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Privacy is gravely endangered in the digital age, and we, the digital citizens, are its
principal threat, willingly surrendering it to avail ourselves of new technology, and
granting the government and corporations immense power over us. In this highly
original work, Firmin DeBrabander begins with this premise and asks how we can
ensure and protect our freedom in the absence of privacy. Can – and should – we
rally anew to support this institution? Is privacy so important to political liberty
after all? DeBrabander makes the case that privacy is a poor foundation for
democracy, that it is a relatively new value that has been rarely enjoyed
throughout history – but constantly persecuted – and politically and
philosophically suspect. The vitality of the public realm, he argues, is far more
significant to the health of our democracy, but is equally endangered – and often
overlooked – in the digital age.
FIRMIN DEBRABANDER
Maryland Institute College of Art
University Printing House, Cambridge cb2 8bs, United Kingdom
One Liberty Plaza, 20th Floor, New York, ny 10006, USA
477 Williamstown Road, Port Melbourne, vic 3207, Australia
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79 Anson Road, #06–04/06, Singapore 079906
www.cambridge.org
Information on this title: www.cambridge.org/9781108491365
doi: 10.1017/9781108868280
© Firmin DeBrabander 2020
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
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First published 2020
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Library of Congress Cataloging-in-Publication Data
names: DeBrabander, Firmin, author.
title: Life after privacy : reclaiming democracy in a surveillance society / Firmin
DeBrabander, Maryland Institute College of Art.
description: Cambridge, United Kingdom ; New York, NY, USA : Cambridge
University Press, 2020 | Includes bibliographical references and index.
identifiers: lccn 2019058605 (print) | lccn 2019058606 (ebook) | isbn
9781108491365 (hardback) | isbn 9781108868280 (ebook)
subjects: lcsh: Privacy, Right of – Philosophy.
classification: lcc k3263 .d43 2020 (print) | lcc k3263 (ebook) |
ddc 342.08/58 – dc23
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Cambridge University Press has no responsibility for the persistence or accuracy of
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and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
Contents
1 Confessional Culture 1
2 Defending Privacy 21
v
Preface
vii
viii Preface
our data – I think we have little choice but to plan ahead, and see how
democracy may be manageable under such circumstances. What are the
prospects for freedom as privacy is diminished? How can we be, and act as,
potent citizens? How can we hold government and corporations accountable,
and make them serve us – as opposed to themselves only? How can we
continue to be self-determining citizens when the withering glare of surveil-
lance pierces us thoroughly and completely?
Perhaps privacy is not so necessary to democracy after all. Perhaps there are
other essential elements – another wellspring of vibrancy. While many
bemoan the loss of privacy, it turns out that the public realm has been greatly
diminished in recent decades, and this, I will argue, is more harmful to
democracy. Political freedom can be bolstered if we reconvene a vibrant
and, yes, messy public life in liberal democracies, which, of their nature,
tend to hamper the public realm. What’s more, it turns out that privacy is
a varied and often confused, even ill-founded notion, which has rarely been
achieved or enjoyed throughout history. Protecting privacy, even if that were
possible, is not our best hope for ensuring a democratic future. Isn’t it
conceivable that people have known freedom and political power in the
absence of inviolate and certain privacy? Isn’t it conceivable that we can do
so again – soon?
Acknowledgements
This book could not have been written without the gracious, timely, and
continuous assistance and inspiration of many people. First and foremost,
I must thank my wife, Yara Cheikh, for planting many of the concerns in this
book, regarding digital society. Her inquisitions, furthermore, forced me to
hone my arguments, and her political activism was inspirational, and instruc-
tive. I am greatly indebted to my father: our morning conversations about
ethics and politics helped me shape my critique of privacy. My mother was
always an eager and willing proofreader, providing helpful feedback and first
impressions – and keeping me up to date on the hot topics of interest on
National Public Radio (NPR). Thanks to my children for their love and
support, and for being fascinating case studies in our fast-evolving digital
culture. I am also grateful to my colleagues at the Maryland Institute
College of Art for supporting my various endeavors, and in many ways.
