Feudal societies instilled the lesson of the monarch’s supreme authority through public displays of brutality and force. Public executions made a vivid impression of the kinds of horrors one would face if he or she dared to challenge the monarch’s rule. Torture inscribed that lesson on the subject’s very body.
With Modernity, according to French philosopher Michel Foucault, came a growing realization that state bureaucracies could efficiently neutralize challenges to their authority by making citizens the subjects of passive scrutiny and surveillance, rather than the targets of physical coercion. Some prisons, for example, adopted a design called the “panopticon” in which the configuration of cell blocks, dividing walls, and windows made each and every inmate fully visible to a single guard stationed in the center of the facility. No corner of the inmate’s cell remained hidden from view.
The ingenious feature of the panopticon was that, while guards could easily inspect the activities of inmates, the angles of view prevented inmates from seeing their custodians. (In today’s facility, mirrored windows accomplish this effect.) Even if no one was manning the guard station, inmates had to assume they were under constant close scrutiny. Under such conditions, inmates learned to police their own impulses to try to escape or otherwise stir up trouble. With little investment of resources, the prison tacitly drew the inmate into a state of tractability (or so the theory goes).
The panopticon holds a subtle, but extremely important lesson for people who think critically about the transformations in our politico-legal system since 9/11. The USA Patriot Act and related initiatives pose a very real threat that law-abiding citizens will be investigated as “terrorists” because they express critical views of the government.
More insidious yet is the implicit effect that these laws have by infusing our everyday lives with the threat of surveillance. Even if that threat is never actualized—the police never come to our door–we live with a growing misgiving that the websites we visit, the books we buy, and the travel arrangements we make might mark us as people worthy of suspicion.
The problem is not just surveillance, but secret surveillance. We don’t know if our actions are being monitored, but we’re forced to assume that they are because recent changes in law and technology have increased our exposure in so many, largely unknown, ways. With panopticon-like subtlety, we are persuaded to police our own thoughts and expression. We become co-conspirators in our own subjugation.
Secret surveillance is the foremost threat to the culture of freedom in America. The ACLU of New Mexico invites New Mexicans to learn more about this critical topic and to take part in a state-wide campaign to assert greater control over the dissemination of our personal information. Join us in Santa Fe on August 21st to learn from local and national experts about the perils surrounding “Data Mining, Privacy, and Surveillance in New Mexico.”
- Peter Simonson
Executive Director’s Notes 7/04