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t h e w atchm an in pie ce s
This page intentionally left blank
d a vid rosen and aar o n sa n tesso

Watchman
THE

in Pieces
surveillance, literature,
and liberal personhood

new haven & london

Copyright © 2013 by Yale University.
All rights reserved.
This book may not be reproduced, in whole or in part, including illustrations, in any form
(beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except
by reviewers for the public press), without written permission from the publishers.

Yale University Press books may be purchased in quantity for educational, business, or
promotional use. For information, please e-mail [email protected] (U.S. office) or sales@
yaleup.co.uk (U.K. office).

Set in Scala and Scala Sans types by IDS Infotech, Ltd.

Printed in the United States of America.

Library of Congress Cataloging-in-Publication Data

Rosen, David, 1971–

The watchman in pieces : surveillance, literature, and liberal personhood / David Rosen and
Aaron Santesso.
pages cm
Includes bibliographical references and index.
ISBN 978–0–300-15541-9 (cloth : alk. paper)
1. Self in literature. 2. Privacy in literature.
3. Citizenship in literature. I. Santesso, Aaron, 1972– II. Title.
PN56.S46R67 2013
809’.93353—dc23
2012046993
A catalogue record for this book is available from the British Library.

This paper meets the requirements of ANSI/NISOZ39.48–1992 (Permanence of Paper).

10 9 8 7 6 5 4 3 2 1
While Hermes pip’d, and sung, and told his tale,
The Keeper’s winking Eyes began to fail;
And drowsie slumber, on the lids to creep,
’Till all the Watchman was, at length, asleep.
Then soon the God, his Voice and Song supprest;
And with his pow’rful Rod confirm’d his rest:
Without delay his crooked Faulchion drew,
And at one fatal stroke the Keeper slew.
Down from the Rock, fell the dissever’d head,
Opening its Eyes in Death; and falling bled:
And mark’d the passage with a crimson trail;
Thus Argus lies in pieces, cold and pale;
And all his hundred Eyes, with all their light,
Are clos’d at once, in one perpetual night.

—Ovid, Metamorphoses 1.713–21, trans. john dryden 1693

This page intentionally left blank
CONTENTS

Acknowledgments ix

Introduction 1

1 The Retreat of Allegory 18

2 The Liberal Panopticon 53

3 Inviolate Personality 105

4 The Return of Allegory 157

5 Towards a Theory of Liberal Reading 223

Notes 283

Index 343
This page intentionally left blank
 ACKNOWLEDGMENTS

several years ago, we asked a surveillance expert at Scotland Yard

what recent technological development posed the most frightening chal-
lenge to governments hoping to track criminal activities. His response
was instant and unequivocal: Skype. Because the service divided the
user’s voice into discreet data-bundles, which were then encrypted and
sent helter-skelter via servers around the world, before being reassembled
on another user’s computer, it was practically impossible to monitor in
any traditional way. Accordingly, Skype had become a favorite device of
terrorists, drug cartels—and, as it happens, ourselves. This book required
ten years to research, write, and edit; at no point during this decade were
we living less than 900 miles apart. As our research took us across the
country and abroad, Skype went with us, ultimately making possible free
and lengthy conversations from four different continents. By a happy
coincidence, the service entered its beta phase in 2003, just as work on
the book was beginning to heat up. Enough time had passed for us to take
it for granted—until we were reminded that day of its equivocal role in
our very topic. Therefore we begin by acknowledging Niklas Zennström
and Janus Friis—and by noting that Skype, now owned by Microsoft, has
been restructured to make it more accessible to law enforcement.
One of us received his training in the literature of the eighteenth
century, the other in Modernism. It goes without saying that the internal
pressures of our profession prohibitively favor continued work in our
chosen corners of it. This book, which moves from the early Renaissance
to the present day, and which draws selectively from such fields as legal
IX
x a c k n ow le d g me n t s

