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Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 39
Media and Communication (ISSN: 2183-2439)
2015, Volume 3, Issue 3, Pages 39-55
Doi: 10.17645/mac.v3i3.292
Article
The New Transparency: Police Violence in the Context of Ubiquitous
Surveillance
Ben Brucato
Center for Humanistic Inquiry, Amherst College, Amherst, MA, 01002, USA; E-Mail: ben@benbrucato.com
Submitted: 13 April 2015 | In Revised Form: 21 July 2015 | Accepted: 10 August 2015 |
Published: 20 October 2015
Abstract
Media and surveillance scholars often comment on the purported empowering quality of transp arency, which they ex-
pect participatory media to promote. From its Enlightenment origins, transparency is related to accountability and legit-
imacy: its increase is believed to promote these. It has earned a position as an unassailed, prime normative value in
contemporary liberal and social democracies. Though still valued, transparency is undergoing change in an era of ubiq-
uitous surveillance. Publics still anticipate governmental and corporate self-disclosure and for such entities to operate
visibly; but increasingly, deliberate and incidental surveillance by a range of sources, both institutional and informal,
documents the activities of such authorities. More often, civilians participate in producing or amplifying transparency.
This article explores this new transparency through a study of U.S. police, focusing on the discourse of police accounta-
bility activists and cop watchers to describe how their work adapts traditional notions of transparency. Recognizing the
resilience of the police institution despite the new visibility of its violence, the article challenges the presumption that
increased transparency will promote institutional reform or crisis. It concludes with a critical comment on prominent
expectations that promoting the visibility of police can protect publics and ensure police accountability. This conclusion
has implications for other forms of the new transparency, including whistleblowing (e.g., Edward Snowden) and leaking
(e.g., WikiLeaks).
Keywords
accountability; Jeremy Bentham; cop watch; legitimacy; media participation; police; Jean Jacques Rousseau;
sousveillance; surveillance; transparency
Issue
This article is part of the special issue "Surveillance: Critical Analysis and Current Challenges", edited by James Schwoch
(Northwestern University, USA), John Laprise (Independent Researcher) and Ivory Mills (Northwestern University, USA).
© 2015 by the author; licensee Cogitatio (Lisbon, Portugal). This article is licensed under a Creative Commons Attribu-
tion 4.0 International License (CC BY).
1. Transparency, Then and Now
If I were to mobilize a common trope, describing trans-
parency as a “contested term,” it would exaggerate the
extent to which the word is used with much care or re-
flexivity. In fact, transparency is a ubiquitous term but
is rarely qualified or operationalized; there is a near-
absence of contention over its meaning though its sig-
nificance is rarely clear. This article historicizes con-
temporary accountability practices, with an extended
case study of police accountability activism, showing
the intellectual and practical connections from these
practices to a political concept rooted in Enlightenment
political thought. Transparency is also an unassailed
and treasured concept, despite its being taken for
granted (Birchall, 2011b; Han, 2012). By raising key fea-
tures of the historical and ideological origins of the
concept, the article suggests transparency’s inextrica-
ble connections to a degraded form of democracy and
harbors widely maligned presumptions about infor-
mation, knowledge, and their connection to political
action.
By placing media studies in conversation with the
emerging field of surveillance studies, this article
demonstrates how the two can contribute to one an-
other. Like the concept of transparency, an enduring
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 40
challenge in each field of inquiry is the presumption
that participation in producing media artifacts has self-
evidently positive normative value and that it has cer-
tain political efficacy. Which politics undergird the posi-
tion that amateur journalism and participatory media
are inherently empowering to publics? Through the use
of political theory, this article contributes an answer,
one that probes the origins of transparency for guidance
and elucidates concerns central in these fields today.
Johnson and Regan (2014) take transparency to
mean “a practice that is explicitly targeted to achieve
accountability” (p. 1). From its modern normative ori-
gins, transparency is visibility combined with some
standard of moral regulation that holds individuals or
organizations to account. Surveillance adds strategic
watching in order to produce that visibility, making
available its objects to those agents of a defined regu-
latory scheme, often performed by or for those with
comparatively greater power or authority than those
being watched. Political transparency inverts the sur-
veillant gaze, as governments and their agents are
made visible to their publics, most often via self-
disclosure, and has its origins in practical development
of Enlightenment ideals in the construction of modern
democratic states (Birchall, 2011b). Hood (2006) claims
transparency is “quasi-religious” in nature, not because
it suggests the unmediated visibility of an omniscient
god—though it certainly connotes this—but because it
represents the pinnacle of righteousness in secular
democracies. One behaves transparently in public,
among fellow citizens, to be held accountable for
speech and action.
In this first section, I begin with the Enlightenment
origins of the concept of transparency as it relates to
its use in discourse about policing’s new visibility. My
argument is that policing’s new visibility suggests a par-
ticular history of transparency, provided below and
framing the case study that follows. Andrew J. Gold-
smith (2010) first applied John B. Thompson’s (2005)
conception of the new visibility to police. In the follow-
ing section, I provide a case study of cop watching. Cop
watching emerged in the 1990s as an organized politi-
cal movement by activists who deliberately recorded
police stops in order to document and deter police vio-
lence. In this century, cop watching has become in-
creasingly incidental, performed by individuals more
often than organizations. People increasingly have a
digital camera with them at all times, for instance as a
feature on their smart phones. More importantly, po-
lice accountability activists promote serendipitous cop
watching by civilians, seizing upon already widespread
participation in the documentation of everyday life.
This case study reveals that the new visibility has
adapted the Enlightenment normative and political
ideal for transparency, such that the kind of visibility
they produce has become identified with political
transparency. New activities (e.g., participatory media)
and related technologies have become central to how
transparency is enabled and produced in many con-
temporary societies. The new transparency
1
identifies
the ocular visibility provided by digital technologies
with the Enlightenment concept, and strengthens its
ideological connection to expectations for accountabil-
ity and legitimacy.
Similar changes in transparency are occurring else-
where in contemporary discursive and political activity.
I close with comment on how transparency is every-
where being reasserted through these activities. In the
next section, this history of modern transparency is
conceptually bounded by its relevance to the case
study. In this regard, I aim to find in the origins of the
ideal of transparency the logics that enable the pre-
sent. More importantly, the case illustrates ways the
practice of transparency has changed, specifically by
emphasizing the broad public participation in produc-
ing transparency, rather relying on the self-disclosure
and publicity of political officials and functionaries.
1.1. The Enlightenment Origins of Transparency
Though he never used the term, Jean-Jacques Rous-
seau believed transparency was the pre-civilization
condition of the state of nature (Hood, 2006). Nothing
in human nature had changed, but in the lost state of
nature, people “found their security in the ease with
which they could see through one another and this ad-
vantage, of which we no longer feel the value, pre-
vented their having many vices” (Rousseau, 1913, p.
132, emphasis added). This seeing through articulates a
literal meaning of transparency. For Rousseau, the
opaqueness of citizens within the modern city repre-
sented a threat to social order. Though Rousseau con-
sidered transparent relations among citizens as an in-
trinsic virtue and opaque relations as an intrinsic vice,
he also valued transparency as an instrumental good,
as a social condition that is necessary for civic coopera-
tion (Hill, 2006).
Visibility is a precondition for social regulation, en-
abling virtue and the potential for guarding against
vice. In the political realm, visibility entailed publicity.
Rousseau held that public servants ought to perform
“in the eyes of the public,” and “to permit no office-
holder to move about incognitio” (in Hood, 2006, p. 7).
Here we find in publicity the roots of the contemporary
conception of political transparency as a condition
where political officials, organizations, and policies are
publicly visible in order to be held to account. Public
1
I am not the first to use this term. The Surveillance Studies
Centre at Queen’s University has had a multi-year research ini-
tiative called The New Transparency. I intend no association,
neither practically nor conceptually. I use this term to associate
John B. Thompson’s (2005) concept of the new visibility with
the political concept of transparency.
