Is sousveillance the answer?

Marina Hyde in the Guardian last week wrote a very interesting piece on the ongoing fallout from the death of Ian Tomlinson at the G20 protests in London. She argued that the appearance of mobile telephone camera foogtage, which revealed more about the way the police treated the passerby, showed that this kind of inverse surveillance (or what Steve Mann calls ‘sousveillance’) was the way to fight the increase of surveillance in British society.

I’ve been suggesting this as one possible strategy for many years too, however what Hyde didn’t really deal with is the other side of the coin: the fact that the authotorities in Britain already know that this is a potential response and are trying to cut down on the use of photographic equipment in public places. Anti-terrorism laws already make it illegal to photograph members of the armed forces, and in the new Counter-Terrorism Act, there is a provision to allow the police to isue an order preventing photography in particular circumstances. Further, it is now regarded as suspicious by police to be seen taking an interest in surveillance cameras.

The bigger issue here is the fight for control of the means of visibility, and the legitimate production of images. The British state is slowly trying to restrict the definition of what is considered to be ‘normal’ behaviour with regards to video and photography. In the new normality, state video is for the public good, but video by the public is potential terrorism; police photographing demonstrators is important for public order, but demonstrators photographing police is gathering material potentially of use in the preparation of a terrorist act.

However, I am not 100% in favour of the proliferation of cameras, whoever is wielding them. I think it’s essential that we, at this moment in time, turn our cameras on an overintrusive and controlling state. However a society in which we all constantly film each other is not one in which I would feel comfortable living either. A mutual surveillance society in which cameras substitute for richer social interactions and social negotiation, is still a surveillance society and still a society of diminished privacy and dignity. I worry that sousveillance, rather than leading to a reduction in the intrusiveness of the state, will merely generate more cameras and more watchers, and merely help reinforce a new normality of being constantly observed and recorded.

In a society of ubiquitous telecoms surveillance, not having a mobile phone is now suspicious

Contemporary social sorting techniques look for abnormality, but the norms are increasingly defined by reference to the methods of sorting themselves. Thus not wanting to be under mass surveillance makes you suspicious and a subject of targeted surveillance; research into, or resistance or opposition to surveillance also makes you a suspect…

There is a really good article by David Mery in The Register, which provides a nice summary of the current situation regarding the mass surveillance of mobile telecommunications in the EU and the UK specifically.

One particularly interesting point he makes is that the combination of the ubiquity of the mobile phone – there are more phones than people across most of Europe now – with the routine nature of mass state surveillance of telecommunications traffic and mobile phone location, means that not carrying a mobile phone is now grounds for suspicions. One item in the ridiculous German anti-terrorism case against the academic, Andrej Holm, was “the fact that he – allegedly intentionally – did not take his mobile phone with him to a meeting is considered as ‘conspiratorial behavior.'” In te similarly ridiculous arrest of a load of back-to-the-land communards at Tarnac in France, their lack of mobile phones was also considered to be suspicious and evidence of ‘clandestinity.’

This is a key indication of living in a ubiquitous surveillance society – when the norms of surveillance practice start to be seen by the state (or indeed people) as a more general societal norm, and nonconformity is grounds for suspicion. The surveillance society is a self-referential, self-reinforcing one. Contemporary social sorting techniques look for abnormality, but the norms are increasingly defined by the methods of sorting themselves. Thus not wanting to be under mass surveillance makes you suspicious and a subject of targeted surveillance; research into, or resistance or opposition to surveillance also makes you a suspect (as the current London Met poster campaign also shows). The normalisation of surveillance potentially makes suspicious anything that we do that makes state surveillance of more difficult. It is no longer a case of a passive ‘nothing to hide, nothing to fear’, but that not volunteering to be under surveillance makes us ‘abnormal’.

This seriously affects our civil liberties, but it has the potential to affect something more fundamental too – our autonomy, that is the ability to define ourselves as indviduals. Contemporary surveillance societies have started to impose categorisations and indentifications onto people that have nothing to do with how we feel about our identities. These categorisations not only stand for us in specific negotiations with the state (as they always have done in the past), they appear increasingly designed to erase identity (or even the potential for the self-construction of identity) and replace it with an identificatiton, by reinscribing the state categorisation, derived from surveillance, back onto the person and their behaviour.

US borders with Canada strengthened

There has been a lot of interest in the US border with Mexico in recent years, and rightly so. However, what not so many people have noticed is that the closing of the closing of the USA is taking place along the world’s largest land border between two countries, the border between the USA and Canada.