theory, sociology, political science, and art theory, in addition to the two
primary disciplines of literary studies and philosophy, runs very much in
the other direction. Since we would hope that scholars in those other fields
might read this book with interest and profit from it, we have accrued
numerous debts in the process of making ourselves (selectively) fluent in
those disciplines. We gratefully acknowledge the useful conversations we
have had with friends and colleagues working in other areas of English
literature—among these, Barbara Benedict, Ciaran Berry, Sarah Bilston,
Nihad Farooq, Lucy Ferriss, Sheila Fisher, Ken Knoespel, Dutch Kuyk, Paul
Lauter, James Mardock, Steve Monte, James Mulholland, Milla Riggio, Lisa
Yaszek and Prakash Younger. Additionally, we have benefited from conver-
sations with colleagues in other disciplines relevant to the project, from
mathematics (David Cruz-Uribe), to computer science (Mircea Nicolescu),
to political science (Lida Maxwell), to history (Dennis Dworkin, David
Randall). Our thanks also go to the library staffs at Trinity College, the
University of Nevada, and Georgia Tech, as well as those at Wesleyan
University, Emory, Yale, and the University of Georgia. Special acknowl-
edgments to Brandeis University, the British Library, the New York Public
Library, and University College, London, for access to their archives.
From the beginning, we meant for this book to be of interest to those
outside academia—and accurate in its depiction of the current state of
surveillance. This has meant interviewing surveillance professionals, or
men and women whose professional lives interact with surveillance in
particular ways. Many of those with whom we spoke have requested
anonymity, including officers and staff at Covert Policing Command at
the Metropolitan Police in London (Scotland Yard); various employees
and surveillance operators at the Silver Legacy, Eldorado, Harrah’s,
Fitzgerald’s, and MGM Grand casinos in Reno and Las Vegas, Nevada;
and officers working with Homeland Security at the Hartsfield-Jackson
Atlanta International Airport. We are also grateful to Joe Navarro, formerly
with the FBI, who spoke to us about nonverbal cues and behavioral
profiling, and David G. Schwartz, now director of the Center for Gaming
Research at the University of Nevada, Las Vegas.
Three anonymous readers at Yale University Press, and one who
chose to identify himself (Patrick Brantlinger), had a distinct influence on
the form this book finally took. To these we would add readers and editors
at the several journals in which parts of chapters have previously
appeared—above all Frances Ferguson at ELH, who contributed some
 a c k n ow l e d g m e n t s XI

useful ideas for chapter 2. Because of the book’s very broad scope, we
profited from readers who were able to identify necessary texts we were
ignoring—but just as much from those who called us on the opposite
tendency: aware of the territoriality of scholars in each of the fields into
which we were venturing, we took care to footnote our research exten-
sively. It was at the gentle suggestion of some readers that we ultimately
removed several dozen footnotes from the final text. Our deepest thanks,
finally, goes to department colleagues who put in the time and energy to
read and comment on all or much of the manuscript as it was being
produced; Chloe Wheatley clarified the stakes in our treatment of the early
modern period, and Chris Hager was of especial help in making more
precise our treatment of American material. It is, finally, a characteristic
of our book that it is meant to be read as a book: as a through-composed
argument with multiple intertwining strands, it cannot be read selectively
or quickly. We are grateful to these and other patient and dedicated readers
who perceived this ambition and did not try to dissuade us from it.
A final individual, to whom we can only refer as A.F., taught us an
early and painful lesson about the perils of dataveillance. We acknowl-
edge him here.
Writing this book would have been much harder without the institu-
tional support each of us received at all stages of the project. Trinity College
provided funding for travel to conferences and archives, and for comple-
tion of the manuscript, both through the Allan K. Smith bequest and
through discretionary funds administered through the Office of the Dean
of Faculty. Our thanks go to Associate Deans Tom Mitzel and Melanie
Stein and to Dean Rena Fraden. The University of Nevada, through the
English Department, Dean’s Office, and Provost’s Office, funded research
and conference trips. Georgia Tech provided a Faculty Foundation Grant;
in addition, Ravi Bellamkonda, Associate Vice President for Research, and
Dean Jackie Royster not only provided funding but were enthusiastically
supportive of the project. We have also been propped up, in more ways
than can be counted, by the administrative staffs in our own departments.
Grantley Bailey, Christina Bolio, Roberta Rogers-Bednarek, Jocelyn
Thomas, and especially Kenya Devalia and Margaret Grasso can take their
share of credit for the book appearing as speedily as it did.
We thank Nan and David Skier for their permission to reproduce
images from their wonderful collection of Victorian eye portraits, housed
at the Birmingham Museum of Art (and which can be viewed in The Look
XII a c k n ow le d g me n t s

