From Micro to Macro: PSST in International Relations
Advances
in information and communications technology over the past two decades have
contributed to a tension in many societies between expectations of privacy,
security, transparency and accountability. We see this demonstrated clearly at
an individual or societal level. At the same time as we object to the
intelligence community’s access to our personal data, the parents of three
young British girls who
absconded to Syria protest that Scotland Yard should have picked up on
Twitter messages that could have alerted them to their children’s plans. We are
conflicted about our expectations of privacy and security, about appropriate
behaviour for a range of social, political and security actors and about how to
balance the opportunities presented by ‘big
data’ with the potential pitfalls.
This
societal tension is reflected in international relations where we have seen
some real struggles to apply existing international law and also to reassess
norms of state behaviour in this regard. Debates about appropriate levels of
state surveillance of civil society as well as political actors have arisen in
several contexts recently. The Arab Spring uprisings that made such effective
use of social networking media also revealed the extent to which authoritarian
regimes used surveillance technology (often provided by Western firms) to
track the movements of protesters, identify them and collect data for
subsequent prosecutions. This ‘dual-use’ technology leads to questions about
export bans and qualitative judgements about which governments should have
access to these tools and which should not. And who should make those
decisions.
Of
course, these debates are not limited to authoritarian states. Both Wikileaks
and the Snowden leaks raised questions about the relationship between the state
and civil society in the West which speak to the themes of
sur/sous/veillance. Wikileaks
prompted debate about foreign policy transparency and state accountability.
Julian Assange encouraged us to consider a world in which foreign policy was constructed
and practiced without secrecy. He challenged the long held assumption that
diplomacy is most effective when conducted in some degree of privacy and he
opened space for considerations of how more transparency might transform
international relations.
The Snowden revelations
have suggested that oversight of the intelligence community has been lacking
through the recent technological transition. While we may wish law enforcement
and intelligence agencies to be able to make full use of data to protect us,
there remains a strong expectation that these powers will not be abused and it
is clear that we do not yet have mechanisms in place to ensure that. Loopholes
that have facilitated states spying on their own citizens contravene legal and
normative frameworks and threaten to undermine trust in the state. However, in
a context of globalisation and post-Cold War conflict, the distinction between
domestic and international becomes somewhat less distinct.
All of
this has to be considered within the context of the role of the private sector
– the receptacle of most of our personal data that ends up online. The
unrestrained and ungoverned collection
of data by private corporations which is then commodified and distributed
for profit is at the heart of these tensions of privacy, security, transparency
and accountability. While much of the focus of these discussions is on state
actors (as it should be) much less attention is paid to private actors which
operate without transparency and with accountability to their shareholders
only. Private sector led mechanisms like the Global Network Initiative,
established to provide guidance to online data services facing requests from
governments seemed to have been entirely ineffectual in the West. Concerns
about geo-location services, excessively liberal terms and conditions, and an
almost complete lack of access to information about how our data is repurposed
seems to be consistently ignored in favour of ‘free’ applications and services
and ultimately, profits. Essentially, if the law enforcement and intelligence
communities require more oversight, certainly one could argue that the private
sector does as well.
All of
these questions can and should be considered within the context of the recently
adopted UN
Resolution on the Right to Privacy in the Digital Age. This Resolution
provides a framework for the way that norms in international relations are
developing to accommodate and adapt to the rapid increase in personal data
available online and the challenges this poses to our expectations of privacy,
security, sur/sous/veillance and trust.
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