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 41
visibility was an assurance against an accumulation of
vices among individuals, and this applied just as well to
public officials. In moral relations, if transparency is in-
strumental, a means rather than an end, then account-
ability is its end. On the other hand, if political trans-
parency is a means, then legitimacy is its end. This
legitimacy is—partly, though necessarily—earned
through visibly displaying reliable accountability. Fun-
damental to the Enlightenment project of the demo-
cratic state was “to make power visible—to illuminate
it” (Andersson, 2008, p. 1). Though early modern states
abandoned Rousseau’s insistence on direct, participa-
tory republicanism, his desire for transparency by way
of publicity was influential. For instance, Kant’s adapta-
tion of Rousseau argued that popular acceptance legit-
imates governance (Davis, 1991), and so political
transparency came to be a means of achieving a
properly representative government (Birchall, 2011b;
Heald, 2006). Transparency was a means of reconciling
the “vertical inequality” between law-makers and citi-
zens (Machin, 2012).
Just as important since its inception was the mod-
ern state’s deep dependence on surveillance (Torpey,
2000). Jeremy Bentham coined the term transparency
and with the maxim that “the more strictly we are
watched, the better we behave” (in Hood, 2006, p. 9).
2
This at least nominally applied to public officials, but it
practically applied to citizens. While Rousseau’s desire
was for citizens to self-disclose to one another, Ben-
tham’s intention was additionally to maintain social se-
curity by compelling their disclosure to the state.
Bahmueller explained that for Bentham, “The persons
and objects of that [social] world must be weighed and
counted, marked out and identified, subjected to the
brightness of the public light, the better to be seen by
the public eye. Only then could they be controlled and
security made possible…” (in Hood, 2006, p. 8). When
transparency—as moral regulation—merges with the
state, it takes on this police function and as a matter of
existential demand. Nicholas de La Mare’s “police sci-
ence” in his Traité de la Police in 1713 articulated
strategies for the prevention of disorder that empha-
sized street lighting and open spaces, optimizing public
view and surveillance (Hood, 2006). This early ap-
proach to policy shows a technocratic orientation to
transparency, where the visibility of citizens was made
a function of the built environment. Nonetheless, for
Bentham, transparency of public officials was to be as-
sured through reporting practices and was intended to
make officials just as subjected to the public as prison-
2
Johnson and Regan (2014) explain that surveillance and
transparency are rarely studied under the same lens. That
transparency emerges as a discourse with Bentham has a par-
ticular irony after Michel Foucault (1979) appropriated Ben-
tham’s panopticon, where this prison model functions as a
metaphor for the modern societies.
ers were in his panopticon. Importantly, the motivation
for this ubiquitous transparency was not the assurance
of democracy, but of security. Bentham provides a par-
ticular reference point in the genealogy of the related-
ness of transparency and surveillance, particularly by
virtue of their nexus in the state. As I argue below, the
new transparency is partly defined by the extent to
which transparency and surveillance have become in-
separable.
As the modern state developed, political transpar-
ency was seen as a prerequisite for or even an assur-
ance of accountability of officials or bureaucracies.
Here, it became a result of rules being publicized, pro-
cedures being predictable, and the self-disclosure of in-
stitutionally empowered actors demonstrating con-
formity to these standards (Hood, 2006; Tyler, 2006).
Since transparency was seen to enable accountability,
its successful performance would allow for legitimacy
to be reproduced. David Beetham’s (1991) influential
account of legitimacy explains legitimacy rests on con-
formity to known rules. Legitimacy, then, requires
transparency because rules must be displayed, seen,
and understood by publics, and that understanding
should result in a perceived coherence between insti-
tutional standards and community norms (Levi et al.,
2009). These rules rely on broadly shared beliefs or
norms, and legitimation is formally expressed through
public consent, demonstrated through widespread,
voluntary submission to the rule of law and its en-
forcement, and demonstrated by trust in representa-
tives and agents of government. For instance, Sir Rob-
ert Peel’s influential principles for policing in 1829
emphasized the role of public consent to be policed
through willing cooperation (Chrismas, 2013; Tyler &
Fagan, 2008).
Transparency was core to the idealization of the so-
cial pact in modern states. The rule of law demands le-
gitimate governments follow the rules that govern its
institutions with the same reliability with which the
governed are expected to conform to the rules that
govern publics (Tyler, 2006). In democratic societies,
legitimacy is important because it fosters self-restraint
by the dominant and governing institutions, as well as
cooperation and compliance by the governed (Tyler &
Fagan, 2008). This is conditioned on appearances, not
simply promises (Tyler, 2006). The performances of in-
stitutions must be transparent in that they visibly
demonstrate accountability to agreed-upon standards.
Without this visibility, institutions cannot be legitimat-
ed, and without such legitimacy, they cannot success-
fully administrate democratic societies. Accountability
is not automatic, though the need for legitimacy en-
sures it. The transparent state by revealing its account-
ability processes function reliably may only then pro-
duce the consent of the governed. Even still, this is a
necessary but insufficient condition (Machin, 2012).
According to this model, when legitimacy is absent in-
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 42
stitutions crumble in the face of social unrest, or rely
on the successful use of violent force to suppress upris-
ings. The axiom of this model is that without legitima-
cy, either democracy or governments fail.
While the criticisms of the model are well known
(e.g., O'Kane, 1993), it profoundly influenced the con-
stitution of representative democracies. Moreover, the
ideal of transparency has inspired—and continues to—
social movements to strengthen democratic citizen-
ship. Such movements should be expected in some
measure as a consequence of the degraded status of
the citizen relative to the very structures and functions
of political institutions fostered by this model.
The following will explain how this modern concep-
tion of transparency has been preserved, adapted, and
is even amplified within the new transparency, an out-
come both of the performances of a surveillance socie-
ty, and the mythos of what Byung-Chul Han (2012) has
called transparenzgesellschaft, or the “transparency
society.”
1.2. Transparency in Transition
If transparency relies on visibility, then the means by
which persons are made apparent is crucial. During the
latter half of the twentieth century, and especially
since, these means have undergone significant transi-
tion, and so then transparency is in transition. David
Lyon (2001) recognizes, like Rousseau, that “disappear-
ing bodies is a basic problem of modernity” but this
problem “has been accentuated with the growth and
pervasiveness of communication and information
technologies” (p. 15). Surveillance societies are those
that “depend on bureaucratic administration and some
kinds of information technology” (Lyon, 2007, p. 11)
and have turned to deliberate, routine protocols and
techniques “to make distant bodies reappear” (Lyon,
2001, p. 15). Surveillance is now fundamental to the
production of visibility.
Transparency not only connotes public visibility, but
functions through it. Imaging technologies have be-
come crucial in what is publicly visible, and information
and communication technologies have changed the
form and scale of the dissemination of images
(Thompson, 2005). Without these technologies, visibil-
ity is often bidirectional: one available to be seen can
see the watcher (Lyon, 2001). Police and surveillance in
early modern states relied on techniques more than on
technologies for making the public visible for regulato-
ry purposes (Ellul, 1964; Neocleous, 2000; Torpey,
2000). Surveillance etymologically suggests a compara-
tively powerful entity watching over the actions of
subordinated persons (Mann, Nolan, & Wellman,
2003). Imaging technologies enable this kind of over-
sight, and are approaching ubiquity in the Global North
(Lyon, 2007). The extent to which photographic and
video surveillance has come to inform the connotation
of surveillance indicates broad recognition that many
experience surveillance when the watcher is potential-
ly—and often is—hidden to those being watched
(Koskela, 2003). Not only is visibility mediated, but the
watchers and the watched negotiate with imaging
technologies to modulate their visibility, often, though
not always, producing a hidden, remote watcher
(Marx, 2009).
