> The entire US constitution is built on the premise that people have rights.
As much as I'm near-absolutist on civil liberties, I think it's also valuable to recognize that the intrinsic good of individual rights are only one part of the story; the other is the balance of power between government and the governed.
I recently heard Sam Harris opine that from a utilitarian perspective, an absolutist right to privacy pales in comparison to allowing harm to come to children, and so the tech community needs to flex a little on the privacy question, and meet law enforcement halfway. Through that reductionist lens, it's hard to find fault in the argument.
The problem isn't limited to privacy, though. Unbreakable digital locks exist, and they aren't going anywhere. [0] And there is power in the ability to keep secrets. You can bet the Feds have little interest in a Panopticon, where they too are obstructed from keeping digital secrets, as "meeting us halfway" for some greater good. Rather, they want to hoard that asymmetric power as their exclusive purview. No matter how well-intentioned, that asymmetry of raw power is something We The People have a vested interest in taking seriously, far beyond some abstract notion of "I want to Google ${CONSENTING_ADULT_SEXUAL_ACTIVITY} without worrying the neighbors will find out".
I don't know about US but in EU electronic passports and electronic IDs are becoming mandatory. So all people will have an RFID device with them all the time. And let's not forget the mobile phones which can be localized with high accuracy even without GPS, usually because the device can be seen by more than 3 base stations at a time.
The Chinese made mass surveillance even simpler: they have lots of cameras and face detection.
Just because it's possible to use something as a source of information, it doesn't mean it is used as part of a massive dragnet. Yes, it's possible to track phones, but most countries don't have a dragnet implemented based on this information, as far as I'm aware. It's not a lost battle and we still need to push back to ensure it is not.
There is never any logical reason to suppose that the right solution lies in between 2 extremes. If the question is the answer to 2 + 2 the answer isn't halfway between 0 and 9000.
Secondly when a party consistently pushes for an extreme position if you meet them halfway as a matter of policy you will shortly find yourself within spitting distance. The only productive position is extreme obstinacy.
> I recently heard Sam Harris opine that from a utilitarian perspective, an absolutist right to privacy pales in comparison to allowing harm to come to children, and so the tech community needs to flex a little on the privacy question, and meet law enforcement halfway. Through that reductionist lens, it's hard to find fault in the argument.
I'd say it's pretty easy. For utilitarianism to make sense, it has to take the future into account. And what looks like an absolutist right to privacy might be a utilitarian argument of the type that if you grant a monopoly of power (private or public) the right to make use of your private information, then it could well use that private information against you later.
An integral utilitarian might then say "it's worth some harm to children today to ensure there won't be great harm tomorrow". That kind of being able to trade off different scenarios of harm without regard to absolute principle is pretty much what characterizes (act) utilitarianism.
As much as I'm near-absolutist on civil liberties, I think it's also valuable to recognize that the intrinsic good of individual rights are only one part of the story; the other is the balance of power between government and the governed.
I recently heard Sam Harris opine that from a utilitarian perspective, an absolutist right to privacy pales in comparison to allowing harm to come to children, and so the tech community needs to flex a little on the privacy question, and meet law enforcement halfway. Through that reductionist lens, it's hard to find fault in the argument.
The problem isn't limited to privacy, though. Unbreakable digital locks exist, and they aren't going anywhere. [0] And there is power in the ability to keep secrets. You can bet the Feds have little interest in a Panopticon, where they too are obstructed from keeping digital secrets, as "meeting us halfway" for some greater good. Rather, they want to hoard that asymmetric power as their exclusive purview. No matter how well-intentioned, that asymmetry of raw power is something We The People have a vested interest in taking seriously, far beyond some abstract notion of "I want to Google ${CONSENTING_ADULT_SEXUAL_ACTIVITY} without worrying the neighbors will find out".
[0] https://www.youtube.com/watch?v=VPBH1eW28mo