of Love: Eye Miniatures from the Skier Collection); we also thank Eric
McNeal, registrar at the Birmingham Museum of Art, for his assistance.
Deepest gratitude, finally, to Jennifer Banks at Yale University Press,
who saw the potential in this project years ago—and who returned to it in
time to see it to fruition. A book is nothing without a smart and committed
editor—and we have been truly spoiled. We also appreciate the efficiency
that Piyali Bhattacharya, Niamh Cunningham, Heather Gold, Margaret
Otzel, Christina Tucker, and especially Eliza Childs have brought to the
production of the manuscript.
We additionally have our own personal acknowledgments to make:

david: This is for my friends, colleagues and family, Helen and

Joel Rosen above all.
aaron: I would first of all like to thank the taxpayers of the State
of Georgia, who supported me while I worked on this project.
In addition, I thank Narin Hassan, Chris Coake, Eric
Rasmussen, Cody and Kristin Marrs, Kacy and Andrew
Tillman, Santiago Echeverry, and Chloe Wigston Smith
(for one thoughtful email in particular). Special thanks to
Eric Harper for his endless patience and friendship, and of
course to my family (my parents Frank and Deirdre, my
brother Nathan, and my sister Rachel—as well as Kadri,
Nilgün, and Ömer in Istanbul). My greatest debt, one I fear
I can never fully express, let alone repay, is to Esra. This
book is for her—and for Kaya.

Parts of various chapters have appeared, in substantially altered form, in

various venues. Part of chapter 3 was originally published by the Cardozo
School of Law of Yeshiva University and the University of California Press
as “Inviolate Personality and the Literary Roots of the Right to Privacy,”
Law and Literature 23: 1 (Spring 2011): 1–25. Part of chapter 2 was first
printed by the Johns Hopkins University Press as “The Panopticon
Reviewed: Sentimentalism and Eighteenth-Century Interiority,” English
Literary History (ELH) 77:4 (Winter 2010): 1041–59. The concluding
section of chapter 1 was reconfigured as “Satire and the Afterlife of
Allegory,” in Swift’s Travels, ed. Nicholas Hudson and Aaron Santesso
(Cambridge University Press, 2008).
 Introduction

a man drives to the A I R P O R T . From the moment he leaves his motel to

the instant he boards the plane, closed-circuit cameras—at gas stations, stop-
lights, private businesses—record his every move. Databases register his most
trivial purchases and, in turn, supply monitors with information about his
personal history. At no point is he truly alone, as GPS tracking systems follow
his automobile, and perhaps his very person, indoors and out, with exquisite
precision. At no point is he truly anonymous, as voiceprints, thumbprints,
retinal scans, facial recognition software, and easily collected bodily fluids
instantly lay his identity bare to anonymous observers. If he uses a telephone, or
indeed any form of telecommunication, he reveals himself at once to the more
than 18 acres of mainframes buried deep beneath Fort Meade, outside
Baltimore. Meanwhile, 155 miles overhead, in the airless silence of the iono-
sphere, satellites capable of detecting a solitary mole on the nape of his neck
stare straight down with impersonal accuracy. . . .
To abandon the feverdream for a moment: it is a common cliché
that we live in something called a “surveillance society.” The seemingly
inevitable encroachment on our private lives by corporate data miners
or the government (or pick your own bogeyman) is a recurrent topic of
Hollywood movies, the news media, and the press, both popular and
scholarly. It is a situation conducive to hysteria, and although a great
distance separates academic theorists from mass-market authors, most
1
2 i n t r od u ct io n

writers who deal with this subject draw on a common core of alarmist
premises and imagery.1 Nineteen eighty-four has finally arrived—George
Orwell, as one might expect, being invoked frequently as a prophetic
figure or, still more often, as a metonym for opinions and conclusions
barely consistent with his stated views. Thus Charles Sykes’s observation
in The End of Privacy (written for a broad audience)—“Big Brother has . . .
set up shop at the nearest mall [and] is doing a brisk business”2—is
echoed, in more solemn tones, by Thomas Levin:

