In his article “Security, Surveillance and Counter-law”, Richard Ericson (2007) explores the emergence of counter-laws at the dawn of the 21st century as a response to the uncertain times brought about by risk and security related issues such as terrorism and deviance. This results in the dilution of legal equality, the temporary suspension of the rule of law, and the overall undermining of the democratic process. Counter-law is defined as the creation of new laws with the objective to undermine or eliminate original laws that ensure democratic processes. The fundamental underpinning of counter-law is the precautionary principle which is also the response to govern uncertainty. The precautionary logic is concerned about futurity and the crimes …show more content…
Ericson’s argument that the insecurity felt in modern times and the corresponding response by state intervention which leads to an erosion in democratic processes is not universally concurred. Some countries like Singapore strike a unique balance between the use of counter-law in times of emergency while practising inclusionary measures. Multiculturalism, the very definition of an inclusive society, plays a central role in the governance of Singapore yet counter-law exists. Singaporeans have a tendency to prioritise security over the liberal values of democracy (Lee, 2013; Harris, 2014). Even if it is a temporary suspension of democratic processes, Singaporeans are generally cooperative to their version of counter-law which is the Internal Security Act. The problem with Ericson’s argument is that it does not apply to most Asian country. The number of uproars over the lack of ‘proper democracy’ in Asia advocated by most liberal western media seem to illustrate the fact of ethnocentrism. Ericson concluded by stressing that counter-law “itself becomes a source of harassment, alarm and distress” (Ericson, 2007, p. 7). Perhaps, it would be worthwhile to consider that certain democratic liberties are just not readily agreed upon in the Asian context. Additionally, the harmonious and inclusive feature of the Singaporean model while practising the use of counter-law is a point of disagreement to Ericson’s argument. This could serve as a reminder that the liberal values of democracy are not the universal ‘correct’ end objective to achieve. This is and has always been a debate on the exclusion and inclusion of certain culture, practices, and communities. Who is to say that the culture and practice of the individualistic, liberal, and democratic ideals should be the lens to analyse pervasive issues of contemporary
Today, Canadian’s lives today are as translucent as ever. Most organizations especially the government constantly watches each and every one of our moves. By definition, surveillance is any systematic focus on any information in order to influence, manage, entitle, or control those whose information is collected. (Bennet et Al, 6). From driving to the shopping mall to withdrawing money from the ATM machine, Canadians are being watched constantly. With Canada’s commitment to advance technology and infrastructure in the 1960s, government surveillance is much easier and much more prevalent than it was hundreds of years ago. Even as early as 1940s, the Dominion Bureau of Statistics used punch cards and machines to determine who is available
A Surveillance Society by Thompson and Hickey is about how public surveillance is everywhere, looking at everything, and is never turned off. First, the PATRIOT Act was passed by Congress shortly after 9/11, and has allowed the government to start watching people. Ever since then the U.S. has increased its use of cameras in public places. Today, just about everywhere businesses and shoppers are, there are cameras. High-tech surveillance devices are more prevalent across populated areas. Corporations, agencies and even individuals monitor social areas with surveillance. With today’s technology, cameras are able to scan images and identify people. Organizations regularly share databases, swapping personal information. Some are opposed
There are moments when civil liberties should be curtailed in democratic countries like the US and Canada, in order to maintain national security. While this is true, there are also moments that an individual’s civil liberty should be maintained whereas it is not. Consequently, governments should make clear boundaries as to which occasions civil liberties should be restricted. For instance, both the Patriotic Act and the Anti-terrorist Act allowed rover wiretapping which are needed to deal with terrorists who have a sophisticated knowledge of how technology works.
Since the 9/11 attacks on U.S. soil at the outset of the twenty-first century, western states have enacted vast changes in the way that they deal with terrorist groups and terrorists. Due to the fact that civilian casualties have escalated as a result of terrorist acts, western polities have steered away from a punitive paradigm that criminalizes terrorist acts and aims at penalizing individuals who perpetrate such acts. Instead, there has been a dramatic shift towards a preventative approach in which terrorist acts are prevented prior towards any manifesting and inflicting harm on innocent victims. In Jonathan Shapiro’s “An Ounce of Cure for a Pound of Preventive Detention: Security Certificates,” published in Queen’s Law Journal in 2008, discusses the paradigm shift in Canadian foreign policy as it pertains to terrorism through a cogent discussion of Canada’s Immigration and Refugee Protection Act (IRPA). The IRPA authorizes the government to detained suspected terrorists amidst deportation proceedings. However, the Supreme Court of Canada rendered a decision that the Charter was provisionally violated by certain provisions of the Act, which is the central point of contention Shapiro has in this article. Indeed, he critiques the approach of the Supreme Court in the Charkaoi v. Canada decision, positing that the security certificate process violates several of the liberty and equality
Security can be a tool to rationalize, legitimize, marginalize violence (keeping minority groups in their place) which could in turn reinforce systemic inequalities present in society by turning a blind eye to context. This dichotomy serves as a platform for other invalidation ideologies that works on the continuum of fear that can divide into categories of “us” and “them”, which are then used to send us messages about who is a threat, and leads to constructions of what individuals who are not able to stand up for themselves. The death of Ashley Smith illustrates how the range of oppressive structures were responsible for the persistent and severe denials of her fundamental rights. In this context, we can see that the state has both the means to violate and protect human rights.
