Published in Camerawork: A Journal of Photographic Arts
(28:1) Spring/Summer 1999

Public and Private in an Age of Dataveillance

Steve Dietz

Lincoln by Brady Make no mistake, gentlemen, Brady made me President!
--Abraham Lincoln

If the progeny of Brady’s public(ity) sphere can be traced through Erich Salomon’s "candid camera" photographs to Andy Warhol’s 15 minutes to Jerry Springer and "reality TV" to jennicam, there is an equally illustrious ancestry for incursions into the privacy of the individual by a surveillance society dating back, according to David H. Flaherty, to at least the 17th-century Puritans and their "City upon a Hill" and including Bentham’s panopticon, Galton’s physiognomic photo composites, and any number of national databases from the DMV to the IRS to TRW.

There can be little argument that the Internet has created new space to play out issues of public vs. private. The important question is whether this new "space" is somehow distinctive or changes the terms of the debate in any way. The interesting answer is that artists are among the most sophisticated in their understanding of the implications of networked, digital media.

Counter-Surveillance

Just as Oscar Barnack’s invention of 35 mm film and a host of related technological advances enabled Salomon to take private pictures of public figures, Moore’s law and a host of related technological advances have enabled an unprecedented degree of automated optical surveillance of public spaces. While these and other monitoring devices such as the Clipper chip are always represented as non-threatening to "law abiding citizens," Heath Bunting’s parody cctv--a kind of international neighborhood watch, which allows viewers to fax in reports of crimes they may have noticed on four different Web cams in England, Germany, Spain, and the U.S to a local police station (supposedly)--brings new meaning to the phrase "global village." It takes a world to police it, you might say.

On the other hand, Steve Mann, an artist and MIT-trained engineer who invented the wearable computer around 1980, views the rise of surveillance as inevitable. The only solution is to make all surveillance data publicly accessible and to empower the individual to make her own surveillance. Paul Garrin’s video of the Tompkins Squre riot and the Rodney King video certainly lend credence to the power of this approach, and if Sony’s new Glass Tron glasses--a commercialization of Mann’s pioneering work--are as successful as the Walkman, the integration of distant spaces with personal ones will be commonplace.

One of the most interesting counter-surveillance projects and Web sites is Area 51: Landscape Painting as Counter-Surveillance by a group from the CADRE (Computers in Art, Design, Research and Education) Institute. The site can perhaps best be described as a "web verite" version of the X Files. It chronicles the journey of Art 210 class, headed by almost-CIA employee and CADRE director, Joel Slayton to surveil the infamous Area 51, a restricted military area near Rachel, Nevada, which does not appear on any maps and which is the site of numerous purported UFO sightings--why else would it be so secret? Along the way, some of the group detect Michael Heizer’s secret compound, "Complex City", which borders Area 51--why is that, do you suppose?--and investigate. During the action, "John C. Yeargin surveilled the black helicopter and the CADRE surveillance team as the CADRE surveillance team surveilled Area 51 and were in turn surveilled by the black helicopter which may have also been surveilling John C. Yeargin." At the end of the day, a French TV crew interviews the artists. The day after the counter-surveillance, Brett Stallbaum "spams" the nearby Nellis Air Force Base, and on the Web site, in an apparent effort to deflect legal retaliation posts the following explanation, which, presumably, even a government bureaucrat could understand:

Our objective in dealing with thi "informaton" is to insert ourselves as artists, via performance, into the discourses surrounding and intersecting with Area 51 social phenomena in a way which practices a critically informed stance on a variety of issues stemming from our study of postmodern cultural aesthetics, postindustrial economic realities, and networked semiotic systems as manifested particularly in the form of the Internet. Conceptual concerns with surveillance as a means of social control led us as a group to a direct interest in using the context of obvious surveillance (as indicated in practicin "art" physically at the Groom Road border to the air base), as a context for art performance which combines with these critical concerns as well as the above mentioned paranoid "fringe" discourses. What has emerged from this performance activity is a Web site which is simultaneously critical, irreverent, useful to users in terms of visual information, and in my opinion quite funny. I feel that the endeavour was successful as conceptual art in its use of a surveillance context as a medium or "art supply", as a light hearted yet simultaneously serious critique of surveillance, and as a pleasurable experience in the spirit of good fun.
http://cadre.sjsu.edu/area210/Scandal/Scandal.html

Tragedy of the Commons: Public -> Commercial Space

I think you are correct to point at the atomization of interests as a disintegrative effect of the same technology that brings integration at other levels. We do connect across all kinds of boundaries. But we all pull the fabric apart in pursuit of our interests. It's a version of...the tragedy of the commons. Humans are social beings; modern citizens are individuals.

