Implants vs. Wearable devices

Printed Electronic Tattoo (Wired)

I’ve been thinking a lot recently about why it is that implanted tracking devices have never really taken off in humans. Just a few years ago, there were all kinds of people laying out rather teleological versions of technological trajectories that led inevitably to mass human implanantation – and not just the US Christian right, who saw RFID as the fulfilment of biblical prophecy.

I think there are many reasons, including negative public reaction (implants really are a step too far, even for the ‘nothing to hide, nothing to fear’ crowd) and the fact that a lot of the promotion of human RFID implants was actually the PR work of one very loud company (Verichip) and did not actually have a lot of basis in either social reality or market research. But the other major reason is to do with other technological developments, particularly in wearable computing and sensor networks. In most cases, implants solve a problem that doesn’t exist (the idea that people want to remove a tracking device that might be there for very good – although I am not saying, indisputably good – reasons, usually medical ones). And where there are no good reasons, there’s probably no case for tracking at all.

So devices like this – temporary, printed or stick-on and removable – are far more what is likely to become the solution to any actual problem of tracking or monitoring for medical reasons. And the relative ease with which it can be removed by the wearer does at least mean that there is some room for negotiation and consent at more than just one point in the process. Of course, such removable, wearable tracking are still not somehow free of ethical and political considerations – and some may argue that the very appearance of consent actually hints at the generation of a greater conformity and self-surveillance, but the issues are of a slightly different nature to those raised by implanted devices.

Mozilla stops ad-network cookies

Mozilla, the developer of the Firefox web-browser, has decided that voluntary compliance by advertisers with its ‘Do Not Track’ settings is not working. Advertisers have basically been ignoring what is essentially a request by users, so instead of giving up, Mozilla has taken the right step and will simply not allow ad networks to install cookies on user’s computers or phones. This will of course cut ad revenue to some sites that rely on it, but it will also be a major step to slowing the proliferation of online tracking.

Of course, it can also be seen as a new negotiating position in a long conflict, as the Centre for Democracy and Technology points out, it could be a negotiating position that is all about trying to force companies to implement Do Not Track requests as a compromise from wholesale cookie-blocking. But I’m fully on board with Mozilla here either way. I very much doubt that Microsoft will take a similarly ethical stance on user control – because that’s what this is really about, not privacy as such but who has the right to control information about themselves.

The Iconography of High Velocity DNA tagging

There’s been quite a lot of media coverage in the last few days about the ‘High Velocity DNA Tagging System‘, made by UK company Selectamark, and apparently in line to be purchased by several UK police forces. The system uses a kind of airgun that can fire “a uniquely-coded DNA pellet” for up to 30-40 metres, which “can be used to mark an individual so that they can be apprehended at a less confrontational time for officers.” Claims on the website include one that the microdots of artificial DNA can penetrate through clothing and mark the skin of individuals, and also that the artificial DNA used can result in ‘infinite number’ of unique numerical identifiers.

None of this is entirely new: Selectamark is a company who’s core business is anti-theft marking of equipment, and essentially what they have done is create a gun-based delivery system for an existing technology that was previously used to mark things, thus turning it into a system for identifying individual human beings, in much the same way as has been suggested would occur with RFID implants (but which has not yet really happened in any widespread fashion). Like RFID, the identification is not biometric, i.e. resulting from unique bodily characteristics, but what amounts to a high-tech form of instant temporary tattooing or paint-marking. The company is silent on how temporary this is – and whether the microdots – which are just visible, but show up better under UV light – can be easily removed or washed off by those tagged.

What’s also really interesting is the imagery deployed in the website. Of course there are the usual images of policemen with large guns (here complete with light source for night-time use). These guns, like tasers, have an interestingly toy-like quality to them with their bright orange plastic finish. Guns that aren’t really guns…

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However what’s more interesting are the background images used on the site. The targets of the tagging system are clearly depicted in one background image and will be recognisable to all British readers – ‘hoodies’ – the marginalized urban youth who were implicated in the rioting in London in 2011 (although there is also an inevitable pop culture association, especially with all that light-saber-y UV around, with the evil Sith from the Star Wars franchise).

