"the distinction here is active vs passive surveillance" I fully agree with the rest of your comment, but this part is a distinction without a difference, ulti

"the distinction here is active vs passive surveillance" I fully agree with the rest of your comment, but this part is a distinction without a difference, ultimately. With more and more complete passive surveillance, active surveillance will be less and less necessary. I think the best way forward is Brin's sousveillance idea: if there are no legal restrictions on recording anywhere, this at once evens the social/legal playing field, and prevents wasting increasing resources on stopping something which is increasingly difficult to stop.