Axis of Evil?

Privacy International and Electronic Privacy Information Center have named the U.S., U.K., China, and Russia as the four worst "endemic surveillance societies."

Here is what the report had to say about China:

• Limited rights under constitution under articles 37, 38, 39
• Chinese government acknowledges that it has room for improvement in applying laws fairly and systematically
• Stricter controls are being exerted on press, internet, academics, lawyers and NGO's
• Extensive surveillance schemes implemented in anticipation of the 2008 Olympics
• Increased expectation of privacy amongst citizens has led to academics calling openly for stronger privacy laws
• Some privacy laws
• Search and interception does require warrants but they are authorised by officials and prosecutors
• Increased legal activity and suits in the area of medical privacy
• In 2006 China's central bank developed a database that links up information on consumer credit; and private sector initiatives are emerging that advertise access to 90 million incomes, marital status and sensitive information for 12 cents per request
  

Here is what it had to say about the United States:

• No right to privacy in constitution, though search and seizure protections exist in 4th Amendment; case law on government searches has considered new technology
• No comprehensive privacy law, many sectoral laws; though tort of privacy
• FTC continues to give inadequate attention to privacy issues, though issued self-regulating privacy guidelines on advertising in 2007
• State-level data breach legislation has proven to be useful in identifying faults in security
  REAL-ID and biometric identification programs continue to spread without adequate oversight, research, and funding structures
• Extensive data-sharing programs across federal government and with private sector
• Spreading use of CCTV
• Congress approved presidential program of spying on foreign communications over U.S. networks, e.g. Gmail, Hotmail, etc.; and now considering immunity for telephone companies, while government claims secrecy, thus barring any legal action
• No data retention law as yet, but equally no data protection law
• World leading in border surveillance, mandating trans-border data flows
• Weak protections of financial and medical privacy; plans spread for 'rings of steel' around cities to monitor movements of individuals
• Democratic safeguards tend to be strong but new Congress and political dynamics show that immigration and terrorism continue to leave politicians scared and without principle
• Lack of action on data breach legislation on the federal level while REAL-ID is still compelled upon states has shown that states can make informed decisions
• Recent news regarding FBI biometric database raises particular concerns as this could lead to the largest database of biometrics around the world that is not protected by strong privacy law

Notice anything odd? One would think that the U.S. afforded far fewer privacy protections to its citizens than China! No serious person could make that argument. And the report is completely silent on whole swaths of the planet where public policing of moral behavior is the norm and people are regularly put to death for their “crimes” in the bedroom. As someone who takes privacy and personal liberty pretty seriously, I found Privacy International’s report to be more than a little frustrating. Every time privacy advocates verge from objective advocacy into meaningless bashing of Western institutions, the genuine cause of privacy is set back and the thoughtful balancing of the worlds privacy and security concerns is made that much more difficult.