Escolar Documentos
Profissional Documentos
Cultura Documentos
Surveillance
Dossier Editor Richard Maxwell
Çağatay Topal holds degrees from the Middle East Technical Univer-
sity in Ankara and is currently a doctoral candidate in the Department
of Sociology at Queen’s University in Kingston, Ontario, Canada. His
recent research papers include “The Proletariat of Empire or the Counter-
Empire of the Proletariat” and “Surveillance over Life-Production: Turk-
ish Migrant Workers in Germany.” His dissertation is titled “Surveillance
over Migrant Workers from Turkey in Germany: From Disciplinary Soci-
ety to Society of Control.”
Surveillance: Work, Myth, and Policy
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Richard Maxwell.
reduce the effort it took to watch over the carceral theater, automating the
effect of surveillance with its famous circularity, central inspection lodge,
and individuated cells. Less commentary has been spent on the layer of
under keepers, who Bentham said would not only subject the inmates to
more individuated inspections but who would themselves fall under the
watchful eyes of the chief inspector, or Director, as Bentham would sub-
sequently call him in the postscript to Panopticon. The “under keepers or
inspectors, the servants and subordinates of every kind,” wrote Bentham,
“will be under the same irresistible controul [sic] with respect to the head
keeper or inspector, as the prisoners or other persons to be governed are
with respect to them.” In Bentham’s plan, the under keepers would be more
responsive to those under their supervision. But it was precisely this close
encounter that enhanced the possibility of a “prisoner . . . appealing to the
humanity” of an inspector. Bentham could only promise to his interlocu-
tors—the potential funders of his panopticon—that the Director would
certainly see to it that the underlings did not succumb to such weakness:
“In no instance could his subordinates either perform or depart from their
duty, but he must know the time and degree and manner of their doing
so. It presents an answer, and that a satisfactory one, to one of the most
puzzling of political questions—quis custodiet ipsos custodes? ” (who will
watch the watchers?).
Today there are about 3 million people employed in the protective
services in the United States, as well as an estimated 82,000 intelligence
agents employed by the U.S. government. 3 These combined job categories
involve varying amounts of surveillance work, commonly defi ned as the
continual observation of an individual or group of people, and include
nearly 1 million security guards, over a million jailers and local police,
and tens of thousands of spies, game wardens, private investigators, detec-
tives, U.S. Marshals, FBI agents, drug enforcement agents, immigration
officers, border patrol agents, customs agents, secret service, as well as
public-safety employees (so-called fi rst responders working as police and
fi refighters). Virtually all of these jobs have come under greater scrutiny
since the attacks on New York City and Washington, DC, in Septem-
ber 2001, when the work of surveillance became a key problem for the
management of the U.S. political crisis. Starting with public criticism of
the interagency rivalries “built in” to President Truman’s 1947 National
Security Act, subsequent efforts to reorganize surveillance labor included
passage of the USA Patriot Act in 2001, the creation of the Department of
Homeland Security (DHS) in 2003, the Intelligence Authorization Act for
Fiscal Year 2004 (Patriot Act II), and The 9/11 Commission Report released
in the summer of 2004.4
The Patriot Act was passed hurriedly in the aftermath of the 9/11
2 Richard Maxwell
attacks by a stunned Congress that did not pay close attention to the act’s
content until civil liberties groups began to highlight its overreaching
authority to snoop on Americans and the fact that it did little to alter the
preexisting capabilities of domestic intelligence agencies to collect and
share information. The Patriot Act II enacted in early 2004 was a modi-
fied version of a controversial set of proposals circulated in 2003 that were
fi nally rejected by Congress after widespread public resistance. In this
version, the Federal Bureau of Investigation was granted wider power to
subpoena personal information from insurance companies, travel agencies,
real estate agents, stockbrokers, the U.S. Postal Service, jewelry stores,
casinos, car dealerships, and other “fi nancial institutions,” which were
thus incorporated into a larger surveillance industrial complex.5
The DHS was created at the urging of Congress in response to public
pressure to do something about the crisis in the national security system.
Initially resisted by the Bush administration, the DHS would unify and
coordinate twenty-two separate agencies and the work of over 180,000
federal employees. By unifying the surveillance workforce under the mas-
sive umbrella of the DHS, the U.S. government created new problems
of coordination, provided inadequate funding, and allowed the DHS to
reorganize the workforce in a way that made much of the surveillance work
harder while also undermining the federal employee unions’ institutional
support of the workers.6 Before discussing the DHS solution to the labor
problem, I consider in more detail The 9/11 Commission Report’s answers
to the failures of surveillance work in the United States, which the report
argues resulted from technical, legal, and human obstructions of informa-
tion flows.7
Presenting detailed reenactments of the training and surveillance work
carried out by the 9/11 hijackers, the report describes how administration
officials in both the Clinton and the current Bush administrations could
not comprehend the connection between events and reports of midlevel
inspectors in different agencies who, for the most part, were well aware of
the activities of those under their watch. The salient organizational prob-
lems were compartmentalization of surveillance work and poor informa-
tion management, a combination that created informational blind spots
that prevented inspection of the entire carceral theater of terrorism and
counterterrorism. The problem of compartmentalization became a crucial
predicate for the report’s most widely publicized recommendation that the
U.S. Congress create a “single, principle point of oversight of all surveil-
lance work related to national security.” 8 Responding as if to the ever-
looming presence of Orwell’s 1984, (libertarian) Right and Left pundits
attacked this recommendation, respectively, as “central planning” 9 and
“the fi nal ingredient for absolute power.”10 Meanwhile, factions within
4 Richard Maxwell
Despite the panopticon principle, the problem of surveillance labor
remains an unstable element in the foundation of the surveillance state.
The 9/11 commissioners acknowledge as much when speculating that
a well-tempered surveillance workforce will be less of an obstruction
and more productive of useful information flows. But if the past is any
guide, even productive surveillance labor can generate intelligence that
the supervisory machinery cannot consume or has historically consumed
to ill effect. The public record is rife with intelligence failures—political,
marketing, and economic—some failures were the stuff of farce, others
the cause of bloody tragedies. The 9/11 report nevertheless dreams of a
pastoral system that increases consumable intelligence in the day-to-day
surveillance of the lower orders.
When discussing the role of the overseer, the 9/11 report shifts from
the pastoral to the language of nation and sport. In their conclusion, the
commissioners ask: “Who is the quarterback? The other players are in
their positions, doing their jobs. But who is calling the play that assigns
roles to help them execute as a team?”18 In their Knute Rockne reading
of Hegelian dialectics the quarterback possesses the higher consciousness
of what history holds in waiting for the United States. The quarterback
in question will be a “National Intelligence Director,” one who needs
no pastoral care because he will be drawn from a special class already
endowed with the power and consciousness of the all-seeing sort. It will be
the job of this director to carry out one of the commission’s most bizarre
recommendations: “To fi nd a way of routinizing, even bureaucratizing,
the exercise of imagination” within his national surveillance team—the
sort of imagination that would foresee the unseen and unknown threats
to national security, which the report likens to thinking up scenarios that
one could fi nd in a Tom Clancy story.19
The panopticon principle of enhancing the Director’s virtual pres-
ence through a clever use of light and space in the centrical lodge gave
the Director a bit more freedom to enjoy his position of authority without
constant vigil over his underlings who, by contrast, are supposed to be
kept in thrall by the Director’s apparent freedom to control when and
where he will be watching them. The source of this design feature was
Orthodox Church architecture, which was confi gured to remind peasants
of their place in the cosmological order and give the clergy—the middle-
men between God and dirt—a symbolic power over their subjects via their
visibility as God’s active agents. 20 The peasants were mere spectators, who
passively watched from the nave, knowing “that God was judging and
watching over them.” 21
In the contemporary management structure proposed by the 9/11
commission, the National Intelligence Director works above the tier of
6 Richard Maxwell
of contention was privatization, or outsourcing of surveillance work to
private corporations. According to a report issued by the American Civil
Liberties Union in 2004, aptly titled The Surveillance-Industrial Complex:
How the American Government Is Conscripting Businesses and Individuals in
the Construction of a Surveillance Society, corporations have been enlisted
to make up for insufficient federal surveillance operations. 25 The insuf-
ficiencies involved politically imposed structural limits on the number of
surveillance workers the government was willing to employ and on the
funding the government was willing to provide for research and develop-
ment, as well as infrastructural improvements throughout the national
defense system. Another study showed that the Bush administration was so
reluctant to form the DHS that it not only bungled preparations for housing
the DHS—its headquarters ended up in a warehouselike building in an old
naval intelligence complex—but the administration ensured that funding
for the DHS would not expand much beyond what was effectively money
previously budgeted to the twenty-two agencies that comprised the new
Homeland Security behemoth. 26 Next to the amount of federal dollars that
bled into Iraq and the pockets of privateers like Halliburton and Bechtel,
the U.S. government was starving its own domestic surveillance opera-
tions. By outsourcing to private corporations, the Bush administration also
condoned the elimination of public oversight of certain counterterrorist
surveillance operations in the United States while it undermined whatever
role the federal unions representing surveillance workers might play in
development and deployment of surveillance technology.
Clearly, there was a conscious, politically motivated strategy to dis-
empower the lower strata of federal surveillance labor; it was not merely
an accident of an inept administration. The U.S. leadership targeted the
federal workers by adding into the Homeland Security legislation rules
to replace the old pay schedule for federal employees with a new merit or
performance pay system. This alone created new insecurity for workers
whose commitments to the job were tested rather than encouraged. The
U.S. leadership also allowed the DHS to impose a new human resources
system—with little negotiation in what is known as a “meet and confer”
process, which the DHS walked out of in August 2004. 27 The nature of
these changes led to an extraordinary standoff between the three major
labor unions representing surveillance workers and the DHS. On the one
side, the DHS and administration were touting the new efficiencies in
the way Homeland Security coordinated surveillance work in the United
States. 28 On the other side, the National Treasury Employees Union
(NTEU), the American Federation of Government Employees (AFGE),
and the National Association of Agriculture Employees (NAAE) greeted
the new DHS human resources system as an attack on collective bargain-
8 Richard Maxwell
concerns about weaknesses in the DHS’s national security organization
and its management structure, recalling that the post-9/11 whistle-blowers
in nonunion shops like the FBI were no longer working there. 33
These disruptions tell us something about the contemporary prob-
lem that surveillance labor poses for the state, in particular how the Bush
administration responded with a division of labor that hindered rather than
enhanced the work carried out by the lower strata of surveillance personnel.
The tensions between the workforce and the “higher orders” exacerbated
the political and ideological crises of national security. With its campaign to
assail federal surveillance labor, the Bush administration managed to devalue
frontline national security workers and alienate them from the state’s war
on terrorism (AFGE endorsed Kerry in the 2004 election). In addition, as
I have shown, the conditions of state-sponsored surveillance labor are no
longer solely determined by centralized state operations à la Big Brother. The
antistatist ideology of the Right—while contradictorily enlarging govern-
ment—has been driving work into the commercial sector with outsourcing
and privatization. This has further expanded private control over domestic
surveillance systems, reduced the power of unions, and encroached on public
oversight of funding and custody of the surveillance workforce. Though it
is too soon to know the impact of these changes, there can be little doubt
that this political economic realignment will increasingly determine the way
surveillance technology and labor are developed and deployed.
It is striking then how the general literature on surveillance has been silent
about the problem of surveillance labor and has had little on the whole
to say about the political economy of surveillance. One cause of this may
be what David Nye and others have called the technological sublime, in
this case the sense of the awesomeness of modern surveillance technology
that overwhelms and defi nes how we think about surveillance. 34 Surveil-
lance technology can be both conspicuous and innocuous in the travails
of daily life. The sublime response relies on and resides in the publicity of
the technology’s grandeur, whether the source is political or cultural com-
mentary, popular culture, architecture and urban planning, commercial
advertising, or scholarly writing. Once it becomes spectacle, surveillance
technology can dazzle and intimidate. But for surveillance technology to
overwhelm thought, a culture must embrace a living myth of the tech-
nology’s awesome, central presence, from its barefaced and breathtaking
forms to its unannounced operations within modern institutions. The
technological sublime exercises a powerful hold on the imagination.
10 Richard Maxwell
manufacturing cyberspace magic because much of its legitimacy is based
on identification with this future wave.”40 We can see this magic at work
in the 9/11 report. It is also there if we look more closely into the moment
of Porter Goss’s Oedipal embarrassment when his own children chided
him for lacking computer skills.41 The crucial mythos was not resid-
ing in his children’s attack but in the question of whether Goss (Bush
Minor’s fi rst choice to replace the feckless George Tenet as director of
Central Intelligence) would suitably fit the Olympian role of a DCI who
must manage those aspects of the “transcendent spectacle” that attends
to digitized supersurveillance power.42 This mythical role was amplified
by the 9/11 commission’s recommendations for a new chief inspector to
oversee surveillance management in the U.S. government, and then again
in an August 2004 executive order that gave the DCI expanded oversight
of some of the fi fteen intelligence agencies operated by the government.43
It remains to be seen what power, if any, the überinspector will exercise
over the privatized sector of domestic surveillance run by commercial
businesses.
The myths of the digital sublime and the metaphors that join them—
the library, road, bazaar, community, and narrative44 —not only shape
thought and debate about surveillance technology but also inform the
competing aspirations over how to use or disable it. Myths “can foreclose
politics, can serve to depoliticize speech,” says Mosco, “but they can also
open the door to a restoration of politics, to a deepening of political under-
standing.” Myths can be repoliticized if treated as prepolitical—that is,
as a starting place for a “critical retelling [and] a political grounding that
myths appear to leave out.”45
Myths of surveillance power have been increasingly politicized in anal-
yses of biopolitics, as exemplified by the contributors to this issue of Social
Text. In the lead essay, Michael J. Shapiro revisits the stories of bodies, sur-
veillance, and imperial violence from antiquity to the contemporary media
representations of war and sci-fi crime fi ghting, fi nding restive memories
disrupting the state’s dream of a quiescent populace. The system-serving
narratives of all-powerful surveillance enshrine the state’s capabilities for
successful governance by information management, but these are inevi-
tably shot through with weak plots and a stable of unreliable surveillance
workers: the heretical antiheroes, converts, and whistle-blowers. A con-
temporary manifestation of these instabilities can be found in the recent
success story of biometric surveillance and face-recognition industries.
Perhaps more than other pretenders, these folks have cashed in big on the
digital sublime, as Kelly A. Gates shows in her analysis of the emergence
of these predictable but powerful sectors of the informationalized political
economy in the immediate post-9/11 period. Drawing on the seductions
12 Richard Maxwell
tributors, Phillips challenges liberal notions of privacy for failing to grasp The fact of the
or contain the power of contemporary surveillance societies. He then
develops the concept of “resources of visibility and knowledge production” matter is that
to argue for ways to modify ubiquitous computing (ubicomp) systems
through the ethical allocation of these resources. Phillips draws on the workers, the
experience and political expediencies of “coming out” to fi nd alternative
under- and
ethical and political sources for distributing resources of visibility within
ubicomp systems. Phillips’s impulse to get into the workings of ubiquitous
disemployed, the
computing environments and away from the mythos of the digital sublime
questions how contemporary political economic alignments have trans- incarcerated, the
formed surveillance from a “resource of visibility” into a system-serving
economics of display. In this political economy the balance of power to homeless, and
control these resources tilts decidedly toward the state and capital. The
struggle to wrest control of these resources away from their current com- those dependent
manders turns our attention fi nally to the question of policy.
on welfare (most
14 Richard Maxwell
apartment, witnessing scenes of love, incest, fighting, sexual play, melan- Clearly, a
choly, and other intimacies belonging to her neighbors. She is sickened at
fi rst but then at the tender urging of her lover, who remarks, “You like to progressive
watch . . . don’t you,” she becomes rapt by the experience of omnipresence
and omniscience. The intended irony of the scene mixes toxically with her policy toward
horny fi xation on the screen, which is intercut with her lover’s gratified
surveillance or,
expression and shots of unwitting neighbors’ personal affairs.51
Makers of reality TV, for their part, invite us to internalize this eco-
to borrow from
nomics of display and to scorn whatever power privacy rights might prom-
ise, thus mitigating our resistance to surveillance. As Laurie Ouellette and Phillips, toward
Susan Murray have argued, reality TV increasingly relies on “the willing-
ness of ‘ordinary’ people to live their lives in front of television cameras. the allocation
We, as audience members, witness this openness to surveillance, normalize
it, and in turn, open ourselves up to such a possibility.” We learn “that of resources
in order to be good citizens, we must allow ourselves to be watched and
watch those around us. Our promised reward for our compliance within of visibility will
and support for such a panoptic vision of society is protection from both
outer and inner social threats.”52
be allied with
Clearly, a progressive policy toward surveillance or, to borrow from
movements
Phillips, toward the allocation of resources of visibility will be allied with
movements for enhanced civil liberties—tentatively and attuned to a class- for enhanced
oriented interpretation—and with an informed critique of technology and
the digital sublime as it circulates in the polity, among elites, and in the civil liberties—
experience and amusements of popular culture. But such policy can enrich
its ethical and political sources if it also accepts the simple premise that tentatively and
helped begin this essay: surveillance is work. Surveillance work is one of
the three essential mediums through which the technology develops, along attuned to a
with organized and informal antisurveillance social movements and the
political economic realignments that have installed information technol- class-oriented
ogy at the center of systemic crisis management. Work is also the means
interpretation
through which the technology is enabled. As Bentham knew well, the pan-
opticon is not an automatic machine—it relies on the internal discipline of
the under keepers’ behavior and the management of their humanity.
So in the end a Left policy must confront a risky choice: What are
the alliances the Left can make with the under keepers? The surveillance
workforce has been a centerpiece of system crisis management at home
and throughout the Imperium—all the protective service workers, sol-
diers, spies, and market researchers have played a role in the recent rear-
rangements of the imperial political economy. Surveillance labor was the
U.S. leadership’s scapegoat for increasing domestic surveillance, then its
predicate for the imperialist war in Iraq, then its heroes of national secu-
rity, though this last encomium disguised how the Bush administration’s
Notes
16 Richard Maxwell
ization of Western Intelligence Agencies,” International Journal of Intelligence and
Counterintelligence 14 (2001): 300.
