Well, I will to continue
using this scenario in class; I’ll just soon be leaving off the word ‘future’.
A government program has been designed, built and tested, and I think it’s
closer to deployment than anyone realized.
With the well-chosen acronym,
BOSS, the Biometric Optical Surveillance System has been under development for
several years. The origins of the program are very interesting. It began with a
military purpose: to spot terrorists and suicide bombers in Afghanistan and
Iraq. But in typical mission creep fashion, the program was brought stateside
and put under the control of the Department of Homeland Security. Now the aim
is for domestic use by law enforcement across the US.
An article in the NY Times contains
the recent revelations about BOSS, which has been a two-year multi-million
dollar effort carried out mostly by contractors. It has been field tested
(using volunteers) and the improvement in the technology – in terms of accuracy
and speed – has been rapid and steady. As a technology guy, I’m impressed.
But as private citizen, I’m
alarmed, and for a lot of reasons. The system is designed to contain not just
mug shots of the bad guys, but all possible attainable photos – of all of us.
The handiest source for this is driver license photos; although this has not
been established yet, I foresee that the temptation for a complete nationwide identity
recognition system will become very strong.
The potential for abuse is
also very high. It would be nice if we could find the bad guys whenever they
walk out of hiding, but the system can – and I think, undoubtedly will – be used
to track even minor offenders, people subject to civil suits and all around
government fishing expeditions. And the potential chilling effect on protected
political protest and free speech is not something we should dismiss lightly.
Next, as my students
eventually recognize, this system is very different from the cop on the beat.
The cop uses judgment and has authority. Yes, we expose our faces to everyone
in view when in a public place, and our expectation of privacy is adjusted accordingly.
But that expectation does not extend to a big-brotherish system of continuous
scanning – at least not yet. I fear the day when such a system may in fact be within
our expectations.
And last of all, I’m alarmed
that this system was developed entirely in secret, and was only revealed after
a Freedom of Information Act filing. As Ginger McCall (a lawyer and privacy advocate
who wrote about this in a Times Op-Ed piece) righty points out, we should not
be deploying systems like this without safeguards and rules in place, and after
a reasoned public debate. This is not something that government bureaucrats
should deploy and control in secret. The public should have a say – and the right
to a veto.
Given the government's penchant
for mission creep and the often overzealous – and secret – application of
technology designed to keep us secure at the expense of privacy rights, we should
all be concerned. The NSA’s use of packet sniffers to spy on internet traffic
and email is just one recent case of an agency going far beyond what reasonable
citizens consider acceptable. I think it would be another tragedy if BOSS were deployed
without public discussion, and clear-cut rules on how it is to be used, and not
abused. Let’s not surrender our reasonable expectations of privacy yet again to
another secret government program which we knew nothing about until after the
fact.
1 comment:
You raise a lot of interesting questions in this article, but I don't know if they are of any consequence or not. I question the relevance and effectiveness of public debate on a topic like this. This new tool represents a change and in general, people resist change. So I think the result of the public debate would be that people don't like it and don't want it. That will stop nothing.
While I agree that safeguards and checks and balances are generally good things, I don't believe they prevent much. Now if you were to argue that it was the removal of the many checks and balances of Glass-Steagle that caused/contributed to the financial crisis in 2008, I'd agree with you. The reason I'd agree is because in that case the government was the overseer of private industry. The government is quite good at this. What they're not so good at is overseeing government. In this case everyone would want oversight but who would provide it? The government? If you believe that works just look at the record of the FISA court.
The bottom line is this facial recognition system is a tool, just like any other tool. Any tool can be misused. That is not a reason to eliminate the tool. A hammer can be misused. Should we not have hammers? What this all comes down to, IMHO, is that the tool is not worrisome to me. Let's just make sure we have independent groups, like the ACLU (politics aside) who will act when abuses occur (and they will). Wikileaks can be thought of in the same way as the ACLU, perhaps, but that's a topic for another day.
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