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A View on How Panopticon affects or infects the Philippines

By Maria Gracia Patricia Bolos

Brief History of Panopticon

Pan, of Greek etymology, meaning all. Optic or opticon, of Greek etymology, meaning seeing. Thus the word panopticon came into being, a noun of New Latin expression which means a room for the exhibition of novelties.1

Originally, panopticon is a type of prison building designed by English philosopher and social theorist Jeremy Bentham in 1785. The concept of the design is to allow an observer to observe (-opticon) all (pan-) prisoners without the prisoners being able to tell whether they are being watched, thereby conveying what one architect has called the “sentiment of an invisible omniscience.”2

The architectural figure “incorporates a tower central to an annular building that is divided into cells, each cell extending the entire thickness of the building to allow inner and outer windows. The occupants of the cells are thus backlit, isolated from one another by walls and subject to scrutiny both collectively and individually by an observer in the tower who remains unseen. Toward this end, Bentham envisioned not only Venetian blinds on the tower observation ports but also mazelike connections among tower rooms to avoid glints of light or noise that might betray the presence of an observer.”

Bentham derived the idea from the plan of a factory designed for easy supervision, and his design was intended to be cheaper than that of the prisons of his time, as it required less staff. As the watchmen cannot be seen, they need not be on duty at all times, effectively leaving the watching to the watched.3

He primarily wanted such idea of the building for observation of the people within it to determine the problem and determine the solution from such circumstances. The essence of it consists, then, in the centrality of the inspector’s situation, combined with the well-known and most effectual contrivances for seeing without being seen.4 An advantage of such is whatever purposes the plan may be applied to, particularly where it is applied to the severest and most coercive purposes, is, that the under keepers or inspectors, the servants and subordinates of every kind, will be under the same irresistible control with respect to the head keeper or inspector, as the prisoners or other persons to be governed are with respect to them.5 He likewise stated that the influence of this plan not less beneficial to what is called liberty, than to necessary coercion; not less powerful as a control upon subordinate power, than as a curb to delinquency; as a shield to innocence, than as a scourge to guilt.6 This kind of proposition that he has states as an advantage the unawareness of those being observed, thus, making them act naturally, without preparations and open instantaneously to the view of the observer.

Today, many modern prisons are built in a “podular” design influenced by the Panopticon design, in intent and basic organization if not in exact form. As compared to traditional “cellblock” designs, in which rectangular buildings contain tiers of cells one atop the other in front of a walkway along which correctional officers patrol, modern prisons are often decentralized and contain triangular or trapezoidal-shaped housing units known as “pods” or “modules” designed to hold between sixteen and fifty prisoners each. In these designs, cells are laid out in three or fewer tiers arrayed around either a central control station or a desk which affords a single correctional officer full view of all cells within either a 270° or 180° field of view. Control of cell doors, Closed Circuit Television monitors, and communications are all conducted from the control station. The correctional officer, depending on the level of security and segregation, may be armed with non-lethal and lethal weapons to cover the pod as well. Increasingly, meals, laundry, commissary items and other goods and services are dispatched directly to the pods or individual cells. These design points, whatever their deliberate or incidental psychological and social effects, serve to maximize the number of prisoners that can be controlled and monitored by one individual, reducing staffing; as well as restricting prisoner movement throughout the prison as tightly as possible.7 Monetary advantage is very much a factor to States which have very high level of criminal tendencies and low national income on the other hand. A cost effective way of enabling peace and order for the State, at the same time, lesser tax paid by the people are used in maintaining the same purpose.

Constitutional Limitations and Special Laws

Section 5, Article II, 1987 Philippine Constitution

The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

The above cited law reiterates the principle of the State to protect its people, whether they be prisoners, politicians, laymen, tycoons, whoever, as long as they sojourn or live in the Philippine Islands. It is of utmost importance that citizens recognize the protection that the State is affording them. Otherwise they would not appreciate whatever means employed for achieving the purpose. In accordance with this, the individual citizens must be secured in their own person. Though the changes in technology would most likely impair that security, the State should implement laws for the protection of it. Thus implementing the Electronic Commerce Act or Republic Act 8792, and as part of the State policy:

Section 2, RA 8792

The State recognizes the vital role of information and communication technology in nation building; xxx its obligation to facilitate the transfer and promotion of adaptation technology, to ensure network security, connectivity and neutrality of technology for the national benefit; xxx

Not only will this afford protection to the citizens of the State but also to those who uses our technology even if they are mere transient visitors of the country. With the rampant improvement of technology in the world, we must arm ourselves with knowledge and adaptability to these sudden changes. Technology would never go idle again.

