Maybe a Democratic surveillance state?

By Frank Moreas

I think of Mike Konczal as an economics writer, but he is usually just as illuminating when writing about other things. Yesterday at Wonk Blog, he wrote, Is a Democratic Surveillance State Possible? In it, he described work by Yale law professor Jack Balkin where he argues that there are two kinds of surveillance states: authoritarian and democratic. Of course, in the United States, we have the authoritarian kind. And that is perhaps understandable. It matches our pretend democracy.

Authoritarian surveillance states act as gluttons and misers of information. They are gluttons in the sense that they collect all the information they can without regard to content or source. As Konczal puts it, "More is always better, indiscriminate access is better than targeted responses, and there's a general presumption that they'll have access to whatever they want, at any time." But they are misers in that they want as little information as possible to get out about who they are and what they do. In other words, authoritarian surveillance wants ultimate power and no accountability or transparency.

Democratic surveillance states, on the other hand, are, "information gourmets and information philanthropists." They are highly selective about the information they collect and generous about what they are doing and for what purpose. Konczal points out that a big part of this would be information destruction. That's one thing you can count on: the government might, for example, take your finger prints to identify you. But they will use those fingerprints even after you die to accuse you of crime. The information just goes on and on. In the case of fingerprints, it probably makes sense. But does it make sense for the NSA to maintain all of my phone records until the end of time? I assure you that they think so.

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