Finally, I must thank my wonderful students at MICA; the idea for this book
came out of many classroom discussions and debates over the nature and
importance of privacy.
xi
1
Confessional Culture
The current crisis of privacy is, or ought to be, especially surprising in the
United States, because privacy concerns, historians and legal scholars attest,
were a prime driver in the creation of the nation, and the erection and
expansion of our basic freedoms. Our disregard for privacy is surprising for
another reason: it defies predictions and expectations of how we are supposed
to act under surveillance. Why, if we know we are watched – and we admit as
much – is online behavior so shameless, seemingly open and free? Why do so
many of us feel compelled to blare intimate details, and share mundane and
embarrassing events with the whole world? What does that say about us? Is
human nature changing before our very eyes, in the digital age, such that we
show no compunction about living an utterly public life, in most all respects?
How can we retain any enduring or grudging respect for privacy in this brave
new world? Some people muster objections; some admit there is something
wrong in privacy invasions – but what? We have a vocabulary of privacy, and
a deep historical relationship to it (or so we are told), but hardly know what it
means anymore, why it is of value, and worthy of defense. And in the digital
age, privacy requires no modest or ordinary defense, but a monumental call to
arms, to beat back the tidal wave of surveillance – which we invite, and
facilitate.
1
Frederick S. Lane, American Privacy (Boston: Beacon Press, 2009), 1.
1
2 Life after Privacy
be left alone in peace to practice their faith. And the colonial struggle with
England was galvanized by controversies over privacy invasions.
The seeds of the Revolutionary War were sown in the dispute over who
would bear the cost of the French Indian War, and the ongoing efforts to
protect the American frontier and the empire at large. Britain claimed that the
colonists needed to bear a greater burden of the costs of such defenses. The
colonists objected, and sought to avoid taxation by concealing the fruits of
their trade. In Massachusetts in 1755, the English government tried to raise
funds by issuing “writs of assistance,” which authorized custom house officers
to “randomly search sailing ships, dockside warehouses and even private
homes for untaxed property.”2 The colonists chafed under this policy, and
opposed efforts to renew the writs upon the death of King George II in 1760. In
the hearing for their renewal, colonial lawyer James Otis eloquently articu-
lated the opposition. “One of the most essential branches of English liberty is
the freedom of one’s house,” Otis claimed. “A man’s house is his castle; and
whilst he is quiet, he is well guarded as a prince in his castle. This writ [of
assistance], if it should be declared legal, would totally annihilate this
privilege.”3 Otis cites a long-standing element of English Common Law
known as Castle Doctrine – “one’s home is his castle,” a sacrosanct space
where he is most perfectly free. Castle Doctrine is still prominently invoked in
US law today, in, among other things, self-defense and gun rights concerns.
Courts have recognized a robust right of self-defense for individuals wielding
guns in the home, against unwanted strangers.
The concern for privacy became a major driver of the Revolutionary War,
and though the term does not appear in our founding documents, its influence
can be detected – and privacy protections inferred. In the Bill of Rights, for
example, the Third Amendment, which prohibits soldiers being quartered in
one’s home, is a clear reaction against British efforts to do the same, invading
and occupying colonists’ private dwellings. The First Amendment protects our
right to make up our minds privately, regarding political and religious affilia-
tion. The Fourth Amendment, which protects against “unreasonable searches
and seizures” of the citizenry, such as the British soldiers perpetrated, promi-
nently articulates privacy concerns. In the 1960s, Fourth Amendment juris-
prudence becomes the bedrock of a constitutional right to privacy recognized
by the Supreme Court.
Prior to that, however, privacy makes a notable appearance on the US legal
scene in the 1890s thanks to an influential article written by Samuel Warren
2
Lane, 10–11.
3
Lane, 12.
Confessional Culture 3
and the future Supreme Court Justice Louis Brandeis. Attempting to express
an explicit right to privacy, which they felt was lacking, Brandeis and Warren
claim that it amounts to or consists in a “right to be left alone.” The US
Constitution and English Common Law (which is our Constitution’s forbear
and foundation) recognize a citizen’s right to be protected from intrusion in
his person and property. But, Brandeis and Warren explain, times had chan-
ged; new technology had emerged, and advanced civilization revealed a new
realm in need of defense beyond the merely physical, namely, “man’s spiritual
nature . . . his feelings and his intellect.”4 US law had evolved to offer protec-
tion for intellectual property, the men point out. But this was insufficient to
combat attacks on our emotional well-being, which privacy invasions
constituted.
