ubisurv

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.

Austin no longer the coolest city in the USA

The latest city to fall for the current wave of government enthusiasm for surveillance that is sweeping the USA is, unfortunately, the city of Austin… Sorry Austin – unless you people do something about this, you are off my list of cool cities…

Austin, Texas… lone island of sanity and liberalism in a less-than-liberal state. With its laid-back attitude, massive urban bat population, superb music scene and reputation for weirdness, it must for some time have been a candidate for coolest city in the States.

Well no longer. The latest city to fall for the current wave of government enthusiasm for surveillance that is sweeping the USA is, unfortunately, the city of Austin, whose authorities have voted to install a CCTV system. The local newspaper, The Daily Texan, jauntily informs us that the city has voted to sacrifice privacy for security: that does not sound like the attitude of a confident, hip place. Sorry Austin – unless you people do something about this, you are off my list of cool cities!

Seriously, though: Austin is not a city with an especially high crime rate, nor has it seen any massive recent increase in crime – even if CCTV was any good at reducing crime, which we know from the multiple assessments done in the UK and elsewhere that it isn’t. Yet Police Chief Art Acevedo is quoted as praising CCTV in the UK, specifically in London. Perhaps he has been reading too much of the hype and hasn’t read the British government’s own assessments of CCTV (conducted under the auspices of the Home Office)?

So why the sudden urge to install cameras? Could it be because of the lure of federal funding from the Department of Homeland Security? It could be. Austin has acquired $350,000 to install cameras, and what set of city fathers turns down cash (whatever it is for)? That was one of the main lessons of the expansion of CCTV in Britain in the 1990s and of course cities are now paying the long-term price of their enthusiasm as they struggle to find the money to monitor and maintain their camera systems. Chief Acevedo seems to have no worries about this though – this techno-evangelist is already talking about automation and computer recognition systems. He really sounds like a guy who has started to believe the sales pitches at all those law enforcement technology trade fairs…

The downside of Brasilia

on foot, you are immediately confronted by the unpleasant reality of what is to the pedestrian effectively a huge expanse of carpark and highway separating the areas you might want to be. The functional split between the ‘zones’ only makes this worse.

Again, this is urbanism rather than surveillance, but here are some more musings and pictures on the urban form of Brasilia. Yesterday, I posted a lot of conventionally attractive shots of the buildings around the monumental axis of Brasilia. However, leaving aside the wider question of whether Brasilia outside of the planned centre functions as a city, there is a rather less beautiful side to the core.

This mainly has to do with the practical consequences of the philosophy behind the plan and particularly with functional separation and transport. As I noted when I first arrived, the city is dominated by roads. 5-lane highways run down either side of the monumental axis, and it is crossed by two major motorways in deep cuttings, with all the attendant slipways. These probably look very attractive as bold curving lines on a plan. They may even function if you are traveling by car (or bus). But on foot, you are immediately confronted by the unpleasant reality of what is to the pedestrian effectively a huge expanse of carpark and highway separating the areas you might want to be. The functional split between the ‘zones’ only makes this worse. Say you are in the hotel zone that I was staying in and you want to go out for a meal and a drink. Well, that’s 30-minutes walk to the nearest residential centre (where most of the evening options are located). Sure, you can take a taxi, but why should you have to? All the sports clubs are in separate ‘club zones’ even further away from either hotel, commercial or residential districts.

Now, okay, so the residential districts have most of their facilities (not including clubs) within walking distance – I said in my first impressions blog entry that I could actually imagine living here with a young family. And I still could. Natives of Brasilia are fanatical about the place. The residential districts work. You don’t really have to go anywhere near the soulless and secured shopping centres or take your chances running across massive motorways with uncaring drivers trying their best to ignore you. There is a simple metro system which runs between the districts and the centre (though it was largely closed for the building of new stations when I was there). You can walk around, between and under the blocks. They don’t appear to be totally obsessed with security in the manner of Sao Paulo or indeed most other large Brazilian cities. The blocks have concierges but not fences, walls and gates. Most of the windows do not even have bars.

But there is a reason and a price for this too. The residential zones are simply not socially mixed. Just about everyone who lives in the big blocks is a government or big corporate office employee. The ordinary workers and the poor live elsewhere entirely, in one of the satellite cities of Brasilia, and are bussed in and out via the busy central bus station every day. At the bus station, you find glimpses of the ‘ordinary Brazil’ – the cheap lanchonetes and pastelerias (in fact probably the best pasteleria I have found in Brazil so far)!, sidewalk vendors of DVDs and knock-off jewelry, the beggars, the hungry and the desperate. In many ways I felt more comfortable there than in the dry Le Corbusian dreamspaces of the government buildings.

Anyway, here’s some pictures of the ‘real Brasilia’ – or what it looks like if you stop focusing on the architecture and take a wider view!

Battle lines being drawn in UK surveillance debate

there appears to be a gathering of forces and a drawing of battle lines amongst the ‘big beasts’ of security policy in the UK…

The UK’s Institute for Public Policy Research (IPPR), the influential think-tank that was behind the New Labour project, has released a report on intelligence and national security that argues that privacy and human rights will have to take second place in the War on Terror. The report, National Security Strategy, Implications for the UK Intelligence Community, is written by former civil service security and intelligence coordinator, David Omand, is part of the IPPR’s Commission on National Security in the 21st Century, whose rather unimpressive launch event I attended last year.

The Guardian newspaper’s story on this is trying to build this up into an ‘end of privacy’ / ‘end of civilisation as we know it’ story and Omand certainly comes down firmly on the side of security over liberty. He recognises that his arguments are contrary to ours and go “against current calls to curb the so-called surveillance society.” But he is not actually making a total ‘by any means necessary’ argument. Even the Guardian’s own report quotes his rather qualified statement that “in some respects [new intelligence methods] may have to be at the expense of some aspects of privacy rights.”

