Legal scholar Daniel Solove has a better literary metaphor to describe the revelations about the NSA’s surveillance program:
Many commentators had been using the metaphor of George Orwell’s 1984 to describe the problems created by the collection and use of personal data. I contended that the Orwell metaphor, which focuses on the harms of surveillance (such as inhibition and social control) might be apt to describe law enforcement’s monitoring of citizens. But much of the data gathered in computer databases is not particularly sensitive, such as one’s race, birth date, gender, address, or marital status. Many people do not care about concealing the hotels they stay at, the cars they own or rent, or the kind of beverages they drink. People often do not take many steps to keep such information secret. Frequently, though not always, people’s activities would not be inhibited if others knew this information.
I suggested a different metaphor to capture the problems: Franz Kafka’s The Trial, which depicts a bureaucracy with inscrutable purposes that uses people’s information to make important decisions about them, yet denies the people the ability to participate in how their information is used. The problems captured by the Kafka metaphor are of a different sort than the problems caused by surveillance. They often do not result in inhibition or chilling. Instead, they are problems of information processing—the storage, use, or analysis of data—rather than information collection. They affect the power relationships between people and the institutions of the modern state. They not only frustrate the individual by creating a sense of helplessness and powerlessness, but they also affect social structure by altering the kind of relationships people have with the institutions that make important decisions about their lives.
From “‘I’ve Got Nothing to Hide’ and Other Misunderstandings of Privacy” by Daniel Solove
[via The Atlantic]