Unmanned Aerial Vehicles (UAVs) already patrol the airspace (and at a low enough level that private flights have had to be restricted, thereby doing two security jobs with one technology). However, the most recent announcement concerned the installation of video surveillance towers to monitor waterways. This is all on the basis of very little information about whether this is either cost-effective or necessary; according to the AP article, the Border Patrol themselves admit this: “What we don’t know is how often that vulnerability is exploited […] if, in fact, there’s a lot more going on than we thought, then this technology will help us identify it and it will help us respond and apprehend those people in ways that we haven’t before.” So essentially, this is surveillance to see whether surveillance is necessary – it seems we are now in a surveillance double-bind, so you no longer need a strong reason to install cameras; they are their own justification and may be justified in retrospect whatever does or does not happen. If nothing is seen, they will be said to be a deterrent, if something is detected then they will be proclaimed as showing the need for surveillance!

The technology employed against those tricky Canucks will be provided by the same supplier, Boeing, that has been so criticised for its failures on the Mexican border (and there have been plenty of failures down there). It seems that even when it comes to the trump card of security, which normally wins hands-down, the congressional pork-barrel remains the joker in the pack. Now, the Canadians and local firms along the US border have already been complaining about the post-9/11 restrictions that have begun to stifle cross-border trade on which many of those communities depend. In a recession, such considerations might be thought to count for something, but it seems that the mighty Boeing’s profits matter more…

CONTEST 2: so where do I sign up?

One massively important development back home in Airstrip One, that I somehow missed, as I am here in Brazil, was the announcement of (now officially the worst ever) Home Secretary, Jacqui Smith’s only personal Stasi – sorry, it was just terrorism preparedness training for thousands of workers. It’s easy to get confused especially as this all comes as part of a package of measures designed to counter Islamic radicalism through state propaganda. It’s all part of CONTEST 2, the sequel to the CONTEST strategy that we criticised in our recent book on urban resilience as threatening to turn all British citizens into paranoid spies – for more ridiculous rhetoric along these lines, see the Metropolitan Police poster campaigns. It’s also part of long tradition of volunteerism in British civil defence that goes back to WW2 and even before, and encompasses all that ridiculous advice on hiding behind your sofa in the event of a nuclear attack.

Backing the plan are odd individuals like Maajid Nawaz, who is a former member of Hizb ut-Tahrir, an extremist Islamic group, who seems to have swapped one extremism for another in his support of the British government’s authoritarian stance, in his leadership of the Quilliam Foundation. However, the Conservative Party despite their liberal words on ID cards, actually want to go further than Labour. They claim that we are ‘soft targets’ and that ‘whole community needs to be involved in tackling the danger’. They argue that this would be learning the lessons of Mumbai, but it is quite clear that Mumbai was an attack planned in one country against another, not a homegrown assault, so it seems that they are simply trying to scare us into thinking that we need more McCarthyite tactics.

My first thought about the new terrorism preaparedness training was ‘so where do I sign up? Perhaps the best thing for all critical and progressive people to do would be to sign up and do exactly the opposite of what they want… not that I would ever suggest such a subversive strategy.

Metropolitan Police Encouraging Stupidity and Suspicion

Rather than being a legitmate political response to an illiberal, repressive, undemocratic and unaccountable growth in surveillance, ‘interest’ in CCTV is now regarded as suspicious in itself…

Boing Boing has news of the latest London Metropolitan Police campaign which is supposedly encouraging people to report their suspicions on terrorist activity, but is in fact just another step on the illiberal, socially divisive and stupid road towards a McCarthyite Britain where British people are expected to spy on each other in the name of security.

Why not check your neighbours' waste bins?
Why not check your neighbours' waste bins?

Apart from encouraging people to rifle through their neighbours garbage, the most disturbing thing about this new campaign is the way in which it implies that any interest in CCTV cameras is a potentionally terrorist activity.

See that camera? No, you don't. It's not there.
See that camera? No, you don't. It's not there.

From the late 1980s onwards, the British state in its usual bumbling, piecemeal and disorganised way, gradually created an increasingly comprehensive monitoring program of British city centres. There was never any strong evidence for the need for this technology, it was never approved by parliament, there was never a single CCTV Act that enabled it.