The broadly shared experience of being watched
has been normalized, such that publics have internal-
ized the surveillant gaze of the state (Foucault, 1979;
Marx, 2006). Complying with laws and social norms is
partly a result of feeling one is being watched even if
the watchers are not apparent. This is the most fun-
damental aspect of the panopticon metaphor, that
publics subconsciously recognize the possibility of be-
ing watched at any moment (Lyon, 2006). Panoptic
surveillance is an attempt at an efficient solution to
when total transparency is infeasible, one intended to
manufacture voluntary submission to regulation. A
powerful criticism suggests that surveillance regimes
are not so totalizing in consequence as the panopticon
metaphor suggests, as watchers carefully select among
various publics key populations to monitor and regu-
late (Hier, Walby, & Greenberg, 2006; Norris &
Armstrong, 1999). This suggests that surveillance has
not resulted in the ubiquity that the ideal for transpar-
ency would advocate. The ideal of transparency would
suggest the surveillant gaze is too discriminatory, and is
in need of “democratization” (Hier, 2003).
Surveillance for over a century, and increasingly
over the past decades, has involved imaging technolo-
gies that produce durable, archivable artifacts: docu-
mentations. Not only are watchers able to be hidden to
those they surveil, but the visual field is also no longer
bound by spatial and temporal co-presence of watcher
and watched (Thompson, 2005). Being ephemerally vis-
ible is insufficient; transparency now requires a record,
and that record must also be archived and available to
be accessed. Negotiations over who can see what,
how, and when have been the primary substance of
discourse about and political contentions over infor-
mation transparency (Turilli & Floridi, 2009). New
technologies have allowed for hidden and remote
viewing of the documentations thereof. Though the
ideal of information transparency would call for docu-
mentations to be universally available, their distribu-
tion has been historically determined or filtered by vir-
tue of political-economic power, discussed further in
the next section.
The methods of making bodies visible are various,
but the effect of such surveillance is to render the body
as an object of classification and record (Bruno, 2011;
Crary, 1992; Sekula, 1978). Powerful institutions and
the privileged actors therein have access to technolo-
gies, techniques, and institutions that enable control
over the visible body for the purposes of direction, pro-
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 43
tection, and administration (Lyon, 2001). Deviant and
criminal activities are made visible and archived as a
result of surveillance in ways it could not have other-
wise without imaging and database technologies. Pho-
tographic and video surveillance regularly produces ev-
idence used to incarcerate. Those in surveillance
societies are familiar with the success of surveillance in
making people subject to the disciplinary functions of
the criminal justice system. Yet, everyday life also pro-
vides experience of the success of surveillance tech-
niques in providing security, productively directing be-
haviors, and delivering benefits—and occasionally risks
unique to surveillance activity, such as what has been
named “identity theft.”
For the Enlightenment democratic ideal, bidirec-
tional transparency was essential. The state and its pop-
ulace required for their security both to render the pub-
lic visible and on popular submission to surveillance. Just
as important, the public was meant to watch state ac-
tors as a check on their authority. Because states have
economic and technical resources to procure and con-
trol surveillance technologies, and because they are le-
gally enabled to use them, this bidirectionality exists
mostly in principle, rarely in practice. People in surveil-
lance societies have a wealth of experience of the in-
equity in distribution of surveillance capacities. As we
will see below, the unequal distribution of surveillance
capabilities is often blamed for inequities in surveil-
lance power. If the public could produce the visibility of
state actors with similar ease and at the same scale,
then the modern democratic ideal would be made pos-
sible by virtue of the enabling technologies.
1.3. The Neoliberalization of Political Transparency
In the Enlightenment model of transparency, self-
disclosure and self-restraint is key. Monitoring from
outside of institutions was always normatively encour-
aged, but new technical means are fundamental to the
new transparency, in a society that permits no shad-
ows, nothing hidden from view. Visibility produces
awareness of official action (Andersson, 2008), and this
awareness is seen as an essential foundation for mean-
ingful participation in holding the powerful to account
(Mulgan, 2003). Today, the ocular visibility suggested
by transparency is much less metaphorical. The new
transparency signifies a deliberate, emphatic reasser-
tion of political transparency through two important
transitions. The first transition is the informatization of
visibility. Physical appearance is no longer the primary
means of visibility; it is also produced through the cir-
culation of media content. More crucially, this content
is identified with information. Second, the relationship
between publics and the state has changed in that
transparency is no longer exclusive to self-disclosure by
state agents. Birchall explains that transparency now
extends beyond voluntary self-disclosure by state ac-
tors aspiring to the modern ideal, and now “has taken
on the identity of a political movement with moral im-
peratives” (2011b, p. 62). Recognizing that “transpar-
ency as a cultural ideal of modernity” has failed
(Teurlings & Stauff, 2014, p. 4), civilians increasingly
participate in producing transparent relations, partly
through participatory media, in order to realize this ide-
al. This movement includes advocacy for open govern-
ment initiatives by state actors and non-governmental
organizations, but also on “the guerrilla fringes of the
transparency movement” (Birchall, 2011b, p. 78) are or-
ganizations like WikiLeaks and cop watching organiza-
tions discussed below. In the following subsections, I
detail each of these two transitions.
1.3.1. Exhibits as Information
Discussions of transparency, particularly in policy are-
nas, frequently focus on information transparency and
open government initiatives. The technical and organi-
zational activities of realizing broadly shared support
for such initiatives have produced a wealth of case
studies and in turn debates over causes for failures and
about best practices. Though often aimed at producing
practical advice, Birchall (2011a) finds these studies can
reveal and even criticize the liberal ideological under-
pinnings of political transparency and the ways in
which the concept has undergone neoliberalization.
The reassertion of transparency appears while trust
in governments is failing (Birchall, 2011b, p. 66). In or-
der to rebuild trust,
3
transparency paradoxically offers
a particularly neoliberal option of private oversight,
one without granting any real political power to pub-
lics. Instead, transparency allows members of publics
to exert their consumer power in addition to the au-
thority of the ballot vote. In its contemporary ideal,
transparency allows the expansion of choices, and for
selection to be made by individuals through unhindered
access to rich information. As Garsten and Montoya
explain, this depicts a “neoliberal ethos of governance”
through promoting “individualism, entrepreneurship,
voluntary forms of regulation and formalized types of
accountability” (in Birchall, 2011b, p. 65).
Governments are expected to be “open,” and the
criterion of openness is information transparency
(Curtin & Meijer, 2006). In the Open-Source Manifesto,
author and former Whole Earther, Robert David Steele
connects demands for open government with open-
source software and other “open” models of produc-
tion. The maxim for “open everything”: “Demand
transparency and truth from every person, every or-
ganization, every government. Consider this the mod-
ern information-era equivalent of the Golden Rule”
(Steele, 2012, p. 56). This recalls transparency as the
3
Trust is often treated as an indicator of legitimacy in empirical
research, see Levi, Sacks, Audrey, & Tyler, 2009.
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 44
Enlightenment’s secular alternative to religious moral
codes. Here we see not only a new credo, but one with
a particular Enlightenment legacy being adapted to a
new sociotechnical condition. This is not without prec-
edent. Three decades ago, Langdon Winner (1986) cri-
tiqued the treatment of information as self-evidently
and positively valuable, calling it “mythinformation.” In
the 1970s and 1980s, the “computer romantics” asso-
ciated with the Whole Earth movement advanced a
techno-utopian view of the promise of information
technology to assure participatory democracy, elimi-
nate toil, and assure environmental sustainability. It is
this very contingent named and critiqued in Winner’s
essay, in which he describes mythinformation as
grounded in four key assumptions: first, people are be-
reft of information; second, information is knowledge;
third, knowledge is power; and finally, increasing access
to information enhances democracy and equalizes social
power. What is unique to the contemporary moment is
evinced in calls for open government, which demon-
strate political transparency is now also a response to
“neoliberal audit culture” (Birchall, 2011b, p. 65).
The new transparency encourages beliefs in images
speaking for themselves, in cameras as mechanically
objective witnesses, and in information as self-evident.
