China – the ultimate surveillance state?

Most societies are surveillance societies of one kind or another and to a greater or lesser extent, but there are very few comprehensive surveillance states, i.e: nations where the government is really interested in what you are doing and thinking and has the will and the resources to find out. Iran has a pretty serious network of petty officials, informers and spies who enforce both moral and legal norms; Burma has a regime of fear and military rule; and several states, usually those with less comprehensive control, have vicious and arbitrary systems of punishment (like Sudan). However few have the combination of wealth, technological resources, a complete lack of concern for outside opinion, and state will to keep control on any moves to greater political diversity as that possessed by China.

According to a report in Xinhua today, China’s police have in the last few years installed more than 2.75 million cameras in public space, largely in urban areas, and are now moving to install cameras in rural locations too, “linked to police stations, community police service posts and farmer security guards in rural areas to establish a comprehensive security network”.

As Naomi Klein’s report last year showed, helped by willing western companies and law enforcement agencies, China is becoming a vast laboratory for surveillance and social control. The aim is a fully integrated system that can police real world and online behaviour. The ruling Communist Party, whilst opening up the economy is determined to prove, contrary to US assertions, that you can indeed have a free market system and still have complete one-party authoritarian control. And as anyone who has ever tried to have a discussion on Chinese politics with Chinese students or visiting academics, the control extends deep into the education system, with ‘normal’ patriotism preventing the development of all but the most banal of views counter to the approved picture.

It is probably sometimes worth remembering that however bad the UK or Japan or the USA or any other democratic state seems to have become in this regard, China still takes the prize for the world’s most comprehensive surveillance society.

Phorm philling

UK satirical magazine, Private Eye, this week brings the ludicrous Stop Phoul Play website to my attention. This is a corporate spin site devoted entirely to defending BT’s underhand and intrusive ‘Phorm’ online advertising technology against what it calls ‘privacy pirates’ who they claim are either being paid or pushed to damage BT.

Those listed as ‘piracy pirates’ include the excellent investigative IT journal, The Register, the Open Rights Group and the brilliant Foundation for Information Policy Research (FIPR), along with numerous bloggers and contributors to web forums. Now, it may be that some other corporations with rival technologies would like Phorm to fail, just as Microsoft probably enjoys it a great deal every time Google takes a PR hit (or vice-versa), but to suggest that everyone who make a criticism of Phorm is secretly part of some conspiracy against BT is frankly, either stupid paranoid.

And there are very good reasons for being critical of Phorm in the trojan-like manner of its operation and the way in which it has been tested without the consent of users. As Private Eye also reminds us, Phorm has landed the UK government in legal trouble with the EU. It hardly needs a conspiracy to make people justifiably annoyed.

This is one of the weirder exercises in PR I have seen, not least because its paranoia and promotion of conspiracies can only be damaging to BT. Thus it is no surprise to find that, according to the The Register, that it is the product of the fevered imagination of Patrick Robertson, whose previous clients include the lovely General Pinochet and former Tory MP and convicted liar, Jonathan Aitkin. So go take a look at Stop Phoul Play (while it still exists…) – it really is quite insane.

EU Telecommunications Directive in effect

From today, private lives in the UK will be a little less private, as EU Directive 2006/24/EC becomes part of national law.

Traffic data on e-mail, website visits and Internet telephone calls now have to be recorded and retained by Internet Service Providers (ISPs). Specifically, the Directive mandates the retention of: the source of a communication; the destination of a communication; the date, time and duration of a communication; the type of communication; the type and identity of the communication device; and the location of mobile communication equipment.

This is coming into force despite the fact that many countries and ISPs still object to the directive. It has to be said that many ISPs are objecting on grounds of cost rather than any ethical reason. German courts are yet to determine the constitutionality of the directive and Sweden is not going to implement it at all.

As with many of these kinds of laws, it was rushed through on a wave of emotion after a particular ‘trigger event’ – in this case, the 7/7 bombings in London in 2005. There was a whole lot of devious practice in the Council of Ministers to get it passed too – if the Directive had been considered as a policing and security matter, it would still have needed unanimity, which means that the objections of Germany and Sweden would have vetoed the Directive. Instead, it was reclassified as ‘commercial’ on the grounds that it was about the regulation of corporations, and commerical matters need only a majority vote. How convenient…

The Home Office in Britain says our rights are safe because of RIPA, which is hardly cause for rejoicing. My main concerns, apart from the fact that this is yet another moment in the gradual erosion of private life, are that:

1. police access will rapidly become routine rather than specific, and this could be extended to many other public authorities – the original drafts of the Communications Bill would have extended the right of access to such data to all RIPA-empowered organisations (which includes most public authorities);

2. the data will be used illicitly by ISP employees for criminal purposes (remember that most identity thefts are inside jobs) – the records will be a blackmailers delight;

3. there will more ‘losses’ of this data by ISPs and others who have access to it. Remember the accidental revelation of user data by AOL in the USA?

