Back to the Future

A Recursive History of Surveillance

By Florian Hermes & Kim Ly Lam

Throughout German history, surveillance practices and technologies have been used as an indicator to measure and examine the democratization of the nation. But governance has radically changed during the past decades: the use of data has transformed the meaning of information, power and identity, reinforcing the paradigm shift from freedom to control. Along with new democratic practices, new ways of oppression have emerged.

As social and political practices are moving to the digital sphere, the results and consequences of this developtment affect us all. Life itself has become thoroughly networked and so far we have not been able to grasp the dimension of it. During the reading of these lines alone the world produced:

Hence, it is no surprise that media have begun to declare information as the currency of this age, the oil of digital regimes. Even though its abundance makes data cheap, one must not be underestimate the significance of their information: after all, there can be no internet without data. This shift, however, makes it difficult to distinguish surveillance from inevitable data practices.

Only recently, several incidents have sharpened the civic society's perception of the challenges in regard to data monitoring. While the leak of NSA files has sparked an international uproar and worldwide discussions about surveillance policies, the US presidential election in 2016 shed light on the increase of cyberattacks and disinformation campaigns on the internet. Meanwhile, the German government keeps pushing policies that intrude the private sphere of its citizens. The “Vorratsdatenspeicherung” (VDS) and the "Quellen-Telekommunikationsüberwachung", for instance, are recent examples that foster the creation of digital records of German citizens and the use of State Trojans as new digital bugging devices.

Regardless of the German promise to not repeat the misdeeds of the 20th century, the measures bear an alarming resemblance to the Stasi monitoring programs between 1949 and 1990. With the secret police of the GDR being considered a prime example of state-run monitoring, digital surveillance is often described as the "Stasi 2.0". And indeed, history has taught us that past mistakes are likely to recur. Monitoring is still en vogue as power never gets out of fashion. The stakes are high.

The Stasi Technology

















In order to fully understand the impact of digital surveillance, one needs to look at times, in which monitoring was similarly invasive. This genealogic approach, however, demands more than the mere uncouth tag "Stasi 2.0". A thorough comparison of today's state to the GDR regime is an indispensable step to reach out for facts - and to counter superficial and fake news.

The map on the right illustrates the dispersion of the Stasi power.
















Until the downfall of the Berlin Wall, 91 000 full-time workers were employed by the so-called Ministry of "Staatssicherheit", the heart of the DDR surveillance system. Working closely with the Soviet intelligence apparatus, namely the KGB, the Stasi perceived its role as the “shield and sword” of the ruling Socialist Unity Party of Germany (SED). Apart from regional administration, the Stasi also operated district offices.













The civic society, too, was actively recruited to participate in the surveillance system. By supervising their own environment and submitting the information to the ministry, citizens became so-called "inoffizielle Mitarbeiter" (IMs). The number of IMs increased to 180 000 until the mid-seventies.















Although the Stasi relied on its personnel, most of its operations would not have been feasible without the use of efficient and effective surveillance technology. The tools were as secretive as they were technologically advanced. While the handbags of many agents had small cameras installed, felt pens acted as a camouflage for undercover audio recorders. The continuous monitoring was additionally secured by wiretapping procedures that targeted the suspect's home.














The agents of the Stasi raids usually waited for the suspects to leave their home, only to break into their accommodation afterwards. Private devices like phones were bugged as well as microphones placed inside the walls. Innumerable GDR citizens fell victim to the Stasi's spying this way.
















The huge amount of data generated by the Stasi thereafter was stored in the so-called "DDR files". The DDR files were a giant database with records of all kinds of operations, including the information on the agents that worked on these tasks, the people that the Stasi observed and the insights gained into their private lives. Names, nevertheless, remained often decrypted: Only by combining multiple different records and code names, the real names could be found out and allocated.
















The Stasi surveillance system primarily focused on DDR citizens that did not stick to the party line and were perceived as threats to the stability of the regime. Evidence and legal charges, however, did not play a major role in the investigation. Instead, the Stasi applied monitoring as an instrument to exert pressure, foster fear and prevent resistance - with little to no respect to the individual’s private sphere.

To this day, the DDR state is regarded as a dictatorship.














Even though East Germany is not governed by the GDR anymore, surveillance strategies remain. While information gathering still poses a vital practice for governance, which the importance of data patterns for policy-making reflects, its practice is cheap and required for the internet's inherent functioning.

Surveillance nowadays thus has reached a new state of normalization, permeating life even more effectively than the control instruments of the GDR regime. Hence, critics like the French philosopher Gilles Deleuze speak of a “progressive and dispersed installation of a new system of domination” on the internet.

Meanwhile, citizens are increasingly quantified for the sake of datafication and have become part of a digital intangible system. One that turns the private individual into a public figure in order to perpetually modulate them afterwards.

In spite of the German Basic Constitutional Law and the prohibition of the violation of individual privacy rights, digital identities continue to be vulnerable.

Privacy activists, NGOs and the national data security office have long begun to warn of the abuse of IT-tools and the violation of fundamental rights. Their demand is concrete: the question of how and to what extent authorities are allowed to access people’s data and how they are supposed to treat them, is a matter of public concern that needs to be addressed publically. A request that is often ignored by the cabinet.