Together, the articulation of these beliefs function as a
realist narrative (Harris, 2011). The view of mechanical
objectivity has deep historical precedent. The first
cameras were said to provide “a release from the ‘ar-
tistic aids’ that always threatened to make interpreta-
tion a personal, subjective feature of depiction.” This
mechanical objectivity was “defined by its moralized
and automatic status beyond the reach of the artist’s
hand…boosters of mechanical objectivity…were auto-
matic and as such did not pass through the dreaded
dark glass of interpretation” (Galison, 1999).
Technologies that produce indexical images (e.g.,
photographic cameras) were originally idealized as
tools that aided in observation that could communicate
“truthful inferences about the world.” Crary argues
that the camera only briefly maintained this status,
which quickly became seen as “a model for procedures
and forces that conceal, invert, and mystify truth”
(Crary, 1992, p. 29). The new transparency, however,
radically repels such cynicism about images, invoking
the spokesmen from the Enlightenment who distrusted
the corruptible and biased minds of humans and fa-
vored the mechanical objectivity of the camera
(Galison, 1999). The modern models of mind and per-
ception that see human consciousness as a mirror of
the world—“to look means to see, or that to see means
to understand” (Burnett, 1995, p. 3)—is reasserted
through the new transparency.
A special kind of objectivity is earned by virtue of
qualities of new media technologies that produce the
new transparency. Yesil explains:
Camera phones… play a significant role in… docu-
menting the misconduct of others, and functioning
as tools of surveillance. They reorganize visual doc-
umentation and the construction of truth and reali-
ty, especially through the emphasis placed on users,
and raw, unedited footage. They are generally con-
ceptualized as instruments that we can believe in as
neutral recorders of truth and reality, and stand as
symbols of neutral vision and transparency mostly
because they serve as ‘nonhuman witnesses’ in the
sense that human capacities are irrelevant to their
operation. As such these devices have begun to oc-
cupy a central position within the matrix of visual
documentation and the construction of truth and
reality. (Yesil, 2011, p. 285)
The discourse of the new transparency establishes that
mediation occurs not as a result of imaging, infor-
mation, and communication technologies, but by virtue
of political interference with or suppression of content.
Though traditional norms guiding journalists and media
industries have promoted transparency, in that an “es-
sential function of the media in liberal democracies is
to legitimate power by holding it to account”
(Schlosberg, 2013, p. 213), this ideal has been under-
mined by political-economic influence. Political-
economic approaches to media emphasize economic
interests that filter or manipulate content that would
otherwise be unproblematic for audiences to common-
ly receive, absent any need for interpretation, as mere
information. Criticism of consolidated media ownership
and normative claims that favor pluralization suggest
the decentralization of and participation in production
and distribution afforded by convergence culture and
the network society have inherent democratizing po-
tentials (Bagdikian, 2004; Castells, 2010; Jenkins, 2008;
McChesney, 1997). The problem from such perspec-
tives has to do with ownership and control. The propa-
ganda model of Herman and Chomsky (2002) stresses
media ownership as fundamental to the content that
circulates. The historically concentrated ownership of
media by elites aided hegemony and the production of
the consent of the governed. Removing the manipula-
tion of communication by hegemonic powers results in
content that is stripped down to mere objective infor-
mation. This perspective has been criticized as a “hy-
podermic” model of media, where content is “injected”
into viewers (Croteau & Hoynes, 2000).
Openness and sharing, and technologies like social
media and clouds, all contribute to information being
seemingly liberated from traditional political-economic
filters. Documentations travel far, often not fully under
control by those responsible for their origination, and
“images literally flee from organized control” (Koskela,
2006, p. 164). Beyond this liberation of information
from elite control, as Byung-Chul Han (2012) explains,
what is made visible in the transparency society is now
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 45
beyond need for interpretation. What is made visible is
objective, pure information, and it is computed via
pure machinic logics. In fact, the demand for transpar-
ency is invoked most emphatically in conjunction with
norms expressing the inherent freedom of information
that must be preserved, not infringed upon. Televisibil-
ity flattens time and space, makes activities persistent-
ly visible, archivable, retrievable. Transparency today
denies the occurrence of mediation by rejecting tem-
poral significance. Rather than mediated, transparent
images are immediated, in terms of their instantaneity.
Temporal actions are subordinated to predictable,
timeless access, for ease in monitoring and control.
Televisible images are produced, instantly available,
stored, accessed, and circulated. Transparency now
represents unmediated contact because images be-
come mere information. It permits neither gaps in in-
formation nor gaps in one’s field of vision.
1.3.2. Media Participation and Neoliberal Citizenship
Just when images are simplified as information, the
governed are homogenized into a single mass public.
The new transparency amends Rousseau’s general will
with Habermas’s public sphere. In the modern bour-
geois conception of the public,
“private persons” assembled to discuss matters of
“public concern” or “common interest”…These pub-
lics aimed to mediate between “society” and the
state by holding the state accountable to “society”
via “publicity.” At first this meant requiring that in-
formation about state functioning be made accessi-
ble so that state activities would be subject to criti-
cal scrutiny and the force of “public opinion.” Later
it meant transmitting the considered “general in-
terest” of “bourgeois society” to the state… (Fraser,
1993, p. 4)
For Habermas, “the full utopian potential of the bour-
geois conception of the public sphere was never real-
ized in practice” (Fraser, 1993, p. 5). A stratified society
produced conditions for exclusion from the public
sphere and unequal authority within it. With the explo-
sion of the mass media, the increasing scale of indus-
trial production, and the growth of conspicuous con-
sumption, critics like Thorstein Veblen, John Dewey,
and Walter Lippmann saw the potential of the public
sphere in crisis. They saw, according to Aronowitz, that
“knowledge of public events had become impossibly
fragmented, everyday life had become increasingly pri-
vatized, and, perhaps most importantly, the whole so-
ciety had become absorbed in an orgy of consumption”
(Aronowitz, 1993, pp. 75-76). Informatization provides
a resolution, cohering the public once again. The new
transparency now sees the instrumental conditions
available to realize the full utopian potential of McLu-
han’s (1965) global village, and media participation is a
primary means of civic participation in this space. This
ideal model of global citizenship is founded in the coin-
cidence of neoliberalism and informationism (Neubauer,
2011).
Transparency connotes unmediated visibility. In the
new transparency, key mediating qualities historically
recognized as fundamental to indexical and moving
images are eclipsed by emphasizing the qualities of
new digital technologies. Incidental or serendipitous
recording by civilians and the ubiquity of surveillance
cameras removes the mediating effects of editorial se-
lection (Schwartz, 2009; Yesil, 2011). In the past, state
and corporate institutions had greater capacity to en-
gage in surveillance, but consumer-grade cameras and
social media technologies have made available similar
capacities to civilians. The smart phone with its video
capability and data-connection permits incidental re-
cording of activities both everyday and anomalous
(Yesil, 2011). As Birchall explains, “the availability of
technologies of surveillance and information exchange
ensures we can be both objects and agents of intelli-
gence” (Birchall, 2011a, p. 11). As costs for consumer
electronics have lowered, the threshold to acquire im-
aging surveillance technologies have increasingly ena-
bled sousveillance, the watching by publics of those
with institutional authority. In this way, the modern
panopticon is joined by the synopticon, where the
many are now—or once again, as in Rousseau’s state of
nature—able to watch the few (Mathiesen, 1997). Syn-
optic technologies, Yesil claims, promote visibility in a
“‘viewer society’ where individuals are not only subject
to surveillance by government agencies, state institu-
tions, corporations, etc. but also become surveillers
themselves as they ‘watch’ the few and scrutinize them
through mass media and television” (Yesil, 2011, p.
285). Increasingly, little is left out of the frame, all
shadows have light cast into them—or “night vision”-
enabled cameras pointed at them. Mobile technologies
and other comparatively inexpensive technologies, like
digital editing software, lower the financial barriers to
entry into media production. Social media platforms
function as distribution channels, so barriers to distrib-
ute content are also lower (Jenkins, 2008; Yesil, 2011).