Brandeis and Warren are concerned primarily with gossip, and how tech-
nological innovations embolden and empower the gossip mongers, and stoke
the general appetite for their wares. A more immediate motivation for their
article, it seems, was Warren’s annoyance at the exuberant media coverage of
his daughter’s wedding. The men single out “instantaneous photographs,”
a new invention at the time, and the “newspaper enterprise” that disseminates
them to a hungry public. The latter spurred journalists to pry more deeply into
private lives, recording intimate details for posterity. “The press is overstepping
in every direction the obvious bonds of propriety and of decency,” Brandeis
and Warren complain. “To satisfy a prurient taste, the details of sexual rela-
tions are spread broadcast in the columns of daily papers. To occupy the
indolent, column upon column is filled with idle gossip, which can only be
procured by intrusion upon the domestic circle.”5
They feel they are dealing with a new breed of offense, which is somewhat
abstract – the feelings of hurt, or anger, or irritation that emerge when insight
into one’s private life and emotions are disseminated to the curious, simply for
curiosity’s sake. And when people hungrily absorb the details of private lives, this
media indulgence promotes immoral behavior – prurience and indolence. This
seems to be the focus of Brandeis and Warren’s ire, as opposed to the offense in
privacy invasions, for those whose privacy is invaded. They are more confident
in articulating, and more intent in highlighting, the ill that is media gossip,
which “both belittles and perverts men,” than explaining exactly why and how
privacy invasions hurt those whose lives are invaded.6 This is a recurring theme
4
Louis Brandeis and Samuel Warren, “The Right to Privacy,” Harvard Law Review IV, 5 (1890).
http://groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html.
5
Brandeis and Warren.
6
Brandeis and Warren.
4 Life after Privacy
going forward: while the hurt from invaded privacy is felt, the offense – to those
whose lives are exposed – is difficult to pinpoint or spell out. As a result, privacy
protections become hard to justify, and easy to surrender.
Law evolves to offer protection for more abstract aspects of our lives,
Brandeis and Warren maintain. Such is its natural progression, and it is the
result of advancing civilization. Civilization satisfies our basic physical needs,
and teaches that happiness consists in more than the satisfaction of those
needs. Rather, happiness has a significant emotional and spiritual component.
Intellectual property rights are one such creation of advanced civilization and
mature jurisprudence, protecting intangible goods – prosecuting people who
steal our ideas, for example, preserving ownership and authorship. To that
extent, intellectual property protection might seem like a good jumping off
point for defending against privacy invasions. But Brandeis and Warren argue
it’s the other way around. The foundation of intellectual property protections
is not private property, but “inviolate personality,” that is, the notion of
a sacrosanct personal space that ought not be invaded or robbed or exposed
under any circumstances.7 The right to be let alone is a foundational right,
a precedent right in common law, which then infuses our Constitution. Until
Brandeis and Warren put pen to paper, it was only in need of being pro-
nounced; its growing and newfound significance was made clear by evolving
technology and evolving culture.
Only in the 1960s, when the US Supreme Court was presided over by Justice
Earl Warren, did the right to privacy receive the full legal recognition and
sanction that Brandeis and Warren anticipated. The term “privacy” is pro-
nounced in only 88 Supreme Court cases prior to the 1960s, but in 107 cases
under Earl Warren’s tenure, suggesting that “the Warren Court made privacy
a central legal concept in American law.”8 Justice William O. Douglas was its
chief evangelizer. In one notable case, Griswold v. Connecticut, Douglas wrote
the majority opinion, and explained that while certain rights are not explicitly
mentioned in the Constitution or under any single provision of the document,
they become evident if we would hope to fully enact the provisions of the Bill
of Rights.9 The right to privacy is one such right – and is implied by the First
Amendment. We cannot exercise freedom of speech, assembly, or religion
without an antecedent right to privacy, which creates an inviolate zone that
government, or other powers and interests, dare not trespass. Of itself, the First
7
Brandeis and Warren.
8
Lane, 153–4.
9
Griswold v. Connecticut, 381 US 479 (1965).
Confessional Culture 5
10
Griswold v. Connecticut, 381 US 479 (1965).
11
Papachristou v. City of Jacksonville, 405 US 156 (1972).
6 Life after Privacy
12
Henry David Thoreau, “Walking,” in Nature/Walking (Boston: Beacon Press, 1991), 113–14.