4. Jay Stanley and Barry Steinhardt, Bigger Monster, Weaker Chains: The
Growth of an American Surveillance Society (Washington, DC: American Civil
Liberties Union, 2003), www.aclu.org/Privacy/Privacy.cfm?ID=11573&c=39
(accessed 27 August 2004); The 9/11 Commission Report: Final Report of the
National Commission on Terrorist Attacks upon the United States (Washington, DC:
U.S. Government Printing Office, 2004), 86, www.gpoaccess.gov/911/index.html
(accessed 4 August 2004).
5. Jay Stanley, The Surveillance-Industrial Complex: How the American Govern-
ment Is Conscripting Businesses and Individuals in the Construction of a Surveillance
Society (Washington, DC: American Civil Liberties Union, 2004).
6. Department of Homeland Security, Major Management Challenges Facing
the Department of Homeland Security (Washington, DC: Office of Inspector Gen-
eral, 31 December 2003).
7. 9/11 Commission Report.
8. Ibid., 421.
9. Richard A. Posner, “The 9/11 Report: A Dissent,” New York Times Maga-
zine, 28 August 2004. The libertarian Right’s ambivalent public stance to state-
sponsored surveillance gets a run for its money from the Orwell fans in the U.S.
government. In the midst of the cold war, the CIA’s Psychological Warfare Work-
shop employed future Watergate criminal E. Howard Hunt, who clandestinely
funded the purchase and production of the fi lms Animal Farm (1954) and 1984
(1956). See Karl Cohen, “The Cartoon That Came in from the Cold,” Guardian
(London), 7 March 2003.
10. Mike Whitney, “The 9/11 Commission and Civil Liberties: ‘We Need
an American Secret Police,’” Counterpunch, 2 August 2004, www.counterpunch
.org/whitney08022004.html. The Left has historically focused its critique on
state-sponsored surveillance, largely neglecting the privatization of surveillance
operations that were embedded in the wider political economic rearrangements
that have positioned information and communication technology at the center of
crisis management since World War II.
11. 9/11 Commission Report, 86. The exact amount of the intelligence budget is
hard to track. See www.whitehouse.gov/omb/budget/fy2005/budget.html. Accord-
ing to the Heritage Foundation, the “current level of overall spending on domestic
and overseas counterterrorism activities is unclear. OMB reported that for FY
2003 total funding on counterterrorism was about $54.9 billion. . . . This estimate
included funding for homeland security and counterterrorism operations overseas.
Subsequently, OMB estimated homeland security funding at $42.5 billion. This
would make overseas counterterrorism operations for FY 2003 at about $12.4 bil-
lion.” See Office of Management and Budget, “2003 Report to Congress on Com-
bating Terrorism,” 9 September 2003, www.whitehouse.gov/omb/inforeg/2003_
combat_terr.pdf and www.heritage.org/Research/HomelandDefense/bg1767
.cfm#pgfId-1123798. Current estimates by the Heritage Foundation suggest
that 57 percent of the $40 billion budgeted for domestic intelligence goes to
the Department of Homeland Security (www.heritage.org/Research/Features/
Issues2004/HomeSecurity.cfm). See also Matthew Brzezinski, “Red Alert,”
Mother Jones, no. 5 (2004): 39.
12. For a look at the commission’s “cop-outs,” see Matthew Rothschild,
“Who’s to Blame for September 11?” Progressive, no. 9 (2004): 45–48.
13. 9/11 Commission Report, 418.
18 Richard Maxwell
35. Ibid., 23–24.
36. 9/11 Commission Report, 88.
37. Jim DeFede, “Mining the Matrix,” Mother Jones, no. 5 (2004): 17–18.
38. Mosco, Digital Sublime, 24.
39. This should be modified when considering the fundamentalist Christian
factions within the U.S. leadership. Former Attorney General John Ashcroft, for
one, may have thought of cyberspace as his hunting ground. But as a member of
the Assemblies of God Church, he knows that his work is subordinated to the big
eye in the sky. For example, see the lesson on cybersex posted on the Assemblies
of God Web site: “Cybersex feels safer than buying pornographic magazines, visit-
ing your local adult movie store, or having your pornography delivered in a plain
brown wrapper. It feels like you are alone and nobody sees what you are doing. Yet
we know that our Heavenly Father sees everything and is grieved when He sees
us secretly committing these sins” (enrichmentjournal.ag.org/200101/0101_144_
cybersex.cfm [accessed 6 August 2004]).
40. Mosco, Digital Sublime, 43.
41. “Moore Embarrasses New CIA Chief,” BBC News, 12 August 2004,
news.bbc.co.uk/go/pr/fr/-/2/hi/americas/3560484.stm.
42. Mosco, Digital Sublime, 41.
43. 9/11 Commission Report, 399–428; Douglas Jehl and Philip Shenon, “Bush
Preparing to Bolster CIA Director’s Power,” New York Times, 27 August 2004.
44. Mosco, Digital Sublime, 51–53.
45. Ibid., 16.
46. Nicholas Garnham, “Information Society Theory as Ideology,” Loisir
et Société, no. 1 (1998): 97–120; reprinted in The Information Society Reader, ed.
Frank Webster (London: Routledge, 2004), 165–83.
47. American Civil Liberties Union, Privacy in America: Electronic Monitor-
ing, Washington, DC, October 2003, www.aclu.org/Privacy/Privacy.cfm?ID=
14170&c=132 (accessed 6 August 2004). For an overview, see Stanley and Stein-
hardt, Bigger Monster, Weaker Chains.
48. Michael Zweig, “Welcome to the Working Class!” New York Times, 13
July 2002.
49. U.S. Department of Justice Bureau of Justice Statistics, “Prison Statis-
tics,” www.ojp.usdoj.gov/bjs/prisons.htm (accessed 1 September 2004); for sta-
tistics on homelessness see www.nationalhomeless.org.
50. Chetna Purohit, “Technology Gets under Clubbers’ Skin,” CNN, 9
June 2004, www.cnn.com/2004/WORLD/europe/06/09/spain.club/index.html
(accessed 6 August 2004).
51. Outside the mainstream Hollywood fare, we can fi nd more interest-
ing examples of this eroticization of surveillance in such fi lms as Bad Timing: A
Sensual Obsession (1980) and Sex, Lies, and Videotape (1989). See Toby Miller,
Spyscreen (New York: Oxford University Press, 2003). And, of course, the resolu-
tion of Orwell’s 1984 fi nds the newly well-tempered Winston Smith at peace with
his condition after he has learned to love Big Brother above all other loves.
52. Laurie Ouellette and Susan Murray, introduction to Reality TV: Remak-
ing Television Culture, ed. Ouellette and Murray (New York: New York University
Press, 2004), 6.
53. Stanley, Surveillance-Industrial Complex.
Every move you make, every vow you take, I’ll be watching you. Michael J. Shapiro
—The Police
The Shibboleth
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
sees as being transcended, has been complicit with the hypersecuritization,
with its increasingly global reach.
Under the Patriot Act of 2001, levels of surveillance have been
intensified, and the surveilled body’s danger-related identity has been
greatly extended. Its corporal boundaries constitute a mere core of a
system of acts with considerable territorial extension, acts constituted
with attention to the surveilled body’s money trail (e.g., purchases and
donations), its library borrowing, its telephone conversations, its Internet
travels, and its patterns of consumption, among other things. Two political
issues are involved in those historical moments of securitization and
militarization when bodies become subject to increased tracking and
coercive management. The most manifest one is a process of distinguishing
friends and enemies, the primary function of “the political,” as politics is
famously theorized by Carl Schmitt.
However, there is another, more complex way of constituting the
identities evoked during intense periods of violent political contention.
We can view the politics of identity as, among other things, a struggle
between those seeking to control, eliminate, or impose meanings on bodies
and the bodies themselves, understood as active agents impelled by their
own willed and unconscious determinations. What is involved in such
struggles is nothing less than the intersection of physical bodies, applied
technologies of surveillance, and episodes of altered political will deployed
by governments and alternatively assisted and resisted by the governed.
For example, in reaction to FBI surveillance of Internet searches and book
borrowing at libraries under the Patriot Act: “Librarians have taken a lead
in speaking out on the issue . . . [and] in January [2003] the American
Library Association passed a resolution calling sections of the law ‘a
present danger to the constitutional rights and privacy rights of library
users’ and asking Congress to step up oversight of its implementation.”3
To appreciate the fi nite historical forces at work within the present
intensification of surveillance and the technological and political contexts
within which that intensification is enacted, one needs to look at past
instances against which the peculiarities of the present circumstances
can be highlighted. Accordingly, I begin with one of the earliest recorded
circumstances, reported by the scribes of the book of Judges, a high-
stakes moment of surveillance that involved oral conversations. In chapter
12, verses 4–6 of Judges, there is an encounter between Gileadites and
Ephraimites. Shortly after Jephthah, “a mighty man of valor” (albeit an
exiled son of Israel because he was the “son of a harlot”), was recruited
as a captain of Israel in a war against the Ammonites, he and his army got
into a quarrel with the Ephraimites. Angry about not having been called
22 Michael J. Shapiro
to serve in the war against the Ammonites, the Ephraimites attacked
Jephthah and his Gileadite army, only to be soundly defeated and thence
to be regarded as enemies of Israel.
After the battle the Ephraimite survivors tried to cross the Jordan and
blend in with the rest of the people of Israel. Although they were apparently
visually undistinguishable, they had a distinctive style of speech, which
gave them away. As is noted in verses 5 and 6, “When those Ephraimites
which were escaped said, let me go over; . . . the men of Gilead said unto
him, art thou an Ephraimite? If he say Nay; Then said they unto him, Say
now Shibboleth: and he said Sibboleth: for he could not frame to pronounce
it right. Then they took him and slew him at the passages of Jordan: and
there fell that time of the Ephraimites forty and two thousand.”
Ever since, shibboleth has been a term applied to passwords, especially
to words used for voice-based surveillance. For example, during World
War II, the Dutch underground resistance made suspected German spies
pronounce the name of Sceveningen, a coastal city near Den Hague. This
was a shibboleth that even the most Dutch-fluent Germans could not say
correctly. Like the unfortunate Ephraimites, they could not “frame to
pronounce it right.”
The “frame” expression can be given a more abstract and technical
specification in order to locate the pronunciation difficulty within a
historical trajectory of relationships between surveillance technology and
bodies. The Ephraimites who engaged in the unsuccessful phonatory acts
were trying to manage what the linguist Roman Jakobson refers to as the
“two sides” of the sign: the sound, which is “the material side,” and the
meaning, which is “the intelligible side.”4 It was the fi rst side that proved
fatal. While the Ephraimite participation in the conversations worked as
mutual intelligibility, their inability to make the precisely correct sounds
doomed them. Anatomically speaking, in shaping the acoustics of the
word, their tongues failed to divide “the resonator . . . of the mouth cavity”
correctly. To locate this fi nite historical episode within a general conceptual
frame, we see an encounter between two levels of the social order—bodies,
which are materially specified in terms of the phonatory capacities, and
a politically evinced and administratively coordinated model of identity-
difference. With this initial framing of the politics of surveillance in
view, we can turn to a much later historical episode of militarization and
surveillance to move toward a more historically acute elaboration, one
sensitive to a genealogy of surveillance technologies.
24 Michael J. Shapiro
ciated with that threat was surveilled by the network of spies recruited to
curtail domestic subversion. Many English Catholics and many associated
with Spain were turned into traitors.
As is the case with the contemporary intensification of military adven-
turism and domestic surveillance, the Cecilian regime was concerned with
legitimating its imperial sovereignty. The primary genres used to evince
ideological support for the extensive militarization taking place were the
book and the pamphlet, carrying “military treatises” and “pro-military
propaganda,” respectively.11 But on the side of a generalized encourage-
ment for England’s imperial expansion, arguably no genre or set of texts
was more influential than Richard Hakluyt’s treatises: Discourse on Western
Planting (1584) and Principal Navigations, Voyages, and Discoveries of the
English Nation (1589). In Discourse on Western Planting, Hakluyt juxta-
poses England’s global role with that of Spain, inveighing against Spanish
tyranny in “the New World” and suggesting a more effective commercial
English version of global hegemony.12 Hakluyt also saw global economic
and military expansion as a way to manage the domestic population. The
colonies, he said, would be a place where England’s “waste people” and
“idle people” could be employed to avoid the damage they would otherwise
do at home.13
Hakluyt’s travel narratives helped articulate the cartographic change
of the new, expansive England. He was among those involved in “the
articulation of England itself,” celebrating English navigation, on the one
hand, and promoting its expansion, on the other.14 And because Hakluyt’s
views of the nation’s domestic issues and its imperial aspirations were
congenial to those of the ruling elite, he was sponsored by that elite.15 How-
ever, Hakluyt’s nation- and empire-building texts (and the other complicit
books and pamphlets), which were absorbed into the Cecilian regime’s
cultural governance strategies, were not the only genres addressing the
newly militarized and surveillant state. Elizabethan drama was signifi -
cantly implicated in both affi rming and criticizing the Cecilian regime’s
domestic terrorizing of the population as well as its foreign adventures.
The dramatist most famously involved in the regime’s terror and milita-
rization was Christopher Marlowe. On the basis of equivocal evidence,
it has often been assumed that Marlowe, who was patronized by Francis
Walsingham’s cousin Thomas, participated in the regime’s covert spying
activities.16 Moreover, the traditional reading of his play The Massacre at
Paris (1592) sees it as an unequivocal and passionate expression of horror
about the slaughter of Huguenots by French Catholics. But others see a
subversive element in the play, for example, Curtis Breight’s point that it
“deploys Catholic propaganda written not by the French Catholic league
but by English Catholic exiles [in a] direct and powerful attack on the
26 Michael J. Shapiro
rity practices present a new challenge to the narrative. In addition to Certainly, the
a growing use of military technologies for crime fi ghting, domestically
and abroad (for example, in U.S. antinarcotic assaults in Colombia), the paper trail and
post-9/11 developments in “homeland security” and the elaboration of a
domestic intelligence network, which reconfigures CIA and FBI investi- its electronic
gatory functions, permits unprecedented levels of domestic surveillance
realization in the
(under the Patriot Act of October 2001) and insinuates military tribunals
into the domestic juridical network in the United States. Ultimately, the
form of computer
current security and intelligence policies dissolve many of the former
distinctions between domestic crime fi ghting and global warfare.19 files remain
Along with the territorial ambiguities that the new warfare-as-crime-
fi ghting entails, a new biopolitics is emerging. The criminalization of significant, but
military adversaries has been accompanied by a biometric approach to
intelligence and surveillance. The significance of this change becomes the new modes of
evident if one contrasts Giddens’s treatment of the surveillance technolo-
gies that paralleled the modern state’s monopolization of violence with the warfare-as-crime-
current ones. Throughout his discussion Giddens refers primarily to the
use of paper trails. He begins with a treatment of the state’s use of writ-
fighting involve
ing, proceeds to the state’s “coding of information,” and concludes with
the development
some observations about cultural governance, the sponsoring of printed
materials, not only for surveillance but also for enlarging the scope of the of a biological
public sphere. 20 Certainly, the paper trail and its electronic realization in
the form of computer fi les remain significant, but the new modes of war- rather than
fare-as-crime-fi ghting involve the development of a biological rather than
merely a paper trail, as new genetic tracing discoveries are being recruited merely a paper
into intelligence gathering.
Is the biometric, designer weapon far behind? Anticipating the role of trail, as new
biometric coding in futuristic forms of warfare, the science fiction writer
William Gibson began his novel Count Zero with this passage: “They genetic tracing
set a SLAMHOUND on Turner’s trail in New Delhi, slotted it to his
discoveries are
pheromones and the color of his hair. It caught up with him on a street
called Chandni Chauk and came scrambling for his rented BMW through
being recruited
a forest of bare brown legs and pedicab tires. Its core was a kilogram of
recrystallized hexogene and fl aked TNT.”21 Thanks to advanced cloning into intelligence
technology in Gibson’s futuristic war world, “Turner” is reassembled
from some of his own parts and some others (eyes and genitals bought on gathering.
the open market). He lives on as the novel’s main character, a commando,
operating in a war over research and development products.
Whether or not the military logistics of biometric warfare is now
underway, the surveillance dimension is being rapidly developed. And the
use of pheromones in the Gibson account is technologically anachronistic.
The technology of DNA tracing, now well developed, is complementing
28 Michael J. Shapiro
Minority Report
30 Michael J. Shapiro
exploiting the gaps in the apparatuses of capture, the subversiveness of
Anderton’s body is also a function of a fi lm form that opposes the body
to the narrative. As Vincent Amiel notes, the tendency of classical cinema
was to give in to the economy of narrativizing, to use bodies as vehicles
for a story and thereby to abandon the body’s density for the exclusive
profit of functionality, that is, leaving the body “at the service of narrative
articulations, precisely disencarnate.”32 But in much of contemporary
cinema (and Spielberg’s Minority Report is an exemplar), “the idea is
for cinema to dis-organ-ize the body, by means of revealing the notion/
destiny of a coherent and unitary organism imposed into the body, by
means of revealing its fragmented nature, by extracting it from the ‘yoke
of unity and consciousness, by giving it back the complexity of its own
determinations.’”33
The Deleuzian political inspiration to resist the apparatuses of capture
is therefore enacted in Minority Report. But even those Hollywood fi lms
that appear to support the politics of surveillance and capture contain
subversive elements. For example, although the Jerry Bruckheimer/Ridley
Scott treatment of the U.S. intervention in Somalia, Black Hawk Down
(2001), drew optimistic administration support (the Washington premiere
was attended by Secretary of Defense Rumsfeld and Vice President Cheney),
the fi lm does not unambiguously provide the romantic soldatesque that the
administration expected. 34 Although the fi lm portrays an (unsuccessful)
attempt to eliminate a political leader involved in violence unfavorable to
American interests (now part of the administration’s war agenda), it does
not clearly valorize the policy or the attempt. Certainly, its version of good
guys (American soldiers engaged in resolute duty, and often heroic mutual
support), and bad guys (murderous Somali mercenaries) plays into the
administration’s hands, but, at the same time, no clear point of view on
the policy or its failed implementation strikes the viewer.