Viral circulation of content by users of social media and
similar platforms makes up for the filtering effects of
editorial staffs and the powerful interests that per-
suade them. These qualities are prioritized by advo-
cates for the democratizing or liberating qualities of
new technologies, once again reasserting the camera
as an objective witness, now in the hands of billions of
users worldwide. Larry Diamond calls these “liberation
technologies” and “accountability technologies”, be-
cause they “provide efficient and powerful tools for
transparency and monitoring” (Diamond & Plattner,
2012, p. 10). “Individuals use their camera phones not
only for personal communication,” Yesil (2011) ex-
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 46
plains, “but also for documenting the misconduct of
others, which leads to the description of such socio-
technological practices as enablers of inverse surveil-
lance that empower ordinary individuals to watch the
authorities from below” (p. 285). This sousveillance is
claimed to afford the expansion of political, social, and
economic freedom (Diamond & Plattner, 2012).
Given new technological affordances to produce
exhibits, today “the lines between reader and reporter,
news and opinion, and information and action have all
become blurred” (Diamond & Plattner, 2012, p. x). As
such, media users are now simultaneously producers
and consumers, or “prosumers” (Jenkins, 2008), who
participate in the production of transparency. Anthony
and Thomas (2010) explain “participatory media tech-
nologies that allow for the creation and distribution of
user-generated content overturn traditional notions of
all-powerful news media that define and restrict a
largely passive audience” (p. 1283). Policymakers and
scholars frequently express belief that such digital tools
have profound political impacts, and emphasize the
role played by access to alternative and independent
sources of information enabled by unfiltered access to
the internet (Etling, Faris, & Palfrey, 2010). That the
“arena for political commentary and competition is
more fast-paced, more decentralized, and more open
to new voices and social entrepreneurs than ever be-
fore,” is taken as evidence that the ease and efficiency
in generating and dispersing a diversity of media con-
tent is inherently democratizing (Diamond & Plattner,
2012, p. x). As the digital divide in surveillance technol-
ogy is closing (Mann et al., 2003, p. 335), a singular
public is both enabled and expected to be media
prosumers as a key performance of their citizenship
(Dean, 2008).
When institutions themselves are deemed inappro-
priately transparent, civilians increasingly—enabled by
cheap and abundant digital technologies—monitor in-
stitutions and official actors. Watchdog media checks
and augments information provided by the self-
disclosure of officials and institutions. More recently,
civilians are active as watchdogs of their own sort, not
only as intentional, planned activity, but also through
incidental, happenstance documentation of official
conduct (Anthony & Thomas, 2010). Civilians monitor
wildlife, air and water quality, and produce similar en-
vironmental indices (Jalbert, Kinchy, & Perry, 2014;
Kinchy, Jalbert, & Lyons, 2014; Kinchy & Perry, 2012;
Ottinger, 2010). This activity is done as a form of re-
dundancy, to quantitatively improve extant data or en-
hance quality of knowledge thus produced through
repetition. This activity may be done where extant data
is deemed deficient, either of poor quality or limited in
quantity, to fill in gaps of knowledge otherwise left in-
complete in quality or coverage. Finally, it can be un-
dertaken when existing monitoring is deemed negli-
gent, an oversight. In the new transparency, anything
that escapes view is a source of risk or danger by virtue
of its invisibility. Civilian voluntarism increasingly sup-
plements or replaces activity historically in the purview
of governments. This may be done, as we might ex-
pect, when there is a breakdown in trust among publics
for the institutions that are or would usually be tasked
with such surveillance. Redundant monitoring is espe-
cially indicative of this lack of trust. But it is also activity
promoted by neoliberalization, as government agen-
cies scale back due to funding and other cuts. Civilian
monitoring steps in where government surveillance is
deficient, negligent, or underfunded. In such a situa-
tion, the production of transparency by civilians devel-
ops a quality of civic participation, and in democratic
societies, this confers a positive normative quality to
the activities of monitoring (Dean, 2008). To produce
transparency is to be a good citizen.
Since the new transparency ascribes absolute, posi-
tive value to visibility, the technologies and techniques
that render bodies visible to surveillance produce pow-
er, and presumably with symmetry. This discourse
frames imaging, communication, and information
technologies as plastic, amenable to serving and em-
powering any interests. Surveillance activity is not ex-
clusive to powerful institutions and actors who derive
authority from these. The new transparency encour-
ages a view of surveillance that is neutral, one where
watching from below is productive of new powers for
those outside the traditionally recognized structures of
authority. Despite reliable substantiation for expecta-
tions that these new capabilities foster consequential
political participation, the pervading doctrine of the
new transparency allows such expectations to persist
in absence of a demand for evidence supporting them.
Even the most hopeful advocates for liberation tech-
nology (see, e.g., Diamond & Plattner, 2012) recognize
the limited or equivocal evidence supporting their de-
scriptions of these technologies as such. Here, the qua-
si-religious, doctrinal quality of the new transparency is
revealed: it is, at its core, a faith rooted in history, ritu-
ally reproduced through insistence upon its efficacy
and popular use predicated on this efficacy.
2. The New Transparency of Police
The prior section details the intellectual origins and so-
cial shaping of a concept that figures centrally in dis-
course about of policing’s new visibility (Brucato, 2015;
Goldsmith, 2010; Thompson, 2005). Transparency re-
lies on a visibility produced by surveillance. During the
past century, the use of camera surveillance became
crucial to the maintenance of order just as citizens
were increasingly tasked with producing transparent
relations. In this section, I explain these two changes
coincide with the new transparency of police. Using a
situational analysis (Clarke, 2005), my research began
by archiving videos documenting police violence, profil-
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 47
ing organizations that circulated these on social media,
and building situational maps that identified key
themes in pertinent discourse. My primary objective
was to explain the proliferation of these videos. After
years of studying discourses involving them, the theme
of transparency was found to clearly pervade discus-
sion of these videos and of policing’s visibility (Boyatzis,
1998). I established an archive including scholarly re-
search, public press articles, online and social media
posts by activists, and supplemented these with origi-
nal data from interviews and field notes. From this ar-
chive, I have selected and provided below key content
that establishes the role played by modern notions of
transparency and the discursive work in contemporary
political contentions about police violence that are mod-
ifying these notions to develop the new transparency.
2.1. A New Era of Police Visibility
In 1991, the beating of Rodney King by Los Angeles Po-
lice Department (LAPD) officers was incidentally and
covertly video recorded. Its release exposed the brutal-
ity of policing beyond the communities that chronically
experience such violence (Skolnick & Fyfe, 1993). The
video, which Mann and colleagues refer to as “proba-
bly the best-known recent example of sousveillance”
(Mann et al., 2003, p. 333), made visible what the
Christopher Commission later determined was routine
police practice by the LAPD. This genetic moment in
the history of incidental video documentation of police
violence demonstrates the discourse of the new trans-
parency. Los Angeles attorney and former State De-
partment official, Warren Christopher, headed an in-
dependent investigation into a pattern of civil rights
violations and violence by the LAPD. He wrote this
Commission
owes its existence to the George Holliday videotape
of the Rodney King incident. Whether there even
would have been a Los Angeles Police Department
investigation without the video is doubtful, since
the efforts of King’s brother, Paul, to file a com-
plaint were frustrated, and the report of the in-
volved officers was falsified. Even if there had been
an investigation, our case-by-case review of the
handling of 700 complaints indicates that without
the Holliday videotape the complaint might have
been adjudged to be “not sustained,” because the
officers’ version conflicted with the account by King
and his two passengers, who typically would have
been viewed as not “independent.” (Independent
Commission on the Los Angeles Police Department,
1991, p. ii)
Yesil (2011) explains the lasting significance of the
Rodney King video, writing it “has served as one of the
first and most widely-viewed examples of the power of
mobile recorded image. The message of the Rodney
King tape was that no person, institution or organiza-
tion was immune from being monitored” (p. 280). The
tape’s power, she argues, was earned through its con-
tents being widely disseminated and generating unprec-
edented public awareness about police violence. Re-
sponding to the Rodney King controversy, Skolnick and
Fyfe (1993) argued that, “in the absence of videotapes
or other objective recording of gratuitous violence, bru-
tality rarely causes public controversy and is extremely
difficult to prove” (p. 19). Here, not only is video objec-
tive, able to “prove” what happened, but public contro-
versy is conditioned on this particular mode of exhibi-
tion. Crucial for the new transparency is that the value
of this video remains even though the officers who
brutalized King were exonerated in criminal court.
