Transparency and Accountability Don't Hurt Security—They're Crucial to It

After Boston, just like after 9/11, the nation is likely to adopt new anti-terror laws. But done wrong, law enforcement can undermine society.
bostonsurveillance.banner.reuters.jpg.jpg
Jessica Rinaldi/Reuters

As part of the fallout of the Boston bombings, we're probably going to get some new laws that give the FBI additional investigative powers. As with the Patriot Act after 9/11, the debate over whether these new laws are helpful will be minimal, but the effects on civil liberties could be large. Even though most people are skeptical about sacrificing personal freedoms for security, it's hard for politicians to say no to the FBI right now, and it's politically expedient to demand that something be done.

If our leaders can't say no -- and there's reason to believe they can -- there are two concepts that need to be part of any new counterterrorism laws, and investigative laws in general: transparency and accountability.

Long ago, we realized that simply trusting people and government agencies to always do the right thing doesn't work, so we need to check up on them. In a democracy, transparency and accountability are how we do that. It's how we ensure that we get both effective and cost-effective government. It's how we prevent those we trust from abusing that trust, and protect ourselves when they do. And it's especially important when security is concerned.

First, we need to ensure that the stuff we're paying money for actually works and has a measureable impact. Law-enforcement organizations regularly invest in technologies that don't make us any safer. The TSA, for example, could devote an entire museum to expensive but ineffective systems: puffer machines, body scanners, FAST behavioral screening, and so on. Local police departments have been wasting lots of post-9/11 money on unnecessary high-tech weaponry and equipment. The occasional high-profile success aside, police surveillance cameras have been shown to be a largely ineffective police tool.

Sometimes honest mistakes led organizations to invest in these technologies. Sometimes there's self-deception and mismanagement -- and far too often lobbyists are involved. Given the enormous amount of security money post-9/11, you inevitably end up with an enormous amount of waste. Transparency and accountability are how we keep all of this in check.

Second, we need to ensure that law enforcement does what we expect it to do and nothing more. Police powers are invariably abused. Mission creep is inevitable, and it results in laws designed to combat one particular type of crime being used for an ever-widening array of crimes. Transparency is the only way we have of knowing when this is going on.

For example, that's how we learned that the FBI is abusing National Security Letters. Traditionally, we use the warrant process to protect ourselves from police overreach. It's not enough for the police to want to conduct a search; they also need to convince a neutral third party -- a judge -- that the search is in the public interest and will respect the rights of those searched. That's accountability, and it's the very mechanism that NSLs were exempted from.

Presented by

Bruce Schneier is a contributing writer for The Atlantic and the chief technology officer of the computer-security firm Co3 Systems. His latest book is Liars and Outliers: Enabling the Trust That Society Needs to Thrive.

How to Cook Spaghetti Squash (and Why)

Cooking for yourself is one of the surest ways to eat well. Bestselling author Mark Bittman teaches James Hamblin the recipe that everyone is Googling.

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register.

blog comments powered by Disqus

Video

How to Cook Spaghetti Squash (and Why)

Cooking for yourself is one of the surest ways to eat well.

Video

Before Tinder, a Tree

Looking for your soulmate? Write a letter to the "Bridegroom's Oak" in Germany.

Video

The Health Benefits of Going Outside

People spend too much time indoors. One solution: ecotherapy.

Video

Where High Tech Meets the 1950s

Why did Green Bank, West Virginia, ban wireless signals? For science.

Video

Yes, Quidditch Is Real

How J.K. Rowling's magical sport spread from Hogwarts to college campuses

Video

Would You Live in a Treehouse?

A treehouse can be an ideal office space, vacation rental, and way of reconnecting with your youth.

More in Politics

Just In