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The youths are depicted encircled in lines of UV-like light whose coils also reflect the image of DNA, which is used here as another background image.

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The late Dorothy Nelkin and M. Susan Lindee described DNA as a ‘cultural icon‘, and indeed, the never-really-explained ‘artificial DNA’ technology which underpins Selectamark’s product seems deliberate discursively confused with exisiting DNA identification technologies, or at least the association is clear: that DNA fingerprinting, which is already understood in media discouse as standing for absolute certainty as to identification, is ‘the same’ as this technology. And clearly this sounds better than associating it, as I did earlier, with tattooing – which has a much less wholesome image when it comes to the state’s usage (Nazi death camps etc.).

And then the lines of light that surround the youth also seem to beam out across and enclose the entire world, which is both a standard marketing trope (“we are a global company”) but also a shift in scale that reflects the way in which security and surveillance has moved, to encompass the globe. The world is also depicted as dark with the suggestion of a coming sunrise (fitting in with the overall ‘crime lurks in the darkness and Selectamark will shine a (UV) light in it” theme) and almost entirely urban:

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But then what is the value in this global world, which Selectamark (and the police) are seeking to protect? What is the source of the light? Well, the answer, in the final background image, will surprise no-one. It isn’t those who need justice, the poor, the downtrodden, the huddled masses, it’s big companies:

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The corporate sector is depicted as icons streaming information-superhighway style from the light along grid patterns: rational, clean and bright and filling, overcoming, the darkness beyond, in a corporate version of the creation story in the Book of Genesis. We are saved! Thank-you, Selectamark and your High Velocity DNA Tagging!

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.

Chipping Pre-School Kids in the USA

ACLU is reporting that nursery schools kids in Richmond, California are being issued with jerseys embedded with RFID chips. GPS-enabled and/or RFID-chipped clothing has been available for a while now, and there have also been (pre-)schools in other countries that have issued tracking devices to kids, notably in Yokohama in Japan, but this appears to be the first time in the USA. RFID is a very simple, insecure technology, and this type of initiative gives a false sense of security and is about at once raising and appeasing social anxiety and parental paranoia about the incredibly rare instances of child kidnapping. ACLU note correctly that this is just likely to make stalking and kidnapping easier as harder, but really all this does is enable the school to know where the jersey is – like left on the back of a bus, swapped with a friend or thrown in a ditch. It’s more pointless security theater, but at a more intimate level than the kind we are used to at airports and public buildings.

Information-rich animals

Iris scanning has been proposed for horse by a company called Global Animal Management (GAM) Inc. As bloodstock is a huge and lucrative business – feeding everything from the private obsessions of the super-rich through the horseracing industry to the dreams of teenage horse-enthusiasts – it is not surprising to see such investment in biometrics. Racehorses were, after all, the first living creatures to be regularly microchipped. Vets seem sceptical about the idea, but surely members of the medical profession would be more enthusiastic about non-invasive replacements for invasive identification techniques like RFID?

Ironically, support for the scepticism comes form GAM’s own website, where a very interesting short video shows just how comprehensive the surveillance of animals through RFID chips has become. RFID chips do not just identify, they carry whole life-cycle information on origins, movements, health and disease and legal compliances. And because of the chips this information is carried with the animal not simply associated with it via a distant database as the result of an occasional scan. The system creates what GAM calls ‘information-rich animals’, which presumably is what makes GAM – and it hopes, its customers – cash-rich too…

(thanks to Aaron Martin, whose reading now seems to include Horse and Hound magazine…)

Pigs subvert surveillance

It is not just human beings who are subjects of surveillance. Animals are increasingly under surveillance too, indeed there are techniques of surveillance and tracking used on animals that are designed to achieve levels of control that (for the most part) would not be tolerated for human beings. Animals are tagged, filmed, implanted, tracked, and even used and adapted for surveillance (see Amber Marks’s book, Headspace, for example) for all kinds of reasons from the economic to the environmental. However, this great story from a BBC kids’ news program demonstrates that some animals can ‘fight back’ in ways that are inventive and heartening.