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…)

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.

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)

They want us to trust them…

Maybe what Jacqui Smith needs is a dose of ‘Chinese democracy’ to go with her Chinese-style attitude to security and surveillance…

In the last fortnight there have been interesting developments that have reminded us, as if we needed reminding, that those who want to infringe on the liberty of others need to be absolutely squeaky-clean themselves or risk severe censure, and that those who introduce systems which encourage suspicion and spying should not be surprised if people no longer trust them and start to investigate their activities.

The first of course was the saga of Jacqui Smith’s apartment. The basic facts are that the UK Home Secretary has been claiming £24,000 (around $35,000 US) per year in allowances for an apartment that she does not actually live in. The particular irony (and we love a bit of irony in Britain!) was that she has been reported by a neighbour – in other words she was a victim of the kind of suspicious, back-stabbing, trust-no-one society that she has been encouraging. Of course she should resign if she had any intelligence or integrity, but we already know to the cost of our civil liberties that she does not.

Funnily enough, it is to China we go to another example and one with, it seems, a rather more accountable outcome. This is almost the second time in a row that I have unfavourably compared a western country to China – this is getting rather disturbing particularly as I am no friend of the Chinese state, being a long-term Free Tibet supporter. However, Variety (of all places) is reporting that Yu Bing, who is director of the internet monitoring department of Beijing’s Public Security Bureau, and therefore a major figure in the infamous Golden Shield, and surveillance of journalists, bloggers and net democracy activists (as well as those just trying to access unapproved content), has been arrested for taking bribes from a contractor.

Admittedly it is a lot more than the sums in the Jacqui Smith case (40M Yuan, or about $5.8M US), and corruption is endemic within the Chinese state at all levels, but it does show a rather different attitude to the establishment towards top officials who fail to live up to the standards we expect of them. Maybe what Jacqui Smith needs is a dose of ‘Chinese democracy’ to go with her Chinese-style attitude to security and surveillance?

Facebook, Privacy and the follies of youth

It is hard to say anything about Facebook that hasn’t been said elsewhere. Of course, the decision to reverse its attempt to change its terms, which would have made it nigh on impossible for members to remove material they had posted, is a good one. Effectively what it would have done is made Facebook the owner of all personal data posted on the site.

The campaign against it was of course organised through Facebook groups! That in itself should have been enough to persuade Facebook’s young owners of the power and passion generated by the system they had created. But I don’t think they really do understand it, or indeed very much about the implications of what they are doing at all. I mentioned their youth. Last time Facebook got into trouble, it was because of comments made by their ‘Marketing Director’ (age: 24) at Davos, which were (apparently erroneously) taken by the press to indicate that Facebook was going to sell personal data.

Now, I know that it’s not cool and probably won’t make me popular to knock youth at a time where youth is everything (despite the fact that the word is ageing) – Fast Company last month had snowboarder Shaun White as its cover star in a story full of fawning admiration about how rich he had become by telling big companies about the youth market. But at least White seems to have his head screwed on – maybe it’s a class thing? Facebook’s owners on the other hand need to grow up a bit. They need to learn a bit more about the value of some rather old-fashioned fundamental rights, particularly privacy, and strop treating the system they have created as the personal spare-time sophomore project as which it began. I think that they just didn’t appreciate how people would view their proposals.

There is a serious issue here. Privacy is something that you only start to truly truly understand as you get older. Partly this is because your mistakes and your secrets get more serious and more potentially damaging as you get older! But, as I have said before, most of those are nobody’s business but your own and no-one benefits from forced transparency – honesty and conscience are also profoundly personal matters. It has been argued that the ‘youthfulness’ of the Net has encouraged a general carelessness with privacy. I am not sure that is entirely true, as Facebook users have shown – they care. But it’s the careless and – let’s face it – privileged youth of many of these new entrepreneurs, the fast companies, which is more concerning. Most are not success stories from the wrong side of the tracks, who have learned ‘the hard way’.

