New UK government to go ahead with old government plan on data retention

One of the many promises made by the new Conservative-Liberal Democrat coalition government was that it would “end the storage of internet and e-mail records without good reason.” The obvious flaw in this promise is that all the protection provided was only good so long as the government was unable to invent a ‘good reason.’

Now it appears according to The Guardian newspaper, that such a ‘good reason’ has been defined in the Strategic Defence and Security Review, to keep all web site visits, e-mail and phone calls made in the UK. And it is an old reason: basically, everything should be kept in case the police or intelligence services might find it useful in the prevention of a ‘terror-related crime’. Note: not actually terrorism, but terror-related, which is rather more vague and not so clearly defined in law, even given that ‘terrorism’ is already very broadly defined in the relevant laws.

This is pretty much exactly what the last Labour government were planning to do anyway with the proposed Communications Bill. Oh, and dont’t forget that the cost of this has been estimated at around 2Bn GBP ($3.5Bn) in a country that just announced ‘unavoidable’ welfare cuts of 7Bn GBP… that’s the reality of the ‘age of austerity’ for you’. It shows what David Gill argued in his book Policing Politics (1994) that the intelligence service constitute a ‘secret state’ that persists beyond the superficial front of the government of the day.

The Tools of Personal Surveillance

There’s always something interesting on BoingBoing, and it was via that site that I came across this story in Salon magazine about one woman’s decision to track down the man who had robbed her. Now, most of the commentary about this has focussed on her commitment and determination and the usual stuff about how the police let criminals prospers etc. However, what interested me was the techniques and technologies that she was able to employ to find this guy: basically not only did she use a whole lot of techniques and technologies that not so long ago would have been the preserve of the intelligence services, police or private investigators, but also the thief in question was also an inveterate social networker and was about as careless with his online personae as most of us are. Of course, what it also shows is that it takes an awful lot of effort to do this, and this kind of obsessive hunt takes over lives, so it would not be a practical option: individual surveillance is not a substitute for the power of the state. It’s a fascinating read…

UK Parliamentary Committee rejects Government DNA proposals

The House of Commons Home Affairs Select Committee has rejected a key part of the UK government’s new plans for the National DNA Database (NDNAD). The plans came in response to the ruling by the European Court that the NDNAD was being operated contrary to human rights law by keeping the profiles of innocent people indefinitely. The database has been filled largely through the provisions of a very vague and wide-ranging provision that allowed the police to take DNA from anyone arrested for an indictable offence, and to keep it even if they were never even charged (let alone charged and not convicted). The result had been that long-standing prejudices within the police had meant a bias in the databases against young black men, and a rapidly expanding set of profiles of children and the entirely innocent.The NDNAD had also been attacked by the HUman Genetics Commission (the government’s own watchdog) which recommended multiple reforms.

One of the main parts of the government’s response to the European Court ruling was that DNA should be retained for 6 years – the committee has recommended that this be halved to 3 years (we are still talking about the DNA of innocent people here…), and that there should be some proper national system for deciding who gets deleted entirely (at the moment it is at the discretion of Chief Constables of local police forces!). Of course all of these leaves the wider question of fairness and rights undebated. There are only two properly just ways to run a database of this sort. One would be to include only the DNA of those convicted of a crime or suspected in an ongoing investigation. The other would be to include everyone (as the UAE has decided to do). At the moment, the NDNAD is, like most things in Britain, an unaccountable mess of law, customary practice and happenstance that pleases no-one and is also remarkably ineffective for the money and effort put into it. This will only improve slightly even if the select committee’s recommendations are accepted.

Does the expansion of surveillance make assassination harder? Not in a world of UAVs…

Following the killing of Mahmood Al-Mabhouh is Dubai, allegedly by Israeli Mossad agents, some people are starting to ask whether political assassination is being made more difficult by the proliferation of everyday surveillance. The Washington Post argues that it is, and they give three other cases, including that of Alexandr Litvinenko in London in 2006. But there’s a number of reasons to think that this is a superficial argument.

However the obvious thing about all of these is that they were successful assassinations. They were not prevented by any surveillance technologies. In the Dubai case, the much-trumpeted new international passport regime did not uncover a relatively simple set  of photo-swaps – and anyone who has talked to airport security will know how slapdash most ID checks really are. Litvinenko is as dead as Georgi Markov, famously killed by the Bulgarian secret service with a poisoned-tipped umbrella in London in 1978, and we still don’t really have a clear idea of what was actually going on in the Markov case despite some high-profile charges being laid.

