Building Our Future Together: Digital Rights on the Brink of a Surveillance State
Building Our Future Together: The Digital Rights Crisis We Can't Ignore
When I took the helm as Executive Director of the Electronic Frontier Foundation (EFF), I knew this moment was existential. Not metaphorically—literally. The future we inherit isn’t a given. It’s being shaped right now by choices: whether we let technology empower marginalized communities or let governments and corporations weaponize it. This isn’t abstract theory. It’s happening in courtrooms, in code, in the algorithms that decide who gets hired, who gets policed, and who gets silenced.
The U.S. Supreme Court’s recent rulings exemplify this duality. In Chatrie v. United States, the Court reaffirmed a critical privacy precedent: that location data isn’t automatically subject to warrantless surveillance. That’s a win. But in the same breath, the Court overturned 90 years of legal limits on executive power, allowing the President to fire FTC Commissioner Rebecca Slaughter without accountability. These aren’t isolated events. They’re symptoms of a system where power consolidates, and checks and balances erode. The government’s abrupt backflip on restricting Anthropic’s tech access to foreign nationals—first imposing a ban, then rescinding it—shows how fragile our tech governance is. Meanwhile, laws banning social media use in places like France and Tennessee aren’t just about censorship. They’re about control. Who decides what speech is ‘dangerous’? Who gets to enforce it?
The False Choice: Innovation vs. Liberty
EFF has always rejected the false binary between technological progress and civil liberties. When EFF was founded in 1990, the World Wide Web was nascent. Cell phones were brick-sized. Yet our founders foresaw that technology and rights would become inseparable. Today, that foresight is both a strength and a warning. We’re living in a world where AI can predict your next move before you make it, where facial recognition scans crowds for ‘suspicious’ behavior, and where social media algorithms curate your reality while governments demand access to your data.
Here’s the problem: The most powerful entities—governments and trillion-dollar tech companies—are racing to build systems that prioritize control over freedom. Surveillance isn’t just about spying. It’s about predicting, preempting, and policing. The EFF’s recent victory in Chatrie is a reminder that legal battles matter. But legal wins alone aren’t enough. We need to build power. We need to organize. We need to make sure that when we talk about ‘innovation,’ we’re not just talking about profit margins or algorithmic efficiency. We’re talking about whether that innovation helps people thrive or whether it’s designed to exploit.
EFF’s Role: From Digital Divide to Digital Rights
My own journey with EFF began in the 1990s, during the dotcom boom, when I worked on early digital divide programs in Silicon Valley. Back then, the crisis was access: poor communities lacked computers, internet, and the skills to use them. Today, the crisis is different but equally urgent. It’s not that people don’t have devices. It’s that those devices are often surveilled, that their data is sold without consent, and that algorithms perpetuate bias. EFF’s mission hasn’t changed: to ensure technology serves people, not power. But the tools we use have evolved. We’ve gone from fighting for public computer terminals to building open-source tools like Privacy Badger and Certbot, which protect millions of users daily.
EFF’s approach is intersectional. We don’t just litigate or lobby. We build technology. We train activists. We connect digital rights to broader struggles—civil rights, workers’ rights, reproductive rights. Why? Because the same systems that enable surveillance also enable oppression. A government that can track your location can also track your medical history, your political beliefs, your sexual orientation. A tech company that can monetize your data can also algorithmically deny you loans, jobs, or healthcare. This isn’t hyperbole. It’s happening. And EFF is on the front lines.
The Anxieties of Anniversaries
This year marks two significant anniversaries: the 250th anniversary of the United States and EFF’s 36th birthday. Both are moments for reflection. The U.S. was founded in an analog age, yet it’s now grappling with a digital existential crisis. How do we reconcile a democracy rooted in paper ballots and town halls with a world where your every click is monitored? How do we ensure that the promises of liberty and equality aren’t just historical relics but living commitments?
For EFF, turning 36 is a reminder of how far we’ve come—and how much remains to be done. In 1990, we didn’t have AI, cryptocurrency, or social media. We didn’t have the nightmare of deepfakes or the threat of algorithmic manipulation. But we had foresight. We understood that technology isn’t neutral. It’s a tool that can be used to liberate or oppress. That principle guides us today.
The Battles Ahead: Surveillance, AI, and Power Concentration
The challenges we face are monumental. Governments are developing surveillance systems capable of tracking entire populations in real time. China’s social credit system, for instance, isn’t science fiction—it’s a blueprint for authoritarian control. Meanwhile, tech companies are hoarding data and AI capabilities, often without transparency or accountability. The U.S. government’s directive to Anthropic—to restrict foreign access to its AI models—was a stark reminder that even in democratic nations, tech governance can be arbitrary and short-lived.
AI is perhaps the most pressing frontier. The technology has the potential to revolutionize healthcare, education, and creativity. But it also poses existential risks. Who controls the AI? Who decides what it can do? If left unchecked, AI could entrench existing inequalities, automate discrimination, or be weaponized by authoritarian regimes. EFF is advocating for regulations that ensure AI development is transparent, accountable, and inclusive. We’re pushing for ‘rights-by-design’ approaches, where privacy and equity are built into systems from the ground up.
Building a Movement: Power in Numbers
EFF’s strength lies in its ability to bridge technical expertise with grassroots activism. We don’t just tell governments what to do. We mobilize people. We educate communities. We create tools that empower individuals. For example, our work on encryption hasn’t just been about legal battles. It’s about ensuring that average users can protect their communications without needing a PhD in cryptography. Tools like Tor and Signal are testaments to this philosophy.
But we can’t do it alone. The fight for digital rights is a collective effort. It requires collaboration across movements. A victory for privacy benefits everyone—from immigrants fighting deportation to LGBTQ+ individuals seeking safe spaces online. A win for open-source software supports developers, artists, and educators. We must recognize that digital rights aren’t a niche issue. They’re foundational to all other rights. Without them, other struggles lose their effectiveness.
How You Can Help: Join the Fight
This isn’t just EFF’s battle. It’s yours. Here’s how you can contribute:
- Support EFF financially. Every dollar helps us take on powerful adversaries in court and in policy circles.
- Amplify our work. Share our campaigns, tools, and stories. The more people understand the stakes, the more they’ll demand change.
- Learn and act. Educate yourself about digital rights issues. Whether it’s understanding how your data is collected or how to use encryption, knowledge is power.
- Organize locally. Digital rights are global, but change starts locally. Partner with community groups, schools, or workplaces to advocate for tech policies that protect people.
The future isn’t predetermined. It’s being written right now. Will it be a future where technology empowers? Or one where it controls? The answer depends on us. As EFF’s new leader, I’m committed to leading this fight. But I can’t do it without you. Renew your membership. Become a donor. Talk to your friends about why digital rights matter. This is a pivotal moment. And in pivotal moments, the best thing we can do is act.
To quote EFF’s founder, Mitch Kapor: ‘The future belongs to those who believe in the beauty of their dreams.’ But dreams alone aren’t enough. We need action. We need courage. We need each other. Let’s build that future together.
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