Howard Rheingold to Mark Derry

Optical surveillance of individuals in public and commercial-public spaces is annoying at best and invasive at worst, but there are counter-strategies and its effect, if not its presence, is not necessarily permanent. What is harder to mitigate, however, is the potential 21st-century repeat of the tragedy of the commons.

In the good old days of "net.art," when artists were way ahead of corporations in terms of thinking about online, it was even possible to think about expanding the non-commercial--the non-privatized--sector of the Internet. Robbin Murphy describes one such project in his paper, "Thoreau and Walking: Art and the Legal Ambiguity of the Internet," which

. . . involved the Sainsbury company and their "Reward" card for customers. (http://www.irational.org/tm/archived/sainsbury). . . . Bunting, [Rachel] Baker and others recreated the Sainsbury catalog with their own logos and those of their friends . . . then rewrote the questions on the application form for the card. They did not hack into the Sainsbury site itself but hosted their version on the irational site. Unsuspecting customers who accessed the site through search engines rather than the direct Sainsbury URL were given to clue they had reached a fake site and proceeded to apply for the card.

Sainsbury retaliated through its lawyers and eventually the site was shut down. Other corporate hijacks, not surprisingly, have also been shut down. As big business has entered the Internet, it has vigorously protected its interests. It has also used the frontier status of the legalities governing the Internet and digital technologies to expand its interests, potentially at the cost of the public good.

Another of Bunting’s projects, for instance, Own, Be Owned or Remain Invisible (http://www.irational.org/heath/_readme.html), takes a newspaper article about him and links most of the words to URLs of the format "http://www.WORD.com." A surprising percentage of the resulting links, such as "www.to.com" are established commercial domains. Over time, more and more of the words of the world’s languages will become "domained."

Daniel Garcia Andujar’s Technologies to the People™ (TTTP ) site hosts the project "Language (property)" (http://www.irational.org/daniel/TM/warning.html), which states simply: "Please take care with your language. The next sentences are trademarks. These trademarks are the property of their registered owners." It then lists phrases such as "Where do you want to go today?" (Microsoft), "The art and science of imagining" (Olympus), "Defining the digital future" (Sony), and "Seeing what’s possible" (Silicon Graphics) with links to the corporate owners’ (of the English language!) Web sites, where their trademark claim is identified. (Of course, many of the links have changed since the piece was launched, but that’s a different story.) For good measure, Andujar throws in a few phrases that TTTP has or would like to trademark, with links to the (faux) products he sells.

While this privatization of the public sphere is significant, it pales in comparison to what some predict in the near future. In an interview about his recent book, The Biotech Century: Harnessing the Gene and Remaking the World, Jeremy Rifkin argues:

Within the next eight years, thanks to the Human Genome Project, we will have mapped virtually all the genes that make up human life. And virtually every one of the genes will become the intellectual property of a life sciences company, either directly or under a licensing agreement. This means that these companies will actually own, at least for a period of years, the blueprint for human evolution: every single, gene, and chromosome.

Partly in response to this situation, in the spirit of appropriating mainstream formats for other purposes, Natalie Jeremijenko and Heath Bunting created an online zine, Biotech Hobbyist Magazine, "THE place on the Web for biotech tinkerers, builders, experimenters, students, and others who love the intellectual challenge and stimulation of hobby biotech !" (http://www.irational.org/biotech/) Mixing low tech graphics with some apparently serious information with planted letters to the editor with fake ads for real biotech companies, Biotech Hobbyist Magazine is a typical net.art joke that plays freely with the semantics of the Internet to call attention to the way that commercial concerns are undermining this virtual public sphere.

Real Life (Soap Operas)

From reality TV to People magazine’s cover story on Chelsea Clinton, from the Jerry Springer show to the Starr report, much of contemporary media can be seen as the outing of the private realm into the public sphere. On the Internet, the original Trojan Coffee Machine spawned jennicam, which spawned a truly biblical litany of progeny including curler cam, pet cam, fridge cam, Madagascar cockroaches cam, Continental Divide cam, among thousands of others, as well as Webcast birth, sex, marriage, and death. I expect to find out any day about a live tax cam of someone filling out their 1040 at 10:40 pm on April 15. If Don Delillo is one of our foremost chroniclers of this "white noise" of real life, then Elizabeth Diller and Ricardo Scofidio’s Refresh project is the White Noise soap opera of the Web (cam). (http://www.diacenter.org/dillerscofidio/index.html; see David Hunt’s essay elsewhere in this issue.)