An even earlier movie with a clearer stance on imperial overreach
has attracted the attention of the U.S. military apparatus. As Michael
Kaufman reports: “Challenged by terrorist tactics and guerrilla warfare
in Iraq, the Pentagon recently held a screening of The Battle of Algiers
[1965], which, ironically, was popular among anti-Vietnam War activists
in the 1960s.”35 The fi lm’s historical gloss on the war between the colonial
French military and Algerian nationalists moved many viewers to identify
with Ali La Pointe, the leader of the urban part of the struggle, the network
of resistance in the Casbah in the city’s Muslim section. In contrast, the
Pentagon viewers were fi xated on the instruments of repression—torture,
among others—used by the French military to extract information about
enemy operations. However, as was the case with Black Hawk Down, the
recent rerelease of The Battle of Algiers is open to other ways of seeing.
Notes
1. Michel Foucault, The History of Sexuality, trans. Robert Hurley (New York:
Pantheon, 1977), 139, 143.
2. Giorgio Agamben, “Security and Terror,” trans. Carolin Emcke, Theory
and Event 5 (2000) at micro189.lib3.hawaii.edu:2146/journals/theory_and_event/
v005/5.4agamben.html.
3. Judith Graham, “Library Users Warned of FBI Spying,” Honolulu Adver-
tiser, 6 April 2003.
4. Roman Jakobson, Six Lectures on Sound and Meaning, trans. John Mepham
(Cambridge, MA: MIT Press, 1978), 1.
5. Curtis C. Breight, Surveillance, Militarism, and Drama in the Elizabethan
Era (New York: St. Martin’s, 1996), 50. I do an extended analysis of the Elizabe-
than case in Michael J. Shapiro, Methods and Nations: Cultural Governance and the
Indigenous Subject (New York: Routledge, 2004).
6. Nikolas K. Gvosdev and Anthony A. Cipriano, “Patriotism and Profit Are
Powerful Weapons,” Honolulu Advertiser, 21 July 2002.
7. Jeff Gerth and Don Van Natta Jr., “In Tough Times a Company Finds
Profits in Terror War,” New York Times, 13 July 2002.
8. Breight, Surveillance, Militarism, and Drama in the Elizabethan Era, 31.
9. Ibid., 57.
10. Philip Corrigan and Derek Sayer, The Great Arch (New York: Blackwell,
1985), 49.
11. Breight, Surveillance, Militarism, and Drama in the Elizabethan Era, 59.
12. See Richard Helgerson’s treatment of Hakluyt in Forms of Nationhood
(Chicago: University of Chicago Press, 1992).
32 Michael J. Shapiro
13. Breight, Surveillance, Militarism, and Drama in the Elizabethan Era, 33.
14. Helgerson, Forms of Nationhood, 152.
15. Rewarding his complicity with the cultural governance of the Cecilian
regime, Walsingham, the head of the state spy network (to whom Hakluyt dedi-
cated the initial edition of Principal Navigations), “bore or at least arranged part
of the expense of the publication.” Sir Robert Cecil was one of Hakluyt’s patrons
to whom subsequent editions of Principal Navigations were dedicated. The histori-
cal details and quotations are from “Hakluyt, Richard,” in Catalog of the Scien-
tific Community at es.rice.edu/ES/humsoc/Galileo/Catalog/Files/hakluyt.html,
accessed 16 December 2004.
16. Breight, Surveillance, Militarism, and Drama in the Elizabethan Era, 127.
17. Some see Shakespeare’s play differently, however. For example, Richard
Helgerson reads Shakespeare as a loyal monarchist, arguing that the plays mani-
fest a doubleness. They show “kingship in a narrative and dramatic medium that
not only displayed power but revealed the sometimes brutal and duplicitous
strategies by which power maintained itself.” They both celebrate authority and
“bear a subversive potential” while playing to audiences that included everyone
from commoners to kings. But for the “discursive community” of the theater,
which, Helgerson states, was “far removed from the councils of power,” the plays
(especially in Shakespeare’s case) were not subversive but rather “contributed at
once to the consolidation of central power, [and] . . . to the cultural division of
class from class” (Helgerson, Forms of Nationhood, 244–45).
18. Anthony Giddens, The Nation-State and Violence (Berkeley: University of
California Press, 1985), 192.
19. For example, on 10 June 2002, the New York Times reported the arrest of
an American citizen, whom the U.S. attorney general alleged to be an al-Qaeda
operative (James Risen and Philip Shenon, “U.S. Says It Halted Qaeda Plot to
Use Radioactive Bomb”). Commenting on this citizen’s legal status, Ashcroft
said, “[He is an] enemy combatant. . . . We have acted with legal authority both
under the laws of war and clear Supreme Court precedent, which establishes that
the military may detain a United States citizen who has joined the enemy and
has entered our country to carry out hostile acts” (“Ashcroft’s Announcement,”
Associated Press, 10 June 2002). Deputy Secretary of Defense Paul F. Wolfowitz
said in a press conference at the Justice Department that the suspect, Mr. Al-
Mujahir, was being held by the Department of Defense “under the laws of war”
(U.S. Department of Defense News Transcript, 10 June 2002, www.defenselink
.mil/transcripts/2002/t06102002_t0610dsd.html).
20. Giddens, Nation-State and Violence, 47, 179.
21. William Gibson, Count Zero (New York: Ace, 1987), 1.
22. Dexter Filkins, “U.S. Is Studying DNA of Dead Al Qaeda and Taliban
Combatants,” New York Times, 15 March 2002.
23. David Johnson, “Law Change Sought to Set up DNA Databank for
Captured Qaida Fighters,” New York Times, 2 March 2002.
24. David E. Sanger, “Bush to Formalize a Defense Policy of Hitting First,”
New York Times, 17 June 2002.
25. Rick Lyman, “White House Sets Meeting with Film Executives to Discuss
War on Terrorism,” New York Times, 8 November 2001.
26. Caryn James, “TV’s Take on Government in a Terror-Filled World,” New
York Times, 30 April 2002.
34 Michael J. Shapiro
Biometrics and Post-9/11 Technostalgia
Of all the dramatic images to emerge in the hours and days following Kelly A. Gates
the September 11 attacks, one of the most haunting was a frame from
a surveillance-camera video capturing the face of suspected hijacker
Mohamed Atta as he passed through an airport metal detector in Portland,
ME. Even more chilling to many security experts is the fact that, had the
right technology been in place, an image like that might have helped avert
the attacks. According to experts, face recognition technology that’s already
commercially available could have instantly checked the image against
photos of suspected terrorists on fi le with the FBI and other authorities. If a
match had been made, the system could have sounded the alarm before the
suspect boarded his fl ight.
—Alexandra Stikeman, Technology Review
The idea that computerized face recognition may have helped avert the al-
Qaeda terrorist attacks was perhaps the most ambitious claim circulating
about biometric identification technologies in the aftermath of September
11. Along with the enormous flood of imagery of the day relayed in the
news media were the out-of-focus surveillance-camera images of two of
the alleged attackers. The recorded video image from the airport in Port-
land that appears to show Mohammad Atta and Abdulaziz Alomari pass-
ing through airport security is a familiar part of 9/11 iconography. It is
virtually impossible to reference this image without also invoking the claim
that facial recognition technology could have identified the men in the
image as wanted terrorist suspects. Already existing commercially avail-
able technology, according to this regretful yet strangely hopeful asser-
tion, “could have instantly checked the image against photos of suspected
terrorists.” Technologies that use digital readings of the face to identify
individuals could have saved the United States from the worst terrorist
attack in its history.
The precise origin of the claim is hard to identify; it seemed to spring
forth simultaneously from multiple sources. If it fi rst came from a biomet-
rics industry representative, like oft-quoted Visionics CEO Joseph Atick, it
was quickly embraced and repeated by other public voices who felt sure it
was true.1 This possibility was the basis for hearings held on Capitol Hill
following 9/11. On 14 November 2001, the Technology, Terrorism and
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
Government Information Subcommittee of the Senate Judiciary Commit-
tee held a hearing, “Biometric Identifiers and the Modern Face of Ter-
ror: New Technologies in the Global War on Terrorism.” In her opening
remarks, Senator Dianne Feinstein (D-CA) asked, “How could a large
group of coordinated terrorists operate for more than a year in the United
States without being detected, and then get on four different airliners in a
single morning without being stopped?” The answer, she noted, “is that
we could not identify them.” Voicing again the assertion that had become
part of the repertoire of public responses to the 9/11 events, she said, “In
the case of at least two of the hijackers authorities had pictures of them as
suspects prior to the attack, and airport cameras actually photographed
them. But because these cameras didn’t use facial biometric systems,
security was not alerted and the hijackers remained free to carry out their
bloody plans.”
The idea that the events of 9/11 could have been prevented with the
sophisticated technological products of modernity is laden with what Pat
Gill has called “technostalgia”: the desire to revise the past to redetermine
the present, at the same time admitting the impossibility of this endeavor. 2
The claim might be said to embody a collective psychological need to
believe that the nation was not as vulnerable as it appeared, that our tech-
nological sophistication remains unscathed and in fact would have stopped
the men had it been in place. This technostalgic longing to revise the past
provides a paradoxical sort of origin myth for facial recognition technology.
In the post-9/11 context, the technology emerges as an already existing,
reliable, and high-tech solution to the newest, most pressing problem facing
the nation. This move effectively erases the history of these technologies,
even as it inserts them fully formed into the past. What is effectively erased
is the fact that well before 9/11, a whole set of social actors was engaged in
ongoing struggles and negotiations over the development and deployment
of this technology. While it was not already fully formed and ready to iden-
tify the nation’s post–Cold War enemy Other, it was already “embedded
in and shaped by a rich web of cultural practices and ideas.”3
I explore this web, unpacking the black box of facial recognition
technology.4 The analysis is informed by scholarship that examines the
emergence of new media technologies in both contemporary and histori-
cal contexts.5 Facial recognition technology is itself a form of new media,
relying as it does on media technologies like photography, video, and
computer hardware and software. It is also being bundled or integrated
with other new media, including the Internet and computer networks. In
other words, facial recognition and other biometrics are literally becoming
components or actors in new media assemblages. The central questions
that guide this analysis come from studies of new media, namely, why
36 Kelly A. Gates
facial recognition, why now, and what is “new” about this technology?
In his study of television as both a technology and a cultural form, Ray-
mond Williams advocated an analysis that “would restore intention to the
process of research and development. The technology would be seen . . .
as being [envisioned] and developed with certain purposes and practices
already in mind. At the same time the interpretation would differ from
symptomatic technology [i.e., studies that view technology as in essence
an effect of a particular social order] in that these purposes and practices
would be seen as direct: as known social needs, purposes and practices to
which the technology is not marginal but central.”6
My aim here is to restore intention to the process of research and devel-
opment of facial recognition technology. This effort requires rescuing it
from post-9/11 technostalgic narratives and recapturing some of its history.
I discuss late-nineteenth-century ancestors to biometrics, early research
on machine recognition of faces in the 1960s, and the growing state and
private interest in the technology during the 1990s. The early emergence of
face recognition as part of the state surveillance apparatus and as marketed,
commercially available products takes place in the post-Soviet/post–Cold
War decade of the 1990s. Its arrival on the scene happens alongside and
in relation to the spread of the Internet and computer networking, neo-
liberal economic policies like NAFTA and the 1996 Telecommunications
Act, and the enormously publicized public-private competition to map
the human genome, creating a universal digital representation of human
essence. Biometrics embody a digital mode of representing the body, and
techniques of digitalization are enlisted to lay a particular claim to truth
about the relationship between the body and identity.7 By automating the
process of connecting bodies to identities and, in some cases, distribut-
ing that identified body across computer networks for specific purposes,
biometrics can control access to the benefits of citizenship, to the national
territory, to information, to computer networks themselves, to transpor-
tation systems, and to specific spaces of consumption and safety. Facial
recognition and biometrics must be located fi rmly within their historical
and cultural context of emergence, with particular attention to the ways
these technologies are being enlisted to control access to the spaces and
information of value in the digital age.
38 Kelly A. Gates
been the immensity of the archival and administrative effort necessary to
achieve universal identification, especially given the hybridity of popula-
tions and their perpetually changing compositions. The task of identifying
each individual consistently and reliably across time and space has been
difficult even with the most static of populations, and as subject popula-
tions grow in size they inevitably complicate systems of identification such
that controlling individual identities becomes an enormous bureaucratic
challenge for even the most organized and informationalized apparatus.
Biometrics are not the fi rst technical effort to connect bodies to identi-
ties. Several key nineteenth-century developments in identification systems
evidence a perceived need to use the body itself as a marker of identity
at that time of modern state expansion. These included the application
of photography for identification purposes, the relatively short-lived and
sporadically applied method of anthropometry, and the much more suc-
cessful and enduring scientific method of dactyloscopy, or fi ngerprinting.
While these efforts to devise identification systems were motivated by the
problem of identifying criminals and criminal recidivists, the imperative
to identify criminals, and the systems elaborated to do so, overlapped with
systematic state efforts to identify and distinguish between citizens and
noncitizens. In the United States, as elsewhere, fear of criminals and fear
of foreigners blended into one another, particularly as “nativists” stereo-
typed immigrants as inherently criminal.11 According to Jane Caplan and
John Torpey, “Police practices in the [late nineteenth and early twentieth
centuries] asserted a more specialized domain of authority over criminal
identification and detection, which became a crucial site for further iden-
tificatory and supervisory developments that were then reappropriated into
universal systems of civil identification.”12 This is not to say that identifica-
tion systems were deployed universally for the identification of all citizens;
while such projects were certainly conceived, such a massive undertaking
probably would have exceeded the administrative capacities (and interests)
of the state. Still, systems devised for criminal identification, including
photography, anthropometry, and dactyloscopy, were employed in vari-
ous contexts for identifying entrants to state territory; such systems lent
themselves to targeted procedures for identification outside the realm of
criminal identification, strictly defi ned.
The invention of photographic portraiture was enlisted to enhance
or “modernize” identification systems virtually from its very inception,
and this use of photography shaped both the development of the medium
and its cultural significance. Photographic portraiture carried with it
utopian visions about the possibilities of photography’s realist representa-
tional capacity. Its emergence coincided and interacted with the growing
professionalization of policing and the introduction of “expert” sciences
40 Kelly A. Gates
examined extensively by such scholars as Alan Sekula, Martine Kaluszyski,
and Anne Joseph, the science and system of anthropometry were used spo-
radically by emerging police and state programs to identify criminals and
other “undesirables.”17 Bertillon’s anthropometry involved the meticulous
measurement and description of individual bodies, records that were then
stored in archives according to a highly organized system that allowed
for easy retrieval. According to Sekula, the central artifact of Bertillon’s
system was not the camera but the fi ling cabinet, a “bureaucratic-clerical-
statistical system of ‘intelligence.’”18 Bertillon’s anthropometry involved
not just measuring and documenting faces and bodies but also classifying
those measurements and documents according to an intricate scheme that
allowed for more efficient retrieval, a necessity for effective identification
and a precursor to the computerized and networked database. The archive
promised to provide “a standard physiognomic gauge of the criminal” and
to “assign each criminal body a relative and quantitative position with a
larger ensemble.”19 Proponents made a considerable effort to invest anthro-
pometry with legitimacy and to position it as a credible, scientific solution
to criminal recidivism and other problems of identification—problems
that the expanding modern state was beginning to address systematically.
According to Sekula, Bertillon’s was the fi rst rigorous system for archiving
and retrieving identity, projects that became central to the state’s admin-
istrative apparatus.
Other innovative actors conceptualized systems for coding and dis-
tributing the identified body across existing information networks in order
to extend the state’s authority to defi ne its citizens and territorial control.
Matt Matsuda describes two systems developed by early-twentieth-century
doctors in France for transforming bodies into coded numerical references
and circulating those references as a system of signals via telegraph. 20 One
was Dr. A. Motet’s method, which involved “attributing to each individual
physical feature . . . a classifying number based on the recognized elements
most characteristic of their physical person, and inscribed in some ways
upon their organ.”21 Anthropometric measurements, physical descriptions,
and photographic portraiture would be translated into reference codes for
easy distribution across telegraph networks to identify vagabonds and other
problematic bodies. While such a system was never fully institutionalized,
it was clearly conceptualized well before computerization, digitization, and
electronic information networks provided new possibilities and new areas
of need for storing and distributing representational forms of bodies and
their corresponding identities. Computerized forms of bodily identification
are in many ways consistent with these earlier state efforts and similarly
tied to cultural preoccupations with constructing the limits and possibili-
ties of the state and other governing institutions.