Right to Privacy Impaired by Technology

Everywhere we look people are very strict, if not obsessed, about their privacy. Not only in their own homes but in everything they do in their lives and in everywhere they go. That is why housewives buy high quality curtains, not only to boast about it to her friends but to protect her family from the people outside their homes. That is why fathers fix fences around their houses, not only to show how good they are in making and fixing them, but to prevent uninvited people in trespassing in their property. That is why computer geniuses put spywares, anti-viruses, firewalls in their computer, not just because of the possible crash of their computers but because they want to protect the information they have in their computers. That is why the Government have military training for soldiers, not just because they are needed by a State but because they want the citizens to be protected in case of occupation or invasion.

But are these really enough to say that people or things we care about are protected of their rights? Are these safety measures that we have now enough to say that no one can harm us or invade our privacy? The right to privacy should be inviolable. It is one of the fundamental rights of an individual. The right of privacy is well established in international law. The core privacy principle in modern law may be found in the Universal Declaration of Human Rights, Article 12 which states:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.8

The right to privacy is internationally recognized as a fundamental right, hence, respected all over the world. But with the consistent discovery of technology, are we really protected? Are we really protected from other persons? Are we really protected from ourselves? Do we really protect ourselves or do we endanger it by opening up to technology? By technology, we do not only pertain to hi-tech gadgets but also the usage of them.

Internet Usage

What is the internet? The Internet is a global system of interconnected computer networks that interchange data by packet switching using the standardized Internet Protocol Suite (TCP/IP). It is a “network of networks” that consists of millions of private and public, academic, business, and government networks of local to global scope that are linked by copper wires, fiber-optic cables, wireless connections, and other technologies.9 Internet was created way back in 1969, during the Cold War, by the United States military. It was meant to be a “nuke-proof” communications network.

Today, the Internet spreads across the globe and consists of countless networks and computers, allowing millions of people to share information. Data that travels long distances on the Internet is transferred on huge lines known collectively as the Internet backbone.10 Now, almost everybody or everyone in the world uses the internet regardless of whether they own a computer or not. The internet can easily be accessed by anyone who wishes to use it. People acquire information through it, they exchange correspondence using it, and they give information through it as well. One may say that through the use of the internet, everyone would be aware and up-to-date on information and current events, not only in the country they are in, but all over the world. Indeed, internet is an efficient tool for everyone. But it can also be in a way destructive, depending on the person using it. Depending on the purpose for which it is being used, and depending on the intention of the person using it. In a way, it may be a helpful tool on one hand, a destructive mechanism on the other.

What happens when not only have the tools of documenting the world become democratized, so too have the tools for manipulating our interpretations of reality?11 Most of us, if not all, are becoming dependent on computer technology, specifically the cyberspace. Before the “I Love You” virus disseminated in cyberspace, most internet users upload their files, documents, pieces of information, and anything they want to be accessed anywhere that a computer and an internet connection may likewise be accessed. Not knowing that by doing such, they make themselves more prone to being hacked or their delicate, confidential or priceless intellectual property would be penetrated. True enough, those who are very mobile needs such feature to their advantage. But we cannot wholly depend on this because with the unbridled development of technology everyday, one cannot say what would happen next. The information that you have kept classified would be in the headlines tomorrow. More so, the pictures or videos that you have tried so hard to remain confidential would be part of a magazine the next few days. All of these, done without your consent or even your knowledge which is a clear violation of your rights. Not only desecration of your privacy but a besmirched reputation on top of it.

Participatory Panopticon Through Technology

In internet culture, participatory panopticon refers to the proliferation of photographic and video content accessible through the World Wide Web and other internet sources to the point that it can be utilized as an up-to-date, authoritative source on all human activities. The term was coined in this context by futurist Jamais Cascio, co-founder of Worldchanging, specifically in regard to the “participatory panopticon”, an example of the implicit web in which the personal media of multiple individuals is synthesized into a more comprehensive, global picture. A better term for this concept is perhaps Participatory Big Brother which is more popular and can be understood instantly by a large number of people.12

If we look at the term in the view of Jeremy Bentham, it connotes that people volunteer themselves to be prisoners, or rather be guinea pigs, for their own improvement or so that they may be observed and given remedy afterwards. Would this approach really work? Would being in a restricted environment really make people adapt or would the environment adapt to the people being restricted in it?

