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When Privacy Jumped The Shark

Note to Edward Snowden and his worrywarts in the press: Spying is only spying when the subject doesn’t want to be watched.

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Here’s one dirty little secret about the revelations of domestic spying at the National Security Agency: Had Edward Snowden not embarked on a madcap escape that mashed up plot elements from Catch Me If You Can, The Fugitive, the O.J. Bronco chase, and “Where in the World Is Matt Lauer?,” the story would be over. The leaker’s flight path, with the Feds and the press in farcical flat-footed pursuit, captured far more of the public’s attention than the ­substance of his leaks. That’s not his fault. The public was not much interested in the leaks in the first place. It was already moving on to Paula Deen.

At first blush, the NSA story seemed like a bigger deal. The early June scoops in the Guardian and the Washington Post were hailed universally as “bombshells” and “blockbusters” by the networks. America’s right and left flanks were unified in hyperventilating about their significance: Rand Paul and The Nation, Glenn Beck and Michael Moore, Rush Limbaugh and the Times editorial page all agreed that President Obama had presided over an extra­ordinary abuse of executive power. But even as Daniel Ellsberg hailed the second coming of the Pentagon Papers, the public was not marching behind him or anyone else. The NSA scandal didn’t even burn bright enough to earn the distinction of a “-gate” suffix. Though Americans were being told in no uncertain terms that their government was spying on them, it quickly became evident that, for all the tumult in the media-political Establishment, many just didn’t give a damn.

Only 36 percent of the country felt that government snooping had “gone too far,” according to CBS News. A Pew–Washington Post survey found that 62 percent (including 69 percent of Democrats) deemed fighting terrorism a higher priority than protecting privacy. Most telling was a National Journal survey conducted days before the NSA stories broke: Some 85 percent of Americans assumed that their “communications history, like phone calls, e-mails, and Internet use,” was “available for businesses, government, individuals, and other groups to access” without their consent. No wonder the bombshell landed with a thud, rather than as a shock. What was the news except that a 29-year-old high-school dropout was making monkeys of the authorities with a bravado to rival Clyde Barrow?

An ACLU official argued that the so-what poll numbers were misleading: “If terrorism was left out, it would change the polling results dramatically.” In other words, blame the public’s passivity on the post-9/11 cultural signposts of 24 and Homeland, which have inured Americans to a bipartisan Patriot Act regimen in which a ticking terrorist time bomb always trumps the Constitution. Obama, a Homeland fan himself, hit the point hard to deflect criticism. “You can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience,” he said when alluding to the terrorist plots NSA spying had disrupted. “We’re going to have to make some choices as a society.”

The virtue of this rationale is that it casts not just the domestic eavesdroppers in a patriotic light but also the citizenry that valiantly sacrifices its Fourth Amendment rights to the greater good of stopping the evildoers. But that’s letting everyone off easy and is hardly the whole story of the choices Americans have made “as a society”—and that were made before Obama or, for that matter, George W. Bush took office. Many of those choices predate 9/11 and have nothing to do with fighting terrorism at all.

The truth is that privacy jumped the shark in America long ago. Many of us not only don’t care about having our privacy invaded but surrender more and more of our personal data, family secrets, and intimate yearnings with open eyes and full hearts to anyone who asks and many who don’t, from the servers of Fortune 500 corporations to the casting directors of reality-television shows to our 1.1 billion potential friends on Facebook. Indeed, there’s a considerable constituency in this country—always present and now arguably larger than ever—that’s begging for its privacy to be invaded and, God willing, to be exposed in every gory detail before the largest audience possible. We don’t like the government to be watching as well—many Americans don’t like government, period—but most of us are willing to give such surveillance a pass rather than forsake the pleasures and rewards of self-exposure, convenience, and consumerism.

R.I.P. the contemplative America of ­Thoreau and of Melville’s Bartleby the Scrivener, who “would prefer not to”; this is the America that prefers to be out there, prizing networking, exhibitionism, and fame more than privacy, introspection, and solitude. And while it would be uplifting to believe that Americans are willing to sacrifice privacy for the sole good of foiling Al Qaeda, that’s hardly the case. Other motives include such quotidian imperatives as ­shopping, hooking up, seeking instant entertainment and information, and finding the fastest car route—not to mention being liked (or at least “liked”) and followed by as many friends (or “friends”) and strangers as possible, whether online or on basic cable. In a society where economic advancement is stagnant for all but those at the top, a public profile is the one democratic currency most everyone can still afford and aspire to—an indicator of status, not something to be embarrassed about. According to the Pew-Post poll, a majority of Americans under 50 paid little attention to the NSA story at all, perhaps because they found the very notion of fearing a privacy breach anachronistic. After the news of the agency’s PRISM program broke, National Donut Day received more American Google searches than PRISM. There has been no wholesale (or piecemeal) exodus of Americans from Google, Facebook, Microsoft, Apple, Skype, or any of the other information-vacuuming enterprises reported to have, in some murky fashion, siphoned data—meta, big, or otherwise—to the NSA. Wall Street is betting this will hold. A blogger on the investment website Motley Fool noticed that on the day PRISM was unmasked, share prices for all the implicated corporate participants went up.


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