Another thing is that there are several kinds of assassination: the first are those that are meant to be clearly noticed, so as to send a message to the followers or group associated with the deceased. Surveillance technologies, and particularly CCTV,  help such causes by providing readily viewable pictures that contribute to a media PR-campaign that is as important as the killing itself. Mossad in this case, if it was Mossad, were hiding in plain sight – they weren’t really trying to do this in total secrecy. And, let’s not forget many of the operatives who carry out these kinds of actions are considered disposable and replaceable.

The second kind are those where the killers simply don’t care one way or the other what anyone else knows or thinks (as in most of the missile attacks by Israel on the compounds of Hamas leaders within Gaza or the 2002 killing of Qaed Senyan al-Harthi by a remote-controlled USAF drone in the Yemen). The third kind are those that are not meant to be seen as a killing, but are disguised as accidents – in most of those cases, we will never know: conspiracy theories swirl around many such suspicious events, and this fog of unknowing only helps further disguise those probably quite small number of truly fake accidents and discredits their investigation. One could argue that such secret killings may be affected by widespread surveillance, but those involved in such cases are far more careful and more likely to use methods to leverage or get around conventional surveillance techniques.

Then of course, there is the fact that the techniques of assassination are becoming more high-tech and powerful too. The use of remote-control drones as in the al-Harthi case is now commonplace for the US military in Afghanistan and Pakistan, indeed the CIA chief, Leon Panetta, last year described UAVs as “the only game in town for stopping Al-Qaeda.” And now there are many more nations equipping themselves with UAVs – which, of course, can be both surveillance devices and weapons platforms. Just the other day, Israel announced the world’s largest drone – the Eltan from Heron Industries, which can apparently fly for 20 hours non-stop. India has already agreed to buy drones from the same company. And, even local police forces in many cities are now investing in micro-UAVs (MAVs): there’s plenty of potential for such devices to be weaponized – and modelled after (or disguised as) birds or animals too.

Finally, assassinations were not that common anyway, so it’s hard to see any statistically significant downward trends. If anything, if one considers many of the uses of drones and precision-targeted missile strikes on the leaders of terrorist and rebel groups as ‘assassinations’, then they may be increasing in number rather than declining, albeit more confined to those with wealth and resources…

(Thanks to Aaron Martin for pointing me to The Washington Post article)

Moscow cops watch pre-recorded video footage

The police in the Russian capital have admitted that their police officers in several districts were watching pre-recorded video footage in place of live streaming surveillance pictures for an undetermined proportion of the five months from May to September last year, according to RT. It seems that the private company subcontracted to maintain the system, StroyMontageService, was defrauding the police of the equivalent of over a million dollars by recycling footage and not actually servicing the city’s video surveillance system.

Several questions are raised immediately here. Firstly, how closely were police actually watching if they didn’t even notice that they were watching recorded footage (surely the time-codes would have been wrong?); secondly, if the codes had been changed, how would there have been any way of them knowing, unless and until a major live situation was quite clearly not visible? Thirdly, how frequent is this kind of either deliberate fraud by subcontractor elsewhere, and indeed how common are simple errors that might lead to the same outcome? And finally, did this lack of live video feed make any difference to Moscow’s crime rate or clear-up rate. If they took five months to notice, it does rather suggest that video surveillance plays little role in either…

Private Sector Data Losses

People often concentrate rather too much on abuses by the state of personal data. But private sector organisations are certainly no better. One key example was made public this week, when the new UK Information Commissioner, Christopher Graham, announced that he would be prosecuting a major mobile phone company (he is not saying which one yet*) for selling personal information which it held on customers. The trade in personal information is a very difficult thing to regulate: telecoms companies will deny up front that they ever do anything like this, but yet we know it happens frequently in every jurisdiction, in both management-sanctioned and illicit forms; and practically, of course, once the information is ‘out there’, it cannot be recalled. So, no-one should feel safe just because they have ticked (or unticked) that little box under all that often indeciferable text about what a company might do with your data. I hope that whatever firm this is, it gets hits where it will hurt most, on its bottom line.

*Update: T-Mobile have now confirmed that they are the company responsible.

