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14 January 2004
The Naked Crowd
by Sandy Starr


'The risk-averse democracies of the West continue to demand ever-
increasing levels of surveillance and exposure in a search for an illusory
and emotional feeling of security.' (1)

This is the provocative charge levelled by Jeffrey Rosen, in his new book
The Naked Crowd:

Reclaiming Security and Freedom in an Anxious Age. Rosen, professor of
law at George Washington University and legal affairs editor of The New
Republic, argues that risk-aversion - particularly since the terrorist attacks
of 11 September 2001 - is eroding our freedom. He sees 'politicians, the
media, interest groups, and an adversarial legal system' all contributing to
an unhealthy climate of panic, and calls for us to 'overcome the paralysing
fears that threaten our liberties...rather than demanding salvation from
judges or technologists or other illusory protectors' (2).

The Naked Crowd takes in sociological, psychological, technological and
legal perspectives on

the relationship between risk and freedom. It opens with an unsettling
account of a world where surveillance intrudes unchecked into every
conceivable public space, and where society's predominant emotion is
suspicion. No, it isn't some far-fetched science fiction dystopia - it's a case
study of the UK.

Rosen's outsider perspective makes for refreshing, if disconcerting,
reading. Why does the

widespread proliferation of closed-circuit television cameras in the UK go
unchallenged, and even unnoticed? 'CCTV cameras have a mysterious knack
for justifying themselves regardless of what happens to crime', Rosen
explains. 'When crime goes up, the cameras get credit for detecting it,
and when crime goes down, they get the credit for preventing it.' Worse,
'Britain's experience under the watchful eye of the CCTV cameras is a
vision of what Americans can expect if we choose to go down the same
road in our efforts to achieve homeland security' (3).

I asked Rosen what led him to explore the example of the UK. 'I never
found a topic which

more dramatically illuminated the importance of cultural differences in
responses to privacy', he said. 'The British pre-9/11 response seemed so
foreign to anything that could have been imaginable in America. There are
important constitutional differences between America and Britain, that
haven't quite brought us down the British path.'

Until now, that is. Advocates of freedom in the USA have long benefited
from a strong

tradition of civil liberties, and from a clear Constitution enshrining the
principles that they hold dear. But even a society with such a robust
constitutional basis is susceptible to changes in the political climate. How
can one make the case for safeguarding freedom and privacy today? 'spiked
is doing the most important work on this subject, and long may you
prosper, but it's a terribly uphill battle', replies Rosen. 'The case against
surveillance cameras is especially difficult to make, because their harm
seems so elusive. We can talk about abstractions like dignity and
autonomy, but these don't tend to resonate with the public. You really
need an instinct of suspicion of government - you need a libertarian
culture.'

Rosen makes a strong case for the importance of libertarianism, but how is
one supposed to

go about fostering such a culture, if it is lacking? Isn't it incumbent upon
defenders of freedom to make a convincing case, so that it no longer
appears to be an abstract cause? 'It is, and I'm delighted to be an
evangelist. It's a fair criticism to ask whether I've been too pessimistic, in
believing that the public can ultimately balance these complicated values
in a thoughtful way. It's arguable that the public, when in fact presented
with careful arguments, may make reasonable choices based on the best
available evidence. If this is correct, then it's all the more incumbent upon
commentators to try to devote themselves to public education.'

This broader focus makes a refreshing change from some recent studies,
which blame our

current propensity to panic solely on the media (4). The media doesn't
escape Rosen's criticism, though. 'The media is a democratic institution -
it's an institution of public opinion', he explains. 'I would by no means posit
some sort of media conspiracy, which driving an unknowing public to
greater heights of emotionalism. But the media's effort to respond to
public demands can create self-perpetuating cycles of fear, which are
hard to break.'

According to Rosen, these 'cycles of fear' have a destructive impact upon
public morale - yet

they don't even prompt better security. In fact, security measures
promoted by risk aversion tend to be ineffective. Looking at the measures
introduced in the wake of the 9/11 terrorist attacks, for instance, Rosen
makes the simple point that 'there is no reason to believe that terrorists in
the future will resemble those in the past' (5).

He goes on in the book to set up a thought experiment that demonstrates
the financial and

social costs of organising society on the basis of averting risk. 'Imagine a
profiling system that was set up to identify the 19 hijackers of 9/11.... Even
assuming the profiling system were 99 percent accurate...three million...of
those identified as potential terrorists by the system would be wrongly
accused. Such a system would bring the nation's airports to a halt.' (6)

Bearing this in mind, I was curious as to why Rosen's book is subtitled
'Reclaiming Security

and Freedom in an Anxious Age'. Could this be construed as a sop to
advocates of security measures? (7) 'I'm not sure what the publisher had in
mind', says Rosen. 'But my own thought, in accepting that subtitle, was the
idea of psychological security, which consists in an ability to live with
uncertainty.'

The 'ability to live with uncertainty' is an important cause to champion, at
a time when the

loss of this ability by our governing, business and scientific institutions
threatens to restrict both freedom and progress. As it happens, this ability
is also essential for managing risk. Rosen does a good job of explaining why
a paranoid outlook, which cannot tolerate the degree of uncertainty that
inevitably surrounds risks, is incapable of anticipating and reacting to
those risks (8). 'It's important for those of us who are defenders of privacy
not to be glib or dismissive of the gravity of the security threat', he says,
'and also not to be luddites who resist useful technology'.