Teaching the computer how to “see” a face has been no simple accom-
plishment. As two MIT computer scientists noted in the early nineties,
“developing a computational model of face recognition is quite difficult,
because faces are complex, multidimensional, and meaningful visual
stimuli.” 22 Faces change considerably with aging, emotions, fatigue,
trauma, and surgery. The dynamic states of the person and the range of
images that can be rendered of that person make automated or computer-
assisted facial recognition a difficult technical problem. The simple mat-
ter of looking at and recognizing a person turns out to be an exceedingly
complex process when it comes to teaching machines how to do it, and
doing so means devising systems that, underneath the surface, have little
resemblance to how humans recognize each other. The effort to produce
automated facial recognition has involved research in a number of sci-
entific areas, including computer vision, image processing and analysis,
pattern recognition, and statistics. 23
Some of the earliest research on machine recognition of faces can be
traced back to the 1960s at a company called Panoramic Research, Inc., in
Palo Alto, California, one of many companies springing up in California
at the time to conduct research in what was later termed artificial intel-
ligence (AI). The work at Panoramic Research was funded largely by the
U.S. Department of Defense and various intelligence agencies, and thus
was unavoidably entrenched in the U.S. fight for Cold War technologi-
cal dominance. 24 As Manuel de Landa has noted, in the early 1960s the
military was sponsoring research in pattern recognition aimed at getting
humans “out of the loop” of mechanized surveillance and intelligence
efforts, while independent researchers were working in the opposite direc-
tion to develop “an interface between humans and machines capable of
assembling them into a synergistic whole.”25 Research on machine recog-
nition of faces at Panoramic was conducted by a man named Woodrow
Wilson “Woody” Bledsoe, one of the company’s cofounders. Bledsoe is
now widely recognized as one of the early researchers of AI and a pioneer
in the field of automated reasoning. A member of the U.S. Army Corps
of Engineers during World War II and a devout Mormon, he was a fi rm
believer in incremental scientific advances as opposed to major leaps or
paradigm shifts. The technique Bledsoe developed was dubbed “man-
machine facial recognition” and drew on his earlier work on computer
recognition of letters. It involved manually entering into a computer the
positions of facial feature points in an image, a process known as “feature
extraction.” A human operator would use a “rand tablet” to extract the
coordinates of features such as the corners of the eyes and mouth, the top
42 Kelly A. Gates
of the nose, and the hairline or point of a widow’s peak. The name of the Bledsoe was
person in an image was stored in a database along with facial coordinates,
and records were classified based on those measurements. The computer apparently proud
was then prompted to identify the name of the closest test image, given a set
of distances between facial feature points. Bledsoe was apparently proud of of this painstaking
this painstaking research on machine recognition of faces; however, very
research on
little of it was published because the funding was provided by an unnamed
intelligence agency that did not allow much publicity. 26
machine
This early stage in the development of computerized techniques for
identifying faces involved a great deal of manual work, and it took place dur- recognition of
ing a decade when the computer still had the aura of a Cold War machine.
In the early 1960s, institutions compiled decidedly less information about faces; however,
individuals, and records were stored by and large in hard-copy fi ling sys-
tems. Individuals were officially identified with recourse to signatures, ink very little of it
fi ngerprints (for criminal identification), photographs, and identification
documents. In addition, sharing information among different systems was published
often involved the labor-intensive process of physically locating fi les and
distributing records through the postal service or some other form of
because the
hard-copy transmission. For example, the decentralized, regionally based
funding was
credit reporting industry, perhaps the most intensive site for compiling and
distributing information about individuals, did not incorporate comput- provided by
ers until 1965, when TRW Credit Data Corporation began computerized
operations in Los Angeles. 27 TRW, and the credit reporting industry in an unnamed
general, faced considerable struggle and expense in creating a compre-
hensive, centralized computer system. In law enforcement, state and local intelligence
agencies had initiated efforts by the mid-1960s to create centralized state
databases for criminal history and wanted warrant information, using agency that
high-speed telecommunications networks to connect different agencies, 28
but again, nothing resembling a universal integrated network materialized, did not allow
as the practical effort proved more daunting than planners envisioned. The
much publicity.
FBI began to use computers to process criminal histories in 1963, but it
did not initiate serious efforts to develop a nationwide computerized system
until 1970. 29 In addition, defense strategists at RAND Corporation were
already beginning to conceptualize a nuclear blast-proof decentralized
computer network, but the idea would not be born as ARPANET until
the end of the decade, and then with only four nodes in the network by
December 1969.
Thus scientists working on rudimentary, programming-intensive proj-
ects to simulate machine face perception were not doing so in response
to an immediate need for the identification of individuals via computer
networks. What computerized face recognition research clearly partici-
pated in was a more general effort at programming computers to do what
44 Kelly A. Gates
to a set of problems on how to automatically interpret images and handle
an overproduction of visual information in medicine, science, law enforce-
ment, and military intelligence.
The effort to automate the process of human face recognition made
incremental advances in the early 1970s, but it clearly had far to go before
machines could achieve the same capacity as human beings for recognizing
faces and connecting them to identities. The personal computer itself had
yet to become a staple in middle-class American homes, and networked
computers were the exclusive domain of scientists, the state, and big busi-
ness when researchers were envisioning and working on the automated
identification of people by machines. The computer would need the capac-
ity to see, and especially to see and discern individual human beings, if it
could ever achieve “intelligent” status. Whether early developers precisely
envisioned institutional applications for automated identification, and for
connecting bodies to identities in networked environments, is difficult to
determine, but research articles suggest that at times they did have surveil-
lance applications in mind.
Research on computer face recognition conducted throughout the 1970s
focused by and large on “typical pattern classification techniques” or
“measured attributes between features in faces or face profi les.”37 In short,
much of the work was done manually. According to a 1995 survey of the
field, research in computer face recognition remained largely dormant
during the 1980s. The reason for this dearth of research interest during
the Reagan era is unclear, but the lack of attention did not extend to all
types of biometrics, as patents were being awarded on optical fi ngerprint
technology, for example, and entrepreneurs were moving to commercialize
and capitalize on the transformation from ink to digital fi ngerprinting in
law enforcement. The lack of research on automated facial recognition may
have resulted in part as a residual effect of the much-publicized critique
of artificial neural networks, or “perceptrons,” published in 1969 by two
scientists at MIT. 38 This disciplinary attack effectively defunded neural
network research for about fi fteen years, most significantly drying up the
monies distributed by the Defense Advanced Research Projects Agency
(DARPA). The field of neural networks recovered in the early 1980s and
experienced a major resurgence by the end of the decade, at about the same
time that scientists at places like MIT and Rockefeller University were
developing techniques of computer face recognition that would eventually
move out of the lab and into the real world of “security.”
46 Kelly A. Gates
of identification in order to control access to information networks and to Employers of all
identify the millions of individuals whose personal data circulated through
those networks. Computerization and the spread of information networks sorts saw the
provided both the possibility and the areas of need for new identification
technologies. Identification documents, like passports and driver’s licenses, need to monitor
which had always had their shortcomings (especially in terms of their
and control their
inability to accurately and reliably connect bodies to identities) were seen
as increasingly inadequate to the task of identification across networks.
employees’ access
The banking, credit card, and telecommunications industries were among
those social actors expressing an ongoing interest in technologies that could to both computer
give them greater control over transactions and information. Not only was
identity verification needed at the point of transaction, but the intensive networks and the
private-sector drive to know the consumer meant that each transaction
became part of individual records that could be mined and compiled to physical space of
develop consumer profi les. In addition, employers of all sorts saw the need
to monitor and control their employees’ access to both computer networks the workplace.
and the physical space of the workplace. These institutional users, along
with state and law enforcement actors, represented the primary markets
These institutional
for emerging commercial biometric systems.
users, along
As Kevin Robins and Frank Webster have argued, new ICTs have
been enlisted in the extension and reconfi guration of Fordist principles of with state
scientific management, so that such principles can be applied well beyond
the workplace. “Cybernetic capitalism” involves the application of new and law
ICTs toward a new regime of social mobilization, characterized in part by
“a heightened capability to routinely monitor labor processes by virtue of enforcement
access to and control over ICT networks.”44 The individualization of labor,
and the increased capacity to monitor work and productivity rates in “real actors,
time,” creates an increasingly “flexible” and “disposable” workforce.45 In
addition, with the penetration of the home by ICTs, leisure time similarly represented the
becomes “increasingly subordinated to the ‘labor’ of consumption.”46
primary markets
It would be difficult, if not impossible, to achieve this new regime of
social mobilization without technologies for automatically fi xing identities
for emerging
to bodies across information networks. During the 1980s and especially
1990s, fi nger imaging, iris and retina scanning, voice recognition, and commercial
other types of biometrics made their way into real-world applications,
along with advances in the research and development of facial recognition biometric systems.
technology. Driven in part by the profit potential in serving the needs of
state security and law enforcement, not to mention the interests of cor-
porate actors to control information networks, the 1990s saw an increase
in research interest in facial recognition technology, as well as the com-
mercialization and the integration of prototypes into existing real-world
identification systems. Scientists made advances in programming com-
48 Kelly A. Gates
security provision, responsibilities that often coincide intimately with the
interests of capital. These institutional users have shaped the form that
biometric systems have taken, and the technologies have become pivotal
in the transition to informationalized capitalism.
Conclusion
As David Lyon has argued, the “deeper shifts” toward intensified surveil-
lance practices were already in process before 9/11; the attacks “served
simply to accelerate their arrival in a more public way.”50 The state and
private sectors envisioned uses for biometrics well before 9/11, and the
biometrics industry began marketing its technologies to serve the insti-
tutional needs of the digital age. The erasure of the early development
and investment in facial recognition technology in post-9/11 claims about
its “homeland security” potential has accommodated the young biomet-
ric industry’s rhetoric of scientific neutrality and its effort to secure the
authority and desirability of its product. The high-tech, scientific image
so critical to the industry’s efforts to sell its technologies relies in part on
the dissociation of the biometrics from the investments, struggles, and
negotiations involved in their early development, as well as the ongoing
social and technical challenges that they face. These challenges detract
from the image of the technology as scientific and “state of the art,”
revealing the extent to which these new bodily identification systems are
enmeshed in the politics and preoccupations of interested actors. The
very notion of “high-tech” or “state of the art” necessarily involves the
reification of that which is labeled high-tech; a faith or belief in the high-
tech inescapably involves committing the error of mistaking an abstrac-
tion for a material thing.
A technocratic rationality clearly framed the policy response to 9/11,
and the biometrics industry was among those sectors mined for “secu-
rity” expertise, in turn taking the opportunity to posit its technological
systems as solutions to the newly salient problem of securing the nation
from terrorism. Thus an examination of the historical emergence of facial
recognition technology provides an opportunity to consider whether the
post-9/11 moment represents a decisive transformation in the configura-
tion of state power. Are the U.S. “homeland security” policies ushering in
a new era of state sovereignty with potential authoritarian tendencies? The
significant pre-9/11 investment in biometrics suggests that while the full-
scale moral panic resulting from the 9/11 terrorist attacks helped greatly
intensify “security” consciousness, this security consciousness and its
corresponding surveillance techniques were already on the rise along with
Notes
50 Kelly A. Gates
recognition I mean to specify this unique type of biometric that aims to mimic one
of the primary, visual ways that humans recognize each other, and a technique
that promises to identify humans in their direct interface with an identification
system.
5. See, for example, Kevin Barnhurst and John Nerone, The Form of News: A
History (New York: Guilford, 2001); Douglas, Inventing American Broadcasting;
Carolyn Marvin, When Old Technologies Were New (New York: Oxford University
Press, 1988); and Raymond Williams, Television: Technology and Cultural Form
(New York: Schocken, 1975).
6. Williams, Television, 8.
7. According to Irma van der Ploeg, it is important to consider “how the
translation of (aspects of) our physical existence into digital code and ‘informa-
tion,’ and the new uses of bodies this subsequently allows, amounts to a change
on the level of ontology, instead of merely that of representation.” She argues that
biometrics, genetics, and other technologies for digitizing the body signal the
emergence of a new ontology of the body rather than merely new ways of represent-
ing or defi ning the body. This new ontology of the body redefi nes and reworks it
as information flows and communication patterns and is quite distinct from the
familiar anatomical-physiological ontology of the body, itself a late-eighteenth-
century historical construction that altered the meaning and experience of embodi-
ment through its gradual incorporation into the institutional practices of medicine,
law, education, public policy, etc. The informatization and digitization of the body
through biometrics, genetics, biomedical, visualization, and other technologies are
not merely defi ning the same body with new language. They may substantively
reconfi gure bodies and have real effects at the level of embodiment. “The notion
of body ontology enables us to describe the way the human body is implicated in
a process of co-evolution with technology—information technologies, but also
surgical, chemical and genetic, and visualization techniques, and combinations of
these” (Irma van der Ploeg, “Biometrics and the Body as Information: Normative
Issues of the Socio-technical Coding of the Body,” in Surveillance as Social Sorting:
Privacy, Risk, and Digital Discrimination, ed. David Lyon [New York: Routledge,
2003], 59, 64).
8. Hannah Arendt, The Origins of Totalitarianism (New York: Harcourt Brace
Jovanovich, 1973), 248.
9. Anthony Giddens, A Contemporary Critique of Historical Materialism, vol. 2,
The Nation-State and Violence (Berkeley: University of California Press, 1987).
10. Matt K. Matsuda, The Memory of the Modern (New York: Oxford Uni-
versity Press, 1996).
11. Simon Cole, Suspect Identities: A History of Fingerprinting and Criminal
Identification (Cambridge, MA: Harvard University Press, 2001).
12. Jane Caplan and John Torpey, eds., Documenting Individual Identity: The
Development of State Practices in the Modern World (Princeton, NJ: Princeton Uni-
versity Press, 2001), 9.
13. John Tagg, The Burden of Representation (London: Macmillan, 1988),
75.
14. Ibid., 6.
15. Ibid.
16. Michel Foucault, Discipline and Punish: The Birth of the Prison, trans. Alan
Sheridan (New York: Vintage, 1977), 191.
52 Kelly A. Gates
36. Ibid., 1.
37. Chellappa, Wilson, and Sirohey, “Human and Machine Recognition of
Faces,” 706.
38. For an accounting of this episode in the history of artificial neural net-
work research and development, see “Robert Hecht-Nielson,” in Talking Nets: An
Oral History of Neural Networks, ed. James A. Anderson and Edward Rosenfeld
(Cambridge, MA: MIT Press, 1998), 293–314.
39. Dan Schiller, Digital Capitalism: Networking the Global Market System
(Cambridge, MA: MIT Press, 1999); Schiller, “Informationalized Capitalism:
Retrospect and Prospect” (unpublished manuscript, 2004).
40. Schiller, “Informationalized Capitalism,” 2.
41. Schiller, Digital Capitalism.
42. Dan Schiller, “Business Users and the Telecommunications Network,”
Journal of Communication, no. 4 (1982): 86.
43. Schiller, Digital Capitalism, 13.
44. Kevin Robins and Frank Webster, Times of the Technoculture: From the
Information Society to the Virtual Life (New York: Routledge, 1999), 115.
45. By “individualization of labor,” Castells means “the process by which
labor contribution to production is defi ned specifically for each worker, and for
each of his/her contributions, either under the form of self-employment or under
individually contracted, largely unregulated, salaried labor. . . . Individualization
of labor is the overwhelming practice in the urban informal economy that has
become the predominant form of employment in most developing countries, as
well as in certain labor markets in advanced economies” (Manuel Castells, End of
the Millennium [Malden: Blackwell, 1998], 72).
46. Robins and Webster, Times of the Technoculture, 116.
47. As a result of the Bayh-Dole Act, over 2,200 new companies were formed
between 1980 and 1999 based on the licensing of an invention from an academic
institution. See Council on Governmental Relations, “The Bayh-Dole Act: A
Guide to the Law and Implementing Regulations,” www.ucop.edu/ott/bayh.html
(accessed 5 March 2004).
48. “2003 Market Review,” Biometric Technology Today, January 2004, 7.
49. Ibid.
50. David Lyon, Surveillance after September 11 (Cambridge: Polity, 2003),
4.
51. N. Katherine Hayles, How We Became Posthuman: Virtual Bodies in Cyber-
netics, Literature, and Informatics (Chicago: University of Chicago Press, 1999).
52. Bruno Latour, We Have Never Been Modern, trans. Catherine Porter
(Cambridge, MA: Harvard University Press, 1993).
In depicting contemporary panopticism, Roy Boyne has identified danger Swati Ghosh
as the single most effective cause of surveillance, where “danger from
our enemies, danger from those who might grow into our enemies, [and]
danger from those who could not look after themselves” were differ-
ent categories.1 The dangers posed by the vulnerable and the criminal
are linked within the regime of surveillance that has been imposed on
the sexually marginalized female prostitutes of Bengal, who are neither
criminals nor victims and yet have been both criminalized and victimized
by the medico-moral-legal code of surveillance that defi nes them. The
prostitute as the site of work, sex, disease, power, desire, and pleasure has
recently emerged from these contested constructions as a new political
subject. The global epidemic of AIDS has forced a radical remapping
of sexual boundaries, with prostitutes as the most likely group to con-
tract and spread the disease. The concern for sexual health has given the
prostitutes new visibility: from the familiar status of a marginal group
of sexually aberrant women, they are now being considered a significant
target for public health policy. In the post-1990 phase of modernization,
the Indian state has been keen to include them in the welfare agenda and
regulate their behavior through surveillance that marks their bodies as
domains of sexual health and social discipline.
The prostitutes themselves have responded by asserting their rights
as workers. The emergence of a prostitutes’ forum and their demand for
workers’ rights has engendered a new political identity that gives voice and
agency to prostitute women. The worker status of the prostitute is the crux
of an ongoing debate that has generated an enormous volume of literature
and increased involvement of NGOs and liberal and radical feminists. Still,
it remains to be seen whether this new cultural inscription on the body
of the contemporary prostitute will create a subject position with eman-
cipatory potential. The form of surveillance operating on the sex worker
follows designs of the welfare state and acquires a liberal code that speaks
about sexual well-being of the marginalized group. This creates what I
call a watch-care system, whereby the prostitute is subordinated at once to
supervision, careful concern, regulation, and control. This system enables
the prostitute body to become an object of knowledge, linking sexual plea-
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
sure to the normalizing aims of power. While the heterosexual, normative
structure of this extrafamilial, nonreproductive domain remains intact,
the prostitutes are being included within the purview of the paternalistic
state, an entry that was previously denied.
The change in the process of objectification and surveillance can be
understood by examining the genealogy of postcolonial prostitution. The
prostitute’s criminalized body of the colonial past, confi ned to red-light
zones removed from public sight, takes visible form as a vulnerable or vic-
timized body during postcolonial modernization, becoming conspicuous
through the present endeavor to gain the status of a subject-citizen through
claims of workers’ rights. The patterns of surveillance that befall the body
of the contemporary prostitute reveal powerful disciplinary mechanisms
that regulate the decolonized social space of Bengal, India.
