// HACKER NEWS — CYBERSECURITY
25 Years of Mass Surveillance Is Enough [Auth: Cindy Cohn; Bruce Schneier]
One of the many legacies of the terrorist attacks of Sept. 11 is the government-wide shift from targeted surveillance—such as individual wiretaps or pen register/trap and trace orders—to mass surveillance techniques—such as tapping into the internet backbone or mass collection of telephone or internet metadata. The legal and technical architecture of modern mass surveillance, initially framed as a necessary defense against terrorist threats, has grown far beyond that justification and national security in general. Mass surveillance is now a routine tool used by law enforcement. Immigration and Customs Enforcement (ICE) uses it in immigration actions and against people exercising their First Amendment rights to protest. It’s also increasingly part of private security systems, such as facial recognition at venues such as Madison Square Garden and networked Flock license plate capture systems on roads and in parking lots.
The interrelation between private and governmental mass surveillance is worth examining. Surveillance is the business model of the internet; companies like Google and Facebook constantly spy on their users’ behavior. From the National Security Agency (NSA) relying on data collected by telecommunication and internet companies, to local sheriffs and ICE agents relying on cellphone location data and privately managed automatic license plate readers, governments primarily obtain the mass surveillance information through private companies. Increasingly, access doesn’t just come through legal processes, either. FBI Director Kash Patel recently confirmed in congressional testimony that the agency is purchasing information on Americans from data brokers and intends to continue to do so.
This pipeline from private collection to governmental collection means that as companies collect more information for surveillance capitalism purposes, more is available to law enforcement as well. And as the technology for mass surveillance and analysis improves, especially with the increased use of AI technologies, the problems attendant to mass surveillance grow as well.
After 9/11, the idea that the government could surveil the population to safety took hold. In 2001, the fear of terrorism reached a frequency and intensity never before seen. Along with that came the fear that the enemy could be anyone, anywhere. As a result, the government’s response was to watch everyone, everywhere. This line of reasoning underpinned the shift from targeted to mass surveillance. Or, in the words of an internal NSA presentation that was made public as part of Edward Snowden’s 2013 disclosures, a government that can “Collect it All,” “Process it All,” “Exploit it All,” “Partner it All,” and “Sniff it All,” will ultimately, “Know it All.” Similar rationales support the rise of domestic mass surveillance: If law enforcement could see and hear everything, it could more effectively interdict and solve serious crimes.
The national security community has never provided a full analysis of the costs and benefits of these mass surveillance programs, in terms of either taxpayer dollars or diversion of resources from other efforts—or any demonstration that those techniques stopped attacks that otherwise they would not have been able to prevent. While the NSA occasionally presents examples of the successes due to its mass surveillance programs, especially when those techniques are under public pressure, the examples also regularly fall apart upon serious scrutiny. And even if some utility exists, it must be seriously weighed against the costs.
Similarly, there has never been any comprehensive analysis about whether domestic immigration or law enforcement’s use of these techniques actually makes people safer, or whether other techniques could produce the same results. Instead, both the police and the companies selling these tools float anecdotes and dubious data. For example, Flock’s data equates the number of law enforcement hits in their database with actu