The Total Surveillance Society?

Advanced visual surveillance has become prevalent in most developed nations but, being restricted by inconvenient things like democracy and accountability (even if they are not as strong as some would like) and police and local authority funding, such surveillance remains patchy even where it is widespread.

The Chinese state, however, suffers from none of these inconvenient restrictions. Free from democracy, accountability, and with a buoyant economy still largely connected to the Communist Party, it is able to put in place surveillance systems beyond the wildest dreams of the most paranoid western administrators. The target of the new wave of surveillance is internal political unrest, particularly in separatist Tibetan Buddhist and Muslim areas of the massive nation.

Associated Press is reporting official internal announcements about how Urumqi, capital of the Uighur Muslim area of Xinjiang, which saw extensive anti-government protests last year, will be blanketed by surveillance systems. According to the report:

  • 40,000 high-definition surveillance cameras with riot-proof protective shells have already been installed in the region, with 17,000 in Urumqi itself
  • 3,400 buses, 4,400 streets, 270 schools and 100 shopping malls are already covered
  • the aim is for surveillance to be “seamless”, with no blind spots in sensitive areas of the city (and this includes in particular, religious sites)
  • 5,000 new police officers have been recruited

This is part of a wider ‘Safe City’ strategy – in this context, even more of a euphemistic description that the same words would be in the west – that will see 10 million cameras being installed across the country. Ths numbers keep growing all the time: the last time that I reported on this, the estimate was less than 3 million ! IMS Consultants last year estimated that the Chinese video surveillance market was $1.4 billion in 2009, and that this will grow to over $3.5 billion by 2014. China is now the single largest market for video surveillance in the world.

Condensed CCTV

Video analytics is the thing right now. With so much video information and the limits of human operators, what to do with all that footage? There are numerous answers mostly involving forms of algorithmic movement recognition. From the masses of press releases that come my way every day, I notice one Israeli company (Israel being one of the world leaders in security technology), BriefCam, is marketing a new automated system that not only recognises objects of interest but then condenses hours of video which feature the object of interest into a matter of minutes featuring all the salient points from the whole time, at once. Or according to their own website:

“BriefCam VS Online receives real-time feed from the DVR/NVR and processes data to produce a database that can be called on to create a video summary presentation, on demand.”

I’ve seen the technology at work, but one thing starts to concern me imediately is what is lost by way of this combined footage. Check the video here for example.

The blurb claims that it is ‘easy’ for operators to see something unexpected, yet this is not a ‘real’ image, or in fact it is a hyperreal image, multiple images partly overlaid on what is assumed to be a standardized background. Of course, given the original footage remains available contextual evidence can be sought. However, I do wonder what kind of decisions will result from fast-moving combined footage pre-selected to present to a human viewer… and of course, what exactly it is that the system is programed to recognise and how. It seems that operators of video surveillance systems will increasingly be watching is not reality, but combined, edited highlights, a part-simulated recreation. Jean Baudrillard would be having a quiet chuckle if he could see this…

Doping, Surveillance and Radical Transparency in Sport

Surveillance studies people tend not to look at sport very much. Sure, sports mega-events and the kinds of security crackdowns and surveillance surges that occur around them are an object of research, but sport itself, less so.

This is interesting because the bodies of athletes are amongst the most closely monitored and at the same time, contested sites that one could imagine, none more so than professional cycling. Professional cycling may be the most difficult sport on the planet and not surprisingly it has acquired a bad reputation for the prevalence of cheating, particularly in the area of doping. The reputation is in some ways unfair as cycling also has some of the most onerous regulations governing everything from the movements of the riders – the so-called ‘whereabouts rule’, where riders must be available for testing at all times, so must tell doping testers where they are going to be and be there – to bodily function, with top level cyclists now required to have a ‘biological passport’ which establishes baseline values for levels of various aspects of blood and so on, so that anything which alters these values in an unusual way can be taken as prima facie evidence of doping.

However, there has been a reaction from many cyclists against the increasingly intrusive surveillance regime. Privacy has been cited (see for example the challenge by Kazahk rider, Andrey Kashechkin to be his positive test for an illegal blood transfusion), as well as the riders’ right to a good night’s sleep (testers now often arrive in the early hours of the morning). Critics have been less sympathetic with accusations of a code of ‘omerta’ towards anyone who tells the truth about doping in cycling, and riders generally failing to understand the seriousness of cheating.