The colonial phase was a defi ning moment for Indian prostitutes after
prostitution became an important socio-legal context for reformation
under the British regime, which, on the pretext that their work was morally
degrading, initiated legal measures to segregate and criminalize the prosti-
tutes. The once independent prostitutes who had lived scattered through-
out the city were clustered in urban pockets where surveillance could be
initiated. The colonial government then sponsored the institutionalization
of prostitution through government-run brothels that came to be known
as chaklas. The closely guarded chaklas were set up under strict vigil of
brothel keepers and the police in cantonment areas where European troops
were stationed. Every such brothel had high walls and small carefully
barred windows so that the women could not escape. The mahaldarni, or
brothel keeper, was careful to ensure that women did not escape or associ-
ate with any of the native men. In addition to being held in captivity, the
women were also physically and sexually abused by the soldiers and fi ned,
imprisoned, and starved by the officialdom without reason. Each chakla
also had its own prison hospital where women were confi ned against their
will.2 While recognizing the need for British troops to have command over
Indian women’s bodies, the colonial project was to manage the issue of
public health through control over the sexuality of the “public” women.
To avoid infecting young European soldiers with syphilis from the native
prostitutes of the regimental bazaars, the movement of the prostitutes was
legally restricted within these specific clusters. Thus red-light areas were
created in the city to confi ne and regulate the prostitutes.
To the colonizers, the native prostitute by her very origin was perceived
56 Swati Ghosh
as an “amalgam of fi lth, vice, and disease.”3 The British administrative
authority in its official discourse always addressed the local prostitutes
as a collective of “notoriously unchaste women” in need of control.4 The
Indian prostitutes were further defi ned as criminals by the Cantonments
Act XXII of 1864, the Contagious Diseases Act XIV of 1868, and by the
various amendments to these acts and the Indian penal code. This legis-
lation was passed during the same period that the Contagious Diseases
Acts were undertaken in England in the 1860s. The colonial regime intro-
duced compulsory registration for periodic medical examination where
the prostitutes were bodily subjected to medical checkups and treated in
“lock hospitals,” legal confi nements popularly known as the lal-bazaars.
The enumeration of the prostitutes by religion and caste was taken up in
the census of colonial India as early as 1872.5 The fuzziness of the com-
munity that lived by sexual activity was fi nally erased as the prostitutes
were reduced to a defi nable, enumerable category. The “sexual myths of
the Oriental woman were now eclipsed” as diseased bodies became disci-
plined through legal and social measures.6
How did the resolution of the women’s question in the late nineteenth
century accommodate the prostitute, the woman-of-the-home’s other? To
the colonized, the modernity of Indian women had been resolved without
making it a matter of political agitation. The “new woman” emerged as
the educated and refi ned companion of modern man upholding traditional
purity.7 As an impure entity, prostitutes could not be accommodated in
the nationalist discourse shaping “our own modernity,” which was unique
in preserving tradition along with liberal notions, a non-Western model
of achieving modernity. 8 The Indian elite therefore did not contest the
legal territorialization of prostitutes, but rather dovetailed with the Brit-
ish in pushing the prostitutes within the socially demarcated areas of
the red-light zones, far apart from home and the woman-of-the-home.
Prostitution became one of the fi rst women’s issues discussed in annual
Congress meetings when, in an 1888 session, Congress passed a resolu-
tion to cooperate with English “well wishers” of India in “regulating the
prostitutes by the State of India” as long as they discriminated against the
“mistresses and courtesans of high caste/class male clients.” 9 The interest
of the local patriarchy was in accord with that of the colonizer and thus
helped criminalize prostitutes. The differential construct of the public
sphere was supported both by the social reformers and by the nationalist
political leaders. Opposition came only on occasions when Indians were
not included within the law-enforcing authority or when the autonomy of
the male client was hurt.
In 1923 the Calcutta Suppression of Immoral Traffic Act (SITA) was
passed and eventually replaced by the Bengal Suppression of Immoral
58 Swati Ghosh
The worker status was important from the point of intervention so A 1997 World
as to ensure safe sex. As long as prostitution was identified with disease,
sin, and crime, it was difficult to normalize the activity within the scheme Bank report
of work. The attempt to erase the image of a diseased body and include
prostitutes as a category of workers was part of a liberal agenda for the noted that
decolonized nation. The prostitutes responded to the initiative toward
donor funding
health awareness and wanted to be included within organized labor as
workers having a right to work, choice, and collective bargaining. They
was “critical
organized a forum demanding workers’ rights and claimed legalization of
the profession. The logic of this intervention was for prostitutes to seek in gathering
social countenance through productive labor and the wage-labor status
previously denied to them. surveillance data”
on patterns
Welfare and Well-Being
of “sexual
AIDS prevention initiatives transformed the prostitutes into a target of
welfare through knowledge formation and surveillance. To provoke reluc-
behavior . . . of
tant governments to action, global organizations helped formulate policy
those most
by providing leadership and funding for AIDS prevention programs. Of
the three types of development agencies that took the initiative, global likely to contract
donors assumed the major fi nancing burden, NGOs displayed their
skills by generating information previously not in hand, and government and spread HIV,”
attended to the formulation and implementation of cost-effective inter-
vention strategies. A 1997 World Bank report noted that donor fund- and donors
ing was “critical in gathering surveillance data” on patterns of “sexual
behavior . . . of those most likely to contract and spread HIV,” and donors could impose
could impose “conditionality for the receipt of an aid package upon the
national government.” Information about AIDS control was projected as “conditionality
a “public good” with positive externalities for citizens across the globe, as
for the receipt of
intervention in health policies supposedly produced a “positive spillover
effect through creation of knowledge” often beyond state initiative.15
an aid package
With the detection of the fi rst Indian case of HIV infection among
prostitutes, they became the most important target for national AIDS upon the national
policy. The rate of progression of the AIDS epidemic was noted, and
elaborate prevention and control programs were set in motion. Soon the government.”
issue of prostitution caught the imagination of several agencies such as the
National Commission for Women (NCW), the National Human Rights
Commission, and the Department of Women and Child Welfare. Traffick-
ing, child prostitution, and risk from infection became primary concerns,
although reworking the legal basis of the Immoral Traffic Prevention Act
to criminalize abuse of prostitute women was not attempted. Among the
Surveillance Techniques
NGOs acted as local agents with direct field access to make institutional
power less visible in effecting desired changes. A strategy of deploying ex-
prostitutes to collect base-level data was taken up as an important NGO
activity. A small number of ex-prostitutes who had been active practitio-
ners and continued to reside in the area were assigned to keep watch over
young prostitutes. The ex-prostitutes were quick to identify the diseased
and the infected, to furnish detailed information about individual work-
ers, and to motivate prostitutes to adopt safe-sex practices. Having a com-
mand over the trade and contact with other agents within the network,
they were efficient supervisors functioning as “peer educators” employed
by the NGOs. The different NGOs involved in the information collec-
tion system were accountable to the funding authority that monitored the
activity of the local agencies collaborating with the government.
In the brothel the prostitutes were ranked into categories according
60 Swati Ghosh
to level of income and social status. Information gathered included the
monthly, weekly, and daily work schedule of women in each category, the
number of clients attended per day, the nature of sexual act performed, use
of contraception, and frequency of visits to health clinics. The prostitutes
were identified by name, age, and other personal specifications such as
relation with the madam, tenancy structure, asset ownership, and eco-
nomic status within the network. The rate of infection from syphilis and
other sexually transmitted diseases was regularly noted on health cards,
and while the infected individuals were encouraged to get treatment, the
defaulters were constantly counseled.
Information on detailed sexual behavior was possible without coercion
or legal compulsion, as was necessary in colonial times when prostitutes
had to flee to avoid registration. Strategies of persuasion, counseling,
and advice replaced the colonial rule of punishment for breach of law.
Moreover, the disciplinary mechanism of “a few watching many” was not
prevalent in the peer education system. The concern for the prostitutes’
well-being seemed to evolve from the urge to guarantee a regular flow
of income from healthy, infection-free bodies. It was an open cameralist
economy, where “seeing” and “being seen” were not counter confi gura-
tions but ways to ensure sexual health as a prerequisite for a higher income-
earning potential. Observation occurred in a multilayered network, where
the observer and the observed were closely known to each other and lived
as neighbors or coworkers. A spatial mapping of the area divided the zone
into several small units consisting of a number of prostitutes under differ-
ent madams. Some of the madams were employed as peer educators and
controlled several prostitute women; NGO personnel supervised the peer
educators. A network of familiarity, trust, and hierarchical social order
between the observer and the observed of the same community was put to
use in implementing discipline. The information collection system through
ex-prostitutes was cost-effective and efficient in utilizing an already exist-
ing network of supervision. In adopting the technologies of observation
the community entered the “field of knowledge” about the present as well
as the future sexual well-being of the population.
In this system of welfare administration, the prostitutes watched over
themselves and others. The objective of observation was projected as an act
of assurance for each other’s health and earnings, while medical examina-
tion and treatment of diseases became a form of care. To watch was to care,
and caring was a mode of watching. Efficient implementation produced
an ambience where the watched felt obliged to respond to the initiative of
the care provider and to modify their behavior. As a consequence, regular
health checkups were undertaken almost as a voluntary response by the
prostitutes. Apart from sexual health, the availability of medical service
62 Swati Ghosh
want to pursue individual interests of community members in terms of
property or legal problems and relied on the intimate bonds of kinship
while voicing their concerns through the forum. The forum organized
collective action against police harassment and unjustified arrests in the
red-light areas of the suburban pockets where prostitutes were yet to get
organized. The forum announced its opposition to child prostitution and
took the responsibility as the familial head to send minor girls back to
their parents in the villages. The social welfare component of the forum’s
activity proposed the inclusion of nonformal education centers, drop-in
centers for children, and vocational training for the aged and the retired,
apart from the regular activity of organizing sports, coaching classes, and
cultural functions for children. The forum arranged for loans from their
cooperative for the aged prostitutes, looked after HIV-infected members,
and arranged for treatment as attempts toward better living.
The forum was also a body through which the community negotiated
with the outside world. The leaders of political parties, academicians, art-
ists, and media celebrities sympathetic to the prostitutes’ cause were often
invited to participate and express solidarity with the family of prostitutes.
The forum organized rallies and peace meetings, inviting representatives
of other associations of prostitutes and NGOs across the country, even
if they were hostile to its stand. The forum organized processions and
sit-in demonstrations in support of the brothel prostitutes against police
atrocities in the neighboring country of Bangladesh. They supported and
submitted memorandums on common agendas with leftist trade unions
against the economic measures of the structural adjustment program of the
central government. The forum invented strategies to interact with vari-
ous state agencies such as the police, the labor commission, and the legal
services cell that were instrumental for implementing welfare measures,
and influenced them to sensitize their personnel through training pro-
grams. They proposed the formation of a self-regulatory board including
representatives of the National Commission for Women, National Human
Rights Commission, Social Welfare Ministry, and the local Councilor. In
the process, the prostitutes emerged as a conspicuous community negoti-
ating their claims with the state.
In claiming workers’ rights, the prostitutes were seeking legal equality
with other workers. While making their demands, the prostitutes did not
stake their identities to sexuality but to work. In their pattern of nego-
tiation, they demanded entry to civil society as nonstigmatized women
workers. Their strategy of negotiation with the state included the modern
rhetoric of autonomy and right to collective bargaining of a worker within
organized labor. The demand for the right to work implied an erasure of the
moral stigma associated with the profession and entry into civil society as
Subject Formation
64 Swati Ghosh
equality. In the assertion of collective rights the gendered group of work-
ers was seeking an engagement with the state and law. The struggle was
for erasure of the moral stigma associated with the profession and for
sharing the universal status of labor with others in the workforce.
While the prostitute longed for the position of the subject-citizen in
civil society, she belonged to a world of subjection through economic,
political, and cultural processes. The fact that she could be brought under
governmental health schemes and approached by NGOs indicated that she
did not belong to the unreachable domain of the subaltern. The liberal,
paternalist state included her in the welfare agenda, and she was not barred
from participating in rights movements, if not as part of organized labor,
then as individual subjects. But despite being able to name her price in the
market and voice her demands, she did not enjoy the kind of autonomy
typically bestowed on the bearers of productive labor. Although being
able to act collectively and having gained a presence as a political agent,
the prostitute did not have the power to assert her claim either as a worker
or as a citizen.
The prostitute was produced and constituted through a process of
exclusion that operated at a different plane. Inclusion into state welfare
schemes evidently wiped away the social rejections, while the nature of her
work posited her as nonproductive, social refuse. The prostitute was not
a sexual minority at work having a clear “erotic preference”18 but rather
a sexual worker, her livelihood evolving from sexual performance with a
partner in exchange for money—a sex worker with work underlined. She
was the complex of an outcast worker offering nonreproductive, hetero-
sexual service (pleasure) to be consumed on the site of her body through
the market. The body as the site of work and consumption was a significant
marker of difference in the prostitute’s case. She had to deliver pleasure
in compliance with the desire of another. She lived at the cost of letting
others use her body in consensual sexual activity as the only option avail-
able to her. Her work violated her self and impinged on a personal zone of
her being mediated through the body. The oppression resulting from the
instrumentality of body and sexuality in work is distinct from the subjuga-
tion to capital shared by a worker. The surplus meaning of her body over
and above that of labor power discerns her. The prostitute is thus differ-
ent from other workers even without the moral implications of her work.
Remaining tied to her body was specific to the work she performed, and
this bodilyness led to abjection and subservience not found in any other
labor form. Involvement in collective bargaining, therefore, could not
empower her at work or salvage an impersonal self of a citizen.
The postcolonial prostitute identity was thus constituted by the aspi-
rations for a subject-citizen and the actuality of an overtly sexual entity.
Conclusion
66 Swati Ghosh
surveillance and control of bodies. Power did not confront sexuality from
outside but was able to gain a hold on bodies by regulating sexual behavior
and standardizing sexual norms through the watch-care system. In this
way power was productive of the subaltern-citizen under surveillance, a
process that subjected the prostitute’s body to power and delimited her
subject formation.
The prostitute remained an internal other of the heterosexual domain
and even promised to serve better with a healthy, robust body. But her
embeddedness in her body denied her a role in liberal democracy. This
aspirant to the world of rights was subjected to constant othering, deprived
of the disincorporated, individualized presence with the right of entry into
civil society. The extension of universal rights for the female prostitute
could not, therefore, erase the marks of exclusion despite an apparently
shared equality with other workers. She remained within and beyond the
reach of modernity in this decolonized space.
Notes
I wish to thank Richard Maxwell for his encouragement and suggestions. I would
also like to thank Anirban Das and Brati Sankar Chakraborty for their thoughtful
comments on earlier versions of this article.
68 Swati Ghosh
to organize workshops, and to initiate networking with the member nations of the
South Asian Association for Regional Co-operation (SAARC) on the trafficking
of women across the border. Child prostitution was being banned and legally
enforced. However, recommendations of the National Law School, Bangalore,
about reform of ITPA were not consulted. In 1989 the law reform initiatives
undertaken by the central government formulated and “nearly passed a loath-
some and potentially discriminative” AIDS Prevention Bill (233). The National
AIDS Control Organization later drafted a national AIDS policy that was “more
progressive” (234) and characterized the issue as more than a simple public health
measure during its HIV prevention efforts.
18. Gayle Rubin, “Thinking Sex: Notes for a Radical Theory of the Politics
of Sexuality,” in Pleasure and Danger: Exploring Female Sexuality, ed. Carol S.
Vance (Boston: Routledge and Kegan Paul, 1984), 286.
19. Vivek Dhareshwar and R. Srivatsan, “Rowdy Sheeters: An Essay on Sub-
alternity and Politics,” Subaltern Studies 9 (1996): 201–31. Dhareshwar and Srivat-
san use the concept of dis-incorporation to explain the “politics of citizenship”
operating in the context of the “rowdy sheeter” (one with multiple convictions—or
a long rap sheet—for public rowdiness) who was excluded because of the larger-
than-life image that he created about himself to maintain the positivity of his body.
His attachment to body was high and not disentangling, and therefore did not pos-
sess the privilege of being “dis-incorporated” for the norms of citizenship.
20. For the prostitute it created confl icts and ambiguities. The strain was
contained in presenting a confused version of an abused/empowered self while
relating her lived experiences that were far-off from the official proclamations of
empowerment. The narrative relating to personal histories of the prostitutes at
Sonagachhi depicts her fallen and victim status (interview-based survey under-
taken by author, 2002), while newsletters and bulletins emphasize the prostitute’s
role as an entertainer and comfort-giver (see Sohagnama, the monthly bulletin of
the DMSC, January–February 1999; and the DMSC report, Namaskar, 1998).
21. Gayatri Chakravorty Spivak, “Woman in Difference: Mahasweta Devi’s
‘Douloti the Bountiful,’ ” in Outside in the Teaching Machine (New York: Rout-
ledge, 1993), 96–117.
If you ever visit the remote hills and hollows that make up the far south- John Gilliom
eastern corner of Appalachian Ohio, you will fi nd the poorest counties
in the state. There will be roads you can barely drive on, schools that are
chronically underfunded, and legions of people who are unemployed or
consigned to jobs that lack the income and benefits needed for a secure
life. Because of the structural poverty of the region, many families receive
help from the state’s Department of Job and Family Services, formally
called the Department of Human Services and known by everyone but
the bureaucrats as “the welfare office.”
When people turn to the welfare office in Ohio, they meet CRIS-E—
the Client Registry Information System—Enhanced. A computerized
information management system of awesome reach and power, CRIS-E
runs the show. It leads frontline agency workers through an intake and
assessment interview as it prompts all questions and demands answers
about household makeup, living patterns, sexual relations, fi nances,
employment, schooling, and so on. CRIS-E then combines and assesses all
of this information and makes decisions about program eligibility. CRIS-E
goes on to manage the many fraud control measures undertaken by state
and federal authorities—number matches with IRS and Social Security
data, with workers’ compensation and unemployment programs, with the
various pension funds, and others. If any concerns turn up, or a scheduled
meeting is due, CRIS-E sends a letter to agency clients instructing them
when and where to report. If CRIS-E fi nds a problem or discovers a crime,
the sanctions can result in a warning, termination, or a jail cell. CRIS-E
is a surveillance system that matters. As a statewide matrix that unites
virtually all programs dealing with lower-income families into one system
of assessment, monitoring, enforcement, and sanction, CRIS-E mobilizes
and solidifies an official framework for managing the poor in Ohio. Under
its reign, the poor face a level and intensity of directly targeted surveillance
that relatively few of us may currently experience but that we can expect
to see more of in the coming years.