Many farms now limit the food consumption of individual pigs through the use of electronic Radio-frequency Identification (RFID) collars and gates: once the pig has gone through the gate, the collar communicates with a computerised food distribution system which will provide the pig with what is deemed ‘enough’ for the pig. When the pig has eaten and left the feed stall, it cannot get back in for more because the system knows which collar has already been through the gate.

However, apparently pigs in several locations have independently learnt how to get round this surveillance system. Some pigs hate the collars so much that they rip them off. These pigs then don’t get to eat of course, but other pigs have learnt that if they pick up the collars they can go through the gate a second time – and they have even taught other pigs how to this…

Never mind ‘Big Brother’ and Nineteen Eighty-Four, it’s another Orwell phrase (from Animal Farm) that comes to mind here: “Four legs good, two legs bad”…!

(Thanks to Aaron Martin for this)

Locational Privacy

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The Electronic Frontier Foundation has a very good little report on locational privacy, “the ability of an individual to move in public space with the expectation that under normal circumstances their location will not be systematically and secretly recorded for later use.”

As usual for EFF, it is written in clear, understandable language and is free-to-access and download.

* I’m going to be away up to the mountains for a couple of days, so there won’t be any more posts here until Sunday at the earliest… next week is a slow one here in Japan as it is O-bon, the Buddhist festival of the dead, and many people go back to their family home and offices are generally closed for some or all of the week. I won’t be doing much in the way of interviewing, but I still have quite a few interviews and visits from the last two weeks to write up.

Another US court says police GPS tracking does need a warrant

The complex landscape of the US judicial system has thrown up a ruling on the police use of GPS tracking devices completely at odds with the recent ruling handed down by the appeals court in Wisconsin. The New York appeals court ruled 4-3 that police GPS tracking should require a warrant. Judge Lipmann’s words on the case, quoted by the New York Times,  are particularly interesting as it appears that he wa taking a long view of potential harm in making his decision. He said:

“One need only consider what the police may learn, practically effortlessly, from planting a single device. The whole of a person’s progress through the world, into both public and private spatial spheres, can be charted and recorded over lengthy periods possibly limited only by the need to change the transmitting unit’s batteries. Disclosed in the data retrieved from the transmitting unit, nearly instantaneously with the press of a button on the highly portable receiving unit, will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on. What the technology yields and records with breathtaking quality and quantity, is a highly detailed profile, not simply of where we go, but by easy inference, of our associations — political, religious, amicable and amorous, to name only a few — and of the pattern of our professional and avocational pursuits. When multiple GPS devices are utilized, even more precisely resolved inferences about our activities are possible. And, with GPS becoming an increasingly routine feature in cars and cell phones, it will be possible to tell from the technology with ever increasing precision who we are and are not with, when we are and are not with them, and what we do and do not carry on our persons — to mention just a few of the highly feasible empirical configurations.”

This long term thinking has to be applauded. Sometimes imagination is necessary in the law, and particularly when the issue is one of socio-technical changes. The technological determinism of ‘if it exists, then it must be used’ is a way of thinking that has to be challenged. The question now for the USA is if either of these case or others will find their way to the federal courts. Until then, US citizens and police do not really know where they stand and the constitutional questions remain open.

Australian targeted surveillance convictions ‘appallingly low’

If mass surveillance (through CCTV and huge databases) is often ineffective, then surely targeted surveillance, through judicially-approved orders warranting the use of high-tech secret cameras, listening devices and tracking, must at least ‘work’. However, The Canberra Times reports that in Australia at least, this does not appear to be the case.

In fact out of 311 such warrants issued in 2007-8, just 86 individuals were prosecuted and only 10 criminal convictions resulted. Now we don’t know exactly why this was in each case, however it does suggest that Bill Rowlings, the Civil Liberties Australia chief executive is right to describe the conviction rates as “appallingly low” indicting that the many if the warrants for targeted surveillance are “fishing expeditions” by the police, rather than backed by serious evidence.

It would be interesting to see how the Australian figures compare to those available for similar countries, particularly the UK (if indeed the figures are available and comparable).