civil liberties – Page 7

‘Blacklisting’ firm shut down by ICO

For some time, I’ve been concerned about the little-discussed practice of ‘blacklisting’, the creation and sale of databases of workers thought to be troublemakers, radicals or union activists. Last year, I noted the failed attempt by the British government to legitimise this activity with the creation of the National Dismissal Register, and connected this to earlier surveillance of workers through the Economic League. See this more recent post where I summarised the story in a slightly different context.

But the Economic League, set up after WW1 and finally closed in 1993, had several offshoots. Now, as reported in most of the British press, one of them has been closed down by the UK Information Commissioner’s Office (ICO). ‘The Consulting Association’, a firm based in Droitwich, Worcestershire had apparently been operating for 15 years selling confidential information on construction workers to all the major building companies. According to the BBC, 3,213 workers’ names were contained on the list and were categorised by political affiliations and union activity etc.

Not surprisingly the firm was owned and run by one Ian Kerr, who was previously involved in the Economic League and who still seems to think he was doing nothing wrong, despite his past, and despite the fact that he had previously denied even the existence of this database. But he, along with all the clients named by the report, including Amec, Taylor Woodrow, Laing O’Rourke and Balfour Beatty and many others – there is a full list on the Guardian site – were breaking the Data Protection Act by illegally keeping and trading in personal information. We’ll see whether the big building firms get away with it; most likely they will simply claim that that they didn’t know the data was illegally acquired and traded.

Given the recent history of the National Dismissal Register to set up databases of troublesome workers, it is particularly ironic that minister, Peter Mandelson, is quoted as applauding this action by the ICO in the various reports.

Protecting yourself from surveillance

The Electronic Frontier Foundation (EFF) and the Open Society Initiative have created the very useful ‘Surveillance Self-Defense’ (SSD) site. Although the SSD is aimed at US citizens and the legal aspects are therefore more relevant to those living in the States, the general advice and information on risk management and defensive technologies is all worth reading for anyone who uses a computer anywhere in the world.

Essentially this is a kind of care and maintenance of your ‘data double’ concept, which is one response to the growth of surveillance. Of course no-one should think that this kind of ‘personal information economy’ approach is enough and the EFF certainly don’t. There is in any case a general effect that could emerge from this kind of action should large numbers of people start taking the advice of EFF: mass surveillance effectively becomes more difficult, more expensive and less worthwhile. However, things like SSD cannot be a substitute for political action to curb the powers of state and private sector to monitor us and reduce individual liberties and dignity.

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.

How many cameras are there in Britain? (2)

Well, Aaronovitch’s piece came out. It’s not even as interesting as I had thought it would be, and my account yesterday says all that needs to be said in response, except to note that he even managed to get my surname wrong and that of the character in Clive’s book, which is more than ironic for an attack on inaccuracy! Journalists, eh? Gotta love ’em…

To be fair to The Times, it has been getting better recently on this issue, and they carried a very good interview with the Information Commissioner, Richard Thomas, last week, which was in marked contrast to their sniping at him a few years ago. It also shows a depth of understanding and the political maturity needed to recognise what is important in the debate on surveillance.

How many cameras are there in Britain?

The truth is that no-one knows exactly how many cameras there are in Britain or indeed in any country in the world

I’ve been having an interesting little private exchange with a David Aaronovitch of The Times newspaper, who seems to think he has uncovered a terrible conspiracy… and I think I am about to be accused (tomorrow) of being ‘cavalier’ with the truth and of misleading the public. Interestingly enough this is going to be in the same newspaper that was the only one that tried to rubbish the Information Commissioner back in 2006 when we published our Report on the Surveillance Society and indeed were actively lobbying against his reappointment. I suppose someone has to argue the establishment case…

What David has been e-mailing me about is the validity of figures concerning the number of CCTV cameras in Britain that journalists have been happily spreading about for the last ten years. These figures are the ‘4.2million CCTV cameras in Britain’, and the ‘person can be captured on 300 different cameras in a day.’ He seems to think that it is an urgent matter of national importance if these old figures aren’t ‘accurate’ or apply to the average person. Well, they were and are purely indicative – they aren’t ‘accurate’ and never were, and the latter one doesn’t apply to a typical Briton and neither Clive Norris, whose figures they are, nor myself, nor any other credible surveillance studies academic that I know, has ever claimed that they are and do.

