How online companies can protect privacy and free speech

QR_logoThere have been a lot of stories about online services breaching privacy, losing user’s data, being hacked, being to willing to give into state requests for information and much more. But not so much on how companies might provide a positive service that works, whilst respecting privacy, free speech and other fundamental rights. But now ACLU has issued a helpful guide. Clearly, it’s designed for business rather than being a critique of businesses and their practices, and as such is hardly a manual for revolution, but it will be interesting to see who takes notice… and who doesn’t.

Obama’s drone wars in question

So much has been happening over the US drone warfare program over the last few weeks that it’s hard to keep up.

First, the United Nations Special Rapporteur for Human Rights and Counter-Terrorism, instigated an inquiry into the targeted killing programs operated by the USA, largely using drones, and focusing on the issue of civilian casualties. The rapporteur, Ben Emmerson, made it clear that the inquiry would pull no punches and might result in war crimes charges against the US, should evidence be discovered of such crimes.

Second, NBC television in the USA revealed a leaked Justice Department document laying out the legal justification for the targeted assassination of US citizens using drones. The full memo is also available from this link and assembles a tortuous argument about how US citizens can be killed by their own government from above if there an “informed, high-level” official decides that the person has “recently” been involved in undefined “activities” threatening a violent attack against the US and “there is  no evidence suggesting that he has renounced or abandoned such activities.”

And now, the Washington Post is reporting that the nomination of President Obama’s counter-terrorism guru, John Brennan, to head the CIA, has led to all sorts of revelations and difficult questions for Brennan to answer about the CIA’s targeted assassination program, including the acknowledgement of a secret drone base, at a still undisclosed location, in Saudi Arabia.

A while ago it looked like Obama’s drone strategy was unassailable despite increasing public knowledge via the Bureau of Investigative Journalism and criticisms from groups like the International Committee for Robot Arms Control. Now, this is going mainstream and it’s not looking so good for what former CIA Director, Leon Panetta, called the ‘only game in town’.

 

Surveillance devices get smaller… but it’s privacy that vanishes.

I’ve been blogging for a while about miniaturization and the ‘vanishing’ of surveillance devices. This disappearance occurs in many ways, one of which is the incorporation of high-tech surveillance features into objects and devices that we are already used to or their reduction to a size and form factor that is relatively familiar. Two examples coincidentally arrived in my inbox over the last week.

The first was the news that the US Navy has awarded a development contract for binoculars that incorporate three-dimensional face-recognition technology from StereoVision Inc (who may well be the bunch of  California-based face recog people I met at a biometrics industry show a few years back). This supposedly gets round the problems that standard two-dimensional face recognition has dealing with unpredictably mobile crowds of people in natural light (AKA ‘the real world’). The issue I’m highlighting here however is that we don’t expect binoculars to be equipped with face recognition. Binoculars may not be entirely socially acceptable items, and already convey implications of creepy voyeurism when used in urban or domestic situations, however this is something else entirely.

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Small terahertz wave scanner being tested by NYPD in January (NYPD_

The second is the extraordinarily rapid ongoing progress towards working handheld terahertz wave technology (a far more effective form of scanning technology than either the backscatter x-ray or millimeter wave systems used in the bulky bodyscanners currently in use at airports). Just four years ago, I noted the theoretical proof that this was possible, and last month, it was revealed that police in New York were testing handheld terahertz wave scanners, (Thruvision from Digital Barriers) which of course people were likening to Star Trek’s tricorders. The idea that the police could perform a virtual strip search on the street without even having to ask is again, a pretty major change, but it’s also the case that the basic technology can be incorporated into standard video camera systems – potentially everyone with a mobile phone camera could be doing this in a few years.

