WE NEED A NEW GEORGE ORWELL!
Monday, December 1st, 2008by Nat Hentoff
AS AN ENGLISH NOVELIST FORESAW, BIG BROTHER KEEPS GETTING BIGGER AND MORE INTRUSIVE.
During the Presidential campaign, neither candidate has shown any urgent concern for how pervasively this country is becoming what George Orwell envisioned in his futuristic novel 1984. Nor has there been any marked alarm from the citizenry at the extinguishing of our personal privacy—revealing how conditioned Americans have become to being under the government’s unblinking eye.
An exception is the alarm raised in an April 10, 2008, editorial in the conservative Washington Times. Titled “D.C. Police State,” it condemned the District of Columbia police’s “unprecedented access to a city network of 5,200 traffic, school and public housing cameras— now to be used for anticrime and antiterrorism purposes in the D.C. police closedcircuit surveillance system.”
The shaken editorial writer asked, “Do we then install cameras inside homes and offices and automobiles?”
Not yet. But no matter who’s in the White House and who controls Congress in 2009, another 9/11 or its equivalent—a portable nuclear device detonated in New York City’s subway system, for instance—could provide a further negative answer to a recent indignant protest by Andrew Davis of the Libertarian Party: “In America, people should not be forced to assume that they’re being monitored by law enforcement throughout the day.”
However, I’ve been alerted by the Washington- based Defending Dissent Foundation about a Justice Department plan that is to be implemented by the end of this year—a grim farewell gesture by Big Brother George W. Bush.
Have you ever heard of the DNA Fingerprint Act of 2005? I hadn’t until Sue Udry, Defending Dissent’s director, reported that once this proposal kicks in, “federal agencies will be required to collect DNA samples of everyone arrested prior to conviction, when you’re still supposed to be considered innocent.”
I turned to Vincent Warren, executive director of the Center for Constitutional Rights (CCR), which is often ahead of the ACLU in detecting and opposing government raids on the Constitution. He explained that “at the end of 2005 a little-noticed provision— the DNA Fingerprint Act—was slipped into the Violence Against Women Act (VAWA) reauthorization bill that provided the federal government with broadly expanded powers to collect and permanently keep DNA samples from millions of people. Under this new law the government would collect DNA from anyone arrested for any crime—whether or not they are convicted—any non-U.S. citizen detained by federal authorities for any reason, and everyone in federal prison.”
This would, of course, include those dangerous Americans exercising their First Amendment right “peaceably to assemble and to petition the government for a redress of grievances” as they denounce an egregious edict like the DNA Fingerprint Act.
If elected President, would Barack Obama go along with this boundless invasion of our privacy, aware that, as CCR attorney Matthew Strugar warns, “DNA is not a simple fingerprint— it contains vast amounts of private medical information the government has no business keeping on us”?
Well, candidate Obama approved the “compromise” Foreign Intelligence Surveillance bill. As the ACLU points out, this legislation is “an unprecedented extension of government surveillance over Americans…[that] permits only minimal court oversight” over any President’s serial violations of the Fourth Amendment.
Yet Obama concurred with George W. Bush and both Republican and Democratic leaders in Congress that this compromise “firmly reestablishes basic judicial oversight over all domestic surveillance in the future.” A President John McCain, not a notable champion of the Bill of Rights, would hardly disagree.
Not only the Justice Department will be able to harvest the most intimate details of your medical records. Reading the fine print of the Justice Department’s presentation of this rule in the April 18, 2008, Federal Register reveals: “This statute also provides that the Attorney General may ‘direct any other agency of the United States that arrests or detains individuals or supervises individuals facing charges to carry out any function and exercise any power of the Attorney General under this section.’”
An incalculable number of federal eyes would be able to sift through whatever signals your DNA reveals about your potential to be a risk to America’s national security.
As the climate of fear darkens in this nation, it’s not inconceivable that the government could look with interest at a proposal in Orwell’s native land by Gary Pugh, director of forensic services at Scotland Yard. In the March 16, 2008, issue of The Observer, Pugh summarizes how close we are coming to 1984: “Primary schoolchildren should be eligible for the DNA database if they exhibit behavior indicating they may become criminals in later life…some experts believe it is possible to identify future offending traits in children as young as five.”
But why not go further back? There are now multidimensional sonograms that clearly show the behavior of fetuses in the womb. This might be a new branch of forensics, leading to national security abortions. You think I’ve lost my marbles? When Orwell’s 1984 was first published in 1949, some readers scoffed at haunting passages such as this: “How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate, they could plug in your wire whenever they wanted to.”
That ain’t fiction anymore.
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Nat Hentoff is a historian of the Constitution, a jazz critic and a columnist for the Village Voice and Free Inquiry. His incisive books include The First Freedom: The Tumultuous History of Free Speech in America ; Living the Bill of Rights ; and the forthcoming Is This America?