Confessional Culture 7
Thoreau quiets the din of outside voices, voices that issue demands, fears,
worries, and concerns, which, when immersed in the workaday world, seem
utterly normal. From his perch, aloof and apart from the common worries of
men, their ridiculous nature is readily apparent. Everyone would do well to
enjoy this kind of privacy, even for a while, and box out all the chatter. “Let us
settle ourselves and work and wedge our feet downward through the mud and
slush of opinion and prejudice and tradition and delusion and appearance . . .
till we come to a hard bottom and rocks in their place, which we call reality.”13
Thoreau is moved to compassion at the sight of his peers, weighed down
with needless concerns, driven by insatiable and nonsensical social pressures.
But Emerson, his intellectual ally, depicts society as nothing less than an
adversary; one must be utterly insulated against its assaults and corruptions.
A person is properly “Self-Reliant,” Emerson argues in his famous essay
celebrating individualism. If you would attain the truth and discover the
sacred kernel of life, you must ruthlessly block off outside influence and
look within. Thoreau relishes his time at Walden Pond, for it reveals the
eternal wisdom of the philosophers he has read – it makes clear the truths
others have taught for generations. For Emerson, however, you must strike out
on a radically new and independent path to attain wisdom. “When good is
near you, when you have life in yourself, it is not by any known or accustomed
way; you should not discern the footprints of any other; you shall not see the face
of man; you shall not hear any name—the way, the thought, the good shall be
wholly strange and new.”14 Society has nothing to recommend you – nor does
history, or tradition, it seems.
Nature is a conduit to authenticity, by this account. Or better yet, nature is
the purifying force or milieu that makes each of us a conduit for the truth – an
empty vessel for the divine. “In the woods,” alone, Emerson writes, “all mean
egoism vanishes. I become a transparent eyeball; I am nothing; I see all; the
currents of the Universal Being circulate through me; I am part or particle of
God.”15 I need not physically remove myself from society to enjoy this vision.
I can learn to commune with nature in quiet moments when it offers itself to
me – which can be anywhere. I must practice the art of solitude, and embrace
sacred loneliness whenever possible. Emerson describes doing so while cross-
ing the town commons in the snow, enveloped in silence, and stopping to gaze
up at the stars; suddenly, he is one with them.
13
Henry David Thoreau, Walden (New York: Dover Publications, 1995), 16.
14
Ralph Waldo Emerson, “Self-Reliance,” in Nature and Selected Essays (New York: Penguin
Books, 1982), 181.
15
Ralph Waldo Emerson, “Nature,” in Nature/Walking (Boston: Beacon Press, 1991), 8.
8 Life after Privacy
The legal, cultural and political forces elevating privacy arguably culminated
in the twentieth century, such that privacy became a “fixation . . . of US public
culture,” where it has been “foundational to [our] sense of personhood and
national identity.”16 Indeed, the language of privacy is very familiar to us,
ingrained as it is in our national narrative and legal system. We instinctively
know that privacy matters, and thus find it perfectly normal, or at least unremark-
able, when privacy is invoked in public commentary or political speeches. And as
I will soon argue, the concern for privacy is still operative or manifest in certain
quarters of our lives, in some form or fashion. For the most part, however, in our
daily behavior – in cases where privacy concerns should figure prominently – we
tend to forsake it with little thought or compunction. Which suggests that, in
practice, privacy rings hollow. Few people seem to know what it really means,
what it consists in, why it ought to be defended – nor do they seem to care. It attests
to a stark disconnect in our culture. Some may retort (or complain) that we hear
about privacy incessantly; it is hardly a lost value or norm, but something that still
reverberates in our society – the media is littered with its mention. I would
contend that the people who matter are not the ones raising the issue, bandying
it about, championing it – cherishing it. Increasingly privacy concerns emanate
from a select population of scholars, advocates, journalists, and policy makers.
And their arguments and warnings do not seem to resonate with the general
population. An effective defense of privacy, such as we would require in the digital
age, demands a deeper, broader foundation.
For digital technology has made privacy so much more vulnerable, and, in
2013, Edward Snowden exposed an expansive spying program, carried out by the
US government, to collect copious amounts of information about its own citizen
population, from the digital trails we leave behind in our daily business. Unique
to this age and economy is how we, who know that our digital behavior exposes
intimate details of our private lives, largely assist our monitors, readily and
continuously offering up personal information. To be specific, Snowden,
a former contractor for the National Security Agency (NSA), uncovered its
PRISM program, which collects data on our digital interactions from major
16
Sarah Igo, The Known Citizen (Cambridge, MA: Harvard University Press, 2018), 2, 4.