Now, just as it has become pretty clear that CCTV has very little effect on crime rates (its original justification, let us not forget), the state has started to close down criticism and even interest in or discussion of these surveillance measures. Effectively, we are being officially instructed to ignore the cameras and pretend we don’t see them. Rather than being a legitimate political response to an illiberal, repressive, undemocratic and unaccountable growth in surveillance, ‘interest’ in CCTV is now regarded as suspicious in itself.

At the same time, the British state is increasingly regulating the means of production of visual images by ordinary citizens. The state (and many private companies) can watch us while we have to pretend we don’ t notice, but for ordinary people to take picture or make video in public places, and in particular making images of state buildings or employees like the police (you know, the people who supposedly work for us), is being gradually and by stealth turned into a criminal act. In the past, I have been very careful not to shout about all acts of state surveillance being totalitarian (because very few of them actually are), but there is no other word for these trends. The police are attempting to make themselves the arbiters of how we see society and public places; they are telling us what can and cannot be legitimately the subject of interest and of visual representation.

They are also spending more time now ‘securing secturity’ – protecting the architecture of surveillance that has been built. You can see the private sector recognising this. At equipment fairs I have been to over the last few years, one of the big developments in camera technology has been methods of armouring and protecting the cameras themselves. There seems to be an effort, deliberate or unconscious, to forget the supposed original purpose of such surveillance in protecting us, and instead to concentrate on protecting the surveillance equipment.

This is particularly problematic for researchers like me. We’ll see what happens when I am back in London in May and June when I will be taking a lot of pictures of CCTV as part of my project, which is of course, ironically, sponsored by an official British state research council…

Global CCTV datamining project revealed

As a result of an annual report on datamining sent to the US Congress by the Office of the Director of National Intelligence, a research project, Video Analysis and Content Extraction (VACE), has been revealed. The program is aiming to produce an computer system that will be able to search and analyse video images, especially “surveillance-camera data from countries other than the United States” to identify “well-established patterns of clearly suspicious behavior.”

Conducted by the Office of Incisive Analysis, part of the Intelligence Advanced Research Projects Activity (IARPA), the program has apparently been running since 2001,and is merely one of several post-9/11 research projects aiming to create advanced dataveillance systems to analyse data from global sources. How the USA would obtain the information is not specified…

One could spend a long time listing all the DARPA and IARPA projects that are running, many of which are speculative and come to nothing. The report also mentions the curious Project Reynard that I have mentioned before, which aims to analyse the behaviours of avatars in online gaming environments with the aim of detecting ‘suspicious behaviours’. Reynard is apparently achieving some successful results, but we have no real idea at what stage VACE is, and the report only states that some elements are being tested with real world data. This implies that there is nowhere near a complete system. Nevertheless the mentality behind these projects is worrying. It is hardly the first time that the USA has tried to create what Paul Edwards called a ‘closed world’ and these utopian projects which effectively try to know the whole world in some way (like ECHELON, or the FBI’s proposed Server in the Sky) are an ongoing US state obsession.

It is the particular idea that ‘suspicious patterns of behaviour’ can be identified through constant surveillance and automated analysis, that our behaviour and indeed thoughts are no longer our own business. Because it is thoughts and anticipating action that is the ultimate goal. One can see this, at a finer grain, of programs like Project Hostile Intent, a Department of Homeland Security initiative to analyse ‘microexpressions’, supposedly preconscious facial movements. The EU is not immune from such incredibly intrusive proposals: so-called ‘spy in the cabin’ cameras and microphones in the back of every seat have been proposed by the EU-funded SAFEE project, which is supported by a large consortium of security corporations. The European Commission has already hinted that it might try to ‘require’ airlines to use the system when developed.

No doubt too, because of the close (and largely secret and unaccountable) co-operation of the EU and USA on security issues, all the images and recordings would find their way into these proposes databases and their inhuman agents would check them over to make sure we are all passive, good humans with correct behaviours, expressions and thoughts, whether we are in the real or the virtual world…

Incompetence and Surveillance

There is an opinion piece in The Daily Telegraph (UK) today by Alasdair Palmer, which argues that it is the incompetence and human fallibility of the UK government rather than any lack of desire which prevents an Orwellian surveillance state from emerging in the UK. It is hardly new but it’s an attractive argument, one which I have used before and which we used to a certain extent in our Report on the Surveillance Society, and one which draws on the deep well of cynicism about government which has long characterised British politics.