The threat of legal action from EPIC, which was preparing to take them to the Federal Trade Commission might have concentrated minds in this regard. Maybe it was just the threat itself – EPIC have a strong record in these kinds of cases and have taken down Microsoft and Doubleclick. However I would like to think that the arrogance and energy of youth might be tempered with a bit more maturity and consideration in the future. If only, as I’ve said before, because Facebook is no longer a fresh young company in Web 2.0 terms and could easily be eclipsed by the next big thing. Perhaps they can hire someone more ‘real’ like Shaun White to tell them how privacy rights and user control of information would be like, totally rad, dude…

Woah man, I am so stoked about privacy... (Shaun White, not actually advising Facebook on privacy, pictured for Fast Company)
Woah man, I am so stoked about privacy... (Shaun White, not actually advising Facebook on privacy, pictured for Fast Company)

On a more serious note, EPIC put a lot of time and money into protecting privacy in the USA and they do a damn good job, and in cases like that of Facebook they are having a positive affect the world over, so give them some money!

Surveillance and the ‘Open-source Insurgency’

Hierarchical, national and corporate bodies are profoundly afraid of the openness, apparent lack of interest in conventional goals and absence of obvious leadership or deference that is represented by the new collaborative networks like Open-source. They are not ‘under control’. The answer for the military-industrial complex is a consistent one, and as usual it combines strategic military and economic goals. This answer is surveillance.

The US military-industrial complex is always trying to identify new threats to bolster its budgets. There was a minor outcry a few years ago when US military powerpoint slides on strategy seemed to indicate that it regarded international civil society organisations, including the Red Cross, as a potential source of such threat. Then came 9/11 and the war on terror and for a while it didn’t need these phantom menaces as there were real global enemies, and fortunately for the military-industrial complex, it seemed that those enemies might be infinitely expandable and malleable into what was briefly termed the ‘long war’.

But the war on terror isn’t what it was. So there seems to be some effort to resurrect previous threats. One of these is ‘the war on drugs’ now rebranded as ‘narco-terrorism’ or ‘narco-insurgency’. And the particular focus of the concern is closer to the United States: Mexico. Writing in the self-proclaimed ‘capitalist tool’, Forbes magazine, Reihan Salaam argued that Mexico’s ongoing struggle with drug-related violence was a major threat which could ‘blind-side’ the USA. Now, Republicans like Salaam are struggling to find anything important to say when its obvious what the major global problems are, and the US electorate has decided that the Republicans aren’t the people to solve them. He is of course correct that there is a serious situation in Mexico – and indeed elsewhere in Latin-America: the drug-trafficking gangs are also the major problem for the Brazilian government in any attempt to include their excluded favela communities. However, he makes no mention of the other underlying cause of destabilization in the USA’s southern neighbour – the way in which NAFTA has transformed Mexico into a subordinate economic role to the USA as source of cheap production facilities and cheap labour, all the while being told that its people are not wanted in the USA. The EU has its critics, but at least its building of free-trade has been accompanied by a far greater degree of free movement of people and reciprocal political rights. Nor is there any reference to the consumption of cocaine and crack in the USA that is driving the trade (as the first comment on the article notes).

Instead Salaam tries to analyze the Mexican situation using a recent strategic theory, and one which is profoundly worrying in its implications. In an essay in the New York Times in October 2005, John Robb argued that the Iraq war had turned into what he termed an ‘open-source’ insurgency, “a resilient network made up of small, autonomous groups”. He argued that those resisting the US occupation and other armed groups were like open-source software developers in that “the insurgents have subordinated their individual goals to the common goal of the movement”. (Never mind once again, that there is an obvious underlying common goal – that of getting rid of an occupying foreign power!).

Now of course, in many ways this was just a restatement of the whole post-Cold War, network-centric warfare hypothesis. There are also echoes back to the kind of language which has been used to describe ‘eastern’ or ‘foreign’ peoples for centuries – the British in India being unable to tell ‘them’ apart, the faceless and numberless ‘yellow peril’, the ‘godless communists’ who subordinated their individual will to the collective, and the ‘clash of civilizations’. It’s the hive-mind, the fear of humans who don’t appear to act ‘like us’. Without the overt racism of course: this is Orientalism 2.0, the politically-correct version!

However the addition of the label ‘open-source’ is no accident. Hierarchical, national and corporate bodies are profoundly afraid of the openness, apparent lack of interest in conventional goals (profit, advancement, etc.), and absence of obvious leadership or deference that is represented by the new collaborative networks like Open-source. They are not ‘under control’.