The first figure derives from what Professor Norris openly described as a ‘guesstimate’ in his working paper with Mike McCahill on CCTV in London that was done for the EU’s UrbanEye project. Based on a casual count of cameras in one small neighbourhood in London in around 2000 (not the City of London where cameras were much more concentrated even then) it aimed to get a very loose handle on the scale of the spread of CCTV in Britain. The police at the time claimed that the real figure was in hundreds of thousands, but they were only talking about public cameras, and they had just as little idea of the extent of CCTV.

The other figure that of 300 cameras a day came from a little fictional vignette that Professor Norris and Dr Gary Armstrong wrote for their book, The Maximum Surveillance Society, which came out back in 1999. It was simply designed to illustrate how many cameras a person could possibly be caught be in any one day. I was thinking it would actually be very hard for this to be that likely even now, except perhaps in the very core of global cities like London, but then there are over 300 cameras on the university campus where I am currently, and I haven’t even started on all the private cameras, the public cameras in the city, the traffic cameras, the cameras in the buses, banks, shops, cafes, restaurants, bars, in the hotel etc. etc. I would estimate that I am caught by around 100 cameras when I am out and about here and this isn’t even a city that considers itself to be particularly ‘under surveillance.’

The truth is that no-one knows exactly how many cameras there are in Britain or indeed in any country in the world. We deliberately used words like ‘may’ or ‘can be’ in reference to these figures in our Report on the Surveillance Society because they are so rough, so inaccurate – and we were quite clear that this was not in any case a report about CCTV; if anything we tried to downplay CCTV and get to other technologies and techniques, such as dataveillance and RFID, and more importantly the way connections and links are being made, and boundaries blurred. ‘Millions’ may be about as accurate as we can guess for the UK. But does it matter if there are 1 million, 4.2 million or 10 million? Not hugely. It matters as one crude indicator of a surveillance society, but even then, the number of cameras is a very crude measure and more cameras does not necessarily mean more comprehensive coverage or better pictures, or more ‘control’. For example, would it be worse or better if I was only seen by one camera in a day, but that camera was there all the time and I was constantly being assessed on my performance (as for example is the case with many workers in call centres)? The Guardian today seems to understand this – in its report on the high-tech control room in Westminster, it clearly states that ‘no-one knows’ how many cameras there are (before quoting some even more made-up figure than ours!).

I know the media likes its easy numbers, but an old saying about not being able to see the wood for the trees comes to mind… As a researcher, I am more interested in characteristics of the wood than the specific number of trees. Now if there were no trees at all or very few, that would matter. And in my current comparative project it has some importance as one of the many indicators of what constitutes a surveillance society that I am looking into. So in a couple of year’s time I may have more of an idea of from any cameras there really are in Britain. One of the things I am trying to do during my current project is develop better ways of assessing ‘how much surveillance’ there is, and what it means. Because that is the important issue – meaning. Does it matter if there were 1/6 or 1/7 or 1/8 of the population of the former East Germany who were recruited as informers? You’ll find all those as educated guesses in the literature. What matters was that there was a culture of informing that pervaded every action. It was a society that became increasingly based on deception and distrust.

The key questions with CCTV are:

first of all, why are there any cameras, and particular any cameras in public space, at all? Surely there was a line crossed when the first use of CCTV occurred. What was the reasoning?
why did CCTV spread so quickly to so many places, and was so little contested?
why is CCTV now considered so ‘normal’ in Britain?
connected to this, why do the myths of CCTV’s effectiveness continue to be spread when all of the evidence shows a small and very limited impact on crime?
what kind of a society does pervasive CCTV create? what are the social effects? what kind of social and cultural responses are there?

etc.

