human rights – Page 7

In Morro dos Prazeres: little ants changing the anthill?

One of our most interesting visits last week was to the favela of Morro dos Prazeres, north-west of Santa Teresa. Prazeres has one of the most astonishing views of Rio of any neighbourhood, with an almost 360 degree panorama of the city, it’s perspective to the south only interupted by the statue of Christ the Redeemer, which is hardly a bad view in itself! You might think that the last thing that favelados would care about was the view but they are well aware of the beauty of their location – the assumption that the poor an desperate would not care about such things is a rather patronising misconception. Elisa, the leader of the community association, at least, seems most proud of this asset and says that like many people she wouldn’t want to live anywhere else even if she won the lottery!

But Prazeres does have serious problems. For a start, it is a ‘hot’ favela, occupied by drug traffickers, who control ‘law and order’ in the place. There is therefore no ongoing police presence, although as with many such communities, the community association does have a relationship of sorts with local military police commanders through organised coffee mornings at which problems are discussed. Luckily, despite or because of the almost complete control of a particular gang which is well integrated into the community (i.e.: they are relatives of the more law-abiding members), there are not many problems with violence and the police, ‘thank God’ (says Elisa), have not raided the favela recently, as they have many others.

In fact, as we were visiting Prazeres, as the taxi driver rather anxiously pointed out as he dropped us a safe distance away, BOPE (military police special operations) were ‘invading’ two other favelas next to it, the very hot Morro de Correoa, and Sao Carlos. The operations left eight dead, and we think what we had assumed initially were fireworks was probably the sound of small arms fire in the Sao Carlos operation. However, when we asked a PM at a nearby police post whether Prazeres was safe to enter, he seemed rather blase and relaxed about the whole thing…

Elisa was another very impressive woman. In the absence of men – who, in the favelas are in many cases, either involved in the gangs, working outside, or unemployed and alcoholic – it seems that a whole generation of strong, courageous women has emerged to try to develop their communities from the bottom up. In the past they have benefited from various attempts by previous mayors to provide development for the favelas. Unlike some places, Prazeres does not have a school built during the regimes of populist left-wing Governor, Leonel Brizola (who seems to be fondly recalled in by almost all those we have talked to in the poorer communities). However there was a lot of intervention as part of the Favela Bairro (Favela Community) program of former Mayor, Cesar Maia, and it is this normalisation or the favelas through infrastructure, social and economic development, education, health and social services that Elisa said are the only long-term solution to the problems of Prazeres. The creche in particular is a source of continual delight to her, and her face lit up whenever it is mentioned.

With social development and education, Elisa argued, eventually the ‘cold’ and uncaring gangs will recruit fewer kids, and they will wither slowly away. Confrontation however, only strengthens them by driving more young people to support the ‘insider’ traffickers against the ‘outsider’ police. They must, she said, work like little ants, with lots of small efforts adding up together to long-term success… then perhaps the anthill of Prazeres will function as a normal community.

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.

Massive British Local Government Spying

Details obtained under the Freedom of Information Act have revealed the extent of the use of the Regulation of Investigatory Powers Act (RIPA) 2000 by Britain’s 182 Local Authorities. The Act has apparently been used to authorise surveillance on over 10,000 occasions for monitoring acts that are mostly trivial. Only 9% of these resulted in any kind of prosecution or enforcement action. This, to me, indicates massive abuse of surveillance by local governments, and they must be controlled. Almost everyone thinks this now, and the government is currently conducting a review of RIPA (due the embarrassment caused by the constant stream of revelations).

This doesn’t go far enough. RIPA is simply bad legislation that was justified in parliament by reference to crime and terrorism. It is poorly overseen and its Tribunal for complaints – yes, there is one, not that anyone knows – is practically invisible. It should be repealed and a more carefully thought out law on the use of surveillance by public bodies with proper provision for judicial oversight, public accountability and post-legislative scrutiny should be introduced.

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?

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.

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…

A quarter of UK databases break privacy laws

This is massively important because it is based not simply on a financial, political or even an ethical position, but on the database projects’ respect for existing law. They are simply illegal…

A new report for the Joseph Rowntree Reform Trust by a very credible largely Foundation for Information Policy Research (FIPR) team that combines engineers, lawyers, software developers, and political scientists, has concluded that a quarter of the UK public-sector databases are illegal under human rights or data protection law. It also looks at UK involvement in some European database projects and finds all of them questionable too.

