from PEN America
How do we use language to describe surveillance? As an organization that promotes literature and defends freedom of expression wherever it is threatened, PEN is especially concerned about the effect of mass surveillance on creative freedom. We fought U.S. government surveillance all the way to the Supreme Court in the case Amnesty v. Clapper, and our report Chilling Effects documented that U.S. government surveillance is causing one out of six writers to self-censor their research and writing. We may never know how many ideas are being lost every day because of these programs.
Judges and legislators are increasingly confronted with the need to understand new surveillance technologies, and often resort to metaphor to do so. The Oxford English Dictionary defines metaphor as “a thing regarded as representative or symbolic of something else, especially something abstract.” The use of metaphors can result in quite strange decisions, as Noam Cohen noted in a December 2013 New York Times article, when Supreme Court Justice Scalia tried to illustrate how preposterous it would be to liken a tracking device on the bottom of a car to a miniature policeman hitching a ride in the case U.S. v. Jones. The inappropriate use of metaphors can distract from the fact that real lives are affected by them. “Metaphors in law are to be narrowly watched,” once warned Justice Benjamin Cardozo, “for starting as devices to liberate thought, they often end by enslaving it.”
To better understand how metaphors are being used in coverage of surveillance, PEN embarked on a study of articles by journalists and bloggers. Over 62 days between December and February, we combed through 133 articles by 105 different authors and over 60 news outlets. We found that 91 percent of the articles contained metaphors about surveillance. There is rich thematic diversity in the types of metaphors that are used, but there is also a failure of imagination in using literature to describe surveillance.