Unfortunately the media doesn’t seem to like depth or uncertainty. Maybe that was our real mistake – to overestimate the intelligence of the media. I have asked them for a right of reply – I am more than happy to debate the issue in public. Let’s see if that happens…

Convention on Modern Liberty

The largest ever British meeting of people against the surveillance society took place in London yesterday. The Convention on Modern Liberty site has (unedited) transcripts of some of the speeches an debates including author, Phillip Pullman’s excellent keynote. The Guardian/Observer website also has a strongly supportive report and there is an editorial in the The Observer, which argues that “whether by complacency, arrogance or cynical design, the government has erected an edifice of legal constraint to liberty that would suit the methods and aims of a despot.”

It was a shame that I couldn’t be there but I like to think I played some small part in the process that has led here, and will hopefully this campaign will continue to go on to forcing a retreat by the state from its illiberal course. This meeting is merely the beginning of the convention…

Surveillance in the UK and the USA: commonalities and differences

In one of those fortuitous instances of synchronicity, there are two stories today that illustrate some of both the commonalities and the differences between state surveillance practices and regulation in the UK and the USA.

In the UK, The Guardian has revealed that the Surveillance Commissioner (a separate office to the Information Commissioner) has been very critical behind the scenes, as the Lords Committee was in public, of the uses to which the Regulation of Investigatory Powers Act (2000) (RIPA) has been put, not this time by local government, but by national ministries like the Department for Environment, Food and Rural Affairs (DEFRA) and agencies, including Ofcom (the broaadcast and communications regulator) and the Charities Commission. DEFRA came in for a particular telling-off over its spying on fishermen. The chief commissioner, Sir Christopher Rose found generalised lax practice, a lack of proper justification for and proportionality in the used of RIPA, and little training or accountability. In short, RIPA is being used because the powers exist not because there is any pressing justification to use surveillance in this manner – the used of surveillance has expanded because it is available.

It is very interesting that The Guardian had to discover all this through Freedom of Information Act (FOIA) requests, and that the Surveillance Commissioner had not put all of this in the public domain as a matter of course. It highlights for me, once again, the clear difference in attitude and regulatory practice between him and the open, accountable, and active Information Commissioner’s Office (ICO). It confirms my view that we would be much better off if the Surveillance Commissioner’s work was absorbed into the ICO.

In the USA, it is to lawyers that people immediately turn if some bad practice is suspected on behalf of the government. The Los Angeles Times reports that on Friday, the US government lost the case it had been bringing to try to stop an Islamic charity based in Oregon from suing them over what they claim were illegal wiretapping operations targeted at them. The case stems from the Bush administration’s attempts to bypass what were already very weak regulations governing the surveillance of American citizens which were introduced in the Foreign Intelligence Surveillance Act (1978) (FISA) and recently amended in the Protect America Act (2007). Requests are supposed to go to the Foreign Intelligence Surveillance Court (FISC) which meets in secret and does not have to publish its rulings and so far as we know, has never turned down a request – so it is somewhat mystifying except as a matter of speed and convenience that the Bush administration did bypass the court.

Now the Obama administration is (shamefully) defending the actions of his predecessor. This is not entirely surprising. Intelligence is one area of continuity between governments: it is what Peter Gill called the ‘secret state’, a core that remains constant regardless of changes of administration. Nixon and Bush were both stupid enough to get caught, but the NSA, CIA and FBI are continually looking for different ways to get around domestic regulations on surveillance. Political devices like the UKUSA agreement served this purpose for many years – whereby Canadian and British intelligence services would collect SIGINT on Americans and supply it to the NSA and vice-versa. But GCHQ and others just don’t have the capabilities to carry out the amount of monitoring that now goes on. It’s been the reality for many years now that the NSA in particular does spy on Americans. Again, they have the capabilities so those capabilities are used.