In opposition to the complaints, a growing number of top teams and riders have been taking the initiative and arguing not against the surveillance regime but embracing it even more fully than the UCI, the sport’s governing body or WADA, the World Anti-Doping Agency. One example is British rider, Bradley Wiggins. He’s an ex-Olympic track cycling champion who has previously finished 4th in the Tour de France, generally acknowledged as the pinnacle of the sport. That result was a surprise to everyone as Wiggins had never really shown such prowess on the road, and there were mutterings about doping. What Wiggins did was radical and even more startling: a rider who has always insisted that he has ridden clean, he published his biological passport readings for the whole period of the Tour and more.

Now he is taking this ‘radical transparency’ stance further and arguing that all biological passport data for all riders should be made available on the Internet. He argues that this would give both individual riders and the sport, credibility, and stop the rumour mill and the often unfounded allegations around particular performances, as well as shaming those who really are trying to get away with doping. Of course it does damage privacy, but in this case, the virtues of privacy and very much less clear than they might be in other domains. Of course there is also a big difference between such transparency being a voluntary gesture and a requirement.

Spain vs. Google or Freedom of Expression vs. the Right to Be Forgotten

Several outlets are reporting today, the interesting clash between Spanish courts and Google. The argument is over whether Google should carry articles that have been challenged by Spanish citizens as breaching their privacy. An injunction was won in the courts by the Spanish data protection commissioner over publication of material that is being challenged under privacy legislation.

Clearly there are two main issues here. One is the specific issue of whether Google, as a search engine, can be considered as a publisher, or as it claims, simply an intermediary which publishes nothing, only linking to items published by others. This is important for Google as a business and for those who use it.

But the other is a more interesting issue which is the deeper question of what is going on here which is the struggle between two kinds of rights. The right to freedom of expression, to be able to say what one likes, is a longstanding one in democracies, however it is almost nowhere absolute. The problem in a search-engine enabled information age, is that these exceptions, which relate to both the (un)truth of published allegations (questions of libel and false accusation) and of privacy and to several other values, are increasingly challenged by the ability of people in one jurisdiction to access the same (libellous, untrue or privacy-destructive) information from outside that jurisdiction via the Internet.

In Spain, the question has apparently increasingly been framed in terms of a new ‘right to be forgotten’ or ‘right to delete’. This is not entirely new – certainly police records in many countries have elements that are time-limited, but these kinds of official individually beneficial forgettings are increasingly hard to maintain when information is ‘out there’ proliferating, being copied, reposted and so on.

This makes an interesting contrast with the Wikileaks affair. Here, where it comes to the State and corporations, questions of privacy and individual rights should not be used even analogically. The state may assert ‘secrecy’ but the state has no ‘right of privacy’. Secrecy is an instrumental concept relating to questions of risk. Corporations may assert ‘confidentiality’ but this is a question of law and custom relating to the regulation of the economy, not to ‘rights’.

Privacy is a right that can only be attached to (usually) human beings in their unofficial thoughts, activities and existence. And the question of forgetting is really a spatio-temporal extension of the concept of privacy necessary in an information society. Because the nature of information and communication has changed, privacy has to be considered over space and through time in a way that was not really necessary (or at least not for so many people so much of the time) previously.

This is where Google’s position comes back into play. Its insistence on neutrality is premised on a libertarian notion of information (described by Erik Davis some time ago as a kind of gnostic American macho libertarianism that pervades US thinking on the Internet). But if this is ‘freedom of information’ as usually understood in democratic societies, it does have limits and an extreme political interpretation of such freedom cannot apply. Should Google therefore abandon the pretence of neutrality and play a role in helping ‘us’ forget things that are untrue, hurtful and private to individuals?

The alternative is challenging: the idea that not acting is a morally ‘neutral’ position is clearly incorrect because it presages a new global norm of information flow presaged on not forgetting, and on the collapse of different jurisdictional norms of privacy. In this world, whilst privacy may not be dead, the law can no longer be relied on to enforce it and other methods from simple personal data management, to more ‘outlaw’ technological means of enforcement will increasingly be the standard for those who wish to maintain privacy. This suggests that money and/or technical expertise will be the things that will allow one to be forgotten, and those without either will be unable to have meaningful privacy except insofar as one is uninteresting or unnoticed.

UK Control Orders to be replaced by Surveillance Orders

There has been a lot of speculation in the last couple of weeks about the fate of the ‘Control Orders’ that have been placed on various people (largely British Muslims) who are strongly suspected by the authorities of involvement with terrorism, but who have not committed any crime that would likely lead to a successful prosecution. These orders tend to amount to forms of curfewing or house arrest without trial, and banning them from using all forms of telecommunications, and needless to say, have been immensely controversial with civil liberties groups arguing that they subvert the rule of law, and that if there is evidence of terrorist activity people should be investigated and charged with such offenses. This has also been a test case for the willingness of the Conservative- LibDem coalition to take onboard key Liberal Democrat priorities and to go further in rolling back the creeping authoritarianism that characterised the final years of the New Labour regime.