At the turn of the century, Regina Lawrence (2000)
claimed that “most instances of police use of force are
spontaneous, and the vast majority do not occur in the
glare of television lights” (p. 14). Just a decade later,
Diamond explained “incidents of police brutality have
been filmed on cellphone cameras and posted to
YouTube and other sites, after which bloggers have
called outraged public attention to them” (Diamond &
Plattner, 2012, p. 10). Now, Goldsmith (2010) explains,
“video is the new reality” with “policing’s new visibil-
ity.” Jeffries (2011) argues, “cell phone surveillance”
has “‘turned on its head’ the idea that the citizen-
police officer relationship is an asymmetrical one” (p.
74). In just a decade, the game has seemingly changed,
and the new technologies (e.g., mobile phones, mi-
croblogging and other social media) that produce and
distribute this surveillance are credited for having
changed the power dynamics in political culture. Dis-
guising or hiding illegal or other offensive behavior is
not as fully within the command of officers and agen-
cies as they had been in the past. While acknowledging
he is unclear about how this visibility will offer it, Gold-
smith (2010) nonetheless finds it “highly probable that
the new capacities for surveillance of policing inherent
in these technologies may increase the police’s ac-
countability to the public” (p. 915).
Yesil (2011) claims that the use of cellphones to
document the misconduct of others leads “to the de-
scription of such socio-technological practices as ena-
blers of inverse surveillance that empower ordinary in-
dividuals to watch the authorities from below” (p. 285).
Each new video documenting police brutality is said to
produce “ruptures” in the “social fabric” because they
bring up past injustices, as with the beating of Rodney
King (Anthony & Thomas, 2010, p. 1292). In 2009, doz-
ens of witnesses watched BART (Bay Area Rapid Trans-
it) Police Officer Johannes Mehserle shoot Oscar Grant
in the back, killing him while another officer restrained
him, prone on a train platform in Oakland, California.
The incident was video recorded by several of these
witnesses. Since then, dozens of beatings and killings
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 48
by police have been documented by civilians on their
cell phones, including Eric Garner being choked and
suffocated by New York Police Department Officer
Daniel Pantaleo in July 2014; Charly “Africa” Leundeu
Keunang being shot and killed by a LAPD Sgt. Chand
Syed and Officers Francisco Martinez and Daniel Torres
in February 2015; and Walter Scott being shot and
killed by North Charleston Police Officer Michael T.
Slager in April 2015.
According to the discourse of the new transparency
of police, the ability for civilians to produce policing’s
visibility empowers them in ways previously never im-
agined. These powers emerge from the mechanically
objective qualities of cameras and the self-evident—
even scientific—qualities of the media they produce.
New popular abilities to make truthful claims backed
by documentation and to thereby hold officials ac-
countable are importantly joined by a protective pow-
er: to prevent police violence from being used against
other community members or oneself (Brucato, 2015).
This preventative power, provided by the visibility
cameras produce, recalls Bentham’s claim that behav-
ior improves when people are strictly observed.
2.2. Cop Watching
This case is provided to demonstrate how the dis-
course of transparency functions in contemporary po-
litical contention. Regardless of the validity of the En-
lightenment ideal for transparency in adequately
describing the actual functioning of contemporary de-
mocracies, this conception lives on in the discourse and
political activities of advocates for transparency. The
following case study focuses especially on particular
groups of such advocates: self-described “police ac-
countability” activists who video record police and ad-
vocate that civilians also engage in such documenta-
tion. Cop watching has come to describe two kinds of
activities. Cop watching has always referred to orga-
nized, intentional documentation of police by commu-
nity groups; but it increasingly also describes the inci-
dental, happenstance documentation by independent
civilians (Huey, Walby, & Doyle, 2006; Toch, 2012;
Wilson & Serisier, 2010). The modern ideal of transpar-
ency would suggest that making visible the administra-
tion of the law would protect civilians from its excess-
es, because transgressions would be subjected to
accountability—or otherwise administrators would lose
legitimacy. In my original interviews with them and in
their public statements, cop watchers describe their
motivations for making policing more visible. Like Pete
Eyre, a co-founder of the organization Cop Block, who
says “I’m a definitely a big advocate of transparency”
(WeAreChange, 2013), these police accountability ac-
tivists leverage what they see as the police’s need for
legitimacy to promote accountability.
On August 9, 2014, in Ferguson, Missouri, while on
duty a white police officer, Darren Wilson, shot and
killed Michael Brown, an unarmed, 18-year-old Black
man. While this incident captured the attention and in-
spired the mobilization of existing activists and organi-
zations across the country, it also produced a sponta-
neous uprising in Ferguson that continued for months.
David Whitt lives in the housing project where Brown
was killed. Despite not having an activist history, he
became active daily in political agitation in his commu-
nity. Whitt was both protesting the killing, but also en-
gaging in efforts to constructively respond to what he
saw as a pattern of excessive force, and particularly
against people of color. He founded the Canfield
Watchmen, who engaged in daily cop watch “patrols”
to record police stops. With the support of a crowd-
funded campaign by We Copwatch, the Canfield
Watchmen distributed over one hundred wearable
video cameras to area residents for them to serendipi-
tously record police stops on an individual basis.
Cop watchers see their activities as preventing the
invisibility of police violence. Like Rousseau, they see
opacity as a vice itself and one that encourages further
unethical behavior, often with brutal or deadly conse-
quences. Video keeps individual officers honest. Those
who transgress can be targeted as on this basis by cop
watchers. Pete Eyre of the police accountability organi-
zation, Cop Block, claims because “it’s individuals who
act…it’s individuals who are responsible for their ac-
tions” (personal communication, February 17, 2015).
Here we see transparency functioning in its modern
normative sense: enabling the mutual regulation of in-
dividual behavior.
Community organizer and independent journalist,
Gregory Malandrucco, articulates that camera surveil-
lance enables the kind of bi-directional transparency
Bentham preferred:
Today, video captures not only civilians acting be-
yond the bounds of legality against the state and its
laws, but also egregious instances of police officers
breaking the very laws they are sworn to uphold.
Technology presents us with the unforeseen poten-
tial to hold public officials accountable for their ac-
tions in swift and certain terms, as equal members
of society… (Malandrucco, 2012)
Civilian participation in media production places civil-
ians on more equal footing with police and other state
actors. This view demonstrates in action the idea that
this kind of transparency works to legitimate vertical
inequalities in representative democracies. More im-
portantly, if officials, functionaries, and other agents of
the state are insufficiently visible, individual citizens can
now offer the corrective. Jeffries writes that “using a cell
phone camera to monitor police work is a relatively easy
way to participate in the democratic process. Doing so
gives people a sense of efficacy; that they can impact
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 49
what the government does” (Jeffries, 2011, p. 74).
Given the new transparency, the content of these
videos is self-evident and objective, prior to or even
forbidding any interpretation. Eyre presents transpar-
ency as a technically-enabled quality: “If I say ‘Hey, this
just happened,’ they don’t have to try to determine if
I’m being factual or not.” Because “the lens of the
camera is objective,” he says, “People don’t have to
know me, or trust me… They can just look at the vid-
eo.” (WeAreChange, 2013).
Cop watchers see themselves not only as participat-
ing in viewing the articulation of state power, but also
as producing new popular power. The belief that popu-
lar media production and circulation can produce pow-
er is grounded in three claims. The first is because it
circumvents filtering effects enabled by the political
economic power of the mass media. Matt Agorist of
The Free Thought Project claim that unfiltered content
generation and circulation is “changing the world.”