UK police still adding innocent people’s DNA to database

 

Research in the UK has shown that police forces in Britain are continuing to add the DNA – and incidentally the fingerprints, although this is never mentioned – of innocent people to the DNA database despite the European Court of Human Rights ruling that it was illegal (and the government’s promise to accept the ruling). According to The Guardian newspaper today, 90,000 innocent people have been added to the National DNA database (NDNAD) since a the court ruling and the Association of Chief Police Officers (ACPO) – incidentally, a private organisation – is still telling chief constables to continue with this collection. On the other hand the process of removing individual profiles has been painfully slow: only 611 DNA profiles of innocent people have been removed, and all as a result of individual challenges in court. It seems that the police are determined to drag their feet as long as possible and, in fact, break the law quite openly. Hardly a good example…

Bizarre happenings in Rio de Janeiro

My collaborator, Paola Barreto Leblanc writes to me “Something really bizarre happened this week. In a public street in Rio’s center CCTVs from some buildings and a Bank – private circuits – caught a criminal action led by police officers [Policia Militar – PM, or Military Police, in fact]. Instead of helping a victim of an attack they rob the robbers!” The news story is available on youtube:

The thing that adds an extra layer of particularly bleak humour to this nasty event is that the name of the PM officer involved is capitão Bizarro (Captain Bizarre)… however, the really sad fact about the whole incident is that the victim was prominent social justice activist and founder of the internationally-renowned favela music group AfroReggae, Evandro João da Silva. He did a lot more good for the city and for the improvement of the lives of the urban poor than any gang-members or police officers ever did and he will be sorely missed. The PM chief, Mário Sérgio Duarte, who we interviewed back in April, is once again in the papers and on TV, apologizing. I noted at the time that Colonel Duarte seemed ‘profoundly indifferent’ to CCTV – I wonder if he will change his mind now and in what direction…

As Paola also writes to me, the nexus of CCTV in Rio is an intensely confusing one, mixing drug-gangs, corrupt police, the media, who like anywhere else seem to be living off the images from CCTV cameras without much in the way of respect for the victims. We are now starting to work together on a paper on these developments.

Would Canadians be “safer with a camera on every corner”?

I haven’t got very involved with Canadian debates on surveillance yet (but don’t worry, I will!). However a comment piece in Thursday’s Globe and Mail, which demanded that Canadian cities install ubiquitous video surveillance, prompted me to pen an immediate letter, which was signed by both Professor David Lyon and myself. It was published today, slightly edited – the full version is below. (They also decided to edit out our respective titles, which makes me look senior to Professor Lyon. Oops.)

“Marcus Gee writes that “We’d be safer with a camera on every corner” (Comment, May 22nd, p.15). If only this were true. However it simply is not the case.

Mr Gee quotes the UK as an example of where video surveillance is effective, but this is not supported by the crime figures in the UK or by academic research. The most comprehensive evaluation of all studies done of the effects of CCTV on crime (by the Campbell Collaboration, 2009) concluded that it had little or not effect on the occurrence of violent crimes like the disgraceful murder of Christopher Skinner, which prompted Mr Gee to write. Even the limited British police assessment of CCTV conducted by the Association of Chief Police Officers (ACPO) in 2008, admitted this was the case.

It is easy to demand that ‘something must be done’ as a response to any particular incident of violent crime, and CCTV is the currently fashionable ‘something.’ But let us get beyond the superficial and look at the evidence. Then we could have a proper debate about CCTV.”

Surveillance cameras in the favelas (4): more from the other side

The mainstream Bazilian media outlet, O Globo, is reporting that Fabiano Atanázio da Silva (AKA ‘FB’ or ‘Urubu’), allegedly a leader of the Amigos dos Amigos (‘Friends of Friends’) on Morro de Macaros, who recently tried  to take control of the neighbouring favela, Morro São João, resulting in many deaths and even bringing down a police helicopter, had also installed a video surveillance system in his favela, which monitored the entrances of the favela and watched the movements of police and residents. So, it seems that it is clearly the traficante gangs who were first to install CCTV in the favelas of Rio for the purposes of helping to maintain a violent authority over the local area. The form of surveillance is what Bruno Latour perceptively called ‘oligoptic’ – a spatially limited vision but one which is very powerful within its limits. And of course, given the massive extent of private security and both legal and illegal surveillance equipment available in Brazil, it’s hardly surprising that gangs with disposable cash would invest in security like this. However, what is particularly interesting is that by doing the same thing and installing a video surveillance system in Santa Marta against the wishes of the local community, the military police are seen as effectively operating like a gang. This isn’t such a startling statement and was one which was quite frequently put to us by community representatives who we interviewed in the favelas of Rio earlier this year.

(thanks, again, to the invaluable Paola Barreto Leblanc for the information).