In the realm of information technology, the right of privacy has focused on the ability of individuals to control the collection and use of personal information held by others. A German court has described this as the right of informational self-determination. This right is often articulated as fair information practices and codified in civil law. At the national level, most governments have a general right of privacy set out in their Constitutions. Privacy rights have also been established by means of case law and enactments of legislatures.13

Most people think that panopticon does not exist in real life, or at least in their own world. But for so many people who enjoy blogging, social networks, chat, web hosting and the like, these people are the most likely preys of information hacking or piracy. Persons who sign up for these kinds of activities in the world wide web voluntarily give their information to the administrator of such sites and create their own profile for other people’s viewing or just to comply with the required information to create such profile. Without them knowing that the very fact that they have given up basic information may lead to further access of their confidential, if not vital information that they keep. A very specific example of these sites is Facebook. Upon creation of your account, the user tends to add up applications that he/she would be using or would be trying out. Every time you add up an application it would direct you to a page where it gives you the option to either allow access to your information so the administrator may be able to work out and let you access the application. The bad thing about it is it allows access to your profile information, your network, your friends’ information and other pertinent information you have provided for the administrator. This simple adding up of the application may lead to your so called “piercing the veil” of your right to privacy and your friends’ right to privacy. A clear and apparent violation of your rights without you knowing about it, or rather you participating in it or condoning it by adding the application.

Blogging on the other hand, works the same way. By frequently ranting and raving about everything under the sun or moon for that matter, lets not only your audience a piece of what you are but providing them information about you and your lifestyle or anything about you. By the frequent story telling that you love to do at the end of the day allows not only the administrator access to your information but your give them the permission to publish such story and broadcast it to your networks as well.

Not only is participatory panopticon seen in the web but also in television. Big Brother shows, Pinoy Big Brother here in the Philippines, is one of the very exquisite example of a television show about participatory panopticon. The contestants are confined in a house where their every action, every movement and every conversation that they will be having or are having are monitored by cameras in every part of the house in all angles. Making them like the prisoners and Big Brother their observer like in Bentham’s proposal. It is more like they are under surveillance but they knew about it and are freely acting upon every situation that are imposed upon them. The house where they live in has a confession room wherein they may without restraint tell Big Brother about their thoughts, feelings and other opinions, in a way giving Big Brother information about them.

It was said that cameras lessen crimes as persons are thinking twice on whether to commit a crime because of the fear that they are being watched and of the fact that they know that they may get caught. But what people who acquire or make use of CCTV camera or Closed-circuit television cameras don’t know is that the same information that they gather in using such gadget may be used against them or such gadget may be used against them. The CCTV cameras are frequently used in surveillance by the police to observe the probable criminals that they are hunting down. Now, it is still being used for observation not for catching criminals but also for security purposes. Notwithstanding this, people who use the gadget may use it for their own bad motives like a stalker who may use surveillance cameras or CCTV cameras to capture a glimpse of their victim.

Participatory panopticon is everywhere. It involves our lives, personality, identity, family, lifestyle and almost everything about us. It may create as well as destroy us depending on what motive it is to be used and depending on what purpose it will be used. Liability on participatory panopticon cannot be imputed solely on the party gathering, collecting and using the information but may likewise be imputed to the information provided as well. People neglect the importance of confidentiality. They demean the privacy that they have and treat it as if it is a commodity that one may replace easily. Little did others know that participatory panopticon is a real problem. That people’s privacy is in danger. With the rise of different kinds of technology, you may never know when you are being watched either as a prey or as a predator. If individuals are the target of the participatory panopticon more so should they be careful. But it would be more frightening to think what if it is our government that is the prey? How can the government protect itself from this information gathering and such being used against us? What would happen now to the citizens’ privacy under the protection of the government?


Endnotes

  1. http://www.websters-online-dictionary.org/Pa/Panopticon.html []
  2. http://en.wikipedia.org/wiki/Panopticon#cite_note-1 []
  3. http://www.websters-online-dictionary.org/Pa/Panopticon.html []
  4. http://cartome.org/panopticon2.htm []
  5. http://cartome.org/panopticon2.htm []
  6. http://cartome.org/panopticon2.htm []
  7. http://en.wikipedia.org/wiki/Panopticon#cite_note-1 []
  8. http://www.stii.dost.gov.ph/astinfo/aprtojun2k/pg10.htm []
  9. http://berneguerrero.com/node/507 []
  10. http://www.techterms.com/definition/internet []
  11. Posted by Jamais Cascio on June 10, 2008 1:21 PM http://www.openthefuture.com/2008/06/the_participatory_decepticon.html []
  12. http://encyclopedia.thefreedictionary.com/Participatory+panopticon []
  13. http://www.stii.dost.gov.ph/astinfo/aprtojun2k/pg10.htm []

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