The truth of the cam, however, is that like hotel porn, you almost never see anything. It is the idea that you might. A neverending, worldwide, 24x7 tease. Can it be long, however, before a guide on the Mining Company creates a site devoted to Web cam highlights called Reality Bytes, relieving us of the effort to do anything except click through archives of laugh track moments, just like real TV?

Data R U

The electronic mediascape is about to go through another resounding change of state. Telephone, computer networks, television and interactive gaming will be digital, and thus, connectable.
--Simon Penny

Before Matthew Brady’s photograph of Abraham Lincoln (http://198.67.74.211/usiaweb/usis/lin.htm), few people who voted for a political candidate knew what he looked like. Arguably, before what artist and media theoretician Simon Penny has called the "datasphere" or what Roger Clarke refers to as "dataveillance,"politicians have known what only a few of their supporters really "looked like". In an age of increasing interconnectivity and concomitant data mining, that is changing, as this revealing comment from an IRS official suggests:

If I knew what you've made during the year, if I know what your withholding is, if I know what your spending pattern is, I should be able to generate for you a tax return. I am an excellent advocate of return-free filing. We know everything about you that we need to know. Your employer tells us everything about you that we need to know. Your activity records on your credit cards tell us everything about you that we need to know. Through interface with Social Security, with the DMV, with your banking institutions, we really have a lot of information ... We could literally file a return for you. This is the future we'd like to go to.

Tony Jones’s Here's what I (and every site you've ever accessed) know about you: (http://www.wolfenet.com/~ajones/WhoYou.html), is a simple but effective demonstration of the minimum trail of data crumbs we leave wherever we go on the Internet. And this is just the tip of the iceberg.

Are we our data profiles?



http://www.jenni.org
http://www.irational.org/cctv
http://hi.eecg.toronto.edu/leonardo/
http://cadre.sjsu.edu/area210/



David H. Flaherty. "Visions of Privacy: Past, Present, and Future." http://www.oipcbc.org/publications/presentations/visions.html; Regarding the panopticon, see http://www.engl.uic.edu/~sosnoski/cr/TERMS/panoptic_surveillance.htm; James R. Hugunin, "Discipline and Photograph: The Prison Experience," The Peace Museum, 314 W. Institute Pl., Chicago, Illinois 13 September - 16 November, 1996. http://www.uturn.org/prishow2.htm
Flaherty, "The movement of all traffic in the City of London, twice bombed by the IRA, is monitored by a ring of 90 cameras which record the license plates of every vehicle entering and leaving its inner square mile. Any vehicle which does not leave the area within a specified time automatically triggers an alert. License numbers are checked against other databases such as those of stolen cars. Some cameras deployed there are so advanced that they can read the words on a cigarette packet from 100m." http://www.oipcbc.org/publications/presentations/visions.html; Robert Leggatt, "Oscar Barnack" http://www.kbnet.co.uk/rleggat/photo/history/barnack.htm
http://www.sel.sony.com/SEL/consumer/ss5/home/camcorder/camcorders8mmaccessories/plm-100_specs.shtml
See also Steve Dietz, "Digital Documentary: The Need to Know and the Urge to Show," pARTs Photographic Arts, December 15, 1998 - January 24, 1999. http://www.partsphoto.org/digidoc
Lest one think the Area 51 project is "all fun," Stallbaum and others have followed up some of the ideas behind the action with an important effort, "Joint Tactical Disinformation Distribution System," which is too extensive to go into here. See http://switch.sjsu.edu/web/v3n3/JTDDS/index.html.
Mark Derry, "Marshall McLuhan: The Medium's Messenger," Escape Velocity. http://www.levity.com/markdery/ESCAPE/VELOCITY/author/mcluhan.html
Robin Murphy, "Thoreau and Walking: Art and the Legal Ambiguity of the Internet," Virtual Museums on the Internet, panel on legal aspects sponsored by the ARCH Foundation, Salzburg, Austria, May 8, 1998. http://www.arch.at/museumvms/topics/frames_murphy.html
Blaise Zerega, "Keep Your Genes On." Red Herring April 1999, p. 82. For the Human Genome Project, see http://www.nhgri.nih.gov/HGP/
"Dataveillance is the systematic use of personal data systems in the investigation or monitoring of the actions or communications of one or more persons." Roger Clarke, "Information Technology and Dataveillance" (1988) http://www.anu.edu.au/people/Roger.Clarke/DV/CACM88.html#Surv
US Internal Revenue Service Document Processing System project manager Coleta Brueck, Computer Press Awards speech, April 15, 1994, as reported by John Levine in _Privacy_Forum_Digest_ http://www.azinet.com/Cool/eff.dat



Copyright 1999 by Steve Dietz