To date, many of the governmental decisions are still made in back rooms and hence cannot be inspected and discussed. This also applies for State Trojans. The use of the spying software had been denounced as unethical and risky multiple times during the past decades.

Here's a short information video about State Trojans:




























Even though State Trojans might evoke memories of the wiretapping procedures by the Stasi, the extent and impact of both practices significantly differ. Since data - and especially, meta data - are easy to access, the quality of surveillance has changed. Whereas the Stasi used to be restrained by the size of its staff and budget, digital information is omnipresent. It needs no IM to create and infiltrate trustful relationships and obtain senitive data. The state solely needs algorithms sophisticated enough to gather, process and link the traces that the user produces. In addition, authorities cooperate with numerous service providers that act as gatekeepers to the data.




The German “Vorratsdatenspeicherung” (VDS), for instance, forces service providers to store the telecommunication metadata produced by their costumors for the investigation and prosecution of crime - with no cause or reason needed. This approach has caused much criticism in the past. Regardless of the Verfassungsurteil in 2010, which declared the VDS as unconstitutional, a new version of the VDS entered back in force in 2015. Due to a court decision filed in 2017, the VDS is currently on hold. But its use of the principle of general suspicion remains disputable.




A quick recap: Providers keep a record of who is calling whom at what time, as well as how long and from which location the communication takes place. These metadata are sufficient, in order to reconstruct the communication and make assumptions of the content. When it comes to SMS, some of the companies do not separate the content data from the metadata in the first place. Therefore, the users are forced to blindly trust the authorities that access this information and have no option to scrutinize them.




This sensitivity also applies to the use of the internet: by accessing the IP address, the browser that is used, the user’s location and the websites visited, including timestamps, the government is able to reproduce the complete browsing history during crime investigations. The definition of what counts as a crime and what crime actually licenses the state to make use of the VDS, however, remains blurry.




Even though the database does not store the user’s clear name, the combination of different datasets makes it possible to trace back identities. Privacy thus cannot be protected by means of name blackening - a method often used as an argument by German authorities to soothe the public. This mapping of information, again, poses an analogy to the practices of the Stasi and the GDR files.










No matter whether it is the data on what clothes one wants to buy, which political party one is sympathizing with or with whom one has a romantic relationship - there are no longer secrets and anonymous identities in telecommunication. The complete lifestyle of an individual is recognizable through the data stored by the VDS. It is a powerful instrument - and a potential weapon.

The maintenance of a surveillance web is difficult but its legitimization poses an even bigger challenge that not only present politicians struggle with. Whereas today, current fears of terrorism and right-wing populism are often instrumentalized in order to justify monitoring policies, the GDR regime followed a different strategy. The East German state knew that measures had to be taken, in order to appease the public and mitigate resistance. They, however, had to rebuild a country at the same time, which is why negative and fearsome rhetoric alone would not suffice.















Hence, the notion of collectivity was central to the propaganda of the DDR regime. While the SED-run government attempted to solidify its relationship with the Soviet Union by manifesting the socialist ideology, the promotion of collective ideals also fostered the neglect of individual identities - and rights.
















Even women and the youth were encouraged to participate in the stabilization of the regime and embodied the collective narrative. What was sold as an act based on egalitarian values by means of empowering all members of society, in reality served the construction of the socialist identity. The identification made it easier for the regime to pass laws that expanded its power.
















It did not take long until the first regulations were announced that facilitated state-directed economy. Not without reason, the DDR was called a "Bauernstaat": by 1947, one third of the agricultural crop land and the pasture were dissected and turned into small lots. The state strived for the dissolution of private companies, demanding their incorporation into collectives and thus turning collectivity into political reality. The condition of the economy, however, remained disastrous.













Despite the economic crisis, the GDR managed to prolong the regime's existence for decades. Collectivist rhetoric played a major role in solidifying the GDR's relationship with the Soviet Union and helped constructing the notion of “the other”, that is to say, the proclamation of a “we” and a “them”, from which Moscow profited during the Cold War. This dualist perception came in useful every time public enemies were pursued and ultimately legitimized surveillance as a reasonable practice.

Discursive techniques still play a vital political role to date. By using the right discursive techniques, politicians are able to promote certain policies, conceal contradictions and construct visions of political order that reflect their own ideology. It is a strategy that enables governments to turn their ideas into individual intrinsic needs through which citizens can be easily controlled.














What is even more crucial about today’s discourse is how most of the digital monitoring activities are not referred to as political practices in the very first place. Stakeholders have begun to avoid political resistance by omitting the political discourse altogether, as digital technologies are increasingly framed in an economic context. Political weapons have become “disruptive innovations” - a shift that conceals important political debates by camouflaging the content. It also allows parties to use techno-deterministic visions, in order to mask the actual aim: surveillance.














After all, people are more likely to buy into an idea that appears futuristic rather than dangerous. A fitness watch by Fitbit, for instance, that is sold as an instrument to enhance one’s individual performance sounds much more alluring than a tracking device that forwards data to the health insurance.
















