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49 Wake Forest L. Rev. 525

The Internet and Inequality: A Comment on the NSA Spying Scandal

Shannon Gilreath

In this Essay, I have three principal aims.  First, I reconceptualize what is really at stake in the debate over the collection and storage of the personal information of Internet users, particularly in the context of the large-scale surveillance of Americans by the U.S. government, recently revealed by former National Security Agency (“NSA”) contractor Edward Snowden.  I am suggesting in this Essay that privacy is not an adequate paradigm for understanding what is at stake in the question of government electronic surveillance.  Instead, I believe what is really at stake, if the NSA spying program goes unchecked, is nothing short of the American commitment to equality itself.  Second, I endeavor to frame the risk, thus identified, in terms of a historical and continuing technologization of oppression in the name of national security.  Finally, I outline some strategies for intervention and resistance.  While I use the particular dangers posed to Gays (the people about whom and for whom I always write) to prove my argument, the insights I provide here are relevant to all vulnerable minorities, all of whom have much to lose as the State’s oppressive capabilities increase exponentially via the Internet.

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Topics: Issue 2, Symposium – Internet Privacy Regulation
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