Confessional Culture 9
internet companies, with their compliance. The budget for this program was
relatively small ($20 million), suggesting how easy it is for government spies to
gather the desired information.17 We practically volunteer the information.
Political philosophers and theorists have long warned that privacy is a prime
target of ruling powers, who would happily invade it in order to subdue or control
us. What’s new today is that we the citizens join in its destruction – actually, we are
the principal agents of its demise. The NSA, and anyone else interested in
monitoring us (and they are legion) only has to sit back; the intimate details of
our lives fall into their laps.
Snowden’s revelations were not, nor should have been, terribly surprising to
most, upon minimal reflection. Since the War on Terror ramped up last decade,
it was well known that the US government was interested in spying on its
citizens, and anyone else. Almost immediately after the 9–11 attacks, the Bush
administration authorized the NSA to eavesdrop on US citizens and residents,
searching for evidence of new terrorist plots.18 It was revealed at the time that the
government had pressured communications companies to enable said eaves-
dropping, and the government seemed to back off – temporarily. Thus, the
American population knew that widespread surveillance of the home popula-
tion was a likely temptation for our ruling parties, and a perennial threat. And
when Snowden revealed the NSA spying operations, there was a profound
outcry – at least publicly, and in the press. Scholars, politicians, and civil rights
advocates bemoaned the news, and still do for the most part. But average
citizens were not impressed, it seems. One study noted that only about a third
of those familiar with Snowden’s revelations were motivated to improve privacy
measures as a result.19 And in fact, according to another study released soon after
Snowden’s leak, a majority favored NSA efforts to “[track] the telephone records
of millions of Americans,” and felt “it is important for the federal government to
investigate possible terrorist threats, even if it intrudes on personal privacy.”20
A summary report three years later suggested that Snowden’s revelations
were perhaps even less impactful. Subsequent terror attacks prompted people
17
Leo Kelion, “Q&A: NSA’s Prism Internet Surveillance Scheme,” BBC.com, July 1, 2013, www
.bbc.com/news/technology–23051248.
18
Eric Lichtblau and James Risen, “Bush lets U.S. spy on callers without courts,” New York
Times, December 16, 2005, www.nytimes.com/2005/12/16/politics/bush-lets-us-spy-on-callers-
without-courts.html.
19
“CIGI-IPSOS Global Survey on Internet Security and Trust,” Centre for International
Governance Innovation and IPSOS, November 24, 2014, www.cigionline.org/sites/default/files/
documents/internet-survey-2014-slides.pdf.
20
“Majority views NSA phone tracking as acceptable anti-terror tactic,” Pew Research Center,
June 10, 2013, www.people-press.org/2013/06/10/majority-views-nsa-phone-tracking-as-acceptable-
anti-terror-tactic/.
10 Life after Privacy
to worry more that national security programs did not go far enough in fighting
terror, and were less concerned about civil rights protections, in comparison.21
Most people have taken modest measures to protect privacy online, but the
Snowden affair did not inspire widespread adoption of anything more sophis-
ticated which might prove a greater obstacle for NSA spying.22 Of course,
many plead ignorance about sophisticated programs to protect their privacy.
They say they would like to do more to protect their data, but are not aware of
the best, most effective options. And many remain cynical that they could still
elude government surveillance, even after enacting available privacy protec-
tion measures. What’s more – and what is perhaps especially frustrating for
privacy advocates and Snowden doomsayers – most people report that they are
not principally worried to block out government spying. Among those who
took measures to maintain anonymity online, they indicate that they sought to
“avoid ‘social surveillance’ by friends and colleagues rather than the govern-
ment or law enforcement.”23 In fact, government and police are dead last
among potential monitors that internet users wish to elude.24
Political theorists will find this troubling because governments have proven
to be a serious threat when they have access to and collect our sensitive
personal information. This lends government immense power, which is too
easy to abuse, and often leads to and assists oppression. Some argue that the
destruction of privacy was essential to twentieth-century totalitarian regimes
that aimed at nothing less than total domination of the citizen population.
