The Panopticon
Jeremy Bentham designs a prison where one unseen inspector could watch anyone at any time — the insight that the mere possibility of being watched disciplines behavior.
Bentham, Panopticon (Wikisource) ↗The history of surveillance is a ratchet, not a dial. A dial turns both ways; a ratchet only tightens. For 250 years — from Bentham's paper prison to the face-scanner on the squad car — nearly every watching power a society took on during a crisis it kept after the crisis passed. The reversals are rare enough to name: the Church Committee, the USA FREEDOM Act, and East Germany opening the Stasi's files. Everything else accumulated.
Each era added a capability a society took on during a crisis — and kept after it passed. Read them in order and the modern surveillance state stops looking like a rupture and starts looking like an accumulation.
Modern surveillance begins not with a machine but with a diagram.
In 1787 the English philosopher Jeremy Bentham sketched the Panopticon — a ring of cells around a central tower, lit so that a single unseen inspector could watch any inmate at any time, while no inmate could ever tell when he was being watched.
The genius was psychological, not optical: the guard need not actually watch; the prisoner need only believe he might be. Bentham meant it as a universal template — for prisons, factories, asylums, schools. In 1975 Michel Foucault revived it as the 'diagram' of modern power: watching that the watched person carries inside themselves.
“Hence the major effect of the Panopticon: to induce in the inmate a state of conscious and permanent visibility that assures the automatic functioning of power.”
— Michel Foucault, Discipline and Punish (1975)
The 19th century added surveillance as bureaucracy — the drive to make people countable, identifiable, and findable.
Anthropologist James C. Scott called this 'legibility': the censuses, standardized names, and maps that let a state 'see' its subjects. The body itself became a record — Bertillon's mug shot in 1883, then fingerprinting across four continents.
The pattern is the tell: identity systems only ever accrete. Fingerprint, then photograph, then DNA, then face — each layer added, none discarded. As identification went electronic, Roger Clarke coined 'dataveillance' (1988) for the systematic monitoring of people through their data trails.
Fiction handed the coming debates their vocabulary before the technology existed.
From Zamyatin's We (1921) to Orwell's Nineteen Eighty-Four (1949), the century made surveillance legible to the public. Orwell's telescreen was the Panopticon rendered electronic — a device that 'received and transmitted simultaneously' and could never be fully shut off.
Huxley's Brave New World offered the counter-model: control through pleasure, not fear. Together they set the terms of consent — teaching the public which surveillance to fear (the jackboot) and, by omission, which to accept (the convenience).
“So long as he remained within the field of vision which the metal plaque commanded, he could be seen as well as heard.”
— George Orwell, Nineteen Eighty-Four (1949)
The mid-20th century built the first true electronic mass-surveillance states — mostly in secret.
In the U.S., the FBI's COINTELPRO (1956–71) ran 2,370 covert actions to 'disrupt, discredit, or neutralize' dissidents. In parallel, the NSA's Project SHAMROCK copied nearly all international telegrams for 30 years, and MINARET watch-listed thousands of Americans by name.
Abroad, East Germany's Stasi built the most thoroughly informed police state in history for its size — ~91,000 officers, ~173,000–189,000 informants, and roughly 111 kilometres of files. Even when specific programs were shut down, the capability and the institutions remained.
The 1970s produced the single most important counter-example to the ratchet — the one time surveillance power was rolled back by law.
When the Media burglary and Watergate cracked the secrecy open, the Senate's Church Committee (1975–76) exposed COINTELPRO, SHAMROCK, MINARET, and CIA abuses. SHAMROCK was terminated; the 1978 FISA required, for the first time, a court order for foreign-intelligence wiretaps on U.S. soil.
But note how quickly it re-tightened: Reagan's Executive Order 12333 (1981) expanded intelligence authorities, and the FISA Court would in time approve nearly every application. The reversal was real — the exception that proves the rule.
“That capability at any time could be turned around on the American people, and no American would have any privacy left.”
— Sen. Frank Church, 1975
No single event tightened the ratchet more than September 11, 2001.
Within six weeks Congress passed the USA PATRIOT Act — 357–66 in the House, 98–1 in the Senate. Its Section 215 became the legal basis for bulk phone-metadata collection. DARPA proposed Total Information Awareness, to mine the records of the whole population; Congress defunded it in 2003, but exempted its tools and moved several components elsewhere.
They reappeared as 'Stellar Wind,' the NSA's warrantless wiretapping, revealed by the NYT in 2005. The permanent architecture kept accreting — DHS (2002), the DNI (2004), fusion centers, the No-Fly List, and in 2008 Section 702, the future legal home of PRISM.
In June 2013 an NSA contractor turned the classified architecture into public fact.
The first story: a secret court order forcing Verizon to hand over all call records, every day. Then a cascade — PRISM (stored communications from nine internet firms), XKeyscore ('nearly everything a typical user does on the internet'), MUSCULAR (tapping Google's and Yahoo's private fiber), and BULLRUN (undermining encryption itself).
It also exposed a lie: three months earlier, DNI James Clapper had told the Senate the NSA did not collect data on millions of Americans — 'not wittingly.' The reckoning was partial: the USA FREEDOM Act (2015) ended bulk telephone collection, but Section 702 and upstream collection remained.