Our research project exploring life under CRIS-E grew out of a
conviction that we actually know very little about the experiences and
understandings of the surveilled.1 Until quite recently, almost all research
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
on how people perceive and respond to surveillance has been limited to
mechanistic opinion surveys and by the assumption that the issue in the
politics of surveillance was the venerable right to privacy. Instead, this
project sought to assess the life of a surveillance subject that in a way did
not presume what the languages, concerns, and responses would be but,
rather, set out to explore these very questions in a manner as unstructured
and unlimiting as possible. The essay at hand draws on those fi ndings to
focus on the questions surrounding opposition and resistance: How, if at
all, do people struggle with, evade, combat, trick, criticize, undermine,
or otherwise speak and act out the confl ict that they must inevitably have
with a system that enacts such manifest and consequential control over
their lives?
The answers we found suggest that if you ever do visit Appalachian
Ohio, you will not encounter picketers with signs reading “Welfare Moms
against Big Brother.” You will not fi nd a staff of activist attorneys preparing
litigation strategies. You will not fi nd a field office for any of the national
privacy rights groups. But you will fi nd, I argue, a widespread pattern of
unorganized resistance to surveillance in which several important things
are happening:
72 John Gilliom
get anything close to a meaningful picture of how everyday people think
and speak about surveillance in their lives. The path chosen here was one
that leads through the local community and emphasizes approaching a
conversation about surveillance in the most informal and everyday terms
that can be achieved while still undertaking research. Field interviews
with fi fty welfare mothers were undertaken by local women who were
themselves long-standing clients of the system until shortly before the
project began. In open-ended one- to two-hour conversations under con-
ditions of anonymity, the women told us about their lives under CRIS-E
and the welfare bureaucracy.
Although the system got some credit for speeding up the processing
of forms, the complaints came fast and hard. “Too nosy.” “Degrading.” “I
feel like a number.” “They make you feel like a dog.” “It drives you crazy.”
“It seems like they want to know too much.” A mother of two, who chose
the pseudonym “Moonstar,” had been on assistance for the twelve years
since the closing of a major governmental facility ended her career. Here,
she echoes many women as she voices her feelings about the information
demands of the welfare system:
M: Well, I feel cheap when I walk in there. I feel that everybody’s looking at
me and like she ain’t got no job, she’s dirty and I just feel worse when I go
in there and come out than I did going there. I don’t like asking for help but
I had to. And I just don’t like it and I should have got off it a long time ago
because I don’t like everybody knowing me too good.
Resisting Surveillance 73
support from relatives, lovers, or the fathers of their children. Some had
living arrangements in which homes or apartments were secretly shared.
The list goes on. As Moonstar explains:
The only way that you can make it, if you make it, is by working under the
table. Welfare don’t give you enough money to barely make it and you have
to do little things just to keep your head afloat. I have no money in the end
because I pay all the money. I have no money at the end. And the ADC is
supposed to be for dependent children. How can I take care of my kids when
I have got to pay everything in the household and not have no money to take
care of my children? I have to go out and make a little extra money because
I don’t get enough to support my family, pay the bills, and be able to buy my
kids shoes. If I have to go out and mow a yard for $10 that will get my kids
extra shoes. Because my bills takes all of my money, every bit of it.
From what Moonstar and other women told us, getting a family of four
through the month on the state’s allowance of, at that time, a little over
four hundred dollars was next to impossible. 2 Making things worse was
the fact that state regulations at the time either forbade any extra income
or made the reporting and surveillance system about allowable income
prohibitively risky and cumbersome. So when the mothers did what they
had to do—fi nd extra cash and keep it secret—they placed themselves at
odds with the law and at odds with one of the most advanced fi nancial
surveillance systems of its time.
The mothers’ defi ance of the rules and besting of the system through
petty fraud, subterfuge, and other tactics manifests a pattern of “everyday
resistance” to the surveillance regime. 3 As James Scott explains in Weap-
ons of the Weak: Everyday Forms of Peasant Resistance, everyday resistance
encompasses “the ordinary weapons of relatively powerless groups: foot
dragging, dissimulation, false compliance, pilfering, feigned ignorance,
slander, arson, sabotage, and so forth.”4 He continues, “When a peasant
hides part of his crop to avoid paying taxes, he is both fi lling his stomach
and depriving the state of gain. . . . When such acts are rare and isolated,
they are of little interest; but when they become a consistent pattern (even
though uncoordinated, let alone organized) we are dealing with resistance.
The intrinsic nature and, in one sense, the ‘beauty’ of much peasant resis-
tance is that it often confers immediate and concrete advantages, while at
the same time denying resources to the appropriating classes, and that it
requires little or no manifest organization.”5
Here we hit on a new way of thinking about age-old practices of
noncompliance, masking, misrepresentation, and other ways to beat the
system. In situations where these activities work to defy the goals of the
surveillance program by evading detection and engaging in forbidden or
74 John Gilliom
regulated behaviors, they have to be understood as a form of antisurveil-
lance politics. Moving beyond the welfare context, we emphasize that these
are not necessarily laudable politics, for many nasty things are done in hid-
ing. Nor is it to argue that any instance of noncompliance is necessarily a
significant political phenomenon. Rather, it is to argue that in a society in
which surveillance increasingly becomes the defi ning face of government
and corporate influence and domination, resisting surveillance programs
becomes one key way for citizens to express and act on their disagreement
with the norms and rules of the state. And when that resistance becomes
sufficiently widespread to be recognized as a pattern in the lives of large
numbers of people, it becomes hard not to recognize it as a significant
movement on the political landscape.
Welfare mothers lack the political influence to raise their allowance
through legislative change—but they have the personal resources to do it
on their own. Middle-class families cannot rewrite the laws of Medicare
eligibility, but they can learn to shift assets to achieve what are effectively
the same ends. All around us, the demands of various systems of regulation
and enforcement create webs of control and power. These systems seek to
monitor, channel, identify, sanction, and reward according to established
norms and goals. When we see that individuals are able to assert their
autonomy and opposition through these millions of small skirmishes, we
must conclude that a massive, underground, uncoordinated, antisurveil-
lance movement is underway.
But just how widespread are the patterns of everyday resistance to surveil-
lance programs? When employee drug-testing programs came online in
the mid-1980s, small companies emerged selling “clean urine” through
magazines and newspapers. When police began using radar to catch
speeders, drivers began installing radar detectors. When the Internal
Revenue Service develops profi les used to identify those who will be
audited, tax advisers, newspapers, and Web sites broadcast the param-
eters of those profi les in a very public manner. Herds of tax attorneys and
preparers assist middle-class and wealthy families as well as businesses
in shirking, as much as possible, the obligations of taxation and besting
the surveillance systems designed to implement those obligations. Thus,
in these ongoing battles to prepare and divide the pie of national fi nance,
the welfare mothers do nothing different from what many typical families
would do, and they do it from a position of greater need and risk and with
less advice and support.
Resisting Surveillance 75
When viewed from this perspective, there are millions upon millions
of people throughout the industrialized world engaged in widespread
and diverse types of opposition and resistance to surveillance regimes.
Depending on class, context, and circumstance, some get more formal,
public, and organized while others must necessarily remain personal, pri-
vate, and solitary. Some types of resistance—like the upper-middle-class
tax shirker—are tolerated, even smiled on, by political leaders. Others,
like the poor women here, are vilified and hunted. In all these different
contexts and manners, the politics of surveillance are played out daily. It
is here, rather than in the official arenas of the courts, legislatures, and
blue-ribbon commissions, that the most important and dynamic politics
of surveillance may be taking place.
These recognitions and possibilities mean that we should take par-
ticular interest in how practices of everyday resistance work as forms of
politics. There is a danger that depicting something like petty fraud as a
vital form of politics may well mistakenly amplify insignificant gestures,
place false hope in tiny acts of individual defi ance, and give inappropri-
ate, if implicit, approval to what are often selfi sh and destructive acts.6
In his 1992 presidential address to the Law and Society Association and
his subsequent article “Postmodernism, Protest, and the New Social
Movements,” Joel Handler distinguished between different generations
of scholarly studies about these “protests from below”—the struggles of
relatively powerless groups such as American slaves, welfare families, and
impoverished individuals. The fi rst generation consists of such authors as
Eugene Genovese, Carol Stack, Frances Fox Piven, and Richard Cloward;
the second, authors like Susan Silbey, Patricia Ewick, Austin Sarat, and
Lucie White.7 All of them share an interest in everyday resistance as a form
of politics. But where the fi rst generation centered on how the politics of
everyday resistance lead to the building of bonds, solidarity, and new terms
and languages that could, in turn, lead to new forms of empowerment and
mobilization, the second generation, charged Handler, was bent on decon-
structionism and symbolic action and kept its attention on individualistic
acts of defiance and opposition with little concern or attention paid to what
Handler saw as pivotal questions of solidarity, organized politics, material
outcomes, and new opportunities. 8
Handler’s critique urged scholars to undertake a more complete critical
examination of everyday resistance as a form of political struggle. This
essay does this by considering the following questions.
76 John Gilliom
• Is there any sort of sharing or collaboration that could be laying the
groundwork for new forms of communities or politics?
• Is there an ethical grounding or ideology within which to frame resistant
practices?
In the end, the everyday resistance seen among the Appalachian welfare
poor formed a pattern of widespread behavior that produced or supported
an array of important material and symbolic results, including cash and
other necessities of survival, a status of autonomy, a potentially powerful
collective consciousness of the struggle of welfare mothering, and a stra-
tegic opposition to and undermining of surveillance mechanisms.
The fi rst payoff is the most straightforward; the women studied here
get immediate and crucial cash or material relief through their efforts.
While we have no specific fi ndings on exactly how much that is, it is, for
many of these families, what makes it possible to get by. Kathryn Edin’s
1993 study of welfare family budgets in Chicago found that women roughly
doubled their resources in these ways. Obviously, this is a massive and
critical source of material improvement for the poor. Indeed, one could
argue that while these women are powerless to change formal government
policy about levels of income maintenance on welfare programs, they have
effected a local and personalized change in the policy by taking charge
of their own conditions. For them, their subterfuge means that allowable
levels of income have been effectively raised. Through their necessarily
quiet actions, they have achieved what would be one of the central goals
of a more organized social movement for welfare justice: more income.
This may call to question some of our fi xation on the questions of whether
everyday resistance can lead to more formal collective action, which could
then lead to “real” change. With neither picket signs nor a head office,
real change is taking place in the lives of these individuals. It is not “per-
manent”; it is not, at least in the traditional sense, “collective”; it is not
centralized reform of the state apparatus. But out at the margins, in the
lives of these people, it is a change that makes a crucial difference.
The struggle for material subsistence also produces less tangible but
nonetheless important results. For one, resistance marks and maintains
a zone of autonomy and self-determination that denies the clients’ status
as dependent. The poor are neither “wards” of the state nor the “welfare
dependent” when they are out hustling to pull together enough money
to get through the month. They are partially freed from the oversight of
CRIS-E and their caseworker as they enact a strategy that, whatever else
Resisting Surveillance 77
In that the may be said about it, makes them the initiators of an array of entrepre-
neurial pursuits. As Sarat has argued, this is a critical aspect of resistance
welfare by the welfare poor; those moments “in which welfare recipients . . .
demand recognition of their personal identities and their human needs”
administration or “establish unreachable spaces of personal identity and integrity.” 9 Their
struggles also, importantly, put the lie to assumptions and claims that they
demands that a
are bad parents, are lazy or incompetent, or lack initiative—through their
works they care for their children with creative and risky labor in a hidden
client open her
low-wage market.
life to them in the There is another important sense in which the ongoing pattern of
income enhancement works as an important front and form of political
form of income resistance—this has to do with the relationship of the surveilled subject
to the surveillance state. In that the welfare administration demands that
verification, a client open her life to them in the form of income verification, com-
puter matches, and other tactics in what can only be called a full-scale
computer surveillance assault, her secret actions are an act of resistance to the very
structure of the surveillance society. The welfare system works as hard as
matches, and it can to force that secret out of her. It will solicit “rat calls” in an attempt
to get neighbors and relatives to expose the situation. It will use computer
other tactics in
matching searches to check bank accounts, social security payments, and
what can only other searchable databases disclosing records.
This is, in short, a power struggle over the compulsory visibility of the
be called a full- welfare poor. The surveillance mechanisms of the state are mechanisms of
domination that seek to force the poor into the open, prevent them from
scale surveillance augmenting their meager allowance with entrepreneurial pursuits, and,
as a result, disempower them by closing off more and more of the secret
assault, her secret places in which to hide, at least temporarily, from the power of the state. To
the extent that the poor can maintain those spaces, augment their income,
actions are an and assert the needs and values of their own identities, they have won a
temporary but not so small victory in the broader struggle.
act of resistance
These are all important political effects. But taking stock of the prom-
ising dimensions of a politics of everyday resistance does not imply that
to the very
more formal and public politics would not be a more preferential and
structure of the heartening course (and one that might even be more effective at achieving
some of these ends). It is also not meant to imply that there are no costs.
surveillance There are, of course, potential costs, risks, and drawbacks in all political
choices. Many of the actions taken by these women are crimes, and they
society. may be caught and punished. More broadly, politicians may use evidence
of “welfare fraud” to reduce support and advance even more draconian
measures of surveillance. All of this may happen. But the tactical compari-
sons of such cost-benefit analyses overstate the extent to which relatively
powerless people can pick and choose from a menu of political options. For
78 John Gilliom
these poor women, the pressure is on and the resources are slim. Most of
their choices are shaped by social, legal, economic, and political contexts
over which they have little control—these contexts, after all, are far more
affected by the interests and desires of the powerful than they are by those
of the sorts of people who turn to the “weapons of the weak.”
Resisting Surveillance 79
These stories us—are far from alone in that their actions are designed to meet the needs
and interests of their families. Importantly, as discussed below, the moth-
are replete with ers explain their actions in terms of supporting their families. Collective
action? Not in the traditional sense. But as they struggle to care for their
references to families, they are surrounded by millions of other low-income mothers,
by the occasional helping hand from a sympathetic caseworker, neighbor,
mothering, child
or family member, and by the very needy hands of their children.
care, the need
children, and the “Delilah” is forty-one. She has two children and two grandchildren living
in a rural home that she owns. In her sixteen years using various assis-
widely shared tance programs, she has tried many ways to make ends meet—once trying
to sell Tupperware until her ex-husband turned her in. These days, she
conviction that cuts hair and says that her friends sell food stamps, fi rewood, and scrap
metal. She explains: “I think as long as someone is using what they are
any actions taken doing for their home, or they are buying something that their kids need, I
don’t see anything wrong with it. If they are going out and they are doing
in the interest
it and they are boozing it up and they are using drugs, I think that’s a
of children are shame.” As another mother said: “If you have kids, you will do anything
for your kids. I mean, I do. So it’s not really illegal.” These stories are
legitimate— replete with references to mothering, child care, the need to provide for
children, and the widely shared conviction that any actions taken in the
including, for interest of children are legitimate—including, for many, patently illegal
actions.11
many, patently One of the most interesting things we noticed in our interviews was
the near absence of claims to privacy rights in the women’s complaints
illegal actions. about surveillance. Given the failures and limits of the predominant pri-
vacy rights discourse, the identification of alternative ways of complaining
about surveillance suggested new possibilities for critique and action. That
we were able to identify new framings and ethical positions from which
to criticize surveillance indicates that the privacy rights paradigm is both
too limited—because it fails to address these concerns—and not the only
show in town.12
But these alternative ways of complaining about surveillance are also
important to a discussion of everyday resistance, because they show that
the women’s actions are framed within a sensible and compelling moral
argument. Skeptical readers of works on everyday resistance have noted
the frequent absence of something that we might hope to see in politi-
cal struggles—principles: some form of broader argument or ethic that
positions and explains the actions of the oppressed and the wrongs of the
80 John Gilliom
oppressors while building the possibility of shared consciousness. Isolated
acts of opportunistic self-expression or petty thievery that make no contri-
bution to building a vision of a more promising world, they argue, should
not get more attention or significance than they deserve.13
But here we see patterns of everyday resistance that are neither unprin-
cipled nor unrelated to broader political critiques. While the mothers
studied here do not regularly quote the Bill of Rights or make speeches
about the right to privacy, many of them do make consistently principled
arguments about need, duty, and obligation and explain their actions and
their critique of the state in terms of those principles. Similar complaints
about the welfare surveillance regime and explanations for resistance
mark many of these interviews. This fi nding shows that there is a shared
frame of reference—an ideology of caring or parenting within a context
of need—behind the seemingly discrete and apolitical actions of women
in the welfare system. Although they are not united spatially, politically,
or socially, the women interviewed here do share economic, institutional,
and familial identities, and we can see that they also share a unified
framework of language and values with which to mobilize their critiques
and actions.14
In the conditions and contexts in which they live—united by abusive
practices in welfare administration, family obligations, poverty, and rural
life—it is not hard to understand how an individualistic privacy claim based
in the nobility of a law would fail to make sense. In lives surrounded by
the obligations of meeting both the needs of families and the commands
of the surveillance system, the ideal of the autonomous and rights-bearing
individual must be rather far from the tip of tongue. In many critical
dimensions, then, these women’s lives, roles, experiences, and values
appear to gravitate away from the assertion of individualistic rights and
toward the focus on responsibility and care. The sense of disempowerment
tied to their fear, distrust, and alienation from “the law” struggles with
the reality of their situations in which something is wrong and something
must be done about it. Rather than publicly objecting to the infringement
of their rights as citizens, they quietly meet the needs of their dependents
through daily actions that defy the commands of the state while advancing
the needs of the family.
