The nothing to hide argument states that individuals have no reason to fear or oppose surveillance programs, unless they are afraid it will uncover their own illicit activities. An individual using this argument may claim that an average person should not worry about government surveillance, as they would have "nothing to hide". An early instance of this argument was referenced by Henry James in his 1888 novel, The Reverberator: If these people had done bad things they ought to be ashamed of themselves and he couldn’t pity them, and if they hadn’t done them there was no need of making such a rumpus about other people knowing. Upton Sinclair also referenced a similar argument in his book The Profits of Religion, published in 1917 : Not merely was my own mail opened, but the mail of all my relatives and friends — people residing in places as far apart as California and Florida. I recall the bland smile of a government official to whom I complained about this matter: "If you have nothing to hide you have nothing to fear." My answer was that a study of many labor cases had taught me the methods of the agent provocateur. He is quite willing to take real evidence if he can find it; but if not, he has familiarized himself with the affairs of his victim, and can make evidence which will be convincing when exploited by the yellow press. The motto "If you've got nothing to hide, you've got nothing to fear" has been used in defense of the closed-circuit television program practiced in the United Kingdom. This argument is commonly used in discussions regarding privacy. Geoffrey Stone, a legal scholar, said that the use of the argument is "all-too-common". Bruce Schneier, a data security expert and cryptographer, described it as the "most common retort against privacy advocates." Colin J. Bennett, author of The Privacy Advocates, said that an advocate of privacy often "has to constantly refute" the argument.

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