With one eye on current global debates concerning state surveillance and specifically the NSA Prism scheme, my other eye squint with concern. The arguments put forward supporting schemes such as Prism emphasize the “safe guards” claimed to have been put in place by governments (they do not mention the “transparency” of such schemes, which is a key element of the legal test). Also civil society privacy advocates seem to be mostly concerned with these safeguards, whether they are in place, how they are implemented etc. I’m squinting, because I worry that we get caught up in these arguments, intertwined in their legal particularities, the tests, their specific implementations. Are we not missing the grand picture here?