I’m not a technological determinist, but in the context of societies in which suspicion, publicity and exposure are becoming  increasingly socially normative, I have to ask what these technologies and many others like them imply for conventional responses based on ‘privacy’. Privacy by design is pretty much a joke when the sole purpose of such devices is to breach privacy. And control by privacy regulators is based on the ability to know that one is actually under surveillance – when everything can potentially be performing some kind of highly advanced surveillance, how is one able to tell, let alone select which of the constant breaches of privacy is worth challenging? So, do we simply ban the use of certain forms of surveillance technology in public places? How, would this be enforced given that any conventional form factor might or might not contain such technology? And would this simply result in an even more intense asymmetry of the gaze, when the military and the police have such devices, but people are prevented from using them? Do we rely of camouflage, spoofing and disabling techniques and technologies against those who might be seeking to expose us? You can bet the state will not be happy if these become widespread – just look at the police reaction to existing sousveillance and cop-watching initiatives…

More on ID, this time in BC

There’s a great piece just out today from Adam Molnar, guesting on Chris Parsons’ blog, about the soon-to-be released British Columbia Services Card, which features a Near-Field Communications (NFC) chip. It’s well worth reading Chris Parsons’ blog on a regular basis anyway, so check it out!

Here comes the US ID-card push

For a while now, I’ve been wondering why the US didn’t attempt to push for a national biometric ID card system in the wake of the 9/11 bombings.

Given reported statements from biometrics industry bosses about 9/11 being ‘what we’ve been waiting for’ and so on, one might have expected there to be a major effort in this direction but officially, as Zureik and Hindle (2004) point out, the International Biometrics Industry Association (IBIA) was relatively cautious in its post-9/11 press work, although it argued that biometrics had a major role to play in the fight against terrorism. Even the 9/11 Commission didn’t recommend a national ID card scheme, instead limiting itself in its final report to In its final report, to recommending a “biometric entry-exit screening system” for travelers in and out of the USA.

Part of this is because of the uneasy relations between the federal government and states governments, and suspicion of the former from the latter, and particularly from the political right has meant national ID cards have always been out of the question, even in an era of identification. So even though ID is frequently required in social situations, especially in dealing with banks, police and government agencies, the US relies on the ubiquitous driver’s licenses, which are issued by states not by the federal government. I remember from my time living in the US (in Virginia) as a non-driver, that in order to have valid form of ID, I had the choice of either carrying my passport or getting a special non-driver’s driver’s license, which always struck me simply as an absurd commentary on the importance of the automobiles in US life because, being young at the time, the nuances of federal-state relationships escaped me. And of course, passports won’t cut it for most, as less than 50% of US citizens have one.

So, if the apparently ubiquitous threat of terrorism was not going to scare states’ rights advocates and the right in general into swallowing the industry lines about security that they might usually have lapped up, what would? Well, the one thing that scares the right more than terrorism – Mexicans! More seriously, the paranoia about undocumented migrants combined with the spiralling cost of oppressive yet clearly ineffective border control (walls, drones, webcams, vigilantes etc. etc.) seems to have no done what the fear of terrorism could not, and inspired a push on both the centre and the right for ID cards – not that there’s much evidence that biometric ID cards will do a better job of excluding undocumented migrants, given that they do nothing to address what’s driving this migration – the demand for cheap, tax-free labour in the USA.

Today, not only the beltway insider’s bible, the Washington Post has an editorial demanding biometric social security cards for all (and a concomitant reduction in spending on hardening the border) following on from a cross-party senate recommendation, but also the Los Angeles Times, a paper which in the past has often been wary of the march to a ‘surveillance society’ – indeed it was the first major US newspaper to use this term, way back in 1970 as well as publishing critics like Gary Marx (see Murakami Wood, 2009) – has an op-ed arguing for a national ID card. The LA Times version, written by Robert Pastor, also claims that this is necessary to deal with voter fraud, a constant concern of the right and which always has a strong undertone of racism, so it’s unsurprising coming after a black Democrat has been elected as President for a second time in a tight election. Ironically, however, the President whose supporters are clearly the target of such attacks, has recently made it clear that he is also a supporter of a ‘tamper-proof’ national ID system.

