Category: Rights

Oxford taxi cabs will record your every word…

Just when you thought that having just about your every move recorded in the UK was bad enough, Oxford City Council, which runs the city I once called home, has decided that all taxi cabs in the city will record both sound and vision, and these records will be kept for up to 28 days, just in case.

People often ask me ‘where do you draw the line?’. Well, you absolutely draw the line at recording private conversations without a specific justification. Generalized audio surveillance is not just a step over the line, it leaps over the line, lands far beyond it and keeps running.

This is just wrong. No qualification.

It seems that despite having got rid of one government with authoritarian surveillance tendencies, the same impulses are alive and well in local government in Britain. Perhaps the councillors who voted for this would first like to have audio surveillance in their offices, cars and houses, you know: just in case…

GPS tracking goes mainstream

There is increasing evidence that US police forces are now using GPS tracking devices regularly and with impunity. Following court rulings at different levels which have left the legal situation unclear with only the Supreme Court left (this coming week), police forces across the country have been slapping GPS trackers on thousands of private vehicles, without warrants, and until recently, without the knowledge of those being tracked.

However, Wired‘s Threat Level blog has been reporting on the growing numbers of cases of Americans who have discovered GPS trackers on their cars, and in one particularly bizarre case, a device that was replaced by undercover officers while the Wired reporters were in the vicinity, having just removed and photographed the original device!

There are many pictures and manufacturers’ detail on Threat Level. Here are a couple…

GPS tracker in place:

GPS tracker disassembled showing souped-up longlife battery, including manufacturer’s details:

One of the more perplexing things about the use of these devices is what recourse the US citizen has when they discover them. If they are placed ‘legally’, do you have the right to remove or indeed to disassemble them? What would be done if they are removed? The experience of Wired would suggest that the device would be replaced, but how many times could this go on? At what point would the state take some kind of legal action to attempt to prevent the removal of a device? In the case of location tracking devices that are known about but unable to be legally removed, surely you have a situation that becomes equivalent not to simple (if it is even simple) unwarranted surveillance, but to electronic tagging.

Unlawful Access

The campaign video a lot of us were involved in, to raise awareness of the dangers to Canadian communication rights posed by potential new ‘lawful access’ legislation, is now out. Lawful Access legislation was proposed last year but came up against the time limit of the election. It was then proposed to be included in the new Omnibus Crime Bill, C-51, but was split from this and is now likely either to be introduced separately, or attached stealthily to another bill. It isn’t going to go away…

Watch, learn, act…

Please also sign the petition, and there are also further resources and news here, here and here.

Who gets Freedom of Information?

UK transparency campaigner, Heather Brooke, writes a comment piece on The Guardian website today on why she believes that UK university cancer researchers should have to give up information to transnational tobacco giant, Philip Morris. The basis for the argument is that Freedom of Information law should apply regardless of who the applicant is.

I generally admire Heather’s single-minded work on FoI, but single-mindedness is not always a virtue, and can sometimes lead to overly extreme conclusions which lack a broader understanding of the political economics involved. As in this case. As a researcher and analyst rather than a campaigner, I can see that there are three important counter-arguments to her piece:

1. Corporations are not people. There is a serious and ongoing battle here. Although legal incorporation means companies are often considered as legal people, we should not start to think of them as having ‘rights’ like individuals, not should rights that come from citizenship or by being an individual voter apply to them. Recently, the US supreme court rejected the argument of a large telecoms company that it had privacy rights. The worrying thing is that several lower courts had accepted that it could have such rights. Rather than providing corporations with more equivalences to human rights, we need to be holding corporations to account.  This brings me to…

2. The really important issue with large private companies and FoI is why those large private companies are not subject to the same kind of transparency. Corporate confidentiality makes no sense even in the context of liberal economic theory, however it makes even less sense if we think about FoI as a method of accountability. Corporations are unable to be held accountable via electoral processes and the markets are too diffuse and diverse (and spread across too many different countries) to work as a mechanism of accountability, so we need law that rebalances the power imbalances between corporations on the one had, and people, individually and collectively, on the other – through transparency. That is, after all, what is its main point when it comes to state transparency and FoI; it’s not really about ‘value for the tax payer’, it’s about power.

3. On that note, FoI is being increasingly used against academics and activists in particular as a form of intimidation by corporate interests. This is not to say that academics and activists should not be accountable, but it is not the case that all parties here of on a level playing field, and further, mechanisms of accountability are themselves not simply neutral or unequivocally always a good thing because of what they are supposed to do. Law has to embed intention, and be interpretable by the courts, in a way that clearly differentiates between legitimate use (for people holding organisations to account), poor excuses (as in the state claiming expense or lack of time as reasons for not releasing information), and blatant misuse of the law for purposes for which it was not intended. If it does not, it can simply become another method the intensification of organisational power against the interests of people.