A paradox has always exists between the issue of civil liberties and national security. Democracy creates civil liberties that allow the freedom of association, expression, as well as movement, but there are some people use such liberal democracy to plan and execute violence, to destabilize State structures. It illustrates the delicate balance existing between reducing civil liberties to enhance security in a state. States have detained suspects for years and have also conducted extensive privacy incursions as strategies to combat terror, however it risks violation of civil liberties. This essay discusses the extent to which a state should be allowed to restrict civil liberties for the enhancement of national security and not abandon democratic values. It looks at aspects of the legal response to terrorism in the United States after the 9/11 attack.
Since 9/11, the Australian government has enacted over 60 counter-terrorism laws to assist in the fight against the rising threat of terrorism in Australia. This legislation has recently been brought into question given the rise of extremist groups such as Islamic State and the lifting of Australia’s terror level to “High”. Prior to 9/11 there were no specific laws in order to combat terrorism specifically in the Criminal Code. Australia’s national anti-terror laws are alarming not just in their volume, but also in their widespread scope. They include powers for warrantless searches, the banning of organisations, preventive detention, and the undisclosed detention and interrogation of non-suspect citizens by the Australian Security Intelligence Organisation (ASIO). The progress of these laws though parliament was eased by Australia’s absence of a national bill or charter of rights. The fast enactment of the laws was also aided by an apprehensive atmosphere and a feeling of urgency. This quick enactment has raised concerns over the many years since the legislation passed regarding the facilitation of the rule of law given the extensive powers that the Commonwealth has in regards to national defence and security. One such example of legislation that has proven to be controversial and has drawn supporters and critics alike are control orders under Division 104 of the Criminal Code. The paper will assess whether or not
The novella, The Concrete Jungle by Charles Stross and the novel Down and Out in the Magic Kingdom by Cory Doctorow both present the readers with the issues and impact of surveillance upon the main characters. The surveillance exists in each separate work of fiction for different reasons, but reasons which are actually identical at their core. In The Concrete Jungle, the surveillance cameras originated out of a need for security, and related to that, feelings of fear and desire for protection. Thus, one could argue, in this novella, the need for surveillance arose out of something very organic and common, something which unites all humans: a desire for security. In society today, places of extreme importance, such as banks, government buildings, museums, office buildings and expensive homes these places all have surveillance cameras stemming from a healthy need to keep these structures safe. The Concrete Jungle represents a warping of this desire as the UK is blanketed in surveillance cameras and demonstrates a healthy need gone twisted. The Concrete Jungle and Down and Out in the Magic Kingdom, while distinct in style and content, both portray the struggle of the individual in maintaining identity against extremely evolved forms of surveillance.
High police surveillance among communities of color enables black and brown bodies to be criminalized at higher rates than whites increasing the rate of incarceration of African American and Latino communities. Historical conditions as slavery and the development of policing in America have had an effect on the communities targeted by police forces. The police forces came from a history of slave patrolling which primary goal was to patrol slaves and catch the “bad” runaway slaves. In the article “What is the difference between slave Patrol and modern day policing? Institutional Violence in a community of color” Marlese Durr writes, “Davis and Melissa Barlow (199) note that by 1837, the Charleston Police Department had 100 officers whose primary
Although we live in a nation that places a premium value on personal freedom, it is also a nation whose population considers its own safety and welfare as paramount rights. This creates a need for some measure of public order. Such public order mechanisms are typically expressed in the form of laws. The laws of the United States are an attempt to balance the desire for individual freedoms with the desire for universal safety. (D'Augostino, 2008)
The right to privacy was not established as a constitutional doctrine until after the result of the Supreme Court ruling in the 1965 case of Griswold vs. Connecticut. The court decision was based on the interpretation of several amendments within the Bill of Rights. Although the Bill of Rights does not explicitly state anything about the right to privacy, a combination of its sections was used as the framework for establishing the right (“Griswold v. Connecticut (1965),” 2007).
Technological Surveillance In an age where instant communication and technology provide easy and ready access to information, the society and the individual is caught between two very controversial principles- open information and privacy. The perceptions and expectations of privacy are rapidly changing as a result of current developments in surveillance technologies. The question is are these new surveillance technologies endangering the values and morals of our democratic society, the society we have worked for many centuries to achieve?
In today’s online world, it is almost impossible to remain anonymous. With every website and service requiring a log in which stores personal information, and surveillance users are unaware is even there. Although this sounds like an invasion of personal privacy and loss of personal liberty, it has turned into the “norm” and most of the time goes on without even being questioned. In some cases, consensual surveillance has been turned into forms of entertainment. The average person online is very aware of the surveillance taking place, but it is likely they are unaware of the severity of the surveillance and the justification behind it. It is known that the main use of surveillance is to keep citizens safe and free from terrorist attacks
Why do we as American's fear of becoming the victim of a crime? Reality is that we as individuals of the United States only have a two-percent chance of becoming the victim of a violent crime. Surveillance is starting to become high in demand for businesses, offices, and even inside and outside of homes solely because we are taught that crime is always happening to someone, somewhere. From personal experience, I feel as if surveillance cameras are not only one of the best ways to prevent crime, but it also increases the possibility to catch the individual(s) who choose to engage in a deviant act or actions. Although alarm systems can be effective, they do not identify who is committing the crime. The alarm systems simply tell the
Our society would not survive in the 21st century without the help of electronic surveillance. Safety is one of the main purposes of electronic surveillance. Safety is the state of being secure and free from danger of any sort. Today, many would rather give up their privacy for safety (Smithsimon). In fact, surveillance gadgets such as cameras, radio tracking chips and house alarms are used in many places to ensure safety. For instance, a parent can easily place a hidden camera in a stuffed animal in order to see how the babysitter handles his or her child (Public Places Have Eyes). Cameras are also used to ensure safety on school premises. According to the GCC College Safety website, "the college has an extensive system of surveillance