Caller Id
Drat and bebother! Once again the American government has decided my (or perhaps your) rights to unsurveilled speech are functionally area-code-dependent. When the NSA wiretap brouhaha began, I thought perhaps, as with the Dubai ports deal, Americans overreacted. Monitoring international calls, especially given the far-flung locales where we rich Americans cavort, seemed not necessarily intrusive and almost certainly bound to be beneficial. The most colossal failure of the press conferences and presidential ripostes was to turn an international security issue into a debate about how much the government ought to know about its citizens. Here, William Stuntz (subscription required) argued that the ideal privacy situation in America is actually less transparency in government and more accessibility into the lives of its citizens. Among his more salient points:
"...different forms of evidence-gathering are substitutes for one another. Anything that raises the cost of one lowers the cost of all others. The harder it is to tap our phones, the more government officials will seek out alternative means of getting information: greater use of informants and spies, or perhaps more Jose Padilla-style military detentions with long-term interrogation about which no court ever hears, or possibly some CIA "black ops," with suspected terrorists grabbed from their homes and handed over to the intelligence services of countries with fewer qualms about abusive questioning. In an age of terrorism, privacy rules are not simply unaffordable. They are perverse.
Transparent government may be perverse, too. Consider the recently disclosed tape in which Governor Kathleen Blanco, fema Director Michael Brown, and various other state and federal officials discussed the response to Hurricane Katrina just hours after the storm made landfall. As the conversation happened, the situation was spiraling out of control. But the participants spent most of their energy congratulating one another (and themselves) and repeatedly saying that they stood ready to do anything that needed doing--while not actually doing anything. It was as if everyone in the videoconference expected the tape to be on the evening news."
We are birthed into and bound to a nation built on distrust between governmental branches. Distrust has fueled America's meteoric rise (thinking here, like a good liberal, to our place in history 300, 500, 1000 years hence) as surely as has the sweat of the immigrant. Business in America has had to innovate faster in large part because of antitrust (a rhetorical giveaway as to America's ethos) legislation. So when our government pleads for us to just trust that they're doing the right thing with wiretapping, of course our instinct is to recoil! I am angry at this administration for a number of reasons, vapidity and belligerence chief among them. But this fundamental misreading of the American public saddens me more than angers me. Take a look at this excerpt from Franklin Delano Roosevelt's speech to the nation after the bombing of Pearl Harbor:
"I believe I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost, but will make very certain that this form of treachery shall never endanger us again. "
It's not a tremendous statement, given the attacks. In fact, it's mostly vague and simple politician speech. Shrewd Roosevelt, however, made clear in the first sentence that he was interpreting the will of the people rather than asking the people to trust his will. That is the difference between a man who understands his historical privilege to be the U.S. President (and according himself arbiter's robe rather than messiah's) and a man who, drunk off his own reflection, conflates privilege, power and purpose. A man whose persona requires the savaging of others' (including his coveted demographics) is not a man at all; rather, he is a walking, seething id, and his bravura will wear thinner yet.
I want to believe in a government that, given unfettered access to my phone records, would apply the correct metrics and pursue the terrorists, pinko bastards and Scientologists lurking in my neighborhood. That I cannot believe in the inherent goodness of this administration should not be causally linked to the means they use. If Al Gore said he'd been monitoring phone calls to see what countries were called most often (and when, and how, etc.) I'd be a thousandfold more willing to let him carry on - not because I don't value freedom of speech or unlawful search, but because Gore never struck me as the type to abuse trust placed in him during crucial events. This NSA business is as Orwellian as we allow it to be because we keep ceding small defeats to a small man. (Witness: "More tax cuts! I'm totally out of ideas!" Boy, the NYT sure is liberal these days) We don't need transparent government; we need principled government.