Readers of Privacy & American Business have been following the debates over new anti-terrorist proposals with keen interest. We are all aware that in the next few weeks the balance between governments investigative powers and the privacy rights and civil liberties of Americans could undergo one the most profound changes since the writing of the Bill of Rights. A new Harris/Westin survey released just yesterday (October 3) and reported below will, we think, help inform the ongoing debates.
WHERE WE ARE
The Bush Administration has made its case for an array of new surveillance and security measures; Congress is examining the needs and proposals, from a "narrowing" perspective; and interest groups across the political spectrum have given their sometimes conflicting views.
Many of the issues are truly "policy wonk" matters judgments that turn on expert knowledge of existing legal systems for investigation and surveillance, experiences with special procedures, and the particulars of the Administrations proposals.
However, in a democracy, it is always vital to ask how people feel about these issues in terms of their broad attitudes and concerns, and especially, what kinds of safeguards the public wants to see legislators build into new investigative and surveillance systems.
PUBLIC INPUTS TO THE POLICY PROCESS: A NEW HARRIS/WESTIN SURVEY
Fortunately, we have such a "balancing inquiry" in the results of a new Harris Interactive representative national survey, for which I served as the academic advisor. Harris polled 1,012 respondents by telephone between September 19-24. The survey findings are an extremely useful guide to the policy-making process we are currently engaged in.
OLD PUBLIC BOUNDARIES ARE GONE
First, and no surprise, the public supports greatly increased law enforcement programs, by overwhelming majorities and as never before recorded on national surveys of these issues.
The Harris survey presented respondents with a list of ten expanded or new measures that "law enforcement agencies might use when dealing with people suspected of terrorist activity." The American public favors adoption of all ten, even though the question specifically noted that these measures "would also affect our civil liberties."
Six of the ten measures were favored by resounding majorities in the 81-93% ranges:
" By 93% "expanded undercover activities to penetrate groups under suspicion" and "stronger document and physical security checks for travelers."
" By 92% "stronger document and physical security checks for access to government and private office buildings."
" By 86% "use of facial-recognition technology to scan for suspected terrorists at various locations and public events."
" By 84% "issuance of a secure ID technique for persons to access government and business computer systems, to avoid disruptions."
" By 81% "closer monitoring of banking and credit card transactions, to trace funding sources."
By two-out-of-three majorities, the public also approves of:
" "adoption of a national ID system for all U.S. citizens" (68%);
" "expanded camera surveillance on streets and in public places" (63%); and
" "law enforcement monitoring of Internet discussions in chat rooms and other forums" (63%).
And, by the smallest majority, but still 54%, the public favors law enforcement having authority for "expanded government monitoring of cell phones and e-mail, to intercept communications."
These approval rates clearly reflect an immediate-shocked-aftermath outlook by the public, and a dramatic reversal of all previous survey research on how Americans view broad law enforcement powers.
This is especially true for the two-thirds support for a national citizen ID system, something that national majorities have always rejected in the past. (A current survey in Britain found similar support by the UK public for a national ID card as did a U.S. survey by the Pew Research Center where 70% approved.)
BUT HOW THESE POWERS WILL BE ADMINISTERED WORRIES THE PUBLIC
At the same time, however, heavy majorities of the public, in ranges of 67-79%, express "concern" about "the way these increased powers might be used by law enforcement." Basically, the publics worry is that the traditional and still-desired American system of checks and balances for law enforcement powers might be lost in the new terrorist-control environment.
" 79% of the public have concern that "judges who authorize investigations would not look closely enough at the justifications for that surveillance."
" 78% worry that "Congress would not include adequate safeguards for civil liberties when authorizing these increased powers."
There is also concern that proper boundaries for these powers may not be observed.
" 77% worry that "there would be broad profiling of people and searching them based on their nationality, race, or religion."
" 72% have concern that "the mail, telephone, e-mails or cell phones of innocent people would be checked."
" 71% worry that "non-violent critics of government policies would have their mail, telephone, e-mails, or cell-phone calls checked."
More than two-thirds of the public also voice concern about potential extension of investigative authority beyond terrorists:
" that "law enforcement would investigate legitimate political and social groups" (68%).
" that "new surveillance powers would be used to investigate crimes other than terrorism" (67%).
THE PUBLICS CONCERNS SHOULD BE THE POLICY-MAKERS CHECKLIST
The Harris survey tells Washington decision-makers that the American public is initially in strong support of increased powers for law enforcement. But, reflecting the American constitutional and civil liberties tradition, strong majorities are also concerned that proper standards, institutional safeguards, and target-boundaries may not be instituted.
This makes the current Congressional debates on authorization and safeguards of prime importance. In fact, the publics concerns provide exactly the checklist that Congress should be using when deciding how to structure protections for civil liberties under any new or expanded law enforcement powers.
THE BOTTOM LINE: ANXIOUS TRUST
In conclusion, the Harris survey asked, "Overall, how confident do you feel that law enforcement will use its expanded surveillance powers in what you would see as a proper way, under the circumstances of terrorist threats?" By 87% the public said they had such confidence (34% saying they were "very confident" and 53% saying they were "somewhat confident.")
That 53% chose "somewhat confident" reflects national-majority apprehension that new law enforcement authority may not always be used in "a proper way." The public's net message to legislators, judges, and to the law enforcement community is clear, and in the best of the American tradition of "ordered liberty": "Proceed: But With Great Care, and With Adequate Safeguards."
NEXT: AN EXPLORATION OF NEW CONSUMER BEHAVIORS AND ATTITUDES
Privacy & American Business is now preparing a survey with Harris Interactive that will explore the behaviors and attitudes of online consumers in the new surveillance environment. The results of this survey will be released in Washington on November 28, at P&AB's Eighth Annual Conference, "Managing the NEW Privacy Revolution and Privacy Expo 2001" co-convened with PRIVACY COUNCIL.
For information about the conference and exhibition, November 27-29 at the Renaissance Hotel in Washington, D.C., contact Patty Anthe at Privacy Council at 972-997-4469 for information on exhibiting at the First Annual Privacy Expo 2001, and Olga Garey at Privacy & American Business for registration and other information. Watch pandab.org for more details.