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One fundamental problem with the "nothing to hide" argument is that it makes several casual assumptions which should not be made. An alternate formulation of the saying is "why fear the truth if you have done nothing wrong", which is generally the sentiment of the "nothing to hide" sayings as well. However, the proper form of that saying should be "why fear the truth if you have done nothing the government dislikes". And this is on a much different stance than the others. The issue is not right or wrong, the government is not an absolute arbiter of morality, the issue is government power.

Consider how often and how recently in our own history there have been activities which have been illegal and yet not "morally wrong" as considered today. Aiding escaped slaves. Homosexuality. Inter-racial marriage. Abortion. And so forth.

Also note how I said "nothing the government dislikes" rather than "nothing illegal". And that's because when a government has broad sweeping powers, especially of surveillance, government agents can easily punish people and ruin people's lives regardless of whether their activities are illegal.

Our system of governance has been designed at its core to limit the powers of government. This is very much intentional because it is designed to allow government to enforce the laws only with the cooperation with the public at large. A government that can enforce laws independent of the will of the people is a government poised for the transition to tyranny.

There is a reason why the term "police state" is so reviled even though in itself it contains merely mechanical descriptions. And that is because even if a "benign police state" could exist the danger is far too great that the reins of power would be usurped by those seeking their own ends and their own advantages. And the most forceful way to avoid such a catastrophe is again to limit the power of the state.




Indeed. Consider someone is planning on going to an Occupy Wall Street protest. Say that the government is monitoring that persons emails and finds that the person wrote to a fellow protester: "man, fuck corporations, I can't wait to try and bring them down on xday." Now the people reading that private email decide that this message constitutes enough of a threat to act on. They send the police over to that guy's place on the day of the protest and have the police detain him for the rest of the day. They let him go once the protests wind down without incident.

Now I don't think anyone actually committed a crime in that scenario, but it is easy to see how such powers could be used to seriously hinder the democratic process.




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