Of course, unlike in the UK, we are talking about the threat of terrorism not anglers catching one-too-many fish; that really does say something about the petty bureaucracy that characterises the UK! However RIPA was also justified originally with reference to terrorism and serious and organised crime. Anyway, the ruling in the Oregon case clearly states that state secrets privilege was not enough to justify warrantless surveillance of suspects, whatever they had allegedly done. It seems that at least is one point of hope that the USA and the UK have in common. Let’s see where these situations now lead in each country…

Brazilian church sends mixed signals on security

CNBB 2009 Campaign on 'Fraternity and Public Security'

One organisation I haven’t mentioned much since I have been in Brazil is one of the most important, influential and yet always controversial: the Catholic Church. Brazil was one of the centres of the Liberation Theology movement and these activist priests, unlike the church hierarchy in many Catholic countries, never sided with the dictatorships. Liberation Theology remains a major influence and movement within the Brazilian church and it is no surprise to see the fraternal organisation of the Conferência Nacional dos Bispos do Brasil (National Conference of Bishops of Brazil or CNBB) taking their campaign theme for this year as Public Security.

However, at the same time, the Church in Brazil seems to be clamping down on dissent and on those priests who are too outspoken on behalf of the poor and the victims of violence and insecurity. Today, the BBC is reporting that Father Luiz Couto, who is from the north-east and a colleague of President Lula (he’s a Workers’ Party federal deputy), has been suspended by the Church for advocating the use of condoms for public health and having a liberal attitude to gay rights.

Couto has however also been for many years a serious campaigner against unofficial ‘death squads’ and Autodefesas Communitárias. It seems to be at the very least bad timing by the church to suspend him just after announcing their year of campaigning on public security. He has my support and my sympathy. The Church needs to live up to what the CNBB are proposing this year and focus more on the realities of the big social questions that bedevil Brazil and not shoot themselves in the foot by suspending their best members over what should be matters of opinion on personal morality.

Australia gives up net censorship plan

Some good news for once. The Sydney Morning Herald reports that the heinous plans that the Australian government had for surveilling and censoring the Internet have been iced. The plans would have introduced mandatory filtering of the Internet in Australia despite the technical impossibility and political and ethical objections. The fight over these proposals had been vicious with opponents even receiving death threats, but the side of both sense and liberty appears to have won an important victory.

Now, let’s see if similar good sense will prevail in other countries which are advocating similar, if not quite as extreme, China-style net-disabling proposals like the UK and Brazil…

(Thanks to bOINGbOING who’ve been keeping us up to date on this one)

Surveillance to be ‘hardwired’ into British culture?

Labour simply needs to admit that it has been wrong on this and to develop some more credible plans which recognises that real security protects liberties rather than undermining them in the name of security.

Richard Thomas is no longer a lone voice in the top echelons of the British state against the growing culture of surveillance, but he remains the most persistent and hard-hitting critic, not least because of he makes the best possible use of his position as UK Information Commissioner when most government watchdogs are largely toothless.

Now in an interview in The Times newspaper, he has renewed his attack on the government’s data-sharing and surveillance proposals,arguing that we risk “hardwiring surveillance” into the British way of life. He has clearly fully absorbed the report we wrote for him back in 2006, in which we warned of the possibility of a ‘technological lock-in’ and is building on it in a serious and creative way.

Thomas is clear in the interview that government plans are ‘excessive’ and so much so that they ‘risked undermining democracy’. With Thomas now joined in his stance by eminent critics like the House of Lords Constitution Committee, former MI5 chief, Stella Rimington and most recently, former far-from-liberal Home Secretary, David Blunkett, as well as just about all media and academic opinion, it seems difficult to see how the government can continue to claim that its plans are in any way credible. Labour is now obviously isolated, unpopular and wrong on surveillance. This needs more than token gestures like the resignation of the Home Secretary, Jacqui Smith (she has other reasons why she should resign anyway), it needs some real soul-searching and a complete reconsideration of the direction in which the government is heading. Labour simply needs to admit that it has been wrong on this and to develop some more credible plans which recognise that real security protects liberties rather than undermining them in the name of security.