The end of the war on photographers?

The UK Home Office has finally issued a circular on Photography and Counter-Terrorism (012/2009) in response to the widespread complaints about police harassment of both professional and amateur photographers in the name of ‘anti-terrorism’ – which I covered here and here. The circular advises police of can and cannot be done under three separate parts of the Terrorism Act 2000: Sections 43 on searches, 44 on authorised area searches and 58A on eliciting and publishing information on members of the police, armed forces or intelligence services, which was introduced as part of the Counter-Terrorism Act 2008. This is of course to be welcomed, even if it is rather late in the day.

On Section 43, they make is clear that the Act “does not prohibit the taking of photographs, film or digital images in a public place and members of the public and the press should not be prevented from doing so in exercise of the powers conferred by section” and that it is the suspicion of being a terrorist that gives the justification for any search, not the fact of taking photographs.

On Section 44, they remind the police that neither the Press nor public can be prevented from taking pictures in an area defined as an ‘authorised area’ by the police, and that officers have no powers to delete pictures or seize film. And finally, on Section 58a, they remind officers that ‘reasonable excuses’ for taking pictures, even of subjects considered sensitive, include tourism, sight-seeing and journalism. Interestingly, however, they do not actually give academic research as an example of reasonable excuse!

Of course, all of this serves to remind us that the Terrorism Act was drawn way too vaguely and widely and gave too much discretion to individual police forces and officers in its interpretation. Earlier this year, Jack Straw promised at several meetings that the government was to review all of the legislation on terrorism and counter-terrorism – perhaps this guidance is a result but it is only about interpretation and does not make or propose any change to the law itself.

Community Safety in Suginami

Following our meeting with the Mayor the other day, we went back to Suginami-ku to talk to the community safety people, who are part of the Disaster Management section. Suginami is interesting because, as far back as 2004, it was the first Local Authority in Japan to introduce a special bohan kamera jourei (security camera ordinance) which is based in part at least on principles of data protection and privacy. And until neighbouring Setegaya-ku introduced their own ordinance last year, they were, so far as I know, the only such authority. The ordinance followed public consultation which showed that although people generally thought CCTV was effective (95%), a significant minority of 34% were concerned about privacy, and 72% thought that regulation was needed. These figures seem to be significantly more in favour of privacy and regulation of CCTV than the nationwide survey done by Hino Kimihiro, however he asked different questions leading to answers that are not directly comparable.

Suginami is one of the areas of Tokyo that has the other kind of CCTV system introduced by the Tokyo Metropolitan Police after 2002, help points where people press a button if they feel in danger and speak to someone from the police. The help points have both CCTV camera and an alarm / red flashing light if the caller says it is an emergency.

However the Suginami community safety officers said that these cameras have not proved very effective and in fact they cause a lot of problems, because children tend to press the button for fun, and run away – meaning that there are many false alarms.

Suginami has some of the same kind of array of ‘blue-light’ volunteer patrols as Arakawa-ku. In Suginami, there is a fleet of mini-patoka (mini patrol cars) and motorbikes, used by 15 retired police officers. These are mainly about visibility leading to deterrence and increased community confidence, as the volunteers ex-officers have no special powers nor do they carry side-arms or handcuffs or any other conventional ‘police’ equipment. Suginami does not have the small community safety stations like Arakawa-ku, although they do also have the same problem of local koban (police boxes) being closed. However where Suginami really stands out is in the sheer number of volunteers they have involved in their community patrols, organised through the local PTAs, shoutenkai (shopkeepers’ associations) and choukai (community associations). There are 140 groups with 9600 people actively involved in one way or another in community safety just in Suginami.

Suginami is a relatively wealthy ward and the kinds of problems that concern Arakawa (mainly minor street crime and snatch-thefts) are not such big issues here.  The main concern in this ward seems to be burglary and furikomi – the practice of gangsters and other criminals calling old people and pretending to be a relative or representative of a relative and persuading them to transfer money to a particular ATM (which you can do in Japan – it would be impossible in the UK). Furikomi is a very interesting phenomenon in that it seems to be a product of family, social and technological changes. Many older people who would have lived with family in traditional Japanese society are now living alone. They are lonely and miss the intimacy of family contact, so they tend to welcome unexpected calls from relatives who may now be living almost anywhere in Japan. These older people are also technologically literate and able to use mobile phones, ATMs and computers. The combination of this technological skill, dispersed families, and psychological vulnerability makes for a ripe target for fraudsters, and Suginami estimate that 40% of all crime in the ward is some form of furikomi.

