debates, hearings and votes, Congress is expected to pass legislation referred to as the first civil rights bill of the 21st century that is a critical step toward securing civil liberties in the emerging field of medical technology.

ACLU of Maryland Launches "Real ID, Real Exposed" Campaign on College Campuses; Video Details Danger of Identity Theft (04/17/2008)
BALTIMORE - As part of a growing national movement in opposition to implementation of the federal Real ID Act by the states, the American Civil Liberties Union of Maryland has launched a campaign to educate young people and all Marylanders about why Real ID should be rejected. The "Real ID, Real Exposed" campaign features a video on YouTube, posters, postcards, website, and Myspace page designed to raise the profile of Real ID in Maryland and help organize the increasing number of people and organizations who oppose this misguided law.

MCLU Disappointed in Legal Status Compromise (04/16/2008)
AUGUSTA - The Maine Civil Liberties Union today expressed disappointment in the enactment of LD 2039. The final bill requires the Secretary of State to enact regulations requiring driver's license applicants to demonstrate a "legal presence" in order to obtain a license.

American Civil Liberties Union Of Minnesota Applauds Governor Pawlenty For Signing "Massage Therapist" Bill (04/11/2008)
St. Paul, Minn - Governor Pawlenty signed H.F. 3708 into law today. Among the provision of this bill are changes for complementary and alternative health care practitioners. Specifically, this law deals with when alternative health care providers can engage in a private sexual relationship with former clients.

Report - What's Wrong With Fusion Centers? (12/12/2007)

What's Wrong With Fusion Centers - Executive Summary (12/05/2007)
A new institution is emerging in American life: Fusion Centers. Originally created to improve the sharing of anti-terrorism intelligence among different agencies, the scope of their mission has quickly expanded to cover "all crimes and all hazards." The types of information they seek for analysis has also broadened over time to include not just criminal intelligence, but public and private sector data.

AT&T Shareholder Resolution on NSA Spying (01/17/2007)

ACLU Backgrounder on ATS (01/10/2007)

Executive Summary: Science Under Siege (06/20/2005)
This report provides an overview of these restrictions, which fall into the following three main categories: restrictions on information, restrictions on individuals, and restrictions on materials.

ACLU FOIA Request on ATS (12/13/2006)

Comments on Export Controls (06/28/2005)

ACLU of Rhode Island Complaint (05/25/2005)

State Department FOIA on RFID chips in passports (04/26/2005)

NIST FOIA on RFID chips in passports (04/26/2005)

Testimony of Caroline Fredrickson, Director, ACLU Washington Legislative Office, before the U.S. Senate Committee on Homeland Security and Government Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia (04/29/2008)

ACLU Letter to the Senate Urging Support of S. 358, the “Genetic Information Nondiscrimination Act of 2007” (04/23/2008)

ACLU Letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security Regarding DNA Collection During Arrest (04/17/2008)

ACLU Statement for Senate Judiciary Committee Oversight Hearing on Department of Homeland Security (04/02/2008)

ACLU FOIA Request regarding the NSA's Total Information Awareness program (03/12/2008)

Questions to Ask About Fusions Centers (11/21/2007)
The questions below will help you make the most of a meeting with Department of Homeland Security and Fusion Center personnel.

AT&T Petition to SEC to Omit NSA Resolution (01/17/2007)

Response to AT&T SEC Petition from As You Sow (01/17/2007)

Automated Targeting System (11/22/2006)

Why the "Registered Traveler" Program Will Not Make Airline Passengers Any Safer (08/17/2006)

ACLU Real ID Scorecard (01/17/2008)
Real ID regulations earn a failing grade. Find out why.

Fuzzy Math and the Real Cost of Real ID (01/16/2008)
A persistent criticism of the Real ID Act since its enactment in 2005 has been the charge that the law is a massive unfunded mandate. The Department of Homeland Security (DHS) initially estimated that nationwide implementation would cost over $23 billion, roughly in line with estimates from independent groups like the National Governors Association and National Conference of State Legislators.

Fact Sheet: Final Real ID Regulations (01/11/2008)
Compliance Deadlines. States need to do almost nothing to comply with Real ID before 2014 (or 2017 for those over the age of 50)DHS will grant an extension until Dec 31, 2009 to any state which requests one.Citizens of states who become “materially compliant” will be able to use their license for all federal purposes until 2014 (or 2017 for those over the age of 50). Material compliance under the regulations is essentially what states are already doing in the issuance of licenses (and only a fraction of what the Real ID statute requires).

Surveillance Cameras and the Attempted London Attacks (07/05/2007)

ACLU Legislative Priorities for 2007 (03/21/2007)