“Wyden: 'Does the NSA collect any type of data at all on millions of Americans?' — Clapper: 'No, sir. … Not wittingly.'”
— Senate Intelligence Committee, March 2013
A second apparatus was built entirely in private — and grew larger than the government's.
Shoshana Zuboff dates it to Google around 2001, when the company learned to monetize the 'data exhaust' of search and sell 'prediction products.' The machinery beneath is the real-time ad economy: one 2022 study found it exposes a typical American's activity and location 747 times per day.
Most consequentially, this private apparatus became a back door into the state's. Because Carpenter (2018) requires a warrant for phone-location data, agencies simply bought it instead — the 'data-broker loophole.' ICE, CBP, and the FBI purchased location data from Venntel, Babel Street, and Fog Data Science.
“Surveillance capitalism unilaterally claims human experience as free raw material for translation into behavioral data.”
— Shoshana Zuboff, The Age of Surveillance Capitalism (2019)
Today the biometric, the corporate, the municipal, and the state fuse into a single searchable mesh.
Its emblem is Clearview AI — 3+ billion faces scraped from the web, sold as a search engine to police. Around the citizen, a private sensor mesh has been built and rented to police: Flock's ~119,000 plate readers, Axon's acquisition of Fusus (cameras, gunshot detectors, drones into real-time crime centers).
Yet the vendors' claims collapse under audit: Chicago found only 9.1% of ShotSpotter alerts led to evidence of a gun crime; a study of 23,631 predictive-policing forecasts found a 0.1–0.6% hit rate, concentrated on Black and Latino neighborhoods. The authoritarian frontier is Xinjiang, where the IJOP platform fuses checkpoint, camera, and utility data to flag people for detention.
Where does the ratchet point? The most rigorous answer comes from a philosopher who endorses the destination.
In 'The Vulnerable World Hypothesis' (2019), Nick Bostrom argues that if technology will eventually yield a cheap weapon of mass death, civilization's only general defense is total, pre-emptive monitoring — in some scenarios, in place before the technology is invented.
He sketches it concretely: every person wears a 'freedom tag' with cameras and microphones, uploading encrypted audio-video machine-interpreted in real time, with flagged feeds sent to 'patriot monitoring stations' staffed by 'freedom officers.' At ~$140 per person per year, he estimates, the whole world could be monitored for under 1% of GDP. Every capability this history traces is a component of the system he describes.
“Developing a system for turnkey totalitarianism means incurring a risk, even if one does not intend for the key to be turned.”
— Nick Bostrom, The Vulnerable World Hypothesis (2019)
| Era | Period | Capacity added | Ever removed? |
|---|---|---|---|
| The Panopticon principle | 1791 | Architecture of permanent potential visibility; the self-policing subject | No — became a universal template |
| Biometric legibility | 1883–1901 | Bertillon measurement, the mug shot, fingerprint identity files | No — only augmented (DNA, face) |
| Cold War SIGINT | 1945–1975 | Bulk telegram interception (SHAMROCK); citizen watchlists (MINARET) | Program ended 1975; capability retained |
| Church / FISA reform | 1975–1978 | Warrant requirement; statutory limits | The one true rollback — then eroded by E.O. 12333 |
| Post-9/11 architecture | 2001–2008 | PATRIOT §215; Total Information Awareness; warrantless wiretaps; §702 | No — reauthorized repeatedly |
| Snowden-era programs | 2007–2013 | PRISM; XKeyscore; bulk metadata; global fiber taps | Bulk telephony ended 2015; §702 remains |
| Surveillance capitalism | 2001–present | Behavioral surplus; real-time bidding; data brokers feeding the state | No — expanding |
| The converged state | 2016–present | Face recognition; ALPR mesh; geofence warrants; China's IJOP | No — expanding |
| Theorized endpoint | 2019 | 'Ubiquitous real-time worldwide surveillance' | Proposed as necessary |
A ratchet thesis is only credible if it's honest about the myths. These common claims are exaggerated — the documented core doesn't need them.
The myth: "One in 6.5 East Germans was a Stasi informant."
Reality · A contested, maximalist figure that counts the most casual occasional contacts. The defensible numbers are ~91,000 officers and ~173,000–189,000 informants.
Stasi (EBSCO Research Starters) ↗The myth: "China scores every citizen with one national social-credit number."
Reality · A Western misconception. The reality is a fragmented patchwork of business blacklists and limited municipal pilots — not a single national score.
MERICS: untangling myth from reality ↗The myth: "Gunshot detection and predictive policing work."
Reality · Independent audits contradict the vendors: 9.1% of ShotSpotter alerts found gun-crime evidence; predictive policing hit 0.1–0.6%. Some of the apparatus surveils without even working.
The Markup: predictive policing audit ↗The myth: "PRISM gave the NSA 'direct access' to tech companies' servers."
Reality · Disputed by the companies from day one. A leaked slide claimed 'directly from the servers'; a later document described equipment 'installed at company-controlled locations.' Don't overstate it.
PRISM (Washington Post reprint) ↗The honest conclusion isn't that a secret cabal built a surveillance state — it's something harder to reverse: a long series of reasonable-seeming responses to real crises, each defensible on its own terms, accumulated into an apparatus no one ever voted to construct. The ratchet turns because each individual tooth is defensible. That is precisely why it never turns back.