In the recent years the extent to which government
surveillance can be accepted has become a contentious issue among the wider
public all around the globe. Under the current disorder of criminal activities,
many governments around the world have introduced surveillance on their
citizens by means of monitoring people’s behavior through the use of
CCTV cameras, postal interception, interception of internet traffic and phone
calls. Governments around the world contend that the powers of their
intelligence agencies needs to be more beefed up in order to adequately protect
their populations from new global threats like “terrorism”.
On the other hand ordinary citizens and several
non-governmental organisations argue that mass surveillance is a breach of many
fundamental rights of an individual and society as a whole. In this brief i
will aim to provide theoretical supported arguments stating that mass
government surveillance is in fact not needed to combat new phenomena crimes
such as terrorism and cyber-crime.
Many
scholars argue that government surveillance surely violates privacy. Privacy is
a fundamental right that each individual is entitled to as enshrined in the UN
Declaration of Human Rights. This right is also recognized under the
International Convent of Civil Rights as very decisive and maintains that every
individual has the right to privacy. The right to privacy enables and awards
human dignity that is of essence in a world where every individual lives their
own lives on individual basis.
Solove (2011) observes that when the government is
carrying out surveillance that is unwarranted on its citizens, then their civil
right is breached. It is against the civil right for any country to practice
surveillance, or any interception in its citizen’s privacy without a warrant
from relevant institutions like the judiciary (Monahan, 2006).
Whitaker (1999) observes that almost every country
in the planet recognizes the right to privacy, where it is well expressed in
their constitutions that govern their borders. Legal and constitutional
conditions of the right to privacy are well explained, but various governments
have overlooked these provisions and sort to do surveillance in the ignorance
of this right.
In
his study, Raul (2002) found out that the national security agency of the
United States has been accused by people for overstepping their mandate in
surveillance. They are accused of using GPS tracking to track people’s communication
and their exact location without sanction or endorsements from relevant
authorities.
In addition, it is arguable that government surveillance
breaches the sovereignty of other states. Monahan (2006) observes that under
the United Nations international laws on sovereignty, no other nation has the
right to practice political authority over another state. It is, therefore, an intrusion
of other countries sovereignty to intercept their data information, or to carry
out any work of espionage under any sort of surveillance.
According
to Mills and Oxford University Press (2008), this has been cited as abuse of
domestic surveillance especially, with the introduction of drones in
surveillance. The unmanned aerial vehicles better known as
drones has put sovereignty on the front-line where drones are sent to spy on
foreign lands without express permission from the local government.
As we are all aware that the United States have so
many military basis scattered all over the globe, deploying their soldiers and assigning
them to many missions. However, there have been cases of accusations where
drones sent from the US military base in international missions have crossed
other countries air space thereby violating their sovereignty (Wagner, 1999).
Yenne (2004) found out that America is not alone in
this list of blame, but also there are other nations which include Israel and
Britain, and other major nations. Israel has been blamed on spying on Syria and
Lebanon, a violation of their sovereignty. Israeli drones have been reported to
have been seen hovering in the airspace of Lebanon on surveillance missions.
Afghanistan and Pakistan have also been complaining on international platforms
following Britain’s drones spying on their land (Foley, 2006).
There are numerous examples that show that
governments around the world are increasing spying on their own citizens and
other states. One such example is the new legislation passed in New Zealand
giving the Government Communications Security Bureau (GCSB) more spying
powers. The introduction of the bill provided the GCSB with more powers to spy
on private lives of its citizens without going against the law. This bill has
been opposed by various professionals citing that there is no alarm that should
cause the government feel threatened as to introduce this bill (Tech Liberty
New Zealand, 2013).
According to Tech Liberty New Zealand (2013), GCSB
was given the mandate by this new bill to spy on private communications, where
Gavin Miller a law scholar reiterates that is an attempt by the government to
erode the right of privacy that the inhabitants of New Zealand should enjoy. He
observes that there is no proper justification for the agency to be awarded
such powers. The New Zealand Prime Minister stated this bill was essential to
provide adequate protection to New Zealanders as there have been New Zealand citizens
who were trained by Al-Qaeda in Yemen (Trevett, 2013).
Wikileaks is also another example that highlights
the extent of government spying. It is a media organization that publishes in
the internet secret information from various governments and organizations. The
organization was founded by Julian Asange, an internet activist from Australia.
Their website has released quite a number of classified information that has
hit headlines around the world (Salad, 2013). Their main goal is to bring world
information to the knowledge of the people in a truthful manner, without hiding
anything from them. Their website reiterates that their goal is to present the
original truth of information without hiding important revelations.
The wider public must be aware that objectively
when any form of unwarranted surveillance is carried out, it automatically
violates the privacy of any individual. Furthermore it is confirmed that
government surveillance is a breach of civil and human rights as well as the
notion of a state’s sovereignty. This brief has also discussed examples of
government spying such as the GCSB and the revelations in Wiki leaks.
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