Conclusion
These stories show that in welfare administration and numerous other set-
tings there are widespread uprisings against surveillance. They are often
(and sometimes necessarily) out of sight; they are not always expressed
Resisting Surveillance 81
Several women in the expected language of privacy; they do not look like social move-
ments are “supposed” to look. But they are, nonetheless, important and
spoke of the frequently productive expressions of frustration, opposition, and political
energy.
horrible stress This accounting of the senses in which everyday resistance advances
the interests of these women is not meant to gainsay the power of the sur-
of keeping
veillance program with which the poor must live—our interviews made it
clear that ongoing record keeping, observation, and verification manifest
their secrets
a considerable and fearsome presence in their lives. Several women spoke
and fearing of the horrible stress of keeping their secrets and fearing apprehension;
beyond the stress lies the real possibility of apprehension and sanction.
apprehension; Further, the subterfuge and deception necessitated by the comprehensive
enforcement system means that many of the subjects here must “live a
beyond the lie” and deny real aspects of their lives that are of great importance to
personal dignity. The truth may be that they are not lazy, not helpless, and
stress lies the not involved in a pattern of broken relationships, but that they must hide
that truth as part of their struggle against the state. As research into the
real possibility politics of surveillance continues, one of the most interesting challenges
will be the exhumation and exploration of the many truths suppressed as
of apprehension
powerful institutions assert and enforce their own particular order.
and sanction.
Notes
1. The project, which was undertaken in the mid-1990s, is most fully explored
in my book, Overseers of the Poor: Surveillance, Resistance, and the Limits of Privacy
(Chicago: University of Chicago Press, 2001), from which portions of this essay
have been adapted.
2. These fi ndings are affi rmed by Kathryn Edin’s research on the budgets of
Chicago’s welfare poor. See Kathryn Edin, There’s a Lot of Month Left at the End
of the Money: How Welfare Recipients Make Ends Meet in Chicago (New York: Gar-
land, 1993); and Kathryn Edin and Laura Lein, Making Ends Meet: How Single
Mothers Survive Welfare and Low-Wage Work (New York: Russell Sage Foundation,
1997).
3. See also Gary Marx, “A Tack in the Shoe: Neutralizing and Resisting the
New Surveillance,” Journal of Social Issues 59 (May 2003): 369–90.
4. James C. Scott, Weapons of the Weak: Everyday Forms of Peasant Resistance
(New Haven, CT: Yale University Press, 1985), 29.
5. Ibid., 296.
6. Joel F. Handler, “Postmodernism, Protest, and the New Social Move-
ments,” Law and Society Review 26 (1992): 697–732; Michael McCann and Tracey
March, “Law and Everyday Forms of Resistance,” in Studies in Law, Politics, and
Society, vol. 15, ed. Austin Sarat and Susan Silbey (Greenwich, CT: JAI, 1995),
201–36.
82 John Gilliom
7. Carol B. Stack, All Our Kin: Strategies for Survival in a Black Community
(New York: Harper and Row, 1974); Eugene Genovese, Roll, Jordan, Roll: The
World the Slaves Made (New York: Vintage, 1972); Lucie White, “Subordination,
Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G.,”
Buffalo Law Review 38 (1990): 1–58; Frances Fox Piven and Richard A. Cloward,
Regulating the Poor: The Functions of Public Welfare (New York: Vintage, 1972);
Piven and Cloward, Poor People’s Movements: Why They Succeed, How They Fail
(New York: Vintage, 1977); Patricia Ewick and Susan S. Silbey, The Common
Place of Law (Chicago: University of Chicago Press, 1999); Austin Sarat, “The
Law Is All Over: Power, Resistance, and the Legal Consciousness of the Welfare
Poor,” Yale Journal of Law and the Humanities 2 (1990): 343–79.
8. Handler, “Postmodernism, Protest, and the New Social Movements,”
710–16.
9. Sarat, “Law Is All Over,” 344, 347.
10. See also Stack, All Our Kin.
11. “It is no coincidence that the cries of ‘bread,’ ‘land,’ and ‘no taxes’ that so
often lie at the core of peasant rebellion are all joined to the basic material survival
needs of the peasant household. Nor should it be anything more than a common-
place that everyday peasant politics and everyday peasant resistance (and also, of
course, everyday compliance) flows from these same fundamental material needs”
(Scott, Weapons of the Weak, 295).
12. Gilliom, Overseers of the Poor, 93–114.
13. McCann and March, “Law and Everyday Forms of Resistance,” 218–19;
Handler, “Postmodernism, Protest, and the New Social Movements.”
14. Many authors have now advanced the idea that an ethic or discourse of
“care” emphasizing needs and interdependency stands as an alternative to the
traditional discourse of “rights” or “justice” that emphasizes individual rights
and autonomy. Where the latter posits an individualistic realm of legalist and
rationalist calculations based on universal principles, the ethic of care emphasizes
responsibilities, particular needs and differences, and compassion. See Julie Anne
White, Democracy, Justice, and the Welfare State: Reconstructing Public Care (Uni-
versity Park, PA: Pennsylvania State University Press, 2000); Carol Gilligan, In a
Different Voice: Psychological Theory and Women’s Development (Cambridge, MA:
Harvard University Press, 1982); Joan C. Tronto, Moral Boundaries: A Political
Argument for an Ethic of Care (London: Routledge, 1993); Eva Feder Kittay and
Diana T. Meyers, eds., Women and Moral Theory (Savage, MD: Rowman and
Littlefield, 1987).
Resisting Surveillance 83
Global Citizens and Local Powers
SU R V EI L L A N CE I N T U R K E Y
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
By design, MERNİS can produce moment-by-moment information on
the registered Turkish population. The goal is to obtain this information
at the national and local levels. Consequently, it is hoped that MERNİS
will observe changes immediately and through its capillary power obtain
information about the social and economic characteristics of citizens. Its
technology was meant to offer efficient control mechanisms to the state
and to guarantee the permanence of a reshaping process of the individual
as an object of constant control—as something posing imminent risk to
society—watching all citizens to determine who is “abnormal,” “dan-
gerous,” “sick,” or “criminal.” These tasks entail the constitution of a
prevalent surveillance system endowed with the authority to decide who
will be more productive in which sites of production and thus who will
contribute to a “healthy” society—a society that is necessary for the con-
tinuation of production activities. In effect, a “healthy” society means a
“productive” society. MERNİS thus functions to locate the broken parts
of the production process.
Because both local and national forces have significantly shaped its
operation, MERNİS must not be regarded as merely a national system.
The local dynamics that influence the relation between the individual and
power center on the significance of MERNİS for the state and corporations
in Turkey that use MERNİS to supply actual, fresh, and revised informa-
tion about the forces of production. However, this is not executed in a local
sense only. Its rationale is shaped within a global context where information
and communication technologies have become integral to the sphere of
production. MERNİS is thus an outcome of global necessities that have
superseded national requirements. The state and corporations in Turkey
can exploit MERNİS to produce a suitable labor force for contemporary
capitalism. In this context, MERNİS could function as a bridge between
the labor force of Turkey and global production sites. The MERNİS num-
ber of each individual is his or her registration number for global systems
of production. These are its design goals. In reality, as I show, MERNİS
is not a well-functioning residence-based system and currently produces
and gathers only aggregate information of the population as a whole. This
is not necessarily good news for the Turkish people.
86 Çağatay Topal
MERNİS’s failure to achieve this efficiency is in part a mark of the state’s
ambivalence toward modernization. The state distrusts some techno-
logical developments while it paradoxically constructs a whole system on
them. In the opinion of most state officials, technology appears to solve
every problem. Yet technology also signifies change, and with change
comes a challenge to the existing order. This ambivalence is reflected
in the low proportion of public institutions using information and com-
munication technology: only 11 percent. The degree of standardization
between the institutions that share information is also weak. Only 17 per-
cent of the upper-level managers see information technology as essential.
In 86 percent of these institutions there exists no administrative informa-
tion system and no decision support system. 2 It is not reasonable then to
expect that an electronic state based on administrative efficiency will be
realized soon. Self-assessment of this problem is generally difficult for
inflexible states and adds to Turkey’s particular problems of inefficiency
in systems like MERNİS; a self-critique would force the state to admit
error, impotence, or weakness within its own mechanisms. Such a situa-
tion would mean questioning the state’s legitimacy.
University researchers and, to some extent, government researchers
and officials have shown how this ambivalence contributes directly to
MERNİS’s inefficiency. According to a social scientist in the Institute of
Population Studies, for example, the state is not able to comprehend the
significance of MERNİS at the macro level and therefore has no proper
vision of the usage of information collected in the MERNİS database. This
researcher claims that the state has attempted to build up MERNİS with a
highly centralized view but has “lacked” the foresight of a global-minded
administration. He underlines that there is very little commitment to
MERNİS, especially in the political arena, since it does not provide short-
term political rent for politicians and bureaucrats. 3 Because MERNİS’s
“vitality” has not yet been understood by the project operators, the full
application of the MERNİS system seems to lie in the future.
Yilmaz Atasoy, a director in the Department of Information and Pro-
cessing in the Directorate of Population and Citizenship Affairs, counters
that MERNİS has taken a long time to become operational because of
technological insufficiency, a large population to work on, and lack of
personnel. He says that data entry took a lot of time, adding that Turkey
is a very crowded country compared to European countries, a condition
that slowed MERNİS’s construction.4 But this argument does not account
for the crowded countries in Europe and elsewhere in the world—like
Germany, England, and the United States—that have successfully imple-
mented MERNİS-like systems. Moreover, as Seref Hosgör of the Institute
of State Statistics argued, it would have taken only one person to enter the
88 Çağatay Topal
Power in the Contemporary Era The lifetime
90 Çağatay Topal
the life of the Turkish state easier. The foremost benefit of MERNİS for The foremost
the state is inclusion of the individual into the production system through
a legitimate governance process. Once an individual is registered, his benefit of MERNI˙S
or her information is kept within the MERNİS database during his or
her lifetime and even after. The state holds this information as an object for the state is
that, in principle, it can exploit at any time to manipulate aspects of an
inclusion of the
individual’s life chances. However, as I have shown, MERNİS does not
operate as planned. This situation derives from the ambivalence toward the
individual into
transition Turkey has attempted to make to become a modern electronic
state. As a result, Turkey has not yet entered the mode of control societ- the production
ies. For the time being, this means that MERNİS will simply function as
a registration system. system through
The tragicomedy of MERNİS in particular and the state system in
general comes into view at this point. Since the Turkish state has an insuf- a legitimate
ficient global outlook and lacks the necessary technological, political, and
economic resources, the relation between the individual and the state in governance
Turkey does not resemble the countries where the MERNİS-like systems
function more efficiently. The state is unable to construct a strong control
process.
mechanism and to apply normalization practices to the extent that would
allow Turkish authorities to control citizens “properly” for a global pro-
duction system. Although MERNİS can produce and keep a huge amount
of population information, it is uncertain that the state is able to use this
information to form effective surveillance procedures. Consequently, citi-
zens cannot take advantage of the benefits and facilities that MERNİS
offers; but neither are they exposed to continuous surveillance. Unless
the state pays greater attention to the citizenship-production function of a
global control society, it will continue to operate surveillance systems like
MERNİS from a sense of fear rather than administrative efficiency—the
fear of losing its traditional authority to the dynamics of the global sys-
tem. This fear prevents the state from comprehending the significance of
MERNİS and actually works against its own interests and the interests of
capital. Ironically, citizens of Turkey seem freer in this regard than those of
other countries where there is an effective registration system. The lack of
necessary rationality in state mechanisms appears to be to the advantage
of the people.
Nevertheless, the citizens of Turkey may have to face more dangerous
effects than citizens in the advanced countries where an effective control
has been established. The state’s lack of rationality indicates also the lack
in the stability, certainty, and legality of the system—derivative perhaps
of the state’s ambivalence toward modernization. This internal contradic-
tion has deprived the Turkish state of some of the properties possessed
by states in societies of control. Gilles Deleuze suggests that in societies
Notes
92 Çağatay Topal
5. Seref Hosgör, interview by the author, Institute of State Statistics, March
2002.
6. This was the position of Ünal Yarimagan, a research professor in the
Department of Computer Engineering at Hacettepe University, whom I inter-
viewed in March 2002. This rush to construct MERNİS might suggest a lack of
desire to wait to adapt to global developments, but it could very well have been
an (obviously unsuccessful) attempt of the Turkish state to shorten the transition
period from a society of discipline to one of control.
7. In the MERNİS booklet published by the Directorate of Population and
Citizenship Affairs, it says that although the residence-based registration is a legal
obligation, it has not been effectively applied.
8. Hosgör, interview by the author.
9. Kemal Madenoglu (then director general for social sectors and coordina-
tion), interview by the author, Organization of State Planning, March 2002.
10. Interview by the author, Institute of Population Studies.
11. Hosgör, interview by the author.
12. Ünal Yarimagan, interview by the author, Department of Computer Engi-
neering, Hacettepe University, March 2002.
13. Atasoy, interview by the author.
14. N. Murat Ínce, Elektronik Devlet: Kamu Hizmetlerinin Sunulmasında Yeni
Ímkanlar (Electronic State: New Opportunities for the Provision of Public Services)
(Ankara: Devlet Planlama Teskilati, 2001), 56–57.
15. Michael Hardt and Antonio Negri, Empire (Cambridge, MA: Harvard
University Press, 2000), 310.
16. Kevin D. Haggerty and Richard V. Ericson, “The Surveillant Assem-
blage,” British Journal of Sociology, no. 4 (2000): 610.
17. Roger Whitaker, The End of Privacy (New York: New Press, 1999).
18. Manuel Castells, “Materials for an Exploratory Theory of the Network
Society,” British Journal of Sociology, no. 1 (2000): 23.
19. Christopher Dandeker, Surveillance, Power, and Modernity: Bureaucracy
and Discipline (Cambridge: Polity, 1990), 129.
20. Gilles Deleuze, “Postscript on the Societies of Control,” October 59
(1992): 5.
21. Ibid., 3–7.
I N U B I Q U I TO U S CO M P U T I N G EN V I R O N M EN T S
Everywhere in our daily lives, we are identified, tracked, profi led, and
known. Infrastructures of surveillance—everyday, taken-for-granted,
institutionalized, and technically mediated practices that identify indi-
viduals and observe and analyze their actions—permeate society. These
infrastructures determine who is able to view whom, at what expense,
and for what purpose. They mediate the production of social knowledge
and social power.
The popular press decries these developments for the loss of privacy
they entail. Scholars warn that these surveillance practices group individu-
als into classes, then treat those classes in a discriminatory fashion. But
visibility is not always detrimental to individuals or social groups. The
construction of identity, the naming of a group, the claiming of member-
ship in that group, the representation and dissemination of knowledge of
the group, is a strategy of political power. The political (and epistemologi-
cal) question is not whether individuals are known and typified. We always
are. Rather, it is a question of how individuals are known and typified—by
whom, to whom, as what, and toward what end we are made visible. This
article moves the arguments over information environments away from
issues of privacy, probing instead the ethical allocation of the resources of
visibility and knowledge production.
I start from the position that there is no preexisting “self” that privacy
protects. Social roles, social situations, and social relations are created in
their performance. According to Erving Goffman, social identities are
the enactments of social relations. “To be a given kind of person, [is] to
sustain the standards of conduct and appearance that one’s social grouping
attaches thereto. A status, a position, a social place is not a material thing,
to be possessed and then displayed; it is a pattern of appropriate conduct,
coherent, embellished, and well-articulated. . . . It is something that must
be enacted and portrayed, something that must be realized.”1 The abil-
ity to present the self, and to make moral claims about how one is to be
perceived and acted toward, is a fundamental mechanism for structuring
social relations and for asserting social power.
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
But these roles and relations are not created anew with each perfor-
mance. The performances themselves occur within, and are structured
by, institutionalized settings and culturally specific “common sense.” Nor
do these contexts exist apart from the performances within them. Places
are constituted through social action. The experience of an urban park
is the physicality not merely of trees, fountains, and playgrounds but of
the interactions that are tacitly permitted and encouraged in the locale
understood as “urban park.” There is thus a recursive relation between
performance in the here and now and enduring social structures. To
paraphrase Anthony Giddens, social structures are always the product of
the activity they recursively organize. 2 Therefore research into the social
construction of identities necessarily looks simultaneously to the agency
of performance and the structure of context.
Understanding the mediation of activities that sustain identity, subcul-
tural knowledge, and regenerative places becomes even more important as
physical spaces—our offices, our homes, our shopping districts—become
more and more shot through with “pervasive” or “ubiquitous” or “con-
text-aware” computing and information systems. Research and develop-
ment of ubiquitous computing (ubicomp) focus on the coordination of
sensors, software agents, and databases to serve appropriate information
to appropriate individuals in appropriate contexts. Ubiquitous comput-
ing environments, then, form part of an infrastructure of identity, social
relations, and place making.
A ubicomp environment is part of the setting in which the performance
of social identity occurs. It does not monitor an objective context or situ-
ation; it is always implicated in the construction of those contexts and
situations. Consider, for example, this description of an ubicomp environ-
ment developed by GeePS, a location-based marketing service: “Think
of GeePS as a local market, a one-mile circle of energy around a potential
customer, which moves with him or her, providing local information that
fits individual needs. This information is dynamic and controlled by the
merchants, communities and establishments in that radius.”3 Designers of
such ubicomp environments aim not only to construct the place the indi-
vidual inhabits but to manage the flow of informational resources within
that space: they control which “local market” to present to the individual;
they impose both a predetermined set of “needs” and the social ontology
on which those needs are predicated; and, in the case of GeePS at least,
they insert commercial criteria for determining social goals.
The intent of this article is to take some lessons from the “real-world”
negotiation of identity and apply them to rethinking the design of ubiq-
uitous computing systems. I analyze how gay identity is managed in per-
sonal and political terms and map the prerequisites of successful identity
96 David J. Phillips
management onto ubiquitous computing environments. Though the same
processes are involved as any individual embraces identity and community
and negotiates social position, the gay rights movement, gay politics, and
the everyday praxis of gay men and lesbian women demand that these
management activities be acute, conscious, and theoretically informed.
