Nowhere
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by
Fred Reed
by Fred Reed
How
much do we really want people to obey laws?
The
question hasn't mattered greatly in the past since there was often
no way to enforce laws beyond a certain point. You could enforce
speeding laws in front of a school with nearly perfect effectiveness,
and you could occasionally catch people speeding on rural roads.
Yet compliance was largely discretionary. The lack of inescapable
surveillance meant that at three a.m. on the Interstate, a driver
could crank it up to eighty-five and be left alone. Obedience was
not exactly optional, but at times when obedience didn't really
matter you didn't really have to obey.
The
rapid increase in surveillance of everybody and everything is taking,
or so it seems to me, a new and unwholesome turn. We move toward
a world in which many laws can be enforced strictly and unfailingly,
everywhere and at all times. To continue the example of speeding,
the technology exists now to catch every hypervelocitous driver
whatsoever on any road we choose. It could be done in several ways.
For example, there exist little transponders called radio-frequency
identification devices (RFIDs) that transmit a serial number when
they pass by a reader. They are about the size of a grain of rice,
cost a few cents, and don't need batteries. Requiring them on cars
(they're just like license plates, the argument will run) would
allow readers along roads to calculate the speed of every car. Easy.
This
isn't a column about the technology itself, so for the moment let's
stipulate that the combination of data bases, cameras, networks,
and so on can, or could if put to the use, make it impossible to
break large categories of laws without being caught. I'm not making
this up. I follow the technology closely in my guise as a tech columnist
for the Washington Times. The level of surveillance I'm talking
about is absolutely possible, right now, and is being put in place
in bits and pieces. What would be the pros and cons?
Certain
kinds of major crime could be eliminated almost completely. Theft
of automobiles would become exceedingly difficult if readers on
street corners, perhaps built into stoplights, checked every passing
car against a list of stolen vehicles. The idea is appealing. Few
of us favor having our cars expropriated.
But
it's the little laws that are worrisome. Today we have cameras that
photograph the license plates of cars that run stoplights. Nobody
seems to like them except the governments that get the revenue from
fines. The same technology could catch people who roll stop signs.
Speeding, walking on the grass, urinating in a dark alley could
all be automated out of existence. Do we want to live in a world
in which we really have to obey all the laws all the time?
A
problem with strict enforcement of laws by unlimited surveillance
is that it will inevitably be misused. For example, the British
have cameras that automatically read the license plates of every
car passing on a highway. (This is not particularly high technology.)
At first the purpose was said to be the detection of serious crimes,
such as car theft. Other possible uses were soon put forward: Finding
people who hadn't paid their insurance, or who had outstanding tickets,
or who owed wife-support. What starts with a noble purpose soon
becomes a means of nannying everyone.
Automated
surveillance goes beyond what most people think of as surveillance.
Recently a fellow in England came up with software called ChatNannies.
Its intended purpose is the apprehension of pedophiles, which few
will dare oppose. It is truly clever. It automatically logs on to
large numbers of chat rooms on the Internet and proceeds to "chat"
like a real child. ("Hey, you see Lord
of the Rings?") It knows kid culture and convincingly
simulates being a child. When someone begins to respond, it analyses
the responses trying to determine whether the chatter is a pedophile
trying to ensnare a kid.
Am
I alone in thinking that the idea is both eerie and disturbing?
Children in thousands of kid-chat rooms will have to wonder whether
they are talking to another kid or to the government. Inevitably
the technology will be used for other and less agreeable things.
Mr. Bush and his War on Terrorism come to mind. While fooling adults
would be harder than fooling children, the telegraphic nature of
conversation in chat rooms makes it not all that difficult.
You
chat with what you believe to be a person about the chemistry of
nerve gas. (Why not? The subject is interesting and the chemistry
well known.) A remote computer flags you as a possible terrorist.
You don't know that it has happened, any more than you know when
the government is screening your email.
The
scope for automated control of behavior is great. Toyota recently
unveiled a car that requires you to insert your driver's license
to start it. It then checks your driving record and if, for example,
you have a record for speeding, it limits the horsepower that the
engine will deliver. (Toyota says it has no plans to put this atrocity
into production. Then why build the demonstrator?)
Maybe
it's just me, but I'd rather live in a world with less enforcement
of laws and more freedom to choose. Years back, this worked. In
a society in which reasonable responsibility was culturally mandated,
people took laws as guidelines. There were far fewer laws in the
first place. The United States is now a country in which personal
responsibility is attacked as elitist and electronic control of
behavior seems set to become a substitute.
The
Watchful State isn't really here in force yet, but it is aborning.
All the pieces exist. We may find that laws that made sense when
they weren't enforced very well become a smothering blanket when
backed up by mindless software with police powers. A nation with
no slop in the legal gears will be, I suspect, a nation of robots.
March
25, 2004
Fred
Reed [send him mail]
is author of Nekkid
in Austin: Drop Your Inner Child Down a Well.
Copyright
© 2004 Fred Reed
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