So what will replace them? Speculation had centred around the replacement of the order with a system that allowed suspects to move around relatively freely but placed them under intensified ongoing surveillance. Now the BBC is claiming that it has details of what are likely to be called ‘Surveillance Orders’. These, they say, will give the security services the power to:

  • Ban suspects from travelling to locations such as open parks and thick walled buildings where surveillance is hard;
  • Allow suspects to use mobile phones and the internet but only if the numbers and details are given to the security services;
  • Ban suspects travelling abroad; and
  • Ban suspects meeting certain named individuals, but limited to people who are themselves under surveillance or suspected of involvement in terrorism.

Some of this is hardly new: those suspected of involvedment in football hooliganism in the UK have been subject to travel bans since the 1980s, and it seems to be from this that precendent is taken for at least this part of the new place. It is also almost funny that certain locales are seemingly specified as being difficult for surveillance – and I know this won’t be in the actual Bill – but, surely it is actually quite useful for real terrorists to know this? 😉

But this is all very interesting not least because it uses ‘surveillance’ as a supposed replacement for ‘control’, or as something synonymous with increased freedom. That may be so in physical terms, but the constant monitoring suggested under these new orders creates something very far from freedom. However in many ways it constitutes simply an intensified version of the kind of low-level constant monitoring or mass surveillance that is characteristic of contemporary surveillance societies. It is not so much that there are the ‘unwatched’ and the ‘watched’ rather there is a spectrum of surveillance between the lightly and heavily monitored. The new ‘Surveillance Orders’ would merely seem to push the dial for an individual into the category of heavy monitoring.

Internet doit être défendu! (4)

I write this addition to my ongoing series of thoughts on the implications of the Wikileaks scandal, en Francais because according to Le Point, the the Assemblée Nationale has passed a bill, Loppsi 2, which, amongst other things, in its Article 4, allows the French government to ban particular websites, and essentially to ‘filter’ the Internet. The Bill of course has ‘good intentions’, in this case, it is aimed at paedophiles, but the wording is such that it allows a far wider use against “la cybercriminalité en général”. Regardless, as the article points out: “Les expériences de listes noires à l’étranger ont toutes été des fiascos,” in other words such bills have generally been a complete failure as in most cases the state’s technology and expertise cannot deliver what the law allows.

However, I am left wondering what makes this any different from what China does, and what moral right the French state now has to criticise Chinese censorship or indeed any other regime that is repressive of information rights. And of course, what other very reasonable ‘good intentions’ could be drawn upon for closing the Net – opposing ‘information terrorism’, par example?

Facebook face-recognition

Reports are that US users can now use an automated face-recognition function to tag people in photos posted to the site. To make it clear, this is not the already dubious practice of someone else tagging you in a photo, but an automated service – enter a picture and the system will search around identifying and tagging.

As a Facebook engineer is quoted as saying:

“Now if you upload pictures from your cousin’s wedding, we’ll group together pictures of the bride and suggest her name… Instead of typing her name 64 times, all you’ll need to do is click ‘Save’ to tag all of your cousin’s pictures at once.”

Once again, just as with Facebook Places, the privacy implications of this do not appear to have been thought through (or more likely just disregarded) and it’s notable that this has not yet been extended to Canada, where the federal Privacy Commissioner has made it very clear that Facebook cannot unilaterally override privacy laws.

Let’s see how this one plays out, and how much, once again, Facebook has to retrofit privacy settings…

New Report on Social Control

There is an interesting new report out from the Geneva-based organisation, the International Council on Human Rights Policy (ICHRP)*, called Modes and Patterns of Social Control. It has a lot of overlap in content and analysis with the book I am writing at the moment, which is great in that it means I am not alone in what I am thinking. The authors include a fellow surveillance CRC, Stephane Leman-Langlois, and Clifford Shearing, one of the pioneering figures in our understanding of surveillance today.

*disclaimer: I am an advisor on another ICHRP project on Surveillance and Privacy that has just started.

New Report on UN ‘Blacklisting’

There is a new report out from the European Centre on Constitutional and Human Rights (ECCHR) on blacklisting practices, particularly the UN’s , after 9/11. The report by Gavin Sullivan and Ben Hayes, suggests that the UN 1267 list of supposed Taliban and Al-Qaeda members and supporters in particular, which I have described as ‘kafkaesque’ in the past here, is:

“beyond the powers of the Security Council. While international terrorism remains an atrocious crime … it does not justify the exercise by the Security Council of supranational sanctioning powers over individuals and entities. “