By Doug Hornig, Casey Research
Lovers of liberty have seemingly had a good bit to celebrate recently.
First, there was an unprecedented outpouring of negative public sentiment about the Congressional bills SOPA (House) and PIPA (Senate); they are legislation that would have thrown a large governmental monkey wrench into the relatively smooth-running cogs of the Internet. Millions of Americans signed online petitions against the bills after seeing websites’ various protests. Google shrouded its search page in black; Wikipedia and Reddit went dark entirely (although Wikipedia could be accessed if one read the information available via clicking the sole link on its protest page); Facebook and Twitter urged users to contact their representatives; and many other core Internet businesses also raised their voices in opposition.
Such was the outpouring of dissent that even Washington, D.C. had to listen. The bills, which a week earlier had seem assured of swift passage, suddenly turned to poison. Supporters, forced to concede that the public really was pissed off this time, fled. Leadership in both houses tabled the legislation, pending further review and revision.
But before we get too self-congratulatory, however, it’s wise to note that this victory dish is probably best enjoyed with a serving of caution. As Casey Extraordinary Technology editor Alex Daley summed up the situation for us here at Casey Research: “Be sure this will come back again, likely post-election, and snuck through as part of a bigger package. It arrests power from the judiciary, and the legislature likes nothing more than to thumb its nose at those ridiculous judges and all their due process this and Constitution that. It will eventually pass, just not like this.” We can’t now go to sleep on this one.
Second, the Supreme Court recently ruled 9-0 that police may not attach a GPS tracking device to a suspect’s car without a search warrant. This is a landmark decision to be sure, but one that was carefully circumscribed by the justices. The placing of the device constituted a physical intrusion on the suspect, they wrote, and thus was impermissible. Left unruled upon was the larger question of tracking someone’s movements when there was no physical violation, as would be the case when, say, police access signals from a GPS-enabled smartphone. Though it wasn’t directly addressed, the concurring opinions strongly suggest that the justices might be more sharply divided on that issue.
A lapse of vigilance in these matters would be a mistake.
This is probably a good time to review how individual freedom fared over the past year vis à vis the technology of surveillance in general.
But before I do, I need to make a couple of things clear.
Where We Stand
We are not technophobes at Casey Research. We don’t think that it would be a good thing to retreat to the woods and live out our days spearing game and cooking it over fires. Quite the contrary. We’re technophiles who appreciate what tech has done to improve human living conditions, and we believe that it holds the key to the solution of many, if not all, of our present problems. We like to err on the side of hope.
In addition, we understand that society has a powerful interest in maintaining a certain level of order. It’s intolerable that personal disputes should be settled by gun battles in the streets or that serious infringements on the rights of others – whether it be physical crimes such as robbery, rape, or murder, or non-physical ones like fraud – should be ignored. The most ardent libertarian would generally agree that a government ought to have the authority to prevent or punish the aggression of one individual upon another and to enforce contracts freely entered into. Thus tradeoffs with our basic right to do as we see fit must be made if man’s worst impulses are to be deterred.
That said, the tricky part is deciding where to draw the line between reasonable and overzealous laws and enforcements. Surveillance technology is at the center of this debate. It’s good and getting ever better. Even the most law-abiding of citizens have been subjected to steadily increasing levels of governmental – as well as private sector – watchfulness over their daily lives. That has occurred with no indication that the public is yet prepared to say, “Enough. This is where we draw that line in the sand.”
The past year was no exception. I won’t go into developments I’ve already written about, such as the growth of the TSA’s VIPR operations, last summer’s lemonade-stand busts, the ghastly E-Verify proposal , and the Fed’s Social Listening Program. But the sad truth is that there are plenty more from which to choose. Space considerations permit a close examination of only a few.
It’s a Bird, It’s a Plane, It’s…
… a drone.
Remote-controlled drone aircraft, like the famed Predator, have become a staple of the nightly news. We see them launching missiles against terrorists, conducting spy missions over Pakistan, patrolling the borders looking for drug smugglers and alien infiltrators. Now we’re going to have to get used to seeing them in the skies over, well, all of us.
Yes, those same Predator drones are being used increasingly by local law enforcement in the US.
That was unknown to most Americans before late last year, when the great North Dakota cattle-rustling incident hit the press. It seems that back in June, six neighbors’ cows had the misfortune to wander onto a 3,000-acre farm in eastern North Dakota owned by the Brossart family, whose members allegedly belong to the Sovereign Citizen Movement, an anti-government group that the FBI considers extremist and violent.
When the sheriff attempted to reclaim the cows, the family refused to give them up, ordering him off its property at gunpoint. A 16-hour standoff ensued, with the sheriff requesting the usual reinforcements: state highway patrol, a regional SWAT team, a bomb squad, and deputy sheriffs from three other counties. But he also called nearby Grand Forks Air Force Base and asked for help from a $154 million MQ-9 Predator B drone, normally used to secure the Canadian border for the Department of Homeland Security (DHS).
Long story short, the drone silently surveilled the farm from two miles up, relaying information from its sophisticated sensors as to what the Brossarts were doing. When the surveillance showed that the family members had put their weapons down (yes, it can see that well at that distance), the authorities moved in, neutralizing the Brossarts and making the first known, drone-assisted arrests of US citizens.
Law enforcement was pleased, perhaps rightly so. No blood was spilled. Another Ruby Ridge was avoided. The cows – street value $6,000, but now rather a bit more costly – were recovered.
But that was just the beginning. Local North Dakota police say they have used the Grand Forks Predators to fly at least two dozen surveillance flights since June. The FBI and Drug Enforcement Administration have also used Predators for domestic investigations, officials admit. And Michael Kostelnik, a retired Air Force general who heads the office that supervises the drones, says that Predators are flown “in many areas around the country, not only for federal operators, but also for state and local law enforcement and emergency responders in times of crisis.” [emphasis mine]
Who knew?
