[LINK] If you have nothing to hide, you have nothing to fear
Roger Clarke
Roger.Clarke at xamax.com.au
Sun Jul 22 10:17:13 AEST 2012
>From one of the world's more sensible politicians:
http://falkvinge.net/2012/07/19/debunking-the-dangerous-nothing-to-hide-nothing-to-fear/
> Every so often, you hear the argument "If you have nothing to hide,
>you have nothing to fear", in order to justify increased and
>invasive surveillance. This argument is not only dangerous, but
>dishonest and cowardly, too.
> There are at least four good reasons to reject this argument
>solidly and uncompromisingly:
>1. The rules may change
>2. it's not you who determine if you're guilty
>3. laws must be broken for society to progress
>4. privacy is a basic human need.
Nice one.
Here's an FAQ from the Access Card era c. 2007:
http://www.privacy.org.au/Campaigns/ID_cards/HSAC-FAQ10.html
incl.
* 'Everybody has something to hide'
* Levels of Need
* A Single Controlled Identity is a Weapon of Political Power
* Hiding from the Word 'Hide'
* Other Articles on the Theme
* Glib Responses
That needs updating with Falkvinge's article, and generalising.
_______________________________________________________________________
> Every so often, you hear the argument "If you have nothing to hide,
>you have nothing to fear", in order to justify increased and
>invasive surveillance. This argument is not only dangerous, but
>dishonest and cowardly, too.
>
> In the comments to yesterday's post about Sweden's DNA register,
>some expressed the "nothing to hide" argument - that efficiency of
>law enforcement should always be an overriding factor in any
>society-building, usually expressed as "if you have nothing to hide,
>you have nothing to fear". This is a very dangerous mindset. The
>argument is frequently raised in debates by pro-big brother hawks,
>and doing so is dangerous, cowardly, and dishonest.
>
> There are at least four good reasons to reject this argument
>solidly and uncompromisingly: The rules may change, it's not you who
>determine if you're guilty, laws must be broken for society to
>progress, and privacy is a basic human need.
>
> Let's look at these in detail. They go from the less important and
>more obvious, to the less obvious and more important.
>
> One - The rules may change: Once the invasive surveillance is in
>place to enforce rules that you agree with, the ruleset that is
>being enforced could change in ways that you don't agree with at all
>- but then, it is too late to protest the surveillance. For example,
>you may agree to cameras in every home to prevent domestic violence
>("and domestic violence only") - but the next day, a new political
>force in power could decide that homosexuality will again be
>illegal, and they will use the existing home cameras to enforce
>their new rules. Any surveillance must be regarded in terms of how
>it can be abused by a worse power than today's.
>
> Two - It's not you who determine if you have something to fear: You
>may consider yourself law-abidingly white as snow, and it won't
>matter a bit. What does matter is whether you set off the red flags
>in the mostly-automated surveillance, where bureaucrats look at your
>life in microscopic detail through a long paper tube to search for
>patterns. When you stop your car at the main prostitution street for
>two hours every Friday night, the Social Services Authority will
>draw certain conclusions from that data point, and won't care about
>the fact that you help your elderly grandmother - who lives there -
>with her weekly groceries. When you frequently stop at a certain bar
>on your way driving home from work, the Department of Driving
>Licenses will draw certain conclusions as to your eligibility for
>future driving licenses - regardless of the fact that you think they
>serve the world's best reindeer meatballs in that bar, and never had
>had a single beer there. People will stop thinking in terms of what
>is legal, and start acting in self-censorship to avoid being
>red-flagged, out of pure self-preservation. (It doesn't matter that
>somebody in the right might possibly and eventually be cleared -
>after having been investigated for six months, you will have lost
>both custody of your children, your job, and possibly your home.)
>
> Two and a half - Point two assumes that the surveillance even has
>correct data, which it has been proven time and again to frequently
>not have.
>
> Three - Laws must be broken for society to progress: A society
>which can enforce all of its laws will stop dead in its tracks. The
>mindset of "rounding up criminals is good for society" is a very
>dangerous one, for in hindsight, it may turn out that the criminals
>were the ones in the moral right. Less than a human lifetime ago, if
>you were born a homosexual, you were criminal from birth. If today's
>surveillance level had existed in the 1950s and 60s, the lobby
>groups for sexual equality could never have formed; it would have
>been just a matter of rounding up the organized criminals ("and who
>could possibly object to fighting organized crime?"). If today's
>surveillance level had existed in the 1950s and 60s, homosexuality
>would still be illegal and homosexual people would be criminals by
>birth. It is an absolute necessity to be able to break unjust laws
>for society to progress and question its own values, in order to
>learn from mistakes and move on as a society.
>
> Four - Privacy is a basic human need: Implying that only the
>dishonest people have need of any privacy ignores a basic property
>of the human psyche, and sends a creepy message of strong
>discomfort. We have a fundamental need for privacy. I lock the door
>when I go to the men's room, despite the fact that nothing secret
>happens in there: I just want to keep that activity to myself, I
>have a fundamental need to do so, and any society must respect that
>fundamental need for privacy. In every society that doesn't,
>citizens have responded with subterfuge and created their own
>private areas out of reach of the governmental surveillance, not
>because they are criminal, but because doing so is a fundamental
>human need.
>
> Finally, it could be noted that this argument is also commonly used
>by the authorities themselves to promote surveillance and
>censorship, while rejecting transparency and free speech. Those who
>want to have a little fun can play the reverse card as illustrated
>by Saturday Morning Breakfast Cereal.
>
> The next time you hear anybody say "if you have nothing to fear,
>you have nothing to hide", tell them that's an absolutely false and
>dangerous argument, and point them at this article.
--
Kim Holburn
IT Network & Security Consultant
T: +61 2 61402408 M: +61 404072753
mailto:kim at holburn.net aim://kimholburn
skype://kholburn - PGP Public Key on request
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Roger Clarke http://www.rogerclarke.com/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in the Faculty of Law University of NSW
Visiting Professor in Computer Science Australian National University
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