Irregular Times Diaries: Unfit Discussion

Northeastern University has revealed that a team of its researchers used people’s cell phones to track their movements without their knowledge and without their permission. 100,000 people were spied upon by the Northeastern University team. That’s illegal for academic researchers to do in the United States, so Northeastern University chose to spy on people outside of the USA, in some foreign country that they refuse to name.

The Associated Press is reporting the story, but only part of the story. “That type of nonconsensual tracking would be illegal in the United States, according to Rob Kenny, a spokesman for the Federal Communications Commission,” the AP writes.

What the AP quotes Rob Kenny as saying is not exactly true. Academics, and other private citizens like you and I cannot legally use cell phone networks to spy on people’s private movements and communications, but the government can.

Thanks to the Patriot Act and the Protect America Act, the American federal government has the power to do the same thing here in the United States that the researchers from Northeastern University did outside of the USA.

The White House can take the information your cell phone beams back to its network, and use that to see where you go and what you do, not just who you talk to with your cell phone. They don’t need a search warrant to do it. They don’t need your permission. They don’t even need to tell you they’re spying on you. No judge approves the spying. No one can stop it.

This kind of spying is a tool of political power.

With this power, the President can track political activists.

The President can eavesdrop on congressional aides.

George W. Bush has the power to spy on Barack Obama’s campaign.

The tricky part is that you can never be sure that you’re being spied on when you’re carrying your cell phone… and you can never be sure that you aren’t being spied on either.

Never being sure if someone from the government is watching where you go, or listening to what you say, you can never be sure that you’re alone.

That kind of environment stifles free speech, free association, and even free thinking.

Many in the corporate world are having a knee jerk reaction to support the Republican proposal to, through the extension of the Protect America Act in the FISA Amendments Act, give telecommunications companies legal immunity from the assistance they have given to the government in conducting massive electronic spying operations against American citizens while those operations were against the law. Their automatic impulse is to support the Republican Party. In this case, however, to do so is directly in contradiction to their economic interests.

Corporations do have a responsibility to the government – to follow the law. Corporations also have responsibilities to their customers, to honor their privacy agreements. If corporations show that their legal agreements with customers no longer have any weight, what basis is there for trust in the marketplace any longer?

It is absolutely to claim that America can only be secure from terrorism when the government is allowed to conduct massive electronic spying operations against American citizens AND businesses without any judicial review or congressional oversight. In fact, America cannot be secure from terrorism when power over communications is so centralized that free and open communication within and between corporations and citizens is limited by self-censorship. A nation of citizens afraid to talk to each other openly is a nation where no one, including the government can know what is going on.

The FISA Amendments Act legislation goes far beyond reasonable reform. It is a threat to the independence of business from government and to the liberty of the individual citizen.

No one can conduct business when they aren’t assured of private communications. If people in business believe that government spies may be eavesdropping upon any of their electronic conversations, innovation, cooperation and sales will grind down until they are excruciatingly slow. Without the ability to secure proprietary information, all the competitive advantages built up over the last 15 years through the development of electronic communication would come to naught.

The FISA Amendments Act would indeed give legal immunity to corporations like AT&T, Google and Yahoo, for cooperating with the federal government in spying against Americans’ private communications. However, that legal immunity is no protection. In fact, such immunity would strip corporations of any legal justification for refusing to cooperate with government electronic spying programs.

If the FISA Amendments Act, no company could guarantee its customers privacy. That would have a chilling effect on all business, not just individual communication.

The American economy cannot function without freedom of speech, the right to free assembly, and the protection from unreasonable search and seizure. That’s why American business ought to come together with civil libertarians and demand that the FISA Amendments Act be voted down by the United States Senate.