The report is simply not as strong or even as interesting as The Guardian‘s story suggests. Most of it is simply a description of how intelligence works (and not even a very comprehensive or insightful one at that). Much, as we predicted in our recent book (see My Publications), it tries to set the creation of ‘resilience’ as a key rationale for reducing civil liberties, as if resilience in itself was a good thing that needed no justification when in fact it is being used as a bland container for all sorts of questionable policies – from the use of torture and imprisonment without trial to the everyday use of intrusive high-tech surveillance. The references to the political controversies over surveillance are rather cursory and don’t really say much other than that people are worried and really they shouldn’t be. These are just the usual ‘trust us, we know what we are doing’ and ‘these are exceptional circumstances’ arguments that we have heard many times before, and they are as weak and old-fashioned coming from Omand as from anyone else.

It is worth noting that there appears to be a gathering of forces and a drawing of battle lines amongst the ‘big beasts’ of security policy in the UK. I reported yesterday on David Blunkett’s conversion to the cause of limiting surveillance society, and a few days ago, Stella Rimington, the former Head of the Security Service, MI5, condemned the current government’s approach to liberty and security in even stronger terms, arguing that the approach that Omand typifies would lead to ‘a police state’.

Surveillance has finally become an issue on which it is becoming less possible to be unengaged, apathetic or even neutral. That in itself is a good thing, however it does not guarantee a good outcome even if more major public figures suddenly discover their enthusiasm for liberty once they leave office. However, I hope this reflects a split which is growing within the current government too – normally when retired politicians and civil servants speak out, they are conscious of the way in which they speak on behalf of friends and colleagues who feel they cannot be so candid.

Brazilian modernism (2)

Not surveillance-related, but here’s some of the many, many pictures that I took whilst getting very sunburnt walking around the big open spaces under the huge skies of Brasilia last week. There are a couple more pictures of the Parliament complex in my report from my meeting there last week. My first set of photos of Niemeyer’s work from Sao Paulo can be found here.

David Blunkett Attacks Surveillance!

I know. Pause. Take a deep breath…

You read it right. The former UK Home Secretary, with a reputation as one of the most authoritarian of recent years (though it is hard to chose in that regard), will condemn the growth of surveillance in a speech at the University of Essex today. He will also, according to Tom Young at VUnet, call for the ID card scheme (which he introduced!) to be scrapped, and for the information-sharing powers that were hidden in the new Coroners and Justice Bill, to be reduced. He also argues that the latter will happen as he knows the Justice Minister, Jack Straw, recognises the problem.

I don’t know whether to laugh or cry. Certainly it is fantastic when a prominent figure like this changes their mind and is prepared to admit that they were wrong, I just wish that sometimes they listened to the arguments against what they were doing when they were in office. In addition, of course Blunkett spent several years after leaving office writing very strong pro-surveillance, pro-ID card pieces for the populist, right-wing tabloid newspaper, The Sun, and is (or was) according to the Register of House of Commons Members Interests, paid £25-30,000 ($35-40,000 US) as the Chair of the International Advisory Committee of Entrust Inc., a company that works on digital certification and Internet surveillance, and which was involved in consortia for the ID card contract. Perhaps they have had enough of him.

But let’s hope he really has had a genuine change of heart.

German Corporations in Trouble over Surveillance

t seems that there is a mood in Germany for much stronger action, and a growing awareness that the country cannot, unlike in the UK at present, or indeed Germany in its own recent past, be allowed to slip into a situation in which surveillance becomes normal…

There is a major ongoing storm in Germany over the behaviour of its major corporations in spying on workers. There is a nice summary news report from the BBC which you can watch here.

The newest scandal emerged in January when it was revealed that the railway company, Deutsche Bahn, had conducted surveillance operations against thousands of its staff, both workers and management, possibly over years. The operations, with names like ‘Squirrel’, involved all kinds of intrusive internal espionage including tracking family members. The company’s aim was apparently to do with corruption and links to other rival corporations but the management have now admitted they went too far.

Internal security was also the reason behind the massive surveillance operations at Deutsche Telekom, the communications giant, possibly dating back to 2000. Here journalists and managers were targeted by a private detective agency. And of course then there was last year’s scandal over the way that the Lidl supermarket chain created a kind of Stasi-style operation at many of its stores and warehouses in Germany and the Czech Republic with secret cameras and operatives making detailed notes on the movements (especially toilet breaks) of its employees. According to The Guardian, the level of personal detail recorded by the store was incredible, one entry read: “Frau M wanted to make a call with her mobile phone at 14.05 … She received the recorded message that she only had 85 cents left on her prepaid mobile. She managed to reach a friend with whom she would like to cook this evening, but on condition that her wage had been paid into her bank, because she would otherwise not have enough money to go shopping.”

In the BBC report, the conclusion seems to be that better data protections laws are needed. Certainly this is true. But the cases involving corporations are important because they provide clear and comprehensible examples of how people ‘with nothing to hide’ can be targeted anyway and do have to be worried. There are enough of them too to show that this is not a series of isolated cases, but a part of a ‘culture of surveillance’. However it seems that there is a mood in Germany for much stronger action, and a growing awareness that the country cannot, unlike in the UK at present, or indeed Germany in its own recent past, be allowed to slip into a situation in which surveillance becomes normal. This means more than stronger DP, it means not allowing corporations and government to reduce fundamental liberties with arguments about ‘exceptions’. There seems to be growing awareness from the strong German Trades Unions in particular about this, we will see if this translates into wider social, and state, action.