And there is something almost obscene in the fact that Americans of all people
are so little concerned with government surveillance, and more worried about
snooping family and friends. Protecting our privacy is a central lesson of our
nation’s history. If we learn anything from the birth of our nation and its
founding documents, it’s that privacy – from government intrusion – is
a supreme virtue and must be jealously defended.
I suspect most Americans know this one way or another; or they should, if
they paid attention to their history. Most of us instinctively affirm that privacy
is an important value, worthy of protection, if not reverence. As I have argued,
we are steeped in a tradition of privacy, from accounts of our history, to
essential legal arguments, and our very notion of individualism. Perhaps this
is why we will say we care about privacy, and would like to do a better job
21
Lee Rainie, “The state of privacy in America,” Pew Research Center, September 21, 2016, www
.pewresearch.org/fact-tank/2016/09/21/the-state-of-privacy-in-america/.
22
Rainie, “The state of privacy in America.”
23
Rainie, “The state of privacy in America.”
24
“The state of privacy in post-Snowden America,” Pew Research Center, September 21, 2016,
www.pewresearch.org/fact-tank/2016/09/21/the-state-of-privacy-in-america/.
Confessional Culture 11
A striking feature of the digital age is that we, individual citizens – eager
consumers and avid social media users – hand over personal information to
those who watch us. We subscribe to tradeoffs with retailers and social media
giants, even when the rewards for exposure are minimal. We do this willingly, in
some cases happily, and are not so timid or careful or concerned about displaying
our most intimate details, eccentric whims, or caustic opinions. This is a surprising
turn of events for many political thinkers, who have long warned that mass
surveillance strips us of a feeling of personal freedom, and makes us less liable
to speak out and express individual differences, unique opinions, whims, tastes.
In short, a confessional culture is ascendant in the digital age, and this flies in
the face of dire predictions about panopticism. Panopticism refers to the surveil-
lance scheme designed by eighteenth-century social reformer Jeremy Bentham,
and which he first intended for a prison. His panoptic prison was to be a circular
structure with inmates housed in cells around a central tower, whose occupant is
obscured, his watchful eye unseen. This structure was revelatory, and widely
inspirational, because it illustrates a highly efficient use of power. Consider: you
don’t need someone literally occupying the tower; if obscured, the inmates never
know for sure if or when they are watched – but will behave as if they always are.
In this way, “visibility is a trap,” as the philosopher Michel Foucault puts it.27 The
25
Joseph Turow, The Aisles Have Eyes (New Haven, CT: Yale University Press, 2017), 158.
26
Nora Draper, Michael Hennessy and Joseph Turow, “The Tradeoff Fallacy,” A Report from
the Annenberg School for Communication, University of Pennsylvania, www.asc.upenn.edu
/sites/default/files/TradeoffFallacy_1.pdf.
27
Michel Foucault, Discipline and Punish, trans. Alan Sheridan (New York: Vintage Books,
1995), 200.
12 Life after Privacy
intention is that inmates might internalize the spectral watchman, and discipline
themselves.
And Bentham had high hopes for the impact and influence of the panoptic
schema outside the prison walls. If implemented in a variety of venues across
society, people would be motivated to behave morally, work diligently, and
become better persons and citizens all around. Widespread, perhaps even
pervasive panopticism would keep everyone “on the up and up,” so to speak,
invigorate the economy, improve general well-being, diminish the social
welfare state, and lighten the load on government, police, and church, tasked
with keeping us all in line. Indeed, Bentham’s bold prediction proved tantaliz-
ing, and Foucault details how this political revelation was applied throughout
the state and society, from schools to factories to hospitals.
From a political perspective, physical force is inefficient in exerting control. It
is often expensive, and it can also backfire: extreme force exerted by those in
charge might cause people to lash out and revolt. This is most clearly the case for
people who are accustomed to freedom, as Machiavelli would say – or people
who fancy themselves free, as in a democracy. Surveillance provides an elegant
and devastatingly effective solution for powers intent on ruling, and perhaps
oppressing, in a democratic age. The architecture of surveillance is “so light,”
Foucault liked to say; it is subtle, hardly noticeable. It only requires open spaces,
through which people can be watched – and watch one another. In this respect –
and perversely – methods of surveillance can be easily commingled with or
couched within euphemistic calls for openness, transparency, letting in the
light. And, in another perversion, Foucault says, we start to see panoptic
schemas used to enhance growing disciplinary power that imbues incipient
democracies in the nineteenth century, stymying the personal freedoms they
promised.
