(ACLU) Privacy is a form of power. Humans are always highly aware who is observing them at any given time and place, and always tailor their behavior to that audience. And they generally work to make sure that their behavior does not reveal things that might put them at a disadvantage. To really gain new insight or leverage over another person, you have to watch them when they don’t know they’re being watched so that their guard is down.
So how does a watcher “catch” a subject unawares? It seems to me the possibilities break down into two broad categories:
Rarity. Use a spying technology or technique that is known to the subject, but is deployed with sufficient rarity that the subject does not expect to be surveilled.
Secret technology. Use a technology or technique that the subject is not aware of. The subject therefore proceeds in the false expectation that his or her behavior cannot be observed when in fact it can be.
Rarity is what law enforcement telephone eavesdropping through warrants has always been based on, as well as most of the petty, everyday eavesdropping and invasions of privacy that individuals sometimes perpetrate against each other.
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