So how to bring them ‘under control’? John Robb’s first (and rather refreshing) answer was that in many ways you probably can’t and that in Iraq, the US should have probably ‘let them win’. But this is an unpopular response for the uneconstructed military-industrial complex. For them the first answer is a consistent one, and as usual it combines strategic military and economic goals. This answer is surveillance. For the Internet, we have seen, and continue to see, attempts in multiple countries to attack the basis of what makes the Internet creative and free, in the name of all kinds of ‘risks’ (mainly terrorism, identity crime, pirating and paedophilia). Of course these risks are no greater on the Internet than in the material world, but the Internet is still for many people, and many politicians in particular, a vast, unknown terrain which they do not understand: ‘here be dragons’ as the old maps used to have it of any such ‘terra incognita’.

For countries afflicted by the new ‘open-source insurgency’, the answer is the same. The Defense Industry Daily today starts off its story on Mexico with the apparently uncontentious statement that “Mexico needs surveillance.” It then lists with the usual kind of techno-pornographic relish of these publications, all the mainly Israeli UAVs and surveillance craft that the Mexican state is buying. We are supposed to cheer. We are supposed to think that this is evidence of Mexico’s growing maturity. Soon Mexico will be monitored and ‘under control’. No evidence of whether surveillance ‘works’ (even in military terms) troubles these kinds of stories. That is taken as self-evident. And certainly there is no question of whether this could in any way be the wrong approach, or even a counterproductive strategy. As the Brazilian parliamentarian to whom I was talking yesterday said, about the favelas, the only answer to both crime (because, let’s not forget that’s what ‘narco-terrorism’ really is) and the poverty on which it feeds, is in the long-term (and that means starting now not later): sanitation, schools, hospitals, transport, jobs – in other words providing the poor with access to the same society that the wealthier enjoy. Extending intensive high-tech military surveillance across the global south is not only a complete failure to address these underlying issues, it also diverts much-needed money away from social priorities. It is the wrong answer to the wrong question… except for the defense industry.

The loneliness of personal data

Surveillance like this harms us all: it makes our lives banal and reveals only the sadness and the pain.

Still from I Love Alaska
Still from I Love Alaska

There is something at once banal and heartbreaking about what is revealed through the examination of personal data. The episodic film, I Love Alaska, captures this beautifully. The film by Lernert Engelberts and Sander Plug is based on AOL’s accidental exposure of the search data of hundreds of thousands of its users, and focuses on just one, 711391. The film consists of an actress reading out the (unusually discursive and plain language) search terms of User 711391 like an incantation, with background sound from Alaskan locations and static camera shots that serve to emphasize her boredom, isolation and loneliness.

I was watching episode 5 of the film when two stories popped into my inbox that just happened to be related. The first was from the New York Times business section and dealt with the other side of the recent US sporting scandal over revelations that baseball player Alex Rodriguez has taken steroids. Like User 711391, Rodriguez had given up his data (in this case, a sample) in the belief that the data would be anonymous and aggregated. But it wasn’t.

So, then we come to how the state deals with this. The Toronto Globe and Mail comments on the way the Canadian federal government is, like so many others, proposing to introduce new legislation to monitor and control Internet use. The comment argues that there is no general need to store personal Internet use data (or Canada will end up like the UK…), and that Internet surveillance should be governed by judicial oversight. Quite so. But, as the NYT article points out, it isn’t just the expanding appetite of the state for data (frequently coupled in the UK with incompetence in data handling) that we should fear but the growth in numbers of, and lack of any oversight or control over, private-sector dataveillance operations.

Some people will argue that any talk of privacy here is irrelevant: User 711391 was cheating on her husband; Rodrguez was taking steroids; there are paedophiles and terrorists conspiring on the Internet. With surveillance the guilty are revealed. Surely, as Damon Knight’s classic short story, ‘I See You’, claimed, with everything exposed we are truly free from ‘sin’? But no. In its revelations, surveillance like this harms us all: it makes our lives banal and reveals only the sadness and the pain. For User 711391, her access to the Internet served at different times as her main source of entertainment, desire, friendship, and even conscience. The AOL debacle revealed all of this and demeaned her and many others in the process. Most of us deserve the comfort of our very ordinary secrets and the ability for things to be forgotten. This is the true value of privacy.

(Thanks to Chiara Fonio for letting me know about I Love Alaska)