Law in the Internet Society
Surveillance Capitalism and the Erosion of Personal Autonomy

Introduction

Personal autonomy—the ability to make decisions independently and govern one’s own life—is a cornerstone of democratic society. The advent of surveillance capitalism, however, poses an increasing threat to this basic right. Surveillance capitalism, a term coined by Shoshana Zuboff, refers to an economic system predicated upon the collection and commodification of personal data for profit (Zuboff, 8). Tech giants like Google, Facebook (Meta), and Amazon track users' digital behaviors, analyze them, and monetize this data not only by predicting future behavior, but also by influencing it. While this business model has proved enormously lucrative, it continues to compromise our autonomy. The present paper examines how surveillance capitalism undermines autonomy by manipulating behavior and eroding privacy, and briefly suggests potential solutions.

Data Harvesting and Consent

Surveillance capitalism thrives on the constant harvesting of personal data, often with users only vaguely aware at best of the extent to which their actions–search queries, location data, device usage—are tracked and monetized. This constant surveillance undermines autonomy by depriving people of control over their own data and digital life. While theoretically users may agree to such surveillance by accepting terms of service, such consent is illusory. Privacy policies are typically dense, legalistic documents that the average user lacks time or expertise to fully understand. This information asymmetry precludes the average user from making informed choices, thereby eroding their autonomy.

Behavioral Prediction and Manipulation

Surveillance capitalists not only collect data but also use it to predict and influence behavior. By collecting vast amounts of personal data, companies build detailed behavior profiles to predict future actions and preferences. Predictive algorithms are designed to anticipate what a user might search for or buy and they push certain actions such as clicking on advertisements, purchasing products, or engaging with content, often without our awareness. Such predictions are then traded among companies and advertising agencies in the behavioral futures market (Zuboff, 2). This limits autonomy by steering individuals toward decisions they might not otherwise make.

The mobile augmented-reality game Pokémon Go, developed by Google subsidiary Niantic Labs, aptly exemplifies commercial behavioral modification. The game covertly employs location tracking to drive foot traffic to specific real-world businesses, with sponsors paying to have their locations featured. John Hanke, the game’s creator, revealed that sponsored locations were always part of the plan (Zuboff, 295). Companies pay to have Pokémons appear at their locations, thereby attracting players. These sponsors are charged on a “cost-per-visit” basis, akin to Google Ads’ “cost-per-click” bidding model (Zuboff, 298). This highlights how surveillance capitalism can turn seemingly innocuous activities into revenue streams, further eroding user autonomy by shaping behavior in the service of commercial interests.

Addiction by Design

Many tech platforms are designed to be addictive, using features like endless scrolling, personalized recommendations, and constant notifications to maximize engagement. Such strategies lead individuals to engage more reactively and less consciously in response to behavioral nudges aimed at profit maximization rather than users’ well-being. Algorithms take advantage of psychologically exploitative tactics such as instant gratification and social validation. The addictive nature of these platforms limits users’ capacity for independent decision-making, further undermining personal autonomy.

Surveillance Capitalism and Privacy

Privacy forms an integral part of personal autonomy, allowing individuals to develop their identity and make decisions free from external pressure. Surveillance capitalism, however, systematically invades this private space, turning personal information into a commodity. Behaviors, preferences, and even facial expressions are harvested for profit, leaving individuals less control over their private lives. The resulting power asymmetry grants corporations disproportionate influence over how personal data is monitored and profited from. The knowledge that one's actions are being constantly monitored can lead to self-censorship and restricted freedom. Individuals may modify their behavior out of fear of judgment, scrutiny, or repercussions, even when their actions are legal or benign. By blurring the distinction between public and private life, surveillance capitalism limits the range of choices individuals feel free to make, thereby constraining thought and expression.

A Way Forward

Addressing the harms of surveillance capitalism requires stronger data protection laws. Existing regulations, such as the GDPR in the European Union, provide a framework for protecting individual data rights, but more needs to be done globally. Companies must provide clear, concise, and accessible explanations of data collection practices. Users should have the right to data privacy without losing access to essential digital services; they should also have greater ownership over their data, including the right to access, edit, delete, and transfer it. Affording users greater control over their data is a critical step in restoring digital autonomy.

Access to social, professional, and even governmental services frequently requires engagement with technologies that collect and monetize personal data. Although it may seem that access to digital life must come at the expense of personal freedom and that opting out of social media and similar platforms increasingly means social exclusion—as modern life and work are entwined with these technologies—this need not be the case. In many ways, these platforms harm our well-being by creating addiction and overwhelming us with trivial and often manipulative information.

Moreover, not all technology is designed to erode privacy and autonomy. Free and open-source software, for instance, provides transparency by allowing users and developers to examine their underlying code, thereby ensuring data privacy. Encrypted messaging platforms, such as Signal, secure users' private communications from third parties, including the platforms themselves. By prioritizing user control and privacy over corporate interests, these technologies offer society a pathway to resist the encroachments of surveillance capitalism.

The algorithms used by tech companies to predict and influence behavior are often black boxes—opaque and unaccountable systems that shape our choices with limited transparency. Greater transparency and accountability are needed to protect autonomy. Algorithms should be redesigned to minimize their impact on users' autonomy, even if this reduces engagement.

Conclusion

Surveillance capitalism poses a profound threat to personal autonomy by commodifying everyday actions, manipulating behavior, and eroding privacy. While stronger regulations are necessary, they will be insufficient without collective political and social will. A grassroots, bottom-up movement—demanding respect for personal autonomy from corporations and policymakers alike—is necessary to effectively combat surveillance capitalism.

Sources: Zuboff, Shoshana. The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. PublicAffairs? (2020)

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r8 - 09 Jan 2025 - 05:39:21 - AnthonyFikry
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