“Technology and the internet,” he writes, “is giving
way to amateur reporters putting out unfiltered and
unedited news. This is the future, this is how REAL
change is brought about; not from fat cats in nice suits
lying to you” (Agorist, 2014). As Eyre explains:
We live in a time now with technology, where we
can go around the would-be censors that really
thrive on the control and access to information. To-
day with the internet and other technologies we can
really bypass those gatekeepers and support each
other…(personal communication, February 17, 2015)
Second, media produced by civilians shapes the agenda
in political forums and in mass media reporting. Grant
A. Mincy of Center for a Stateless Society claims “new
technology, independent media and good old human
communication” have provoked increased attention by
mainstream news outlets that are following agenda-
setting happening at the grassroots. “We are connect-
ed, we talk, we control the public arena and we make
stories go viral,” he explains. “In the face of increased
violence folks are taking to social media to spread news
and directly confront state power” (Mincy, 2013). Final-
ly, because of the supposed civilizing quality of transpar-
ency, cameras provide their users with protective pow-
er. Wendy McElroy (2010) claims “cameras have
become the most effective weapon that ordinary people
have to protect against and to expose police abuse.”
2.3. Exhibiting Unaccountability
Sen (2010) applies the modern triad of transparency,
accountability, and legitimacy to police, explaining that
in a democratic society police are accountable to the
people, and also have “a proximate responsibility to
the law of the land which expresses the will of the
people” (p. 1). He further maintains that “the police
should be transparent in its activities. Most of the po-
lice activities should be open to scrutiny and subject to
reports to regular outside bodies” (Sen, 2010, p. 9).
Prenzler and Ronken (2001) reviewed several dec-
ades of research throughout the Anglophone world to
systematically review predominating models of police
accountability. Initial police accountability included ac-
countability to law and to elected officials, to which
was later added internal investigations and review by
external agencies. Cop watchers may advocate using
video footage to ensure greater accountability through
such processes. However, they add to or replace these
processes by promoting the withdrawal of police legit-
imacy by publics.
Cop watching, Jeffries (2011) contends, “has intro-
duced an element of accountability that heretofore has
been absent” (p. 74). By filming police, “unknown cam-
eramen and women lived out high democratic ideals”
through this mode of bearing witness (Meyer, 2015).
Acknowledging “that civilian-held cameras are [not]
always effective at securing a conviction,” Meyer
(2015) cites the example of Eric Garner, killed by New
York Police Department Officer Daniel Pantaleo in Stat-
en Island on July 17, 2014. The killing of Garner was
video recorded, but no officers were indicted by the
Richmond County Grand Jury. Nonetheless, as in the
Rodney King incident, the significance of video is that
we know. After all, in the new transparency, to see is to
know (Han, 2012). According to contemporary perspec-
tives that venerate transparency, political problems are
a result of a deficient or incomplete set of information
to be solved through accumulating more and better in-
formation (see Winner, 1986).
According to the discourse of the new transparen-
cy, once police-civilian interactions are made visible,
accountability is the likely or certain outcome. In his
report on police repression of Occupy Wall Street pro-
tests, Harmon Leon (2011) wrote that “cell phones and
social media are the great equalizers in keeping law en-
forcement accountable.” Similarly, Carlos Miller (2014)
of the advocacy group, Photography Is Not A Crime!,
explains that “justice prevails every once in a while,”
but “only because it was all caught on video.” Howev-
er, if accountability is not reliably demonstrated, many
cop watchers believe this will undermine the police in-
stitution by causing a crisis of legitimacy. They agree
with journalists like Matt Taibbi (2014), who claims that
as a result of the deaths of Michael Brown in Ferguson
and Eric Garner in New York, “the police suddenly have a
legitimacy problem in this country.” Friedersdorf (2014)
contends that “the police continue to lose the trust of
the public, due largely to documented instances of bad
behavior by fellow officers, as well as law enforcement’s
longstanding inability to police themselves.”
Meyer (2015) acknowledges a poor model for jus-
tice requires police accountability “rely on someone
always standing nearby with a smartphone. But the
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 50
process of ascertaining the truth of the world has to
start somewhere.” Many cop watchers are not only
aimed at holding individual officers responsible for
transgressions. For Eyre, filming is also desirable
to make clear a pattern of unaccountability that’s
built into the so-called justice system. The idea that
it’s just a few rogue people that are doing some-
thing is not true…. If people see this as a pattern
then….[this will undermine] the legitimacy that they
grant to these institutions, or their own willingness
to call them and utilize them, or deferment to
them, or even the funding of their apparatus… (per-
sonal communication, February 17, 2015)
Through accumulation of videos, these will allow the
public to see the depicted incidents are not isolated or
exceptional, but instead form a pattern revealing the
normal function of police. If publics routinely see vide-
os followed by a failure to demonstrate institutional
accountability, they would retract the legitimacy they
grant to these institutions. “That’s ultimately to me
what’s necessary to have a change” explains Eyre (per-
sonal communication, February 17, 2015).
As Rojek, Alpert and Smith (2012) observe, sousveil-
lance media documenting policing activity “provide the
public with a snapshot of what the police do” (p. 302).
Lersch and Mieczkowski (2005) explain videocameras
and media attention may foment distrust and fear of
police. This exposure could create the impression that
police violence is increasing, when in fact “violent po-
lice behavior has a long history, dating back to the early
years of law enforcement” (Lersch & Mieczkowski,
2005, p. 553).
4
Because “cell phone camera surveil-
lance of police officers is exposing behavior that some
police officers have gotten away with for years”
(Jeffries, 2011, p. 73), routine problems of policing are
now subject to popular oversight.
When transparency fails to produce accountability,
when it does not fulfill the promise of protection, the
modern transparency-accountability-legitimacy triad
would suggest that legitimacy is certain to fail. Many
cop watchers wish to undermine the legitimacy of the
police institution, so they believe making its essential
violence visible will result in a withdrawal of legitimacy,
and this alone will force change. This is why these cop
watchers choose media circulation as their primary ac-
tivity, rather than more traditional means of communi-
ty organizing to issue demands to or to directly con-
front governmental institutions. The battle is over
legitimacy, and transparency is the tactic of choice.
3. The Resilience of Police
Despite the increased visibility of policing (Goldsmith,
4
For a detailed history, see Brucato (2014).
2010), declining violent crime rates (Truman & Planty,
2012) and increased officer safety (Center for Officer
Safety & Wellness, 2014), officer use-of-force incidence
does not appear to be waning (Alpert & Dunham, 2000,
2004, 2010). Furthermore, officers are equipped with
more weaponry to use (Kraska & Kappeler, 1997) in
more striated continuums of force (Walker, 2005). In
the past decade, police have killed thousands of Ameri-
cans, and yet only 54 police have been criminally
charged for the killings (Kindy & Kelly, 2015). Of those
cases that are resolved, less than a third were convict-
ed. These police were sentenced to serve about three
years in jail or prison, on average. Oscar Grant’s killer,
former Officer Johannes Mehserle, served just over a
year and a half in jail. The rapid growth in police moni-
toring should leave us skeptical over claims made re-
garding its political efficacy. Police know they are now
visible, and yet the police institution and its use of vio-
lence do not appear to be changing in any fundamental
way—certainly not in the ways most cop watchers ex-
pect. For all the talk about the popular empowerment
caused by cheap imaging and communication technol-
ogies, the police institution remains resilient.
Though transparency is widely believed to produce
the possibility of accountability (Mulgan, 2003), and is
therefore productive of popular power (Birchall,
2011b), this expectation is frustrated by the actual out-
comes of documenting police violence. The very prolif-
eration of such media speaks to the limitations of visi-
bility as a protective power. Roger Holliday was hidden
in his apartment while LAPD officers beat Rodney King
at night in 1991. However, the more recent 2008 vid-
eo-recorded beating of Michael Cephus showed the
close proximity of several citizens filming police during
daylight as one officer struck Cephus so hard with a ba-
ton that the officer lost his grip on it and it rolled
across the street. Hurst Texas Police Department Of-
ficer Disraeli Arnold taunted a cameraperson as he bru-
talized and threatened to kill an already restrained 17-
year old, Andrew Rodriguez, in 2012. After kneeing Ro-
driguez in the head and shouting “Move and die!” he
marched him, handcuffed, past the camera and shout-
ed—without prompting—his badge number into the
camera. Following the killing of Michael Brown, months
of sustained protests in Ferguson, Missouri, sporadic
related protests throughout the United States, Presi-
dent Barack Obama signed a bill to fund the adoption
of 50,000 on-officer wearable cameras (Brucato, 2015).
