I’d scroll through the news, then nap, then scroll again, then nap—while protesters in Tunisia, Libya, Egypt, Yemen, Algeria, Morocco, Iraq, Lebanon, and Syria were being imprisoned and tortured or just shot in the streets by the secret state agents of thuggish regimes, many of which America had helped keep in power. The suffering of that season was immense, spiraling out of the regular news cycle. What I was witnessing was desperation, compared with which my own struggles seemed cheap. They seemed small—morally and ethically small—and privileged.
Throughout the Middle East, innocent civilians were living under the constant threat of violence, with work and school suspended, no electricity, no sewage. In many regions, they didn’t have access to even the most rudimentary medical care. But if at any moment I doubted that my anxieties about surveillance and privacy were relevant, or even appropriate, in the face of such immediate danger and privation, I only had to pay a bit more attention to the crowds on the street and the proclamations they were making—in Cairo and Sanaa, in Beirut and Damascus, in Ahvaz, Khuzestan, and in every other city of the Arab Spring and Iranian Green Movement. The crowds were calling for an end to oppression, censorship, and precarity. They were declaring that in a truly just society the people were not answerable to the government, the government was answerable to the people. Although each crowd in each city, even on each day, seemed to have its own specific motivation and its own specific goals, they all had one thing in common: a rejection of authoritarianism, a recommitment to the humanitarian principle that an individual’s rights are inborn and inalienable.
In an authoritarian state, rights derive from the state and are granted to the people. In a free state, rights derive from the people and are granted to the state. In the former, people are subjects, who are only allowed to own property, pursue an education, work, pray, and speak because their government permits them to. In the latter, people are citizens, who agree to be governed in a covenant of consent that must be periodically renewed and is constitutionally revocable. It’s this clash, between the authoritarian and the liberal democratic, that I believe to be the major ideological conflict of my time—not some concocted, prejudiced notion of an East-West divide, or of a resurrected crusade against Christendom or Islam.
Authoritarian states are typically not governments of laws, but governments of leaders, who demand loyalty from their subjects and are hostile to dissent. Liberal-democratic states, by contrast, make no or few such demands, but depend almost solely on each citizen voluntarily assuming the responsibility of protecting the freedoms of everyone else around them, regardless of their race, ethnicity, creed, ability, sexuality, or gender. Any collective guarantee, predicated not on blood but on assent, will wind up favoring egalitarianism—and though democracy has often fallen far short of its ideal, I still believe it to be the one form of governance that most fully enables people of different backgrounds to live together, equal before the law.
This equality consists not only of rights but also of freedoms. In fact, many of the rights most cherished by citizens of democracies aren’t even provided for in law except by implication. They exist in that open-ended empty space created through the restriction of government power. For example, Americans only have a “right” to free speech because the government is forbidden from making any law restricting that freedom, and a “right” to a free press because the government is forbidden from making any law to abridge it. They only have a “right” to worship freely because the government is forbidden from making any law respecting an establishment of religion, and a “right” to peaceably assemble and protest because the government is forbidden from making any law that says they can’t.
In contemporary life, we have a single concept that encompasses all this negative or potential space that’s off-limits to the government. That concept is “privacy.” It is an empty zone that lies beyond the reach of the state, a void into which the law is only permitted to venture with a warrant—and not a warrant “for everybody,” such as the one the US government has arrogated to itself in pursuit of mass surveillance, but a warrant for a specific person or purpose supported by a specific probable cause.
The word “privacy” itself is somewhat empty, because it is essentially indefinable, or over-definable. Each of us has our own idea of what it is. “Privacy” means something to everyone. There is no one to whom it means nothing.
It’s because of this lack of common definition that citizens of pluralistic, technologically sophisticated democracies feel that they have to justify their desire for privacy and frame it as a right. But citizens of democracies don’t have to justify that desire—the state, instead, must justify its violation. To refuse to claim your privacy is actually to cede it, either to a state trespassing its constitutional restraints or to a “private” business.
There is, simply, no way to ignore privacy. Because a citizenry’s freedoms are interdependent, to surrender your own privacy is really to surrender everyone’s. You might choose to give it up out of convenience, or under the popular pretext that privacy is only required by those who have something to hide. But saying that you don’t need or want privacy because you have nothing to hide is to assume that no one should have, or could have, to hide anything—including their immigration status, unemployment history, financial history, and health records. You’re assuming that no one, including yourself, might object to revealing to anyone information about their religious beliefs, political affiliations, and sexual activities, as casually as some choose to reveal their movie and music tastes and reading preferences.
Ultimately, saying that you don’t care about privacy because you have nothing to hide is no different from saying you don’t care about freedom of speech because you have nothing to say. Or that you don’t care about freedom of the press because you don’t like to read. Or that you don’t care about freedom of religion because you don’t believe in God. Or that you don’t care about the freedom to peaceably assemble because you’re a lazy, antisocial agoraphobe. Just because this or that freedom might not have meaning to you today doesn’t mean that it doesn’t or won’t have meaning tomorrow, to you, or to your neighbor—or to the crowds of principled dissidents I was following on my phone who were protesting halfway across the planet, hoping to gain just a fraction of the freedoms that my country was busily dismantling.
I wanted to help, but I didn’t know how. I’d had enough of feeling helpless, of being just an asshole in flannel lying around on a shabby couch eating Cool Ranch Doritos and drinking Diet Coke while the world went up in flames.
The young people of the Middle East were agitating for higher wages, lower prices, and better pensions, but I couldn’t give them any of that, and no one could give them a better shot at self-governance than the one they were taking themselves. They were, however, also agitating for a freer Internet. They were decrying Iran’s Ayatollah Khamenei, who had been increasingly censoring and blocking threatening Web content, tracking and hacking traffic to offending platforms and services, and shutting down certain foreign ISPs entirely. They were protesting Egypt’s president, Hosni Mubarak, who’d cut off Internet access for his whole country—which had merely succeeded in making every young person in the country even more furious and bored, luring them out into the streets.