Trust And Transparency In An Age Of Surveillance

Description

Investigating the theoretical and empirical relationships between transparency and trust in the context of surveillance, this volume argues that neither transparency nor trust provides a simple and self-evident path for mitigating the negative political and social consequences of state surveillance practices. Dominant in both the scholarly literature and public debate is the conviction that transparency can promote better-informed decisions, provide greater oversight, and restore trust damaged by the secrecy of surveillance. The contributions to this volume challenge this conventional wisdom by considering how relations of trust and policies of transparency are modulated by underlying power asymmetries, sociohistorical legacies, economic structures, and institutional constraints. They study trust and transparency as embedded in specific sociopolitical contexts to show how, under certain conditions, transparency can become a tool of social control that erodes trust, while mistrust—rather than trust—can sometimes offer the most promising approach to safeguarding rights and freedom in an age of surveillance. The first book addressing the interrelationship of trust, transparency, and surveillance practices, this volume will be of interest to scholars and students of surveillance studies as well as appeal to an interdisciplinary audience given the contributions from political science, sociology, philosophy, law, and civil society. Cover Half Title Series Information Title Page Copyright Page Table of Contents Contributors Acknowledgments Introduction Chapter 1 On the Relationship Between Trust, Transparency, and Surveillance Introduction Rethinking the Relationship Between Trust and Transparency The Contributions of this Volume Notes References Part I Rethinking Transparency’s Relationship to Power and Domination Chapter 2 The Limits of Transparency as a Tool for Regulating Surveillance: A Comparative Study of the United States, ... Introduction The Logics of Transparency: a Critical Reconsideration Transparency as an Inherent Normative Good Transparency as Information: a Condition for Democratic Decision-Making Transparency as Monitoring: a Condition for Democratic Accountability Transparency as a Condition for Trust Three Distorting Effects of Transparency The Transparency Trap: Legislative Reform of Surveillance in the United States, UK, and Germany The US Case: the USA Freedom Act (2015) The UK Case: the Investigatory Powers Act (2016) The German Case: the BND Reform Bill (2016) Conclusions Notes References Chapter 3 A Neo-Republican Critique of Transparency: The Chilling Effects of Publicizing Power Introduction Snowden’s “Denunciation,” Transparency Proposals, and Public Trust Surveillance and Freedom as Nondomination Arbitrariness and Chilling Effects Hierarchical Transparency Defending the “Demos,” Dominating the “Demoi” Horizontal Transparency Conclusion: Freedom, Self-Government, and the Eyeball Test Note References Chapter 4 The Dynamics of Imposed Transparency and Its Role in Deep Social Conflicts Introduction The Transparency Concept Two Types of Transparency The Dynamics of Imposed Transparency Imposed Transparency in the OPT Case Study A: the Dynamics Around Checkpoints in the West Bank First Move: Deploying the Checkpoints Second Move: Monitoring Checkpoints By Human Rights NGOs Third Move: New Hi-Tech Indoor Checkpoints Case Study B: the Dynamics Around Palestinian Human Rights NGOs First Move: Monitoring Human Rights Violations Second Move: Attack From the Right-Wing Third Move: Minimal Transparency Conclusion Notes References Chapter 5 Classifying and Dividing Labor: The Political Economy of Racializing Surveillance Introduction Race and the Exploitation, Expropriation, and Disposability of Labor Racializing Surveillance in the United States (Settler) Colonial Past and Present Neocolonial Racialization Through Welfare Surveillance Conclusion References Part II Transparency and Trust as Institutional Constraints and Critical Praxis Chapter 6 Secrecy Versus Transparency in the US National Security Surveillance State Introduction National Security Surveillance Pre-Snowden The Cold War Era The Post-9/11 Era National Security Surveillance Post-Snowden A Culture of Interbranch Secrecy? The Illusion of Transparency References Chapter 7 Secret Surveillance in Poland After Snowden: Between Secrecy and Transparency Introduction Legal Framework After 2013 Institutional and Systemic Challenges The Role of the Constitutional Tribunal Conclusion Notes References Chapter 8 Legal Safeguards and Oversight Innovations for Bulk Surveillance: An International Comparative Analysis Introduction Methods Building Blocks of the Good Practice Compendium Phase 1: Strategic Planning Phase 2: Application Process (“warrantry”) Phase 3: Authorization/approval Phase 4: Collection and Filtering Collection Filtering Phase 5: Data Processing Data Storage Data Maintenance Data Sharing Data Deletion Phase 6: Analysis Phase 7: Review and Evaluation Phase 8: Reporting Conclusion Notes References Chapter 9 Transparency and Surveillance of End Users On Social Media Platforms: A View of Structural Economic Factors Introduction On the Relationship Between Transparency and Surveillance Economic Underpinnings of Surveillance and Transparency On Social Media Platforms Concentration in Markets for Social Media and Its Implications for Mass Surveillance A Multisided Market Strategy and Its Implications for Mass Surveillance Strategy Toward End Users Strategy Toward Developers Strategy Toward Advertising Clients Conclusion: (Asymmetric) Transparency and Surveillance On Social Media Platforms Notes References Part III Sources of Trust and Virtues of Mistrust in an Age of Surveillance Chapter 10 Trust and Surveillance: An Odd Couple Or a Perfect Pair? Introduction The Relationship Between Trust and Surveillance The Emergence of Trust The Institutionalist Take On Trust and Surveillance Attitudes A Sociocultural Perspective On Trust and Surveillance Conclusion References Chapter 11 Trustworthy Humans and Machines: Vulnerable Trustors and the Need for Trustee Competence, Integrity, ... Introduction: Trust and Digital Mediation Trust as Control: the Rationalistic Instrumental Paradigm Trust as Care: On the Trustor’s Vulnerability and the Trustee’s Benevolence The Caring One (Trustee) and the Vulnerable Other (Trustor) From Credible Machines to Dependable Systems: Drawing a Distinction Between Dependability and Trustworthiness Trustworthy Trustees Writing Information Security and Privacy Policies On the Authenticity of Trustworthy Trustees: Authentication and Authorization Mechanisms to Extend the Roots of Trust Conclusion Acknowledgments Notes References Chapter 12 Why a Militantly Democratic Lack of Trust in State Surveillance Can Enable Better and More Democratic Security Introduction On the Relation of Trust and Transparency to Oversight of Surveillance A Constructive Lack of Trust and a Militantly Democratic Approach Within Civil Society Oversight of Surveillance Policies and Practices in Times of Authoritarian Drift Germany: Oversight of Intelligence and Law Enforcement Agencies Oversight of Surveillance Technologies Outsourcing United States: Oversight of Governmental Agencies and Outsourcing of Surveillance and Intelligence Technologies and Services Some Lessons for and From Militant Democracy Conclusions and Recommendations References Outlook Chapter 13 Surveillance, Transparency, and Trust: Critical Challenges From the COVID-19 Pandemic Introduction Pandemic Surveillance: Transparency and Trust Understanding Trust and Transparency Sociologically What Conditions Are Required for Human Flourishing? Mobilizing Publics, From Grassroots to Global References Index