Rather than demonstrating accountability, publics were
offered more transparency.
Cop watching exemplifies the adaptation of modern
transparency to contemporary conditions. The new
transparency retains qualities from its Enlightenment
origins, and renews its conceptual and practical con-
nections to accountability and legitimacy. Emphasizing
transparency’s connection to ocular visibility, now visi-
bility paradoxically benefits from its mediation, be-
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 51
cause it allows for televisibility and archivability while
simultaneously maintaining its objectivity. The af-
fordances of new technologies allow for both access
and instantaneity. Mediation only retains its positive
qualities that allow for transcending the limits of time
and distance, providing an archivable object with its
own persistent access, but also lending direct access to
what really happened. Since documentations are not
edited or filtered by editorial staffs working for multi-
national megacorporations, raw footage gives ampli-
fied access to what Szarkowski (2007) calls “the thing
itself.” With streaming video and Tweeted photo-
graphs, this can happen instantaneously. Time is sus-
pended, and so images are no longer the embodiment
of an afterlife, but rather a sign that the metaphors of
life and death do not apply to media. Everything is
now. Transparency is presence.
The new transparency undergirds the political
strategies not only of most activists and other civil so-
ciety groups focusing on police violence, but it also mo-
tivates considerable political activity on matters of cru-
cial social and environmental importance. Not only do
civilians watch police, but they document many aspects
of the built and natural environment, both their friends
and governmental institutions. Most of all, civilians
champion the courage of whistleblowers; WikiLeaks
and Edward Snowden have revealed to the world the
extensive functions and seemingly shocking outcomes
of the military and security apparatus, and the leakers
are lauded as heroes.
In his influential conceptualization of “the new visi-
bility,” Thompson argues, “mediated visibility is not
just a vehicle through which aspects of social and polit-
ical life are brought to the attention of others: it has
become a principal means by which social and political
struggles are articulated and carried out” (Thompson,
2005, p. 49). He explains this new visibility is a “double-
edged sword.” When cameras are ubiquitous and the
internet lowers thresholds to reach audiences, both
the governed and the governing are exposed. Yet clear-
ly, both edges of this blade do not always cut the same
or as deeply.
What might explain the excitement over WikiLeaks,
cop watching, and similar struggles for visibility? Set-
ting aside for a moment common concerns about pri-
vacy, might it be that many civilians find in surveillance
the possibility of alleviating anxieties by returning to
what Rousseau saw as our lost state of nature? New
technological affordance allow us to see through one
another, to make actions apparent in public so people
can be held to popular account. But this ideal does not
square with current political realities. We might meet
the precondition of transparency, the means treasured
today as in the early modern period; but the ends of
this ideal—a democracy governed through broad par-
ticipation by all publics, where the powerful are held to
account—is far from a reality. Perhaps this footage
provides not a transparent lens into reality, but a mir-
ror reflecting back on its viewers. As Žižek (2011) wrote
about WikiLeaks, the shame these disclosures produce
is not only directed toward public officials and func-
tionaries, but also back at ourselves “for tolerating
such power over us.” More importantly, this shame “is
made more shameful by being publicised.” This, of
course, is simply a restatement of the transparency-
accountability-legitimacy model: that there is no au-
thority except that which persists with public consent.
Videos documenting police violence in the United
States most often depict Blacks being brutalized, often
by white officers, and this squares with long-established
patterns in police outcomes (Brucato, 2014). Though
public disapproval of police agencies may increase af-
ter publicized incidents involving charges of brutality,
this disapproval does not become entrenched, espe-
cially not among whites (Weitzer, 2002). Not only is
there a strong majority approval of police in the United
States, this approval is not impacted among whites
even when they believe police are brutal and racist
(Thompson & Lee, 2004). In keeping with Sir Robert
Peel’s belief that the public consent and trust are nec-
essary for successful policing, criminological research-
ers presume its necessity despite so rarely finding it
(Reiner, 2010), especially among those populations
most intensively policed—Blacks living in segregated
urban neighborhoods (Kane, 2005).
The United States is not comprised by a single, ho-
mogeneous mass public that together grants its con-
sent to public institutions—neither is any other con-
temporary liberal-democratic nation, for that matter.
Rather the United States was historically and is cur-
rently deeply divided along the color line. Joel Olson
(2004) referred to the United States as a “white de-
mocracy” on the grounds that it has two practical polit-
ical orders: democracy for white citizens and tyranny
for everyone else. This division has always been crucial
to the police mandate (Brucato, 2014). While some
documented incidents of police brutality have prompt-
ed uprisings, these have been few in number, unsus-
tained, and resulted in little more than nominal com-
mitments by public officials to improved police
accountability. The rebellions in Ferguson in 2014 and
in Baltimore in 2015 were exceptional on many
grounds. Importantly, mostly poor, Black nonactivists
populated both uprisings, and they remained militantly
active in the streets for weeks. Police were shown on
amateur video and mainstream media using military
vehicles, weapons, armor, and other equipment to
suppress both rebellions. When a defined segment of
the fragmented U.S. population then demonstrated a
persistent lack of consent to the brutal policing that is
an ambient presence in their lives, police suppressed
this rebellion using military weapons and tactics and in
full view of broader publics.
The new transparency casts new technologies as
Media and Communication, 2015, Volume 3, Issue 3, Pages 39-55 52
enablers of a “global village,” allowing a universal hu-
manity to transcend sociospatial divisions, of which the
color line is but one indicator. The persistence of this
presumption not only avoids the inability for publics to
efficaciously act on the basis of such a capacity. This
presumption also reinforces what Cheliotis (2010) calls
“narcissistic sensibilities and practices, either by pre-
suming that the included already possess a kind-
heartedness in wait only for specific directions, or by
framing ‘others’ as human only insofar as their stories
reflect our own emotional world” (p. 172). The trans-
parency-accountability-legitimacy model presumes an
undivided public, perhaps permitting some inequality
within it, but not capable of accounting for the categor-
ical exclusion or domination of an entire population.
The new transparency is grounded in the mistaken
idea that documentations are self-evident, and that
this divided population would make the same sense of
videos documenting police violence. As Butler (1993)
argued with reference to the Rodney King case, not on-
ly are U.S. populations racialized, but, in part because
of this, the visible is itself a racially contested terrain.
Transparency casts video as capable of speaking for it-
self. When partisans expect video to function this way,
they neglect the political task of engaging in public
speech that would provide an antiracist, counterhege-
monic interpretation against the dominant reading that
interprets police as providers of security and those
most intensively policed—people of color, and espe-
cially young Black men—as threats to the social order.
Acknowledgments
Thanks to Crina Archer, Langdon Winner, and Nancy D.
Campbell for crucial comments on earlier drafts. Thank
you to three anonymous reviewers and the editors for
close reading and helpful commentary. I appreciate the
assistance of Jennifer Mann in finalizing the copy. This
research was partly conducted while supported by the
Humanities, Arts, and Social Sciences Fellowship at
Rensselaer Polytechnic Institute.
Conflict of Interests
The author declares no conflict of interests.
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About the Author
Dr. Ben Brucato
Ben Brucato is an interdisciplinary scholar and political theorist, working at intersections of media,
technology, surveillance, policing, and race. Currently a postdoctoral fellow in the Center for Human-
istic Inquiry at Amherst College, he works on the Mattering Lives project. Brucato earned his Ph.D. in
Science & Technology Studies from Rensselaer Polytechnic Institute.