However there are a number of problems with the argument. The first is whether it is really true. A totalitarian society does not have to be competent in the sense of having correct information, in fact one of the central messages of Nineteen Eight-Four is that ‘truth’ is a product of state control in such societies. This was obvious in the case of Stalin’s purges. The accusations made against individuals did not rely on the accuracy of the accusation but on the very fact of accusation, something brought out very strongly in Orlando Figges’ recent book, The Whisperers. In the UK in recent years we have seen some elements of this. It doesn’t matter for example, whether someone really is a terrorist, the word ‘terrorist’ is just redefined in law and practice to encompass that person. New terms are invented to describe quasi-crimes (like anti-social behaviour) which come to have the force of ‘crime’ and become the focus of state surveillance activity. And I have shown how the recent arguments over photography in public places show a genuine totalitarianism in the attempt to define the limits of the collection and interpretation of visual images. It doesn’t matter how competent the state is at carrying out its desires here. The very fact that it defines what is acceptability in this way can create a new ‘normality’ and a ‘chilling effect’ on protest and resistance – which makes such activity even more essential.

The second problem is the idea that incompetence protects us. It didn’t in Soviet Russia and it doesn’t today. The government’s uselessness in handling data harms people. The loss and leakage of private personal information can lead to real effects on people’s lives: information theft, fraud and so on. The loss of trust in those who control information also has knock-on effects on those organisations that genuinely rely on personal information to provide essential services and care: education, health services, social work etc. A loss of trust caused by failed repression leads to a generalised loss of trust in government and in other people: it damages social trust. It is perhaps because British people have such a low level of social trust anyway that we expect things to fail.

The third problem relies on the first two and is the idea that state incompetence is enough to protect us. Of course it isn’t. Cynicism is no basis for thinking of, and creating, a better society. Do we want to live in a society where our only protection is the fact that state is structurally or contingently unable to create a totalitarian situation even though it continues to try? I certainly don’t. The emergence of surveillance societies, competent or otherwise, requires the imagination of alternatives – including greater democracy, accountability, transparency, and regulation and control of both state and corporate organisations in our favour – and political action to demand and create those alternatives.

A faith in failure is simply a form of nihilism.

How many people are being arrested for taking pictures in public in Britain?

It seems that what is going on is a battle to control the power of visibility, the power to make images. The British state, and other ‘responsible’ bodies (generally commercial organisations) are attempting to make us increasingly transparent whilst at the same time reducing the ability of ordinary people to render the state transparent…

I’m seeing more and more local and self-reported stories of ordinary people being harassed and arrested in Britain, for taking photographs in public. Today BoingBoing is reporting on this Manchester man who was arrested because the police thought he might be photographing sewer gratings. I reported last year on the case of an online acquaintance who was arrested and humiliated over several days in London. It is increasingly not even police but the growing multitude of ‘plastic police’ – Police Community Support Officers (PCSOs), neighbourhood wardens and private security guards – who are at the forefront of this tendency. But because most of these stories are never taken up by the national – or even local – media, it is difficult to have a good idea of how widespread this has become.

This is even before we have seen the effects of the new Counter-Terrorism Act 2008 which under Section 76, gives power to the police to prevent people from taking pictures. Most of the arrests have come under Section 44 or 58 of the Terrorism Act 2000 which allow the police to stop and search photographers and in the latter case, to arrest people for possessing material (generally photographs in this case) likely to be of use in the commission of an act of terrorism.

At the same time of course, there has been a huge expansion of CCTV particularly by the state. It seems that what is going on is a battle to control the power of visibility, the power to make images. The British state, and other ‘responsible’ bodies (generally commercial organisations) are attempting to make us increasingly transparent whilst at the same time reducing the ability of ordinary people to render the state transparent, in other words to hold the state accountable. A situation of rowing asymmetry is developing with regards to the visual image. This renders the whole public rationale for CCTV expansion highly questionable. We already know that CCTV operatives are spending more of their time searching for these kinds of social and public order offenses rather than actual crime.

This tends to support the argument that I have been making that several democratic countries, with Britain and Italy at the forefront, are drifting into a kind of ‘soft fascism’, a creeping totalitarianism that is presented as reasoned and reasonable. It allows supporters to claim that opponents are being ‘extreme’ and underestimating the ‘real danger’, that all of these measure are ‘for our own good’. Yet we have arrived at a point where even untrained, ill-educated street-level minions of the state can now decide whether wee are allowed to take pictures in public. When people like ex-MI5 chief, Stella Rimington are saying that we are in danger of heading towards a police state, even the cynics, and the ‘nothing to hide, nothing to fear’ crowd, should be taking some notice.