Actually, if we consider its relation to democracy, this gets to the heart of
what makes panopticism so powerful and insidious. Panoptic surveillance also
fits nicely with the rhetoric and ideology of individualism, because, well, it
succeeds so well at individualizing – but not in a good, empowering way.
Rather, individuals wither under the spotlight. And in their loneliness, and
growing paranoia, they turn into agents of their spies. Consider again
Bentham’s plan: at the heart of his prison is a spectral watchman – a vague,
ominous presence. This vagueness is key, and essential to the supposed
efficiency of his system. We, the spied upon, may not know who our spies
are exactly, what they want, what they are on the lookout for – what they are
soon to punish us for, perhaps. Much is left to the imagination, where it does
its critical damage. The spied upon are only supposed to see one another, and
in their lateral relations, through their own watchful, worried eyes, compel
Confessional Culture 13
one another to keep in line – whatever that might mean, exactly. It’s better if
we are left guessing about that too, to some extent. The result will be that we
the watched are reduced to a kind of paranoia, where we are less than free.
Surveillance makes power anonymous, also automatic.28 Power will not be
exerted top-down or from without, in rough imperious fashion, sure to rankle
the democratic masses. In panoptic schema, rather, power operates from
within each individual – at his or her own behest. Because I do not know
precisely who I am curtailing my behavior for, and how, this will largely seem
self-directed. And I will seem free and self-determining throughout. With this,
we arrive at the full genius of panopticism: it leaves us feeling autonomous and
independent, but compliant and chastened instead. And we are the primary
agents of social conformity and political obedience, which, depending on the
nature and extent of the panoptic scheme employed, Foucault argued, can be
stifling indeed.
In many ways, the modern surveillance state has far surpassed Bentham’s
aspirations – so much so that the title “surveillance state” hardly fits the bill.
Retailers, for example, are deeply invested in monitoring us, too, and through-
out our daily lives, in a host of hidden ways – shadowing our every move,
tracking our every want and whim. The immensity, complexity, and imma-
nence of contemporary surveillance systems has prompted critics to come up
with titles that capture it better, like “tenticular oligarcy,” or “Big Other,” as
opposed to Big Brother – conveying the ominous anonymity of our current
spies.29
Networked digital technology seems the ideal tool to achieve the power
dynamic Foucault says is so devastatingly effective in keeping people under-
foot in democracies. In terms of the architecture of surveillance, one can
hardly imagine anything so “light” or subtle as digital media. I may steer clear
of certain websites, forums, or chat groups, and watch what I say and do online,
for fear of who is watching me, and what their agenda is. And my censorship
will seem self-directed. Thus, we are all silently, covertly – obligingly and
automatically – urged towards conformity and quiescence.
Except that this is not how things have turned out. Or so it seems. By and
large, the digital generation does not appear to behave online as if some
disapproving Big Brother (or Big Other) were watching our every move,
influencing our every decision, paralyzing us with fear, and demanding self-
28
Foucault, 176.
29
See respectively Bernard Harcourt, Exposed (Cambridge, MA: Harvard University Press,
2015), 79; and Shoshana Zuboff, The Age of Surveillance Capitalism (New York: Public
Affairs, 2019), 20.
14 Life after Privacy
30
See, for example, Lucy Waterlow, “Rise of the Brelfie,” Daily Mail Online, February 25, 2015,
www.dailymail.co.uk/femail/article-2968246/Mums-head-head-brelfie-Morning-breastfeed
ing-selfies-list-parenting-trends-thanks-stars-like-Miranda-Kerr.html.
31
Igo, 268.
Confessional Culture 15
32
Igo, 338–44.
33
Harcourt has made a similar argument. Cf. Exposed, 99.
16 Life after Privacy
34
Krista Burton, “Are you really in love if it’s not on Instagram?” New York Times, March 24,
2018: www.nytimes.com/2018/03/24/opinion/sunday/relationships-love-instagram.html.
35
Burton, “Are you really in love?”
36
danah boyd, It’s Complicated: The Social Lives of Networked Teens (New Haven, CT: Yale
University Press, 2014), 203.
37
See boyd, 75.
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