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NSA

Forget Orwell; NSA is Pure Kafka!

Nick Gillespie | 6.11.2013 4:32 PM

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Glenn Reynolds at Instapundit reminds us that Daniel J. Solove's 2007 paper, "'I've Got Nothing to Hide' and Other Misunderstandings of Privacy," is "the #1 paper on SSRN for all-time downloads, and with good reason."

Reynolds is right.

Here's a snippet (and remember, he's talking about the old NSA programs, which were like totally different than the ones we're dealing with now. For instance, back then, a Republican was in the White House, and now it's a Democrat):

Far too often, discussions of the NSA surveillance and data mining define the problem solely in terms of surveillance. To return to my discussion of metaphor, the problems are not just Orwellian, but Kafkaesque. The NSA programs are problematic even if no information people want to hide is uncovered. In The Trial, the problem is not inhibited behavior, but rather a suffocating powerlessness and vulnerability created by the court system's use of personal data and its exclusion of the protagonist from having any knowledge or participation in the process. The harms consist of those created by bureaucracies—indifference, errors, abuses, frustration, and lack of transparency and accountability.

Download the paper here.

Jeebus, who would have thought that the poet laureate of 21st-century America would have been…Rockwell?

Take it away, chanteur of paranoia:

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NEXT: Will Barack Obama Join Woodrow Wilson in the Civil Liberties Hall of Shame?

Nick Gillespie is an editor at large at Reason and host of The Reason Interview With Nick Gillespie.

NSASurveillanceDystopia
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  1. fish   13 years ago

    Jeebus, who would have thought that the poet laureate of 21st-century America would have been...Rockwell?

    For just the briefest of instances I thought you were referring to "Lew".

    Oh yeah....FIrsty CHRISTFAG!

  2. Fist of Etiquette   13 years ago

    ...its exclusion of the protagonist from having any knowledge or participation in the process.

    I would like to know, other than the obvious politics, why the program needs such secrecy? Who is changing their communications habits because now they know they're being watched? The terrorists didn't assume that before? Certainly, most Americans didn't.

    And apparently the administration isn't going to stop just because now it's out there. Is the program going to be less effective now? Or is it going to be equally as effective against terrorism, which is hardly, and they know it. But they want that data on Americans because this government loves its databases.

    1. Paul.   13 years ago

      It should be written in the Constitution that all US Government Databases should be built with FoxPro.

      1. Tim   13 years ago

        All your databases are belong to us.

    2. Adam330   13 years ago

      If the Government has nothing to hide....

    3. CatoTheElder   13 years ago

      why the program needs such secrecy?

      Maybe because it is a clear violation of the 4th Amendment? Nah, it's a dead letter.

      Good question!

  3. Stephdumas   13 years ago

    More then pure Kafka, it's also like the movie Brazil or the universe depicted in the Fanco-Belgian comic book "S.O.S. Bonheur" or the tv series The Prisonner.

  4. Drake   13 years ago

    I have to admit, I didn't change the station when this song came on in the 80's. There was a lot worse and less prophetic shit back then.

    1. Paul.   13 years ago

      MTV actually gave it quite a bit of play.

  5. Let Me Ride   13 years ago

    I like that Rockwell apparently genked his hairstyle from the guy from Flock of Seagulls.

  6. IceTrey   13 years ago

    But the NSA isn't a law enforcement agency.

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