In many ways, increasing concern for privacy is also a product of this change in lifestyles and family structure, as well as building techniques – western-style walls and better sound insulation mean that you can’t always know what is going on in the next room anymore, let alone in your neighbours’ apartments or houses. This also makes burglary rather easier, as once the thief has got past the initial walls or doors, no-one can hear or see very much. The intense and intimate ‘natural surveillance’ that used to characterise ordinary Japanese communities is disappearing. But the Suginami community safety officers see the possibility of revitalising such natural surveillance, and protecting privacy, without going down the route of impersonal, technologically-mediated surveillance. In many ways, this is quite heartening – if, of course, you are of a communitarian mindset. Such supportive, mutually monitored and very inward-looking communities can be stifling to those who do not fit and exclusionary to those from outside… and, not coincidentally, one of our last interviews was with a leading support group for foreign migrants in Japan, who have a very different perspective on all of these developments. That will be in my next post, which may not be until Saturday as we’re going off to Kansai for a couple of days…

(Thank-you to the Disaster Management section for their time and patience).

Hille Koskela’s new book

pelkoTop Finnish surveillance studies academic, Hille Koskela, has a new book out, Pelkokierre – pelon politiikka, turvamarkkinat ja kamppailu kaupunkitilasta (‘The Spiral of Fear. Politics of Fear, Security Business, and the Struggle over Urban Space’). It looks like a fine addition to the literature on fear, security and surveillance, but unfortunately I can’t read it – as it’s in Suomi. Great cover though!

It should of course be translated into English and made available by an English-language publisher, but I doubt this will happen. Publishers don’t like to take what they consider to be a risk by publishing academic work from foreign countries, so unless the author is very famous or dead (or preferably both) it doesn’t happen. We tried very hard to get Michalis Lianos’s very important French book on control society published by an English-language publisher, with many supporting letters and so on, but there was no real interest.

Anyway, Hille has sent me a translation of the table of contents, which are:

1. The paradoxes of security

2. Birth of the security society
Relevant theories in sociology, social policy, geography, architecture, media studies, law and IR

3. The ontology of fear
The social production of fear, the spatial and temporal patterns, fear  as a commodity, streetwise semiotics

4. Fear in everyday life
Housing, workplaces, SUVs, public transport, tourism, child rearing,  ‘threatening’ teenagers, high school massacres

5. The architecture of fear
The classic ideas of Jacobs and Newman, contemporary architecture in public and private spaces, gating, surveillance

6. The politics of fear
Legislation (the public order act etc.), national and local security strategies, urban security politics, ‘the war’ on graffiti

7. The economy of fear
Security services, technology and other security products, images of place, crime and fear in the media

8. Towards a culture of tolerance

More border madness

I could probably blog all the time just about border surveillance and security issues… Aaron Martin has pointed out the reported latest new development on the Israel-Palestine border, which is an apparently arbitrarily used stamp which allows visitors to visit only the Palestinian territories in the West Bank and not Israel itself. Gaza remain closed to foreign visitors, and effectively an open-air prison camp.

It seems hard to define this as a ‘policy’ since the Israeli government officially deny that any order was given for the new stamp, despite the fact there is witness and photographic evidence of its use. Its purpose seems to be clearly to define for future reference, ‘enemies of Israel’ and to make it as hard as possible for those interested in the welfare of Palestinians to enter Israel.

Fingerprint

41F2aVrLpyL._SS500_I haven’t looked at BoingBoing in a while, but it so happened that the first post today when I finally did check in was about something wonderful and surveillance-related… this is Andrea Anastasio’s new multilayered artwork / book, Fingerprint, an exploration and extrapolation that resulted from the experience of being fingerprinted on entering the USA a few years ago.

Moon protest highlights wider border surveillance issues

The mass mooning of the US balloon camera owned by Sierra Nevada Corporation went ahead, but the irony was that the system had already been disabled by the weather. Apparently a large thunderstorm cause a gash in the fabric of the balloon last week which, if nothing else, should prove rather more effective than the protest in making sure that the US government does not invest in it.

However the wider issue of the US surveillance of the border with Canada remains (not mention that of the Mexican border, already a major concern) and whilst this particular technology and the appropriately ridiculous protest, has attracted most attention in the media, let’s not forget that camera towers have been erected and the USA is flying UAVs along the border. Surely President Obama should realise that the paranoid policies of his predecessor do nothing apart from damage relationships (and trade) with a close neighbour?

Meanwhile, back in the USA…

Just when you though the USA might not be going down the same kind of vehicle tracking route that the UK, Japan and Brazil are following, former Congressman, longtime privacy advocate and erstwhile scourge of ECHELON, Bob Barr, reports in his Atlanta Journal and Constitution blog, that increasing numbers of jurisdications in the States are indeed investing in license plate reading systems. California seems to be leading the way, but there’s plenty of others states following, and no doubt this will be another way of wasting (sorry, investing) Obama’s massive recession-busting boost for security…

Vehicle tracking in Japan: N-system

Back in February, I reported from Brazil about the progress of a proposed RFID-based vehicle tracking system, SINIAV. Of course RFID is not at all necessary for tracking. In the UK, the police have used Automatic Numberplate Recognition (ANPR) systems based on roadside cameras since 1993 in London – following the Provisional IRA bombings of the City and Docklands (see the account in my erstwhile collaborator, Jon Coaffee‘s book, Terrorism, Risk and the City – and since 2005, this has been in the process of being expanded into a nationwide network (see also the official Press Release from the Association of Chief Police Officers concerning the launch here).

