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Edward Snowden’s Libertarian Moment: We “will remove from governments the ability to interfere with [our] rights”

Via Mark Sletten comes this thread from yesterday’s Ask Me Anything session at Reddit that featured Edward Snowden, Oscar-winning documentarian Laura Poitras, and journalist Glenn Greenwald.

The question posed to Snowden:

What’s the best way to make NSA spying an issue in the 2016 Presidential Election? It seems like while it was a big deal in 2013, ISIS and other events have put it on the back burner for now in the media and general public. What are your ideas for how to bring it back to the forefront?

His answer is well worth reading in full (I’ve posted it after the jump), but its essence is a full-throated defense of classical liberal and libertarian theorizing not just about the consent of the governed but the right to work around the government when it focuses on social order over legitimacy. And, as important, a recognition that this is what we at Reason and others call “the Libertarian Moment,” or a technologically empowered drive toward greater and greater control over more and more aspects of our lives. While the Libertarian Moment is enabled by technological innovations and generally increasing levels of wealth and education, it’s ultimately proceeds from a mind-set as much as anything else: We have the right to live peacefully any way we choose as long as we are not infringing on other people’s rights to do the same. Our politics and our laws should reflect this emphasis on pluralism, tolerance, and persuasion (as opposed to coercion) across social, economic, and intellectual spheres of activity.

As Snowden emphasizes, it’s not simply that governments (thankfully) fail at attempts for perfect surveillance and law enforcement. It’s that technologically empowered people are actively worked to route around government attempts to fence us in. “We the people will implement systems that provide for a means of not just enforcing our rights, but removing from governments the ability to interfere with those rights,” he writes (emphasis in original). “we can find ways to reduce or remove their powers on a new—and permanent—basis.”

Reading throught the Reddit exchange, it’s easy to see why Snowden recently brought the 1,000-plus attendees of the International Students for Liberty Conference to their feet multiple times. He isn’s some kind of pie-eyed nihilist, hell-bent on destroying the red, white, and blue for personal fame or out of ideological fervor. At31 years old, he is an exceptionally well-spoken, thoughtful critic of the abuse of power that has become endemic to modern American governance. At the ISFLC, he said his one regret is that he didn’t expose systemic infringement on citizens’ constitutional rights sooner than he did.

If people lose their willingness to recognize that there are times in our history when legality becomes distinct from morality, we aren’t just ceding control of our rights to government, but our agency in determing thour futures.

How does this relate to politics? Well, I suspect that governments today are more concerned with the loss of their ability to control and regulate the behavior of their citizens than they are with their citizens’ discontent.

How do we make that work for us? We can devise means, through the application and sophistication of science, to remind governments that if they will not be responsible stewards of our rights, we the people will implement systems that provide for a means of not just enforcing our rights, but removing from governments the ability to interfere with those rights.

You can see the beginnings of this dynamic today in the statements of government officials complaining about the adoption of encryption by major technology providers. The idea here isn’t to fling ourselves into anarchy and do away with government, but to remind the government that there must always be a balance of power between the governing and the governed, and that as the progress of science increasingly empowers communities and individuals, there will be more and more areas of our lives where—if government insists on behaving poorly and with a callous disregard for the citizen—we can find ways to reduce or remove their powers on a new—and permanent—basis.

Our rights are not granted by governments. They are inherent to our nature. But it’s entirely the opposite for governments: their privileges are precisely equal to only those which we suffer them to enjoy.

Emphasis in original.

Snowden ends by noting that “when [the law] becomes contrary to our morals, we have both the right and the responsibility to rebalance it toward just ends.”

Here’s his full answer:

This is a good question, and there are some good traditional answers here. Organizing is important. Activism is important.

At the same time, we should remember that governments don’t often reform themselves. One of the arguments in a book I read recently (Bruce Schneier, “Data and Goliath”), is that perfect enforcement of the law sounds like a good thing, but that may not always be the case. The end of crime sounds pretty compelling, right, so how can that be?

Well, when we look back on history, the progress of Western civilization and human rights is actually founded on the violation of law. America was of course born out of a violent revolution that was an outrageous treason against the crown and established order of the day. History shows that the righting of historical wrongs is often born from acts of unrepentant criminality. Slavery. The protection of persecuted Jews.

But even on less extremist topics, we can find similar examples. How about the prohibition of alcohol? Gay marriage? Marijuana?

Where would we be today if the government, enjoying powers of perfect surveillance and enforcement, had — entirely within the law — rounded up, imprisoned, and shamed all of these lawbreakers?

Ultimately, if people lose their willingness to recognize that there are times in our history when legality becomes distinct from morality, we aren’t just ceding control of our rights to government, but our agency in determing thour futures.

How does this relate to politics? Well, I suspect that governments today are more concerned with the loss of their ability to control and regulate the behavior of their citizens than they are with their citizens’ discontent.

How do we make that work for us? We can devise means, through the application and sophistication of science, to remind governments that if they will not be responsible stewards of our rights, we the people will implement systems that provide for a means of not just enforcing our rights, but removing from governments the ability to interfere with those rights.

You can see the beginnings of this dynamic today in the statements of government officials complaining about the adoption of encryption by major technology providers. The idea here isn’t to fling ourselves into anarchy and do away with government, but to remind the government that there must always be a balance of power between the governing and the governed, and that as the progress of science increasingly empowers communities and individuals, there will be more and more areas of our lives where — if government insists on behaving poorly and with a callous disregard for the citizen — we can find ways to reduce or remove their powers on a new — and permanent — basis.

Our rights are not granted by governments. They are inherent to our nature. But it’s entirely the opposite for governments: their privileges are precisely equal to only those which we suffer them to enjoy.

We haven’t had to think about that much in the last few decades because quality of life has been increasing across almost all measures in a significant way, and that has led to a comfortable complacency. But here and there throughout history, we’ll occasionally come across these periods where governments think more about what they “can” do rather than what they “should” do, and what is lawful will become increasingly distinct from what is moral.

In such times, we’d do well to remember that at the end of the day, the law doesn’t defend us; we defend the law. And when it becomes contrary to our morals, we have both the right and the responsibility to rebalance it toward just ends.

Nick Gillespie is the editor in chief of Reason.com and Reason TV and the co-author of The Declaration of Independents: How Libertarian Politics Can Fix What’s Wrong With America, just out in paperback.
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