Yesterday was a beautiful day. I awoke early and drove to the Marine Air Terminal to catch a mid-morning shuttle to Washington DC. Traffic was light on the way to the airport. Parking just next to the Terminal, walking through the 1939 former Pan Am terminal with murals celebrating the world’s first trans-Atlantic Clipper service, I had no premonition how different the day would be than all others. There was no queue at the self-service counter when I picked up my boarding pass, and security was a breeze. The gate lounge was relaxed and quiet while I read the Financial Times about the Debt Crisis in Greece. We boarded a few minutes after the hour and I was concerned about a late departure but we arrived ahead of schedule and for the first time in a long time, I was early to my lunch date on K Street.
The weather in DC was glorious. I hardly noticed how warm it was in the cab from the airport as we rushed through half-empty noontime streets. But after lunch, as I walked to my next meeting I noticed how many students were sitting on the grass in parks in T-shirts and jeans. It was 68 degrees Fahrenheit on January 31, 2012. Next to the students was a long line of homeless people picking up sandwich lunches that a local church was giving out. The homeless far outnumbered the students, a grim reminder on a perfect day that many have lives far from perfect just a few blocks from the White House.
In the midst of this contrast, my wife called to ask if I had seen the USA Today article (http://tinyurl.com/78r2z2c) about the two British tourists who had been deported in LAX because of two joke tweets they had written on Twitter. I hadn’t and didn’t know what she was talking about so she texted me the URL. Two young British citizens in the mid-twenties had used British slang to describe how excited they were to travel to Los Angeles and party for three weeks and the US Department of Homeland Security, who apparently monitor all Twitter messages, interpreted that vernacular to be a potential threat to the United States. The two were apprehended at Passport Control as they arrived, handcuffed, interrogated for 5 hours, locked up overnight in an immigrant holding cell, and promptly deported in the morning.
The offending tweets?
“3 weeks today, we’re totally in LA p*ssing people off on Hollywood Blvd and diggin’ Marilyn Monroe up!” (posted Jan. 3)
“Free this week, for quick gossip/prep before I go and destroy America?” (posted Jan. 16)
Its unclear from the press accounts if the two have a criminal record in the UK, or any other incriminating evidence linking them to terrorist organizations. One is a pub owner, the other his girlfriend. The tweets are a tad sloppy perhaps, but when did sloppy tweets become a reason for imprisonment and deportation? “Destroy” is apparently British Slang for binge drinking, and diggin up Marilyn Monroe is another vernacular party reference. Of course, Tweets are very short, and people cram all kinds of quarter-thoughts into them in non-nonsensical strings of thoughts meant not to be “sentences” but gibes and jokes, references, and innuendo. Its shorthand for friends, comments for fans, staccato blabber.
In America, we like to think of ourselves as intrinsically good. We have a constitution, a Bill of Rights, and believe in the rule of law. We hold that people are innocent until proven guilty – of crimes they actually commit or plan to commit. In our Constitution, we have an Amendment which defines the right to the Freedom of Speech. It reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Twitter is speech. People who write on twitter assemble publicly. That speech is protected by the first Amendment. Writing is the articulation of Thought. It is not a crime to think bad thoughts and write them down. It is a crime to act on bad thoughts written down: to actively plan, conspire, or commit illegal acts.
But when one State monitors thoughts written down, in 140 characters or less, and uses that information to deprive people of their rights, without due process, that heinous example will be copied by other States and no one is safe from the Tyranny of staccato-blabber-incrimination anywhere.
It was at that moment, in the park, between the students and the homeless, on an unbelievably beautiful Washington Day, that I realized how much the world had changed and hard it would be to ever go back to the pre-Twitter days when the Internet was free, speech was protected, and the prosecution of Thought Crimes was an ancient Cold War nightmare or more recent Hollywood fable.
Now, of course, the two British Tweens in Los Angeles are not American Citizens protected by the American Constitution. They have no rights under the First Amendment. Those rights are only provided to American Citizens. So, DHS was within the law in deciding to deport them. But woe be to all of us for the precedent this sets.
The world is inter-connected. Every idea is copied. When the United States of America uses technology to monitor the thoughts of people in its country or visiting its country, that example will be copied. Other Nation States with their own interpretations of Twitter will decide if Americans visiting their Nation have committed Thought Crimes against their State and the penalties could be much more severe.
You could be arriving in Shanghai on business, when Chinese immigration officials stop you at passport control to inquire about the Tweet you wrote in 2008 on the Anniversary of Tienanmen Square. Or you could be en route to Israel via Kiev, when Ukranian border police imprison you over a Facebook post you wrote commenting on an unflattering cartoon of their President. Or you could be vacationing in Victoria Falls, when Zanu-PF police arrest you in your hotel because you participated in Skype conversations with a Zimbabwean friend who lives in South Africa and often blogs against the Mugabe regime.
There are no international treaties protecting Tweets, Faces, or Skypes. What you write and say online can and will be used against you. And the rules will be arbitrary, the punishments potentially quite severe. And every Nation will assert their own jurisdiction to protect the power of Governance over the extremely threatening ability of individuals to use technology to communicate, share ideas, and self-organize purposes not orchestrated by the Nation.
I walked the streets in a daze. Everything seemed different, tainted with the knowledge that every idea in every persons head that I passed could be written on twitter and misinterpreted. A few minutes later, I was in the office talking with some colleagues and mentioned this story to a friend. He doesn’t travel much and didn’t feel directly threatened by the story. “It could have been a couple of inexperienced DHS officers… and Los Angeles is a strange place anyway” he said. I asked if he had a Twitter account, Facebook, etc, and was at all concerned about what he wrote with those tools. Yes to the accounts, no concern.
“I don’t care if they watch me, I don’t do anything wrong.”
That’s what young American idealists said in the 1930′s when they attended Socialist rallies during the Great Depression when it seemed Capitalism had failed and the nation was hungry for new ideas. Twenty years later, those people were hunted down, put on Black Lists, monitored, humiliated in Congressional hearings, and deprived of their ability to work in many professions. These days, it would only take twenty minutes for a video camera or text search monitor to find what you wrote, said, or did and hold you accountable. Maybe you belong to a Union in Ohio or Minnesota, with an active Governor campaigning against Unions? Maybe you subscribe to the Occupy Movement Facebook page? Maybe you joined the Tea Party and Tweet about Conservative ideas?
Maybe you are a libertarian and bemoan the loss of Civil Rights in blog articles.
The technology to monitor what you say and do is trivial today, and thanks to two unlucky British tourists in Los Angeles we all know it is being used. Any idea written down on the Internet CAN be monitored and interpreted by a State anywhere in the world with the right to imprison or kill you, your family, and all your friends on Twitter, Facebook, and Linkedin.
This isn’t 1984. This is 2012 and these are the last days of Internet Freedom. Mark my words. EVERYTHING has changed.