Battle lines being drawn in UK surveillance debate

there appears to be a gathering of forces and a drawing of battle lines amongst the ‘big beasts’ of security policy in the UK…

securitystrategybannerThe UK’s Institute for Public Policy Research (IPPR), the influential think-tank that was behind the New Labour project, has released a report on intelligence and national security that argues that privacy and human rights will have to take second place in the War on Terror. The report, National Security Strategy, Implications for the UK Intelligence Community, is written by former civil service security and intelligence coordinator, David Omand, is part of the IPPR’s Commission on National Security in the 21st Century, whose rather unimpressive launch event I attended last year.

The Guardian newspaper’s story on this is trying to build this up into an ‘end of privacy’ / ‘end of civilisation as we know it’ story and Omand certainly comes down firmly on the side of security over liberty. He recognises that his arguments are contrary to ours and go “against current calls to curb the so-called surveillance society.” But he is not actually making a total ‘by any means necessary’ argument. Even the Guardian’s own report quotes his rather qualified statement that “in some respects [new intelligence methods] may have to be at the expense of some aspects of privacy rights.”

The report is simply not as strong or even as interesting as The Guardian‘s story suggests. Most of it is simply a description of how intelligence works (and not even a very comprehensive or insightful one at that). Much, as we predicted in our recent book (see My Publications), it tries to set the creation of ‘resilience’ as a key rationale for reducing civil liberties, as if resilience in itself was a good thing that needed no justification when in fact it is being used as a bland container for all sorts of questionable policies – from the use of torture and imprisonment without trial to the everyday use of intrusive high-tech surveillance. The references to the political controversies over surveillance are rather cursory and don’t really say much other than that people are worried and really they shouldn’t be. These are just the usual ‘trust us, we know what we are doing’ and ‘these are exceptional circumstances’ arguments that we have heard many times before, and they are as weak and old-fashioned coming from Omand as from anyone else.

It is worth noting that there appears to be a gathering of forces and a drawing of battle lines amongst the ‘big beasts’ of security policy in the UK. I reported yesterday on David Blunkett’s conversion to the cause of limiting surveillance society, and a few days ago, Stella Rimington, the former Head of the Security Service, MI5, condemned the current government’s approach to liberty and security in even stronger terms, arguing that the approach that Omand typifies would lead to ‘a police state’.

Surveillance has finally become an issue on which it is becoming less possible to be unengaged, apathetic or even neutral. That in itself is a good thing, however it does not guarantee a good outcome even if more major public figures suddenly discover their enthusiasm for liberty once they leave office. However, I hope this reflects a split which is growing within the current government too – normally when retired politicians and civil servants speak out, they are conscious of the way in which they speak on behalf of friends and colleagues who feel they cannot be so candid.

Keep quiet or get labelled a terrorist…

BoingBoing brings this piece from the Daily Kos to my attention. It’s a disturbing story of what has happened on a number of occasions to people who annoy flight attendants and end up being labeled as terrorists. These ridiculous rulings have been severely debilitating – in the most extreme case, one woman lost access to her children, and in a Kafkaesque twist was unable to argue the case because she could not reach the custody hearing (in Hawai’i) because she was banned from flying!

These rulings have all occurred through extreme interpretations of the provisions of the US PATRIOT Act. However both this tendency for laws to extend their reach is not unique to the USA, indeed Britain may be far more culpable in this regard but in its mundane, bureaucratic way. Examples include the way that the Harassment Act, designed to protect people from stalkers, has become a tool of corporations against protestors, and the Regulation of Investigatory Powers Act (RIPA), which has enabled local authorities to employ intensive surveillance of individuals for such heinous acts as recycling wrongly.

The other issue here is once again, one of responsibilization, the enabling of ordinary people in minor positions of responsibility, or none, to use powers that would previously have been reserved to law enforcement officials or the court system. In the USA, it is flight attendants, whose role has increased markedly as post-9/11 provisions have ratcheted up expectations of passenger behaviour, but in Britain, the New Labour administration has enabled hundreds of bureaucrats to issue fines without any court process through the Regulatory Enforcement and Sanction Act, passed last year.

Basically, there are more and more people who, on a whim and with little or no evidence, can make life extremely difficult if you don’t conform to increasingly tight behavioural norms based on pre-established categories – ‘acting like a terrorist‘ being just one. Some of these norms we may even agree with – no-one likes rudeness – but what is happening is a process of desocialization and the replacement of what used to be matters of civility by narrow protocols.