I’m back at school at Columbia, and one of my electives this spring is a seminar on “Computers, Privacy and the Constitution” with noted intellectual property lawyer and free software, copyleft advocate Eben Moglen. I have my qualms about the politics of the open source crowd but I will admit that Moglen is sharp as nails and I’m psyched to be studying with him. This course actually focuses on the aspect of the open web question that brings me closest to Prof. Moglen: the issue of privacy. Free access to information may sound like a plus when its free mp3s we’re debating, but not such a plus when it’s unrestricted government access to your phone lines.
Eben Moglen is the first person in the free software movement I’ve heard admit and take ownership for the link between the two, and for this he gets major points. To paraphrase his introductory lecture for the course [I was taking notes, not tape-recording], “We who promoted these technologies to trick capitalism into undermining itself and to empower those at the bottom who could not afford to pay for knowledge enabled the surveillance society we live in today.” And of course, it’s big corporations who are teamed up with big government to operate that surveillance. Whether you’re a hippie anti-capitalist or a libertarian wingnut, you have much to fear from that collaboration.
At the worst extreme, there’s the Moglen paranoia scenario in which the Internet brings us free culture fascism. As Moglen sees it, (and there’s some logic to this), the fundamental ideological front in America’s war on 20th century totalitarianism was not the question of its violence, nor of state control of private sector institutions [though we spoke a lot about those]. Our problem, our fear, was the state’s control of individual minds, the ability to police dreams and ambitions. Data-mining our internet searches and Facebook walls does just that.
Now, Moglen continues, what eventually brings down any regime is “the destruction of its instruction sets.” [He's really a poet in lawyer's clothing] Totalitarianism, to extend the example, failed because its machinery started to creak under its own weight. Moglen’s fear about any contemporary state is not that it is evil but that if it turns out to be, it will be impossible to challenge because the government has purchased all our data and that data can never be destroyed or changed. Everything that is uttered or sent in what we perceive as a transitory medium–the phone, the web–is actually recorded and made permanent. This is what Moglen calls “The End of Forgetting.” It’s a tragically beautiful concept, but it’s one I somewhat differ with: sometimes, the ability to Always Remember can be good. But by and large, I’ll admit Moglen is right to be alarmed about our privacy.
If nothing else, his concerns are topical. A few relevant stories from this week alone:
–the British government is going to release a new plan to help internet service providers police privacy. How? By the creation of a new agency which “will decide what level of illegal activity is required before an internet user can be spied upon.” In an Orwellian twist, the agency [to be funded by the telecom firms] is called the Rights Agency. How big brotherly.
–to Moglen’s point about the overlap of free culture with surveillance culture, the British government is also announcing an expansion of its open government policies, shortening the statute of limitations after which journalists can get access to classified documents
–Swiss cops used Google Earth to find a marijuana farm. These kinds of collaborations bring into question any government attempts to regulate these companies. Sometimes, I think the government doesn’t realize how much it is dependent on these firms–last week, the Obama administration signed its staffers up for Gmail when the White House email system crashed, calling the arrangement temporary. Do they not realize they’ve just given a bunch of engineers in California PERMANENT access to what, in the analog age, would have been highly classified correspondence? Do they not know that Google datamines email? Can’t be, because they often buy such data. Do they honestly think Google deletes any info the government doesn’t use? Ha.
–As Moglen concedes, free software has at least thus far failed to undermine capitalism. But capitalism might be the last weapon in the battle to undermine digital surveillance: it’s other companies’ fear of Google’s power that will motivate them to join with civil libertarians in defending privacy. That’s the gist of this article in WIRED, and the case made by the author in the video interview below.