One of the paper’s (Datafeudalism: The Domination of Modern Societies by Big Tech Companies) core themes is the transition from surveillance capitalism (Zuboff, 2019) to data feudalism, examining their differing characteristics and implications.As such, the paper extensively discusses big tech and government-related datafication processes and how they impact privacy and other fundamental human rights. In what follows, I aim to delve deeper into some of these concepts and examine the discourse surrounding ‘privacy as a human right’ (Wörsdörfer, 2023), emphasizing its ethical significance. Additionally, I will explore Bentham and Foucault’s concept of the ‘(digital) panopticon’ and its connection to the paper’s main arguments.

　　As indicated in the paper, privacy, as a fundamental human right, is integral to the essence of humanity. It forms a cornerstone of personal liberty, essential for human freedom and dignity. Furthermore, privacy liberates individuals from societal constraints. Without privacy, individuals’ freedom of choice is curtailed, and any intrusion into personal space suppresses the inclination to deviate from societal norms. Moreover, privacy plays a crucial role in human happiness and well-being by influencing qualities linked to life satisfaction, such as creativity, exploration, and intimacy. It allows individuals to express their true selves and maintain their personal identities (wearing their ‘private faces’). Lack of privacy would compel individuals to constantly wear their ‘public faces,’ potentially harming their psychological well-being. Privacy also fosters meaningful relationships and social cohesion by enabling individuals to build trust and intimacy (social capital) with others.Additionally, privacy is indispensable for personal development and growth, nurturing intellectual pursuits, and encouraging innovation. It provides the space for individuals to explore new ideas and challenge established boundaries, essential for societal advancement in both socio-economic and technological realms. Lastly, privacy holds ethical significance as a key prerequisite for free speech and freedom of expression.

　　To protect privacy as a human right – and to address the challenges posed by data feudalism, as discussed in the paper – the following principles need to be implemented (Wörsdörfer, 2023):

　　Right to data stewardship and minimization;Right to informational self-determination and sovereignty; Right to rectification;Right to correct;Right to erasure;Right to anonymization and encryption;Right to adequate privacy/data protection laws, AI legislation, and competition policy.

　　In the context of digital or techno feudalism, Bentham’s (1843) concept of the panopticon is particularly relevant. The panopticon serves as a metaphor for today’s techno feudalism society: Originally designed as a circular prison with a central watchtower, it allows guards to observe all cells or wards from a single point without inmates being able to see into the tower. This architectural arrangement creates a fundamental information and power asymmetry between those under constant observation and those who monitor them. As a result, the inmates are compelled to assume they are under surveillance 24/7.

　　According to Foucault (1995, 2000), Bentham’s panopticon metaphor represents a foundational mechanism of the modern state. Government programs designed for monitoring are likened to ‘imaginary prisons,’ resulting in citizens self-censoring their behaviors due to the fear of surveillance by those in power. These programs thus serve as tools of socio-political control and (self-)censorship. Following Foucault’s analysis, pervasive state surveillance not only enhances the authority of public institutions and encourages compliance and obedience but also leads individuals to ‘internalize their watchers.’ Individuals who perceive themselves as being monitored instinctively conform to behaviors and actions desired by government authorities, often without realizing the extent of their surveillance.

　　Critics of digital feudalism, like the author(s) of the paper ‘Datafeudalism: The Domination of Modern Societies by Big Tech Companies,’ apply Bentham and Foucault’s concepts to the digital age, arguing that we live within a ‘digital panopticon,’ sometimes called a ‘cryptopticon.’ This concept signifies a state of indiscriminate and suspicionless surveillance. In today’s world, modern states possess the de facto technical capacity to monitor every citizen continuously. The mere awareness of the potential for constant surveillance creates profound uncertainty among individuals as they realize their words and actions are subject to monitoring by invisible government agencies at any time. As the paper indicates, this realization can potentially undermine free, open, and pluralistic societies.

　　The emergence of surveillance capitalism/data feudalism has far-reaching societal implications:

　　Data feudalism is designed to keep every individual in line, resulting in significant social control; they, thus, foster conformity, obedience, and a particular form of passivity.

　　“… mass surveillance kills dissent in a deeper and more important place as well: in the mind, where the individual trains him- or herself to think only in line with what is expected and demanded” (Greenwald, 2014, p. 177).

　　The pervasive sense of being watched could also lead to self-censorship, thereby curtailing freedom of speech and other civil liberties.

　　This type of self-censorship could directly affect the work of journalists and researchers. If it becomes prevalent, particularly within academia and the media, it could potentially (further) erode democracy – given that both institutions play crucial roles as essential pillars of democracy and vital checks and balances in a rule-of-law society.

　　Mass surveillance (and data feudalism) could not only inhibit freedom of speech, freedom of the press, and academic freedom but also contribute to widespread anxiety, fear, suspicion, and distrust – similar to the McCarthy era, an era known for its intensified political repression.

　　During the McCarthy era, political adversaries were frequently targeted and persecuted under accusations of communism or espionage for the USSR. Similarly, mass surveillance – and data feudalism – can be utilized to suppress dissent and discredit political opponents by portraying them as potential threats to public safety and national security or even as terrorists.

　　Mass surveillance, coupled with techno feudalism, could potentially result in discrimination against LiuTingting

　　From: ‘Datafeudalism: The Domination of Modern Societies by Big Tech Companies’, Philosophy & Technology , Volume37, 2024 - Issue 86. 

　　https://doihtbprolorg-s.libdb.ucass.edu.cn/10.1007/s13347-024-00781-5.