Not least since Orwell’s 1949 vision of an aggressively

authoritarian 1984, our sense of the future—and increasingly of
the present—has been marked by the fear of being watched,
controlled, and robbed of our privacy. Indeed, one could argue
that one of the hallmark characteristics of the early twenty-first
century is precisely the realization of Orwell’s worst nightmare. 3

As it happens, most of the elements of our opening vignette, including

some that are patently fictitious, were taken from a single source: Enemy
of the State, a film produced by Jerry Bruckheimer, directed by Tony Scott,
and starring Will Smith and Gene Hackman.4 It has become a minor
classic of its genre, the paranoid techno-thriller. A successful lawyer
(Smith) unwittingly comes into possession of a video depicting the unau-
thorized assassination of a congressman by the National Security Agency.
In short order, his identity is erased (credit cards cancelled, accounts
closed, etc.), his character besmirched (he loses his job and nearly his
family), and, with GPS devices attached at unawares to various parts of
his body and clothing, he finds himself fleeing for his life from assassins
who always seem to know exactly where to find him. Things look bleak
indeed until he is helped by former NSA spook Hackman; there’s a happy
ending, but the disturbing issues raised by his experience are anything
but resolved. If these details seem familiar, you were perhaps one of the
millions who flocked to Enemy of the State on its release (over a quarter
billion dollars in worldwide box office revenue to date)5—but our larger
point is that these clichés and topoi, and the assumptions that underlie
them, are common currency in the ongoing public discussion about
surveillance and privacy.
In the academic world, surveillance studies is at once burgeoning
and strangely narrow in focus.6 The last few years have seen a flood of
 i n t rod u c t i on 3

scholarly publications, and since 2002 the online journal Surveillance and
Society has provided a quarterly forum for a great quantity—if not great
variety—of work. This narrowness is partly methodological, a result of the
way the field has constituted itself: it is dominated by a small number of
disciplines, pretty much the disciplines one would expect. Political
science, communication theory, and sociology are all well represented,
but the dominant player, with the deepest institutional support, is legal
studies. Perceiving the extension of surveillance activity as a threat to
privacy rights, advocacy groups like the ACLU, the Electronic Privacy
Information Center, and the Online Privacy Alliance, as well as law
schools (for example, Harvard’s Berkman Center for Internet and Society)
have poured immense resources into studying the problem and proposing
courses of action. In all of these endeavors, but especially in current
academic discourse, there is more than a whiff of technological deter-
minism, each new advance in data mining or miniaturization understood
as producing inevitable, harmful results. As one neuroscientist has
recently put it, we are on the verge of a “revolution in privacy. Transparency
is going to come all the way back to our thoughts.”7 Against such threats,
it is perhaps inevitable that much of the rhetoric in the field is reactive or
even apocalyptic in tone—thus Levin again: “From the more obvious
closed-circuit television (CCTV) observation to the more insidious
(because largely unrecognized) digital information tracking known as
‘dataveillance’ (which covers everything from supermarket purchases to
cell-phone usage and internet-surfing patterns)—surveillance has
become an issue that is not only increasingly a part of everyone’s daily
life, but is even embraced as such.”
Although the ongoing discussion has attracted fellow-traveling work
in art theory, and to some extent literary studies, the distinctive and neces-
sary contribution of the humanities as such to this conversation has
largely gone unarticulated. Indeed, so long as the effects of scientific or
technological advance are taken to be preordained, invariable, or self-
explanatory, the questions humanists might raise will go unasked. Let us
assume, for example, that surveillance presents a challenge to personal
privacy. But what do we mean exactly by “privacy,” why do we value it to
such a superlative degree—and what, finally, might privacy rights be
protecting? The “person,” presumably—but what, then, do we mean by
that? In ways probably unanticipated by our neuroscientist, any account
4 i n t r od u ct io n

