What’s
Wrong With the Surveillance State?
by
Michael S. Rozeff
Recently
by Michael S. Rozeff: The
Mass Society, the Leadership Society, and the Totalitarian Threat
Do you
know what the NSA is? It’s the National
Security Agency. The NSA has collected an estimated 15
to 20 trillion communications involving Americans.
Government
spying on Americans and surveillance of Americans are rapidly increasing.
The government has forced telecommunications companies to participate.
This
is being litigated in lawsuits.
Financial institutions
must report certain
cash transactions to the Department of the Treasury. This is
accepted practice. This reporting includes the following and I quote
the U.S. Treasury:
"Individuals
transporting over $10,000 in currency or other monetary instruments
into/out of the US.
"Shippers/Receivers
of over $10,000 in currency or other monetary instruments into/out
of the US
"For
each person engaged in a trade or business who receives over $10,000
in cash in one transaction or two or more related transactions.
"For
each U.S. person who has a financial interest in, or signature
authority, or other authority, over any financial accounts, including
bank, securities, or other types of financial accounts in a foreign
country, if the aggregate value of these financial accounts exceeds
$10,000 at any time during the calendar year."
Former NSA
official, William Binney, says that the government
is collecting and storing everyone’s e-mails.
"...the
FBI has access to the data collected, which is basically the emails
of virtually everybody in the country. And the FBI has access
to it. All the congressional members are on the surveillance too,
no one is excluded. They are all included. So, yes, this can happen
to anyone. If they become a target for whatever reason – they
are targeted by the government, the government can go in, or the
FBI, or other agencies of the government, they can go into their
database, pull all that data collected on them over the years,
and we analyze it all. So, we have to actively analyze everything
they’ve done for the last 10 years at least."
Asked if this
collection were only of those who could be a threat to national
security, he said
"It’s
everybody. The Naris device, if it takes in the entire line, so
it takes in all the data. In fact they advertised they can process
the lines at session rates, which means 10-gigabit lines. I forgot
the name of the device (it’s not the Naris) – the other one does
it at 10 gigabits. That’s why they're building Bluffdale [database
facility], because they have to have more storage, because they
can’t figure out what’s important, so they are just storing everything
there. So, emails are going to be stored there in the future,
but right now stored in different places around the country. But
it is being collected – and the FBI has access to it."
If we examine
the legality of this NSA
warrantless surveillance, we will quickly become mired down
in abstruse issues of statutory and constitutional law.
Let us not
go there. That won’t give us the central answer to the question
of what’s wrong with a wide network of government surveillance of
Americans, with or without warrants.
Binney gives
us the beginning of the answer:
"Unfortunately,
the state of our surveillance state is: all set, to be turned
on for the imperial presidency to do whatever it wants to do."
What’s wrong
with the surveillance state is (1) that the State has far more power
than each individual American has, and (2) the State can and will
turn that power against Americans if it can get away with
it.
The State is
not some beneficent body of men and women devoted to public service
who are unselfishly acting on behalf of the welfare of Americans.
Barack Obama, Dianne Feinstein, John Boehner, Harry Reid, John Roberts,
David Petraeus, Keith B. Alexander, Robert Mueller, and Michael
Hayden are not saints. They are not even close.
We have had
recent examples of the abuses of power as exercised by George Bush
and his administration. Barack Obama continues those abuses and
adds more of his own. The Congress continues its many abuses. The
Supreme Court continues its abuses. If there is one thing we can
be sure of, it is that men and women in the U.S. government have
immense power to do many evil and foul deeds, and they have done
them, and they will continue to do them.
It is built
into human nature and into the nature of the institutions of government
that such evils can and will occur, and they must be curtailed or
else they annihilate civil society.
The State consists
of a relatively small group of men and women with great power, and
they will abuse this power if they can, that is to say, if the governed
do not control their governors.
The State has
organized and official power that we as individuals do not have.
The State has the power to make laws and say what is legal or not
legal, constitutional or not constitutional. It has the power to
carry out and enforce its laws. The State’s power also finds acceptance
among many Americans.
When
there is a contest between some Americans and the State, or when
some Americans oppose the government’s powers, their means of recourse
are not as strong as the State’s, not as well organized, not as
well known, not as well focused, and not as well accepted. It is
more difficult for Americans to find ways to control the State than
it is for the State to devise ways to control Americans. The citizens
who wish to keep the State under control do not as a routine and
accepted matter have institutions that they have built up and used
over time to check the State’s power.
