This legal differentiation between communications technologies and information services means companies are obliged to help the government listen in on your phone calls with a warrant but are not obliged to help it read your email messages at least on account of this specific law. Some have since wanted to further broaden this law , and doubtless the Apple FBI dispute brings this issue to the forefront again. Law enforcement will presumably push for greater surveillance powers, and civil liberty advocates will resist.
But note that surveillance is not just of known bad actors, but also of suspected bad actors.
History teaches us that lists of suspects can sometimes be drawn way too broadly. You may remember the McCarthy era and J. Even today, there are attempts by the British Government Communications Headquarters to monitor everyone who visited the Wikileaks website, even just to browse. Wiretap laws, such as CALEA, apply to explicit communication actions taken by someone, such as actually making a phone call.
Wiretaps do not track your movements in the house, they do not listen to your conversations when you are not on the phone, they do not videotape you in your bathroom — but these are all actions our various devices are now capable of performing. With the proliferation of devices in our lives, it is certainly possible to use them for surveillance purposes. But there will also be a huge price to pay in terms of privacy and possibly wrongful arrests. Finally, this may feel futuristic, but I assure you it is not.
The FBI was already using a cellphone microphone to eavesdrop on organized crime as long as a decade ago. Commercial interests are not too far behind in doing much the same , with the purpose of targeting a better sales pitch.
Our omnipresent networked devices raise big questions that we should openly debate. How we balance these costs and benefits will determine the type of society we live in.
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