Thursday, January 9, 2014

500 Years of History Shows that Mass Spying Is Always Aimed at Crushing Dissent

No matter which government conducts mass surveillance, they also do it to crush dissent, and then give a false rationale for why they’re doing it.

For example, the U.S. Supreme Court noted in its 1965 Stanford v. Texas opinion (footnotes omitted):
While the Fourth Amendment [of the U.S. Constitution] was most immediately the product of contemporary revulsion against a regime of writs of assistance, its roots go far deeper. Its adoption in the Constitution of this new Nation reflected the culmination in England a few years earlier of a struggle against oppression which had endured for centuries. The story of that struggle has been fully chronicled in the pages of this Court’s reports, and it would be a needless exercise in pedantry to review again the detailed history of the use of general warrants as instruments of oppression from the time of the Tudors, through the Star Chamber, the Long Parliament, the Restoration, and beyond. 
What is significant to note is that this history is largely a history of conflict between the Crown and the press. It was in enforcing the laws licensing the publication of literature and, later, in prosecutions for seditious libel, that general warrants were systematically used in the sixteenth, seventeenth, and eighteenth centuries. In Tudor England, officers of the Crown were given roving commissions to search where they pleased in order to suppress and destroy the literature of dissent, both Catholic and Puritan. In later years, warrants were sometimes more specific in content, but they typically authorized of all persons connected of the premises of all persons connected with the publication of a particular libel, or the arrest and seizure of all the papers of a named person thought to be connected with a libel.
By “libel”, the court is referring to a critique of the British government  which the King or his ministers didn’t like … they would label such criticism “libel” and then seize all of the author’s papers.

The Supreme Court provided interesting historical details in 1961 in the case of Marcus v. Search Warrant (footnotes omitted):

Read the entire article