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INTRODUCTION
The
Observing Surveillance Project
documents the presence of videocameras placed in Washington DC after September 11. The project was undertakenby the staff of the Electronic Privacy Information Center (EPIC) in Washington, DC.Many of the images displayed in the exhibit may be viewed online at
www.observingsurveillance.org
.
Who Watches the Watchers?
Historians debate the true meaning of Juvenal’s maxim, “Sed quis custodietipsos custodes?” The Roman satirist often poked fun at the ruling elite. According toone commentator, Juvenal’s guardians were the eunuchs left with the women of 
Rome while the men traveled beyond the city. Perhaps there is no need to guardsuch guardians.But in the modern era, the words are a call for greater transparency andgreater accountability of those in power. Leading economists ask who will watch theregulators of financial markets. Human rights groups ask who will police the police.Commentators on technology ask who will observe those who have the means toobserve others.
Panopticism
The eighteenth century utilitarian philosopher Jeremy Bentham described the
perfect prison as the “panopticon,” a place where prisoners
could be under constantsurveillance. The Panopticon placed prisoner cells around a central observationtower. From the tower, prisoners could be observed but could not see who waswatching. Bentham was impressed that the threat of surveillance would be enoughto coerce the inmates such that actual observation would no longer be necessary.Modern social philosophers from Michel Foucault and Irving Goffman to OscarGandy and Gary Marx have noted that observation plays a similar function as ameans of social control. In Discipline and Punish: The Birth of the Prison, Foucault
wrote, “Hence the major effect of the Panopticon: to induce in the inmates a state
of conscious and permanent visibility that assures the automatic functioning of 
power.” Surveill
ance thus becomes a means of social and political control. It is away for those in power not only to observe, but also to control.
Privacy and Public Places
Central to the debate about video cameras is the question of whether one hasa reasonable expectation of privacy in a public place. Proponents of the camerasystems say that if you can be observed by others you have no expectation of privacy. But such a view ignores the role that technology plays in enhancingobservation.One person can easily obtain privacy against another by turning away or byspeaking softly. But how do people obtain privacy against technology that seeks toobserve and to record all? And what if such technology is eventually designed totarget those who desire privacy?More than a century ago, Louis Brandeis said that the law must evolve tosafeguard individuals from the encroachments of modern technology that made
 
surveillance easy and inexpensive. The Brandeis article, credited for the modernright of privacy, concerned observation in a public space.
The Debate in Washington DC
The Mayor of Washington, DC Anthony A. Williams has argued that increasedgovernment surveillance is a reality after September 11. He has argued for theadoption of elaborate camera systems, similar to those now in place in London andSydney, Australia.
The DC City Council has resisted the Mayor’s proposal. Council members and
witnesses raised questions about the video camera system at a public hearing inJune 2002. Residents asked whether their front doors and windows would fall withinview of the police camera networks. Legislation is currently under considerationthat would limit the use of the video camera system. The United States Congresshas also questioned the unregulated use of video surveillance in Washington, DC.
Transparency and Open Government
The work of the Observing Surveillance project has been undertaken incooperation with the Freedom of Information Act litigation pursued by the ElectronicPrivacy Information Center. EPIC has filed a series of FOIA requests with theMetropolitan Police Department and the Park Police to determine the scope andoperation of the DC video surveillance systems. Material obtained from the litigationis incorporated in the
Observing Surveillance
exhibit.
Public Protest and Constitutional Freedom
Washington has long been the center of political expression in the UnitedStates. Martin Luther King delivered the I Have a Dream Speech from the LincolnMemorial in 1963. Over the last thirty years, millions of Americans from all across
the country have come to the nation’s capital to express their views on important
political matters.Documents obtained by EPIC under the FOIA indicate that in the last fewyears the Metropolitan Police Department used video surveillance from helicoptersto monitor political demonstrations in Washington, DC.
OBSERVING SURVEILLANCE AND ADVOCACY
The goal of the
Observing Surveillance
project is to promote public debateabout the presence of video cameras in Washington, DC. Many systems of surveillance arrive quietly. A video surveillance system in the capital of the UnitedStates requires public debate. A second goal of the project is to explore the use of media to promote public dialogue. Most policy debate is based on text. Theprevailing paradigm is the argument. It appears in legal briefs, congressionaltestimony, and policy papers. But most people do not read briefs, testimony, orpolicy papers. They view images.
Prologue: The Role of Idioms and Icons in Advocacy
Earlier projects undertaken by the staff of EPIC have made use of a wide
 
range of political images and idioms. Mouse pads titled "Clipper 2.1," designed withthe assistance of Phil Zimmerman, helped launch a campaign against a governmenteffort to regulate encryption. Stickers labeled "Suitable for governmentsurveillance" placed on hotel telephones drew attention to FBI surveillanceproposals at a conference on Computers, Freedom, and Privacy. Buttons with theslogan "Privacy is a RIGHT not a PREFERENCE" helped shape the public debate overself-regulation. Bumper stickers that proclaimed "privacy.org the site for news,information, and action" announced the arrival of a new privacy advocacy website.The challenge in the digital world is to find idioms and icons that are familiar andaccessible.
The Travel Postcard
One of the first new forms of inexpensive media in the twentieth century wasthe travel postcard. All across America and Europe travelers would purchase pennypostcards with colorful images to send to friends and relatives back home. Thepostcards captured images of monuments and parks, beaches and famous hotels.The
Observing Surveillance
project adapted the metaphor of the travelpostcard. The first image published was of two American flags against a cloudy skywith a half-dome, lampost-shaped video camera in the foreground. The font wasselected to mimic a classic travel card -- bold italics proclaim "Washington, DC."The title across the top "Observing Surveillance."Subsequent cards incorporated the custom of a caption on the obverse of thecard to identify location. For
Observing Surveillance
, the location is the positionof the video surveillance cameras depicted on the card. The choice of cameras isnot accidental. Several may be found in front of FBI headquarters and the USDepartment of Justice.The montage is a popular way to capture several images on a single card.
Observing Surveillance
parodied the montage of Washington with a series of images showing several surveillance cameras.
The Tourist Map
Washington is one of the most popular tourist locations in the world. TheWashington tourist bureau provides colorful maps for visitors to locate museums,metro stops, and other sites. The
Observing Surveillance
project modified aWashington tourist bureau map to indicate the location of video surveillancecameras. Tourists can then decide whether to visit or to avoid these newWashington landmarks.
The Pop-up Window
For users of the Internet, the pop-up window is a genuine annoyance. Itobscures the primary image screen and breaks the simple point and click routine of Internet surfing. One major Internet Service Provider that offered to block pop-adsis currently running a campaign with pop-up ads with the simple claim "Get rid of this advertising!"Observing Surveillance embraced the pop-up ad to promote publicparticipation in the DC City Council hearing on video surveillance. The goal is clear -- focus
the user’s attention on the statement and encourage a response. Protest
has always had this character.
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