Rather than openly discussing the downsides of their products and policies, politicians and companies obscure them by steering the public’s attention to what is promoted as desirable. These desirable imaginaries, however, can only be uncloaked when we learn the underlying assumptions of the discourse - and thereafter expose what intentions the discursive actors actually pursue.














Talking Freedom

As for technologies like Fitbit wristwatches, the notion of self-optimization and productivity is central to the discourse. It shifts the attention from disciplinary control to individual self-realization, encouraging people to participate in the practices of biopolitics and normalization.

As observed in the case of the DDR, state authorities and private companies set new norms and enforce politics by propagating certain needs. Health, fitness and beauty have become currencies within the social networked world as people have turned into their own brands and commodities. Using these desires and manipulating them does not only lead to a higher acceptance of surveillance policies and visions; it also redefines the assumptions on core values like freedom and security.

There are certainly many ways to define freedom as different arguments presuppose different understandings of this entity. Or to put it in the words of the philosopher Isaiah Berlin: "Enough manipulation with the definition of man, and freedom can be made to mean whatever the manipulator wishes".
















The public discourse run by the German government, for instance, often promotes the idea of “positive freedom”. This concept emphasizes the notion of self-mastery and measures liberty by one’s ability to adapt and govern oneself. And: it presupposes a safe space protected by the state.
















The reason for this requirement is simple. If the government does not set boundaries to create a secure environment, the individual might be constrained by potential threats. It is assumed that no one can lead fulfilling lives or accomplish self-realization when crime lurks behind every corner. Hence, control instruments are perceived as helpful tools that facilitate security and ultimately self-rule. The positive view regards restrictive rules as instruments that foster freedom in the long run.
















The concept of “negative freedom”, however, turns these ideas around. Rather than helping the individual to express his or her own free will, regulated spaces are principally perceived as instruments of oppression since control and coercion potentially minimize liberty.

“Negative freedom” thus affords minimal influence from authorities, which representatives of “positive freedom” openly embrace.














Whereas activists and NGOs mostly plead for the negative concept of liberty, the discourse on the enforcement of digital surveillance is biased towards its positive counterpart. Techno-deterministic and cybernetic world views are put forward in order to legitimate control, while politicians like Thomas De Mazière speak of “freedom in security” and therefore testify to this positive notion. It is therefore critical to question the bias in order to fight for the freedom the state claims to protect.

The comparison between the DDR and present politics revealed common strategies of control that were disguised in different manners. We have learnt about the mistakes of the past and found their modern equivalents. But one question remains unanswered: what solutions of the past can we reach for? What can we retrieve to review, rework and resolve today’s challenges?












There are numerous moments in history, in which the public successfully countered surveillance programs. One popular example of the resistance against the Stasi was the occupation of the ministry in 1989/90. It was only shortly after the fall of the Berlin Wall when thousands of citizens began to occupy the district offices and the headquarters in East Berlin. The former regime had commissioned the demolition of the DDR files and many documents were deleted, shredded or torn into pieces with bare hands. The annihilation only stopped when citizens stormed the facilities and enabled what was key in order to come to terms with the traumatic past: the access and revision of the files.













Contemporary projects like the Snowden Archive pay tribute to that lesson. They attempt to make complicated documents more accessible by providing tools that help create a better understanding of the original NSA files, which were leaked in 2013. By means of listing indexes, descriptions and links to related news stories, the documents become more intelligible and give us an idea of the degree of surveillance imposed by the U.S., U.K., Canada, Australia and New Zealand. The Snowden Archive reflects the importance of preserving the insights into worldwide monitoring programs - for the present discourse and for future generations.













Most of the internet users, however, neither have access to sensitive files, nor know how to program and create data archives. And technical expertise certainly is not the only way to resist and combat surveillance. Instead, it sometimes simply takes a voice to enable the first steps towards change. In the case of the State Trojan, the German privacy and digital rights organization Digitalcourage e.V. erected a constitutional complaint against the according law and runs an online petition.











In the end, the moral of the story is not to demonize technology, but to remain vigilant. Or to put it in Deleuze’s terms: to not fear or hope, but to be aware of the risks as much as the potentials, the latter being overly represented and propagated within the discourse. To reject technology altogether is synonymous to one’s exclusion from the overall discourse. This, however, diminishes all opportunities to negotiate and shape the future.

Technology certainly provides opportunities that still need to be disclosed. It does not take a techno-solutionist perspective to acknowledge that ideas like smart cities or the improvement of disease outbreak controls are worth discussing. What lies at the heart of a society’s willingness to adapt to these innovations is its level of comfort with tech. Hence, it is important that citizens participate in the discourse in order to steer technology into the direction of their values - and to prevent economic actors and states from taking advantage of the silence. After all, surveillance technologies thrive on the secrecy that surrounds them. Many decisions are pushed through behind closed doors only to be legitimized by laws afterwards.

The discourse on surveillance technologies is not only a niche topic, but symptomatic for the challenges of governmental control and civic freedom. Only when the civic society is informed and gets involved, the road to a democratic future can be paved.

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