What is rather less well-known to the outside world is that Japan developed such an automated camera system far earlier, from the early 1980s. The so-called N-system thereafter was gradually expanded to cover almost all major expressways and strategic urban locations in Tokyo and Osaka. Kabukicho, the entertainment district in Shinjuku, which I have spent some time studying over the last few years and will write about more tomorrow, is surrounded by N-system cameras and it is, I estimate, impossible to drive into this area without your license plate being recorded. These cameras are in addition to the 50 CCTV cameras that cover just about every street within the district. N-system is supposed to have played a major role on snaring suspects from the apocaylptic cult, Aum Shinrikyo, which carried out the Sarin gas attacks on the Tokyo underground in 1995, and who also assassinated top policemen and judges. Aum, now renamed ‘Aleph’, has been under official state surveillance ever since.

The Japanese police are not very forthcoming about N-system, let alone the details of how long data is kept and what it is used for. However one particular lawyer’s office in Tokyo did a very good investigation of the constitutional, legal and practical aspects of N-system back in the late 90s, and the updated pages are available here, including a nice little animation explaining how the system works.

We will hopefully be talking to them before we leave Tokyo. We still have time for a few more interviews here including the East Japan Railways security research lab, the Japanese consumers’ association, the organisation for the welfare of foreign workers, and the Suginami ward community safety people. And I will also just about have time to shoot down to Kobe to talk to Professor Kiyoshi Abe, a friend and collaborator, who is also one of the leading surveillance researchers here.

Japanese surveillance studies researchers

Somebody's watching you... office workers walk past an installation in Shinjuku station, Tokyo
Somebody's watching you... office workers walk past an installation in Shinjuku station, Tokyo

We’ve met with several Japanese surveillance studies researchers whilst out here this time. I mentioned Ogura Toshimaru already the other day, but we also had a long meeting the week before with Hino Kimihiro, a researcher into bohan machizukuri (community security development), and government advisor on security planning. Dr Hino has been carrying out a number of research projects on both ‘designing out crime’ and on the effectiveness and public acceptability of CCTV in Japan. I hadn’t come across this research before as my contacts here were mainly in social sciences and law and Dr Hino tends to publish in urban planning journals and is not connected to other Japanese surveillance researchers. His work is very interesting and reminiscent of that of Martin Gill or Farrington and Welsh in the UK. It is a shame, that just like those researchers who have carried out analyses of CCTV for the UK Home Office, his assessments tend to be ignored by the government. Dr Hino’s latest project is to assess the trials of a new movement recognition system in Kawasaki city. I hope he can come to the January Camera Surveillance workshop at Queen’s University, Ontario, or the April Surveillance & Society conference in London (details coming soon!).

I also met today with Tajima Yasuhiko, a professor of media law in the School of Journalism at Jochi (Sophia) University in Tokyo. Professor Tajima has been one of the most important critical voices in the debate about surveillance in Japan, and has bridged the academic and activist world, being involved with legal action against juki-net and Google StreetView. We had a productive conversation about the politics of surveillance in Japan and the prospects for critical voices to be heard. He wasn’t optimistic that they would be, and neither am I after our meeting at the Prime Minister’s IT Strategic JQ the other day, however I am also convinved that in many ways Japan has not yet gown as coordinated and centralised a route on issues of security and surveillance as has the UK. There is, so far as I can see, no real attempt to link up things like juki-net or other databases and the anshin anzen (or bohan) machizukuri agenda, and i-Japan, national and local police, and wider community security agendas do not really coordinate at all. This is due to the lack of an obvious ‘threat’ like that of terrorism in the UK, around which such coordination can occur. The government half-heartedly tries to get people worried about North Korea, but really they aren’t, and ‘ageing society’, whilst a phrase used to justify almost anything (including central databases) is a worry, it does not generate the fear that comes with the war on terror.

We also considered the relative weakness of Japanese civil liberties organisations and the failure of the mainstream media to pick up on issues of privacy and surveillance. There seems to be some effort now to try to coordinate various organisations to push for an explicit constitutional protection for privacy (rather than the rather vague inclusion of such an idea in a wider notion of the ‘pursuit of happiness’), but whilst I can see that being happily accepted after the government has got its central database(s), I can’t see it being done in time to alter either this trajectory or the way in which the database(s) are built.