of surveillance must also consider the ultimate target of all surveillance

activity: the individual self. Any history of surveillance, it follows, must
consider the ways that conceptions of selfhood have changed over time:
as definitions of the Human have shifted over the centuries, so too have
ideas about how to uncover (or dictate) that inner human essence. The
reverse is equally true: as means of observation and invasion have become
more sophisticated, definitions of personhood have changed. The
complex dialectical struggle between surveillance and selfhood is one
that the study of literature, with its close interrogation of character,
and philosophy, with its central interest in the thinking subject, are well
positioned to tackle. These disciplines are indeed the two (in order of
importance) on which we draw most heavily in the chapters that follow. It
is nevertheless the case, however, that philosophy bears some responsi-
bility for the present state of surveillance studies. The premises and fears
that underlie most current work in the field—which speak to a theoretical
narrowness in the way key questions about personhood and privacy have
been answered—can be traced, finally, to a small group of writers and to
three or four big names in particular.

PANOPTICISM
Nearly all contemporary philosophical discussions of surveillance
lead back, one way or another, to Jeremy Bentham—or rather, as we
shall argue, to a highly tendentious and selective engagement with
Bentham’s most notorious venture: the panopticon.8 As Bentham himself
recognized, the greatest innovation of his circular prison was not
architectural but psychological; it is in this respect that he has had the
most influence on successor theorists. In his prospectus for the project,
he refers to the plan as “a new mode of obtaining power of mind over
mind, in a quantity hitherto without example”; later, he refers to the
prison frankly as a machine for producing certain types of behavior
and even certain types of human being.9 While the cells are open (and
the prisoners exposed) at all times to inspection from a central guard
tower, the reverse is not true: in a crucial innovation, Bentham
furnishes the windows of the inspector’s “lodge” with Venetian blinds,
which are always closed. The prisoners never know whether or not
they were being watched, and this, Bentham concludes, will produce
certain results:
 i n t rod u c t i on 5

The more constantly the persons to be inspected are under the

eyes of the persons who should inspect them, the more perfectly
will the purpose of the establishment have been attained. Ideal
perfection, if that were the object, would require that each
person should actually be in that predicament, during every
instant of time. This being impossible, the next thing to be
wished for is, that, at every instance, seeing reason to believe as
much, and not being able to satisfy himself to the contrary, he
should conceive himself to be so. . . . The essence of [the plan]
consists, then, in the centrality of the inspector’s situation,
combined with the . . . contrivances for seeing without being
seen. . . . The greater chance there is, of a given person’s being at
a given time actually under inspection, the more strong will be
the persuasion—the more intense, if I may say so, the feeling, he
has of being so. (40, 44)

This feeling, the conviction of always being watched, abetted by “constant

and unremitting pressure” (63), Bentham plausibly concludes, will cause
prisoners to behave well at all times, thus fulfilling the “purpose of the
establishment.”
According to many subsequent readers, Bentham is outlining a
psychology of internalization. That is, the inmate of a panopticon, under
constant observation, or at least believing himself to be so, gradually
absorbs the rules of the prison. Although at first he might conform out of
self-preservation, eventually his mind is overwritten by his captors: his feel-
ings of being watched, and the rules of behavior expected of him, become,
permanently, part of his very identity. In chapter 2, we will argue that this
theory of internalization is fundamentally inaccurate and reexamine
Bentham’s more basic assumptions about observation and control in the
context of Enlightenment philosophy. Be that as it may, the psychology of
internalization was the starting point for Michel Foucault, Bentham’s most
prominent modern interpreter and still, some decades after his death, the
key figure in current surveillance theory. Echoing Bentham in Discipline
and Punish (Surveiller et Punir, 1975), Foucault comments that where older
prisons aimed to punish the body, new institutions of the sort proposed in
the Panopticon Letters aimed at the mind: “It [was] no longer the body, with
the ritual play of excessive pains. . . . It [was] no longer the body, but the
6 i n t r od u ct io n

