Surveillance - Should it be Illegal?

Balloon Juice has a piece on how you can get anyone's phone records for just over $100. And this evidently surprises not only him but the place he got it. Since the 1970s, the technology has existed to monitor every conversation in any room that has windows from basically any distance. The great defenses have been anonymity (why should anyone care about this), expense (it wasn't cheap) and processing power (somebody had to actually listen to all the garbage in order to extract any jewels). With modern programming, computers can take the place of human listeners at the first filtering, it's becoming cheap enough such that most folks can afford to plant bugs in dozens of locations if they want to, and with it so cheap, anybody is a potential target.



The same thing goes with cameras. If it's worth it to me, I can monitor anything you do from anywhere that is visible from public spaces, and most of the ones that aren't. Credit reports (the social is both login and password, and anyone can find it out if they're motivated enough). Any other information you'd care to name.



There is no defense. Not de facto, not really de jure. Outside of some pretty campy science fiction (the original Thunderbirds) I haven't seen anyone seriously propose any kind of detector for this. Failing that, the only way to stop it is nearly microscopic level sweeps of surrounding terrain on a continuing basis. And it's difficult to prove it belongs to anyone in particular.



Given this, there are essentially two options for individuals. Live in denial until you're caught, as happened to Congressman Cunningham. Or don't do anything such that you'd care if it was on page one of every newspaper and the lead of every newscast for a week.



Now, if there is one thing that everyone should have learned from recent celebrity trials, it's how difficult it is to convict anyone with resources (money) of anything substantial. Given this, making it illegal to spy means that the powerful and wealthy can spy on the less powerful and wealthy, but that the average person could not spy on the powerful and/or wealthy.



I find this idea intolerable.



So we arrive by process of elimination at the conclusion that we need to make all of this specifically legal.



What we gain from this step is also non-trivial. Identity thieves are nailed much sooner. Criminals of every real sort find it much more difficult to ply their trade when they can be captured on film at any moment. The powerful, who would be especially scrutinized, learn to live clean or live poor or live in prison. Yeah, there would be "Exclusive pictures of Congressional orgy!" in all the tabloids. We're all free not to purchase them, and the fact they undergo scrutiny of this sort constantly motivates them not to do anything they'd really care about being caught at. In fact, this kind of routine scrutiny would swiftly cause most sorts of victimless "crime" to be decriminalized, at the very least. There'd be some show trials, and after a very short period of time, it would become evident to even the most die-hard legislator of other people's morality that this nonsense just isn't viable any more.



I'm not exactly happy about the national security angles myself. But National Security is going to be the object of this sort of thing no matter how illegal it is. Treason and Espionage are two of the oldest and strongest death penalties on the books. The people who do these things know this, and do it anyway. On the other hand, legalizing scrutiny makes it much easier for those abiding by the law to find the real bad guys. And legalizing scrutiny means that we can watch our law enforcement, as well, and know if they are really staying within the limits that we have prescribed for them.