Drawing on this experience, I suggest ways that ubicomp environments can
be structured to ensure the ethical allocation of the resources of visibility
necessary for the construction of identity, context, and social relations.
98 David J. Phillips
identifiers and the models representing their activities. Socially informed Ubicomp
design would also address the extent to which those identifiers and those
models, indeed the operation of the information environment as a whole, designers should
are visible to its inhabitants.
In evaluating the degree to which an information environment makes incorporate such
available a recognized and acceptable identity category, ubicomp designers
models of strong
might ask whether and to what extent users are aware of the data records
used to represent them. Are those data records malleable? Do they permit pseudonymity to
novel structures and novel values? For example, do census forms permit
subjects to occupy multiple racial categories, or none? Can one assume protect separable
trans, or for that matter N/A, as a gender identity? Can one assert that one
is “married” to several others? performance
In designing for awareness of the context in which one acts, and one’s
performance in that context, ubicomp environments need to provide contexts for
feedback. This could take the form of what David Nguyen and Elizabeth
Mynatt have called “privacy mirrors”—interfaces that enable users to these separable
monitor the data impression they are exhibiting to others.6 Performances
identities and
are self-reflexive—dancers rehearse before a mirror, actors rely on the
director to let them know what “plays.”
install some form
To facilitate the ability to limit one’s proclaimed identity to particu-
lar social contexts, designers might consider strong pseudonymity as an of privacy mirror
appropriate solution. Strong pseudonymity would allow any actor in an
informational environment to “try on” a persona, to take advantage of the to heighten
attributes of that environment without fear that the persona will be linked
to other identity performances in other social contexts. This is similar to the awareness
going to an unfamiliar neighborhood to buy pornography or going to gay
bars only when on business trips. For example, the lamentably defunct and experience
Freedom service permitted users to establish several unlinkable pseud-
onyms, say a “WorkerJoe,” a “GoodTimeJoe,” and a “CitizenJoe.” Joe could of each
choose among those pseudonyms for each Internet session, so that, though
performance.
Web sites may be able to track his activities, his work activities could not
be linked to his political activities.7 Ubicomp designers should incorporate
such models of strong pseudonymity to protect separable performance
contexts for these separable identities and install some form of privacy
mirror to heighten the awareness and experience of each performance.
Construction of Community
With the third political function of coming out, gay men and lesbians
publicize, interpret, and argue over the social value of a gay identity. This
includes the public recognition not merely of a gay identity but of gay
icons, gay political districts, gay markets, the “queer eye.” This mode of
coming out links in-group recognition with public representation.
Conclusion
Notes
The Chinese character [han] shows a heart and it shows a head that’s Margaret
turned away. Morganroth Gullette
—Philip Gourevich, New Yorker, 8 September 2003
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 Margaret Morganroth
Gullette.
A change in national family. The legendary Truth and Reconciliation Commission of
South Africa revised history by asking for oral testimonies of perpetrators
historical memory willing to admit complicity. There and in Argentina, Chile, El Salvador,
Guatemala, testimonies have also been followed by some general, public
would provide change of judgment about the high-level perpetrators, from admiration to
condemnation. Even without apologies from a complicit government, some
an opportunity
degree of redress may occur: the label of “human rights violators,” social
shame and loss of power (as with Chile’s Pinochet), attempted extradition,
to teach the
trials, convictions, prison sentences.
history of dissent, Andrew Ross calls this “far-flung political style” apologitis because
the symptoms are “empathy without mourning, and atonement without
of the American liability.”3 But the state apology, however pro forma, seems to be a sine qua
non for other snowballing forms of ethical and political vindication.
Lefts, more In the United States, only a few years after the Vietnam War ended,
President Jimmy Carter amnestied the conscientious objectors who had
evenhandedly. shortly before been stigmatized as “draft dodgers.” President Bill Clin-
ton, forty years after the internment of Japanese Americans in World
War II, apologized to them and offered some restitution. There are many
absences in the short list of American apologies, including slavery and the
extermination of native peoples. Another striking absence is any official
acknowledgment of the damage done during the 1940s and 1950s by the
“Red scare” to the innumerable people who suffered “McCarthy”-era
repression. No president, even since the collapse of the Soviet Union, has
striven to make amends to them. No government agency has been deputed
to ask for their testimonies. There is no national archive hurriedly collect-
ing statements while the aged primary informants are still alive and while
their midlife offspring are eager to see justice done for them.
Redress at this beleaguered site of memory would have significant
political consequences for the nation as a whole. It would provide a chance
to admit that our state, too, can misuse power, to affi rm the values central
to the Constitution and the Bill of Rights, and to make sure violations do
not shrink our freedoms—at a time when the foundations of liberty are
once again under attack, now in a “war” against Islamic terrorism. An apol-
ogy could be a springboard for the dominant media to revise their version
of history—which is the fi rst stage of any new mainstream understandings.
A change in historical memory would provide an opportunity to teach the
history of dissent, of the American Lefts, more evenhandedly.
There is another urgent issue, of healing psychic wounds before it is
too late. In the United States, the elderly victims who are still alive have
not been waiting for an apology because they do not expect it. Many who
identified once as Communists refuse to say they were, out of fear of pro-
voking the heavy opprobrium constructed a half century ago and still kept
Suffering
Patriotism
Freed Speech
Letters written at the time, and life stories told twenty or forty years
later, often use a rhetoric shared by members of the party and the move-
ments. It was a mixture of humanistic universalism; religion (the Bible,
especially Exodus); patriotic and Marxist metaphors; pulp fiction; folk,
black, and popular music; journalese and “high” style, as nurtured in
Popular Front circles. The cultural critic David Thorburn described the
rhetoric of the Rosenbergs’ letters as mingling some of these strands.74
Paul Robeson’s line “This is America to me!” was to many their ideal-
istic anthem. Insofar as they shared it, they sound now like members of
an extended family. The language was not highly theoretical, but ordi-
nary people used the concepts of class and race and gender in ways that
were meaningful to them. Using such concepts, many thought proudly of
themselves as “intellectuals.” The language was informed by a belief in
self-improvement and progress for “the masses,” including themselves.
The more one reads the philosophy of these activists in their own words,
the more it looks like the American dream democratized. It was a com-
fortable, emotionally appealing rhetoric, and the victims did not forget
it. Those who later felt free to speak claimed it again. Some of their adult
offspring—like Levins and Ben-Avi—share it.
Whenever we try to treat them as a collective verbally, however, we
must warn ourselves that “Communists” were treated in the 1950s and
after, and sometimes today, as uniformly brainwashed and congenital
liars. Alfred Kazin, writing in 1978, mocked “souped-up patriotism”
but sneered that “the Rosenbergs in the death house wrote the crudest
Party slogans to each other in the form of personal letters.” 75 Taking the
One curious relevant fact about the published testimonies is that many
were written by people who were children in the 1950s, speaking on behalf
of their tainted parents. They wrote not to appropriate their parent’s
voices but as witnesses to the suffering or to the legacy, and because the
dwindling of fear took so long that often their parents had died.
But the children are not an issue in this country. They were not
Commies and Fifth Amendment pleaders. Their loyalty to their parents,
although moderated occasionally by ambivalence or chilled by Cold War
intensity, does not necessarily rehabilitate the members of the movements,
or a fortiori, the members of the party. The children shared a reflex of
their parent’s terror, but most were removed from the worst by the buf-
fer their parents provided. They were too young. They remember other
preoccupations suited to their years, like 1950s dating. Fine witnesses to
the troubles and value of their political inheritance, they cannot convey
the experiences of the generation that bore the brunt.
There are not enough vital fi rsthand published testimonies by the
adults. This is another catch-22 in this history of continual impediments
to speech. Communist Party leaders wrote memoirs: Dorothy Healey, Gil
of enormous Of course it’s not easy to know about the death penalty and not worry about
it sometimes, but let’s look at it this way. We know that a car could strike us
careful love in and kill us, but that doesn’t dispose us to spend every minute being fearful
about cars. You see, we are the very same people we ever were, except that
the presence our physical selves are housed under a different roof from yours. Of course,
we feel badly that we are separated from you but we also know that we are not
of profound guilty and that an injustice has been done to us by people who solved their
own problems by lying about us. It’s all right to feel anyway you like about
injustice, the them, so long as your feelings don’t give you pain and make you unhappy.
condition of She added, to her husband directly, “If we can face the thought of our
intended execution without terror, then so will they.” 81 Ethel knew her
Antigone before letters were being read, and probably knew her mothering was being
judged (although not how dreadfully much the verdict would matter). But
Creon.
no mother who was insensitive could have imagined her sons’ terror or
worked so hard to invent a solution. I defy anyone to read Ethel’s sweet,
strained eloquent voice in its context without the welling up of the heart
that comes from the recognition of enormous careful love in the presence
of profound injustice, the condition of Antigone before Creon.
This essay is dedicated to Mike Brown; to Paul Buhle and others whose inter-
views made it possible; to historiographers like Ellen Schrecker who provided
the missing record; to the brave progressives of earlier generations, especially the
Communists; and to my son’s generation, which should have been taught national
reconciliation in school. My thanks to Sara Gruen, my scholar-partner at the
Women’s Studies Research Center, Brandeis University, in the fall of 2003, who
helped with research and read this with a fi ne editor’s eye. Norah Chase and Alix
Kates Shulman offered important comments.
1. Andrew Ross, Real Love: In Pursuit of Cultural Justice (New York: New
York University Press, 1998), 194.
2. Jude Webber, “Peru Doubles Estimate of Death Toll Stemming from Vio-
lent Decades,” Boston Globe, 29 August 2003.
3. Ross, Real Love, 194–95.
4. Telephone communication, 2003, from a woman of seventy-nine years who
was a housewife during the era, but whose husband lost his job as a union leader.
She wishes to remain anonymous. On still being penalized for “continuing to hold
the same philosophical outlook,” see Ben Gray, Oral History of the American Left
(OHAL), Tamiment Library, New York University, Series IV, 2-3.
5. Carl Bernstein, Loyalties: A Son’s Memoir (New York: Simon and Schuster,
1989), 69.
6. On the new historiography, see Michael E. Brown, Randy Martin, Frank
Rosengarten, and George Snedeker, eds., preface to New Studies in the Politics and
Culture of U.S. Communism (New York: Monthly Review Press, 1993), 7–13. On
the relations between the party and the much larger “dynamic social, cultural
and political movement that challenged the status quo and served as the primary
conduit for a socialist critique of U.S. society,” see Ellen Schrecker, “McCarthy-
ism and the Decline of American Communism, 1945–1960,” in Brown et al., New
Studies, 123–40. See page 125 for the “populist” versus “elite” interpretation of
the origins of the red-baiting era. On current means of keeping red-baiting alive,
see Ellen Schrecker, ed., Cold War Triumphalism: The Misuse of History after the
Fall of Communism (New York: New Press, 2004).
7. Telford Taylor, foreword to Cause at Heart: A Former Communist Remem-
bers, by Junius Irving Scales and Richard Nickson (Athens: University of Georgia
Press, 1987), xvi.
8. Maurice Isserman and Ellen Schrecker, “‘Papers of a Dangerous Ten-
dency’: From Major Andre’s Boot to the VENONA Files,” in Schrecker, Cold
War Triumphalism, 159.
9. Eric Hobsbawm, The Age of Extremes: A History of the World, 1914–1991
(New York: Vintage, 1994), 236. David Caute says that the Palmer raids and
deportations of 1917–20 were worse, but “the second repression was the more
profoundly corrupting, the more corrosive of habits of tolerance and fair play”
(Caute, The Great Fear [New York: Simon and Schuster, 1978], 20). Gary Wills
contrasts Palmer’s “small force of federal marshals” to the vaster post–World War
II FBI, in the introduction to Scoundrel Time, by Lillian Hellman (Boston: Little
Brown, 1976), 17.
Holding a pirated VCD copy of Kill Bill: Vol. 1 (dir. Quentin Tarantino, Laikwan Pang
2003) that he found on a Beijing street, U.S. Commerce Secretary Don
Evans solemnly warned the Chinese government in his Beijing press
conference: “We have been patient but our patience is wearing thin.”1
Evans was on the mission to coerce the Chinese government to further
open its markets for American products and services; this economic mis-
sion was a crucial item in George W. Bush’s reelection campaign, and
Evans chose to attract media’s attention and solicit the American people’s
identification by picking up on a pirated Hollywood fi lm as the ultimate
symbol of China’s disrespect of fair trade in general and the country’s
robbery of American wealth specifically. The VCD copy, according to
Evans, was found all over Beijing, yet the fi lm had begun its fi rst run in
movie theaters in the United States just two weeks before and was not
available in U.S. stores in video or DVD format. Evans told members of
the American Chamber of Commerce in Beijing that “it didn’t take long.
In the last twenty-four hours, I was able to purchase a CD on the streets
of Beijing.”2 As Evans had arrived in Beijing only the afternoon before,
his assertion simply implies that hitting the streets of the capital to locate
a bootlegged version of a recent big-hit Hollywood fi lm was the fi rst, and
probably the most important, task for this high-profi le China visit. With
a pirated fi lm in hand, Evans could praise American creativity, criticize
protectionism, defend globalization, celebrate market liberalization, and
curse political authoritarianism all at the same time. The bootlegged Kill
Bill VCD effectively condensed a basket of capitalist ideology into one
sublime object.
Behind this sublime object is the American interest and power gov-
erning the current copyright discourse. As Ngai-Ling Sum demonstrates,
“New narratives such as the ‘copyright story’ and new data such as ‘piracy
statistics’ enable the self and the others [of the United States] to be rede-
fi ned. Once classified as ‘copyright partners’ or ‘copyright enemies’ (i.e.,
pirates), countries then either join the ranks of ‘most-favored nations’ or
are placed on the U.S. ‘Watch List.’”3 While Hollywood—as revealed in
Kill Bill, which I discuss below—is itself a major pirate of global trends
and tropes, it is always the accuser against other countries for violating
Social Text 83, Vol. 23, No. 2, Summer 2005. Copyright © 2005 by Duke University Press.
Hollywood works, as it forges a national cinema through the construction
of its enemies.
Film scholars have repeatedly stressed the difficulties of conceptual-
izing the structure and practice of national cinema because of the trans-
national nature of today’s cinema—in terms of fi nancing, production, and
reception.4 Although widely used, the concept of national cinema is often
more a convenient hypothesis than a real practice of fi lmmaking and fi lm
viewing.5 An uncritical use of national cinema is also often accused of being
ignorant of “nation” as an illusive and oppressive concept.6 There is, how-
ever, still a legitimate academic use of national cinema: as a hypothetical
model against Hollywood.7 Hollywood, therefore, is always the opposite of
national cinema, both in terms of its own transnational nature and its hege-
monic position condemned as the enemy of all national cinemas. But rela-
tively few have discussed if Hollywood can be considered a “national” cin-
ema. Focusing on Kill Bill, I want to complicate the national-transnational
dynamics of Hollywood on two dimensions: its transnational textual
appropriation and its global distribution, both of which are protected and
complicated by the U.S-centric copyright discourse. To situate the global
status of Hollywood textually and contextually, I am interested in exploring
how Kill Bill is understood as “copy” on the levels of both representation
and industrial product; I also want to analyze how the copyright discourse,
although a handy and powerful tool for Hollywood to reinforce its global
interests, always fails to fully control the global cinemascape precisely
because a fi lm is not only an industrial product but also a complex system
of representation.
Copyrighting Hollywood
The United States has become such a strong cultural power partly because
it was a pirate nation in the nineteenth century. Lawrence Lessig reminds
his American readers that “our outrage at China notwithstanding, we
should remember that before 1891, the copyrights of foreigners were not
protected in the United States. We were born a pirate nation.”20 Such
active pirating practices were particularly important to the development
of Hollywood in the beginning of the twentieth century, allowing it to
become the largest fi lm factory in the world. As Siva Vaidhyanathan dem-
onstrates, Hollywood transformed from copyright-poor to copyright-rich
during the twentieth century, as it shifted from its free and easy adapta-
tion of works from copyright-rich literary authors to become in itself a
global enterprise highly protective of its own works. 21 The thick copyright
protection the U.S. government is seeking globally does not mean that the
American culture industry need not “consult” the ideas of others. Quite
the contrary, Hollywood has always actively appropriated both ideas and
expressions of other cinematic traditions. As is well known, the U.S. fi lm
industry has always imported cultural workers from around the world for
their creative ideas, and it also usurps ideas directly from other cinematic
traditions. 22 The rapid and effective appropriation of other cinematic
traditions into its own might be, ironically, one major defi ning feature of
Hollywood as a national cinema.
As such a prolific culture industry producing hundreds of feature-
length fi lms annually, it is clear that Hollywood cannot afford the doctrine
of “originality.” Alan Williams identifies an eternal Hollywood problem:
“Where to get the basic narratives for the huge number of fi lms to be
made each year?”23 Kill Bill, consciously or not, foregrounds this eternal
Hollywood problem by stating almost explicitly the fi lm sources that it
borrows. In fact, few viewers would miss the “postmodernist” style of Kill
I didn’t write it as a stand-alone action scene. It was just like the whole rest
of the script. I was kinda working my way through it, you know. But when
I didn’t have a middle section, what I would do is I’d think of something I’d
seen in a cool Kung Fu movie. A cool moment that Samo Hung did in that
movie or Yu Wang did in that movie and let that be the space in between.
Then over the course of a year I’d constantly rewrite it and rewrite it until all
those things I’d take from other movies were gone and it was all fi lled with
original stuff, so that’s how I did that. 24
Green: “You bitch, I need to know if you will gonna starting more shit around
my baby girl.”
The Bride: “You can relax for now, I’m not going to murder you in front of
your child, ok?”
Green: “I guess you are more rational than Bill led me to believe you are
capable of.”
The Bride: “It’s mercy, compassion, and forgiveness that I lack, not
rationality.”
But the subtitles of the pirated version translate the dialogue as follows:
This set of subtitles, as clearly shown, corresponds little to the real dia-
logues, and even suggests incorrect information, as The Bride originally
says she does not have any passion, while the subtitles of the pirated ver-
Notes