soul.”10 The prisoner’s mind was now conceived of as “a surface for the
inscription of power” (101), with the final goal of creating an “obedient
subject, the individual subjected to habits, rules, orders, an authority that
[was] exercised continually around him and upon him, and which he must
allow to function automatically in him” (128–29).11
Discipline and Punish is perhaps Foucault’s most influential entry in a
vast, career-long examination of modern discourse; his specific subject
here is the emergence of a modern, “disciplinary” state in the nineteenth
century out of the older, “sovereign” forms of government that had
pertained from the High Middle Ages through the time of Louis XIV
(Foucault’s frame of reference is almost exclusively French). Where
control in sovereign states had streamed downward from the “‘super-
power’ of the monarch” (80), it was more evenly dispersed among the
populace in disciplinary societies. This work of dispersion was driven by
the spread of human sciences developed or perfected during the
Enlightenment—medicine, psychology, criminology (and legal theory
more broadly), theology, educational theory, and so on—each of which
had the effect of defining the individual more precisely. Where the
solitary person had once been part of an undifferentiated mass, and thus
relatively invisible to the government, he or she could now be precisely
categorized—as, say, “male, homosexual, Catholic, working class, with an
I.Q. of 90, [etc.].” In short,

The disciplines mark the moment when the reversal of the

political axis of individualization—as one might call it—takes
place. In certain societies, of which the feudal régime is only
one example, it may be said that individualization is greatest
where sovereignty is exercised and in the higher echelons of
power. . . . In a disciplinary régime, on the other hand,
individualization is ‘descending’: as power becomes more
anonymous and more functional, those on whom it is exercised
tend to be more strongly individualized; it is exercised by
surveillance rather than ceremonies, by observation rather than
commemorative accounts. (192–93)

These last comments suggest, finally, why Foucault found Bentham’s

letters so useful. In the older dispensation, the immense prestige of the
sovereign coincided with a “constant illegality” on the part of ordinary
 i n t rod u c t i on 7

people; the monarchy had neither the ability, nor any particular desire, to
prosecute everyday trespasses (88). With the spread of disciplines,
however, which defined and made visible each citizen, the State could
now develop powerful mechanisms of observation and measurement.
Thus the rise of the police—and the secret police—as well as countless
smaller techniques of oversight: “In order to be exercised, this power had
to be given the instrument of permanent, exhaustive, omnipresent
surveillance, capable of making all visible, as long as it could itself remain
invisible. It had to be like a faceless gaze that transformed the whole social
body into a field of perception” (214). In short, disciplinary society, with its
unseen and thus potentially unremitting watchers, and its citizens,
trapped like prisoners in their cells by “hierarchized, continuous and
functional surveillance” (176), worked precisely like Bentham’s panop-
ticon. The more intense the pressure, Foucault reasoned, the less aware
citizens would be of its operation, having internalized the conditions of
their subjection. Foucault’s major revision of Bentham, then, was to
expand his model—and his psychology—to fit the entire body politic: a
surveillance society.12
One of our aims in chapter 2 will be to restore Bentham’s thinking on
surveillance minus this revision, with an eye towards retheorizing the
basic mechanisms of surveillance itself. An obvious strength of Foucault’s
model, we would acknowledge, and clearly a reason why it has remained
dominant in contemporary discussions, is its ability to absorb innovation:
each new advance in monitoring technology—from GPS systems, to
retinal scans, to supermarket cards—seems to substantiate his vision of
total observation and control. Indeed, a good deal of the scholarship on
surveillance today consists of little more than applying vaguely
Foucauldian conclusions to the latest gadgets.13 The same may be said of
an endless stream of articles and stories in the mass media, with a single
proviso: Foucault’s assertions, or highly reductive versions of them, have
so entered popular consciousness—albeit anonymously—that he is rarely
cited or even recognized. Whatever the validity of his theory, Foucault has
been internalized, if not quite in his own terms; in the climate of opinion
that produced Enemy of the State, the wind was blowing from France.14
Nevertheless, in the last two decades, some prominent surveillance
theorists have begun to question (or complicate) Foucault’s more extreme
conclusions, even as they have remained in basic agreement with him
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