As government
has grown and State power accumulated, the powers of civil society
to control the State have atrophied. It is in the interest of the
State to diminish those powers, and over time it is doing this.
It is in the State’s interest to diminish an armed citizen militia
and to replace it with a nationalized, centralized and professionalized
armed force. It is in the State’s interest to replace common law
and dispersed courts with a nationalized and centralized system
of law-making, law-interpretation and law-enforcement.
It is by no
means impossible to control the State, but it’s a non-routine and
trying task. When the State flexes its muscles and oversteps, legal
and electoral mechanisms may be slow and unwieldy and they may fail.
The State has staying power.
And so William
Binney accurately pinpoints the risk. With a surveillance state
in place and with access to information on everyone, the few at
the top who run the State and particularly the imperial President,
who already is attempting to rule by Executive Order, can do whatever
he or she wants to do.
What I envision
is creeping totalitarianism, also one can call it democratic totalitarianism.
It is a totalitarianism in which a facade of democratic or republican
government, call it what you will, is maintained, but the actuality
is increasingly detailed and oppressive control over ordinary life.
The State will know where you are and what you are doing, and it
will have the means of punishing you if you do not obey its rules.
Surveillance
is a key component of such totalitarianism. Imagine that the State
controls currency and eliminates hand-to-hand cash altogether, replacing
it by electronic transactions. These can be monitored and collected.
The State can know every item that you buy or sell. The State then
can pass a law, according to its whim, that outlaws a certain food
or item or service, or it can do the opposite. It can pass a law
requiring a certain food or medical procedure. Surveillance gives
it the means of enforcing its laws by knowing who is obeying and
who is not. The State can turn anyone into a criminal ex post
facto by passing a law and then searching past records, communications
and transactions to find evidence of their previous wrongdoing.
The U.S. Constitution forbids ex post facto laws, but it
also forbids fiat money and requires declarations of wars by Congress.
Many other constitutional provisions are ignored.
What’s wrong
with the surveillance state? The balance of power between citizens
and government in America is already lopsided and becoming increasingly
so. The surveillance state opens up new opportunities and new vistas
for government control of its citizens.
The biggest
danger is that Americans be trained to accept the State’s controls
over their lives, or that they have a limited notion of what freedom
means. In roughly 15 years of training, a new generation can be
taught that the State’s controls are PROPER and that what the State
is doing is RIGHT and for the GOOD of the people. When this happens,
further restrictions and controls become easier and a high degree
of oppression reigns, and it even meets with a high degree of acceptance.
Totally free
communication is absolutely essential to prevent this from occurring.
There must be the capacity to speak freely and to educate all people,
young and old, about freedom and the challenges to freedom emanating
from the State. If surveillance is used to instill fear of speaking
freely or used to control speech or used to prevent people from
earning a livelihood or used to tie people up in legal proceedings
or used to blackmail people into silence, the threat to freedom
at that point is open and severe.
The
surveillance State constantly drags its heels and seeks to keep
its surveillance secret. There is no possibility of citizens controlling
a government when they don’t know what the government is doing.
If whistle blowers, soldiers and ex-soldiers, government officials
and ex-government officials, and media figures are repressed and
prevented from making information public, in other words, as the
surveillance state seeks to keep its activities secret, the threat
to freedom amplifies.
The battle
lines between citizens and the State are always drawn. They never
go away. The State is always a threat to freedom. The State is always
pushing for greater control unless the citizens push back, develop
and use means to control the State. Growing surveillance by the
State is an offensive operation of the State in this never-ending
war. It is up to the citizens to resist the State’s surveillance,
form ongoing institutions to control the State, form a culture of
citizen control, and dismantle the State’s capacity for such surveillance.
It is that or else surrender more of their disappearing freedom.
December
31, 2012
Michael
S. Rozeff [send him mail]
is a retired Professor of Finance living in East Amherst, New York.
He is the author of the free e-book Essays
on American Empire: Liberty vs. Domination and the free e-book
The U.S. Constitution
and Money: Corruption and Decline.
Copyright
© 2012 by LewRockwell.com. Permission to reprint in whole or in
part is gladly granted, provided full credit is given.
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