No-one has yet made the international competition argument that is also so often used in these debates (‘if India and Brazil can do it, then surely the USA can’), but this debate is now ramping up in a way that even 9/11 couldn’t manage. Interesting times ahead…

References:

Murakami Wood, David. “The Surveillance Society’: Questions of History, Place and Culture.” European Journal of Criminology 6.2 (2009).
Zureik, Elia, and Karen Hindle. “Governance, security and technology: the case of biometrics.” Studies in Political Economy 73 (2004).
(thanks to Sarah Soliman and Aaron Martin for the newspaper articles…)

$100 to anyone who can find a ‘privacy-compliant camera’ in Canada

Actually, the headline (from the Toronto Metro free paper) is a little misleading as what my friend and colleague Andrew Clement is actually betting on here is that no-one can find a video surveillance system in Canada that is fully compliant with Canadian privacy law. Which of course may of may not be the same as ‘privacy’ in any other terms. But it’s an interesting challenge – that is largely to do with signage. Prof Clement and his team at the iSchool at UofT have been monitoring the way in which video surveillance systems in Canada are signed for quite some time. As their website, surveillancerights.ca (which is also where you can try to claim your $100…) says

“Signs should at a minimum clearly tell you:

  • who is operating the camera
  • who you can contact if you have questions
  • the purpose(s) of the surveillance”

The signs should also in themselves be clearly visible, not hidden away somewhere. There’s more detailed information about requirments here.

So, who’s going to take up this bet?

(Thanks to Matthias Vermeulen for the story and Aaron Martin for noticing the difference between privacy and privacy law.)

Canadian police to expand drone use

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AeroVironment Qube (avinc.com)

The Royal Canadian Mounted Police (RCMP) are investing more in micro-UAVs, in particular little remote-control surveillance helicopter drones, according to the National Post today. The new drones will be the quad rotor AeroVironment Qube model, one of the most popular small drones used by police worldwide.

According to the police themselves, they will limit the use of the drones to “accident reconstruction, search-and-rescue operations, major crime scenes and situations involving emergency response teams”, however as the article also notes, they don’t actually have a formal policy on the use of UAVs, and as with other controversial purchases by Canadian police, for example the LRAD accoustic weapons in Toronto and Vancouver, this highlights how little oversight there is of what technologies police can purchase.

(Thanks to Chris Prince for the story)

Is Google taking a stand?

According to Wired’s Threat Level blog, Google is taking a rather tougher stance towards the US federal government when it comes to requests for cloud-stored data for investigations. The company is now, it says, asking for judicial warrants from state organisations. As Wired points out, even though this might seem ethically sound, it is dubious legal ground as the US Electronic Privacy Communications Act allows the federal government access to such documents without a warrant. And yet, no court challenge has yet been made by the government to Google’s stance.

So what is going on here? Is Google serious about taking on ‘the feds’ in favour of users? Is this new pro-user line by Google merely contingent and once something ‘really important’ is demanded, the company would cave in? Is there some other kind of backroom deal? Is Google actually being rather cynical because the company knows that the NSA can access everything they have anyway (and probably by arrangement – after all, the NSA helped Google out a lot in its battle with China’s authorities)? I suspect there is much more to this apparently casual revelation…

Canada and Mali

I’m privileged to be supervising some great students at all levels, but Jeff Monaghan is something else*. Not surprisingly for someone who previously worked with the awesomely prolific and engaged, Kevin Walby (now over in Victoria – who may be the young researcher I most admire in surveillance studies), he mainly uses Access to Information and Privacy requests (ATIPs – under Canada’s freedom of information legislation) as a basic method, and as far as I can see he is constantly firing these things off and sorting through them for revealing nuggets. Right now, Jeff is working in the way in which Canadian development aid, like that of many wealthy nations, is becoming increasingly entwined with a security agenda, what he calls ‘security aid’. Anyway, he’s in the news today because one of his ATIPs has revealed that Canada was engaged in planning for military intervention in Mali, of some sort, over a year ago, belying their apparent public reluctance to get involved right now.