The report rates the 46 databases on a traffic light system – green, amber, red – and argues that those rated ‘red’, in particular the National Identity Register and the Communications Database, and are simply unreformable and should be scrapped. This is massively important because it is based not simply on a financial, political or even an ethical position, but on the database projects’ respect for existing law. They are simply illegal, and not just massively expensive, morally questionable or politically undesirable. In fact, a quarter of all the databases were found to contravene the law and more than half were ‘problematic’ (i.e. open to challenge in court) . All of those rated ‘amber’ (29 databases) the authors argue, should be subject to independent review.

There are a number of other major recommendations, including the reassertion of the necessity and proportionality tests contained in DP law, citizens should anonymous rights to access data, more open procurement of systems, and better training processes for civil servants. The most important and radical measures proposed, and entirely correctly in my view, are those concerning the location of data and the whole nature of UK IT development. For the former, the report recommends that the default location for sensitive personal data should be local, with national systems kept to a minimum – this appears to be rather like the ‘information clearing house’ system as opposed to central databases, that we proposed in our Report on the Surveillance Society, but better worded and justified! In the latter case, the authors simply note that fewer than 30% of government IT projects succeed at a cost of 16Bn GBP per annum and that there should never be a general and aimless government IT program, rather there should only ever be specific projects for clearly defined and justified (proportional and necessary) aims.

It is an excellent report and probably unanswerable in its logic. Tellingly, The Guardian report contains no response from any government minister…

EU to EULA if UK is OK

It is a kind of digital enclosure, an attempt to impose on the Internet the same kind of removal of common rights that the British ruling classes imposed on the land from the Seventeenth Century onwards…

I have just completed an article on the UK as a ‘bad example’ to the rest of Europe, and lo and behold another piece of regressive, repressive idiocy by the British government appears. It seems that the UK is trying to amend the proposed EU-wide Telecommunications package to destroy the principle of net neutrality. Their proposals will “remove the principle of users’ rights to access and distribute Internet content and services”, and replace it with “a ‘principle’ that users can be told not only the conditions for access, but also the conditions for the use of applications and services.”

In other words, they want to make the entire Internet work by End-User Licensing Agreements (EULAs) rather than the general principle of end-to-end connectivity. It is a kind of digital enclosure, an attempt to impose on the Internet the same kind of removal of common rights that the British ruling classes imposed on the land from the Seventeenth Century onwards. There is nothing about the Internet Age about this, indeed it is pre-industrial – it is pure justification of the same powerful economic interests that the British state has always represented. And, as the original report points out, this is particularly bitter because both the British (OFCOM-originated) amendments and their duplicate Czech mini-me amendments have a lot of their substantive justitifications cut’n’pasted wholesale from Wikipedia!

Like the thieves who stole our land, they are utterly shameless.

(I think I originally saw this in BoingBoing, and sorry for not linking it, but it keeps crashing my little computer right now…)

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.

UK police spying on activists… again

The Met are unlikely to care. They are not generally known for their respect for the political rights of British citizens…

The Guardian has posted another worrying story (and an interesting video) on the routine police surveillance of environmental activists, most of whom have no connection to any criminal behaviour. The Metropolitan police, who have always been in the forefront of efforts to try to portray political activists as actual or potential criminals, is collecting storing and sharing information, including many private personal details, on activists using Crimint, the national criminal intelligence system. The data includes activists “seen on a regular basis” as well as less frequent activists, regardless of arrests or convictions, their names, political associations and photographs. This information is being shared between police forces to build up more complete portraits of political activity nationwide.

The human rights group, Liberty, is challenging this data collection and sharing on the grounds that it breaches Article 8 of the European Convention on Human Rights. My view is that it almost certainly does, and that the Met are unlikely to care. They are not generally known for their respect for the political rights of British citizens indeed one of their original purposes was to crack down on political dissent back in the Nineteenth Century and they have always maintained this role. They operate the National Extremism Tactical Coordination Unit (NETCU) which is also involve in spreading disinformation on political activists and their HQ at New Scotland Yard will apparently host the new privately-run ACPO Confidential Intelligence Unit (CIU).

I have had my own personal experience of the Met’s way of dealing with activists and it is certainly not in any way respectful of anyone’s rights. It urgently needs to be brought under some proper control and accountability, and hopefully being found guilty of breaching Article 8 of the ECHR, if it happens, will be a good start.

‘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.

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.