The US government is pushing mask bans at protests, which could have a chilling effect on free speech and make it easier for protesters to be identified and harassed by political opponents. Experts believe there needs to be a reevaluation of what it means to have an expectation of privacy in public spaces, given the increasing use of surveillance technology.
Technological Solutions to Subvert Surveillance
Phone manufacturers have implemented technological solutions to subvert surveillance methods, such as Google’s changes to how it stores users’ location data, making it unable to comply with future geofence warrants.
A Reevaluation of Expectation of Privacy
Experts believe that there needs to be a reevaluation of what it means to have an expectation of privacy in public spaces. With the increasing use of surveillance technologies, it is becoming more difficult for individuals to remain anonymous and protected from harassment and targeting.
Protesting anonymously is as old as America itself, but Americans’ ability to do so appears to be in jeopardy as government officials across the country push mask bans to hold protesters accountable to law enforcement.
A Shift in Expectation of Privacy
There has been a shift in the expectation of privacy in public spaces. With the increasing use of surveillance technologies such as Stingrays, geofence warrants, and automated license plate readers, it is becoming more difficult for protesters to remain anonymous.
Doxxing: A Growing Concern
Doxxing, or publishing someone’s personal information online with malicious intent, is a growing concern among activists. Many have been doxxed due to their participation in protests criticizing Israel’s military occupation of Palestinian land and killing more than 40,000 Palestinians during its recent military campaign.
Mask Bans: A Tool for Identification
Proponents of mask bans argue that they help law enforcement quickly identify suspects and prosecutors to charge them. However, this type of identification can also be used to target individuals for their political views or activities, leading to harassment and even death threats.
Concerns About Doxxing
Concerns about doxxing exist across the political spectrum. A conservative student at Auburn University was doxxed after engaging in pro-life activities on campus, as were employees at voting machine companies following president-elect Donald Trump’s fraudulent attempts to overturn the results of the 2020 election.
The Rise of Doxxing
Doxxing is on the rise, with many Americans being targeted by intrusive surveillance and other policies that would be objectionable if they were the initial target. The Council on American-Islamic Relations (CAIR) has filed lawsuits against organizations accused of doxxing individuals.
The Impact of Mask Bans on Free Speech
Mask bans could have a chilling effect on free speech, making it more difficult for protesters to express themselves without fear of identification and harassment by political opponents. This is particularly concerning given the increasing use of surveillance technology by law enforcement agencies.
Experts believe there’s been a shift in the expectation of privacy in public spaces, and that we need to reevaluate what it means to have an expectation of privacy. This shift is due in part to the increasing use of surveillance technology by law enforcement agencies.
Surveillance Technology Complicates Claims Against Mask Bans
The use of surveillance technology like Stingrays, geofence warrants, professional social media monitoring firms, networks of automated license plate reading cameras, and even gait analysis technologies complicates claims that banning face coverings in public is essential for punishing protesters when they engage in violence or property damage.
Mask Bans Could Chill Free Speech
Privacy experts and activists warn that mask bans could chill free speech and open protesters up to identification and harassment by political opponents. Protesting anonymously has been a right in the US since its founding, but with the increasing use of surveillance technology, this right is being eroded.
History of Mask Bans
The earliest mask bans date back to the 1840s, with at least 18 states having had some form of mask ban laws on the books at some point. Statewide mask ban bills have been introduced in New York and New Jersey, but their backers have directly invoked the desire to broadly limit anonymity.
Difficulty in Identifying Protesters
Identifying protesters through social media is not difficult, even when they are masked. Online tools like PimEyes can identify people through a picture of their face “even in situations where their facial features are partially obscured, such as in low-light or when they are wearing masks.”
Technological Solutions to Subvert Surveillance Methods
Phone manufacturers have been making strides with regard to technological solutions to subvert surveillance methods. Google announced changes to how it stores users’ location data, making it unable to comply with future geofence warrants.
Limitations of Surveillance Technology
While surveillance technology can be used to identify protesters, it is not foolproof. Protesters can evade law enforcement surveillance by leaving their phones at home or switching to airplane mode, preventing the devices from connecting to the cellular network. Automated license plate readers can be circumvented by walking or taking public transit to the protest.
Concerns About Doxxing
- wired.com | The Real Problem With Banning Masks at Protests
