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What's unprecedented to an even greater degree is the scale at which mundane communications are now recorded. In the past, the bulk of private communications we
by pash 11y ago
What's unprecedented to an even greater degree is the scale at which mundane communications are now recorded. In the past, the bulk of private communications were opaque to the government, even with a warrant, because people exchanged private information mostly verbally, face to face.
Today many analogous conversations take place online, in instant messages, in email, and in other persistent media. Even when the content of a communication isn't recorded as an artifact of its medium of expression and transmission, there's almost always a record left behind to indicate that the communication took place, revealing associations and hinting at what was said.
So by emphasizing the legal history of searches of "long-distance communications", you've moved the goalposts by a mile. Changes in the way we communicate with one another, reflecting changes in communications technology (and changes in society), mean that governmental powers in searches and surveillance, powers which formerly applied only to relatively rare forms of communication, now apply very broadly. At the same time the government's cost of performing such searches and surveillance has plummeted, multiplying the power of police and spies to monitor our words and use them against us.
It's an unprecedented state of affairs, indeed.
- rayiner 11y agoIt's possible for both phenomena to be unprecedented.
- wwweston 11y agoAnd that they're feeding each other. And maybe in such a way that creates the worst of both worlds. The sufficiently informed and conscientious covert actor can find some way to keep much of their communications obscured. This utterly freaks out state apparatuses that consider legibility a key goal. So they work harder to more broadly collect signals AND chip away at obscuring methods. Would-be coverts escalate. So does the state. End result? It could well be that the motivated/educated still can keep enough of their secrets hidden, but communications for the mass of people who don't have the reasons/resources for participating in the arms race end up largely transparent. And, well, if the resulting panopticon falls short of realizing its original purpose, it's still bound to have a certain amount of utility one way or another -- at least, not without a high degree of accountability.