Lives at stake for social media users

Al-Jazeera is carrying an excellent piece from the Electronic Frontier Foundation reminding social media network owners and regulators in their home countries that lives could be at stake because of the choices they make about security, privacy and anonymity.

Countries like Syria and Iran are purusing a plethora of surveillance and disruption tactics to identity and frustrate activists using social media to organise against their oppressive regimes, and the responses of the networks could be vital. This is something that Google in particular does not appear to have appreciated at all in its current insistance on ‘real indentities’ being the basis for all networking on Google+. Its attitude makes a very naive and dangerous assumption about the nature of states both present and future.

Guess who likes the UK’s proposals to control the Internet?

In the wake of the riots, several British Conservative MPs, and indeed PM David Cameron himself, have suggested a harsher regime of state control of both messenger services and social networks. Their suggestions have attracted widespread derision from almost everybody who either knows something about the Internet and communications more broadly, or who places any value on freedom of speech, assembly and communication and regards these things as foundational to any democratic society.

However, the a yet vague proposals have gained support from one quarter: China. The Chinese state-controlled media have suggested that the Conservative Party’s undemocratic suggestions prove that the Chinese state was right all along about controlling the Internet and that now these events are causing liberal democracies to support the Chinese model of highly regulated provision (via Boing Boing).

This is pretty much what I have been suggesting is happening for the last 2 or 3 years – see here, here, here and here. It is just that now, the pretense of democratic communication is being dropped by western governments. And just in case David Cameron doesn’t get it – and he really does not appear to right now, no, it is not a good thing that the Chinese government likes your ideas: it makes you look undemocratic and authoritarian.

David Cameron doesn’t get it

David Cameron’s speech in the House of Commons today and associated comments, show that he has a really superficial grasp of what has been going on in British cities, mostly whilst he was on holiday and unwilling to return to demonstrate any kind of leadership.

First of all, he’s done the usual knee-jerk authoritarian and technophobic thing of blaming Blackberry and other messaging services. He has indicated that “Ministers would work with the police and MI5 to assess whether it would be right to stop people communicating via social network sites ‘when we know they are plotting violence, disorder and criminality’, and had “asked the police if they needed new powers in this area”. When the Egyptian government cut off access to social networking sites recently, western governments were quick to condemn this as evidence that this regime was exactly the kind of authoritarian government that should be brought down. However, in Britain, apparently not. And closing down communications systems just because some people are using them to send messages you don’t like is several steps beyond things like wiretapping. It is a massive and idiotic overreaction. Let’s hope the ‘assessment’ is, in the end, more considered…

Another face-palming moment was provided by the appeal to US experts in gang culture. Now, no-one is going to deny that there were gangs involved in this, nor that gang culture is an issue in British cities. But, first of all, the US is no place to look if you want lessons on controlling gangs, or more importantly, how to create a society in which gangs seem like a less attractive option in the first place. And secondly, there is an assumption that UK gang culture is just like US gang culture, just because they are both gang cultures. Why not look instead to other European countries without significant gang problems and ask what it is about those societies that work? Unfortunately that is the kind of question that would lead to fundamental challenges to UK socio-economic policy, and that’s exactly why the questions and responses will remain superficial.

These kinds of things will annoy the libertarian right and the left respectively, however at the same time, the UK Prime Minister is taking some strange stances that threaten to alienate his own centre-right supporters, in particular in refusing to halt cuts to policing budgets already proposed as part of his austerity measures (never mind massive cuts to social services to inner city youth, which will also be pushed ahead regardless).

It’s hard to see who remains that he is appealing to here…

Will the Global South overtake the North in transparency?

At a time when liberal democracies in the Global North seem increasingly paranoid and cutting down both on personal freedoms and government accountability, could nations from the Global South seize the moment to become the new pace-setters on open government?

There are plenty of good examples from Latin American, but it’s in Africa that the real changes are occurring. Yes, that’s the same Africa often stereotyped as the home of endless war, corruption, military coups and dictators. Kenya, in fact, which the pessimists were portraying as being on the brink of collapse and authoritarianism after election violence a few years ago. But now, Kenya is pushing forward with massive changes in the way its government operates with an increasing tendency towards open information and other accountability initiatives, as a Guardian story is reporting.

Cynics will argue that this is just pandering to a new urban middle class, with only 26% of Kenyans having home Internet access. However, like many countries in Africa, the communications revolution us predominantly mobile and almost 65% of Kenyans have mobile telephones and will be able to access mobile versions of the new sites.

Corporate Privacy Redux

The Supreme Court of the USA has unanimously decided (pdf) that “corporations do not have “personal privacy” for the purposes of exemption 7(C) [of The Freedom of Information Act].”

This is a welcome decision which should set back further efforts by corporate bodies to claim ‘human rights’ as a justification for avoiding their responsibilities under laws mandating transparency and accountability.

Marc Rotenberg points us to a welcome for this decision from Senator Patrick Leahy of Vermont.

Good news all round for once.