The charge of luddism is something that Rosen is particularly sensitive to -
The Naked Crowd

was originally written in response to a challenge by another prominent US
legal theorist, Lawrence Lessig, who accused Rosen of being a luddite for
expressing misgivings about recent developments in technology. 'He's
withdrawn his charge', explains Rosen. 'In attempting to respond to his
challenge, I identified all sorts of technologies that, if well designed,
should indeed be embraced.'

In The Naked Crowd, Rosen uses Larry Ellison - the outspoken chief
executive of the

technology giant Oracle, whose immediate response to 9/11 was to offer
the US authorities software to support a national identity card system - as
a foil for his arguments. Confronting Ellison and his ilk, Rosen detects
'something especially presumptuous about Silicon Valley's conceit...that
machines can classify, analyse, and understand all of the fragmented data
in the world' (9). He draws a comparison between this enterprise and an
earlier, ill-fated project: the Biblical Tower of Babel.

By deploying analogies such as this, does Rosen not risk sounding a bit
down on

technological ambition? 'In fact, I would say it's a lack of ambition that
leads technologists like Ellison to refuse to think at a creative and
constitutional level. I don't mean strictly legal thinking, but recognition of
the importance of constructing technological checks and balances, that
are no less ambitious and fundamental than those that the framers of the
American Constitution demanded in establishing our government. It's a sign
of the magnitude of the task in front of us, that with all the best minds
and monies supporting these projects, we've progressed so little in
actually constructing and implementing genuinely ambitious technologies.'

Rosen's determination that technological progress, efficient security and
human freedom can

all coexist and prosper is inspiring. After all, as he explains at length in his
book, these three things have a common enemy in risk aversion. If there is
a shortcoming in the book, it is perhaps Rosen's tendency to rely upon
psychological rather than political models of public opinion and behaviour.

This tendency is reflected in the book's title, The Naked Crowd, conjuring
up a vision of a fickle,

fearful, emotion-led collective that the authorities can easily appeal to.
The book sometimes walks a fine line between legitimate criticisms of crass
populism, in policy and law, and contempt for the public's rational faculties
- Rosen asserts, for example, that 'the crowd, which thinks in terms of
images rather than arguments, demands a sense of emotional connection
with everyone who catches its fleeting attention' (10). How would he
respond to the charge that his book expresses a certain contempt for the
public?

'I hope it doesn't. You're correct to describe it as walking a fine line. My
effort, in talking about

the pathologies of public opinion, is to root the criticisms in well-
established realities of public psychology. The goal is not to be
contemptuous, but just hard-headed about the rigours of the challenges
we face. I wanted to think through for myself what the most pragmatic
hopes for privacy and freedom consisted in.' Apart from the fact that
discussing public opinion in terms of 'pathologies' expresses rather low
expectations of public rationality, neither is it perhaps the most advisable
strategy for winning public support for an argument.

Rosen's book is an important contribution to the ongoing debate over
freedom and security.

His call for society to be willing to take risks is crucial in winning the
argument for freedom today. However, we must take care not to disparage
the public when we challenge the culture of fear, as The Naked Crowd
sometimes verges on doing. Instead, we must appeal to, and make the case
for, the public's inherent rationality.

The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age, by
Jeffrey Rosen, is

published by Random House. Buy this book from Amazon (UK) or Amazon
(USA)
Sandy Starr is a contributor to Spreading the Word on the Internet:
Sixteen Answers to Four Questions, Organisation for Security and
Cooperation in Europe, 2003 (download this book (.pdf 576 KB)); From Quill
to Cursor: Freedom of the Media in the Digital Era, Organisation for
Security and Cooperation in Europe, 2003 (download this book (.pdf 399
KB)); and The Internet: Brave New World?, Hodder Murray, 2002 (buy this
book from Amazon (UK) or Amazon (USA))
Read on:
'We can never be safe - but at least we can be free', by Jennie Bristow
Defending dissent, by Josie Appleton
spiked-issue: Privacy
spiked-issue: After 11 September
spiked-issue: Interviews
(1) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p7
(2) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p84, 225
(3) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p49, 37
(4) See Shooting the messenger, by Rob Lyons; Immune to the facts, by Dr
Michael Fitzpatrick
(5) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p104
(6) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p106
(7) The American Civil Liberties Union's post-9/11 slogan 'Safe and free' is a
similar example, that could be construed as a sop to advocates of security
measures. See the Safe and free section of the American Civil Liberties
Union website
(8) For an account of how a paranoid outlook has contributed to the
decline of US intelligence, see Dumb intelligence, by Sandy Starr
(9) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p128. See Online insecurity, by Sandy
Starr
(10) The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age,
Jeffrey Rosen, Random House, 2004, p161





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the authority of teachers, elders or wise men.  Believe only after
careful observation and analysis, when you find that it agrees with
reason and is conducive to the good and benefit of one and all.
Then accept it and live up to it." The Buddha on Belief,
from the Kalama Sutra




www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
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