Taking liberties

...remember when policemen were people you felt you could go up to and ask for directions?

No longer it seems. In fact, if you have anything like a map with you, you could find yourself staying at Belmarsh (warning, watching the whole of this may cause you to damage your computer in anger!):

H/T Tristan

I am so glad Terence was filming this. Everyone should get the chance to see this kind of thing and have a real good think about the "if you have nothing to hide, you have nothing to fear" attitude that is allowing our country to become a fascist state. The ability to stop at random (I was going to say "take to one side", but clearly they're happy to do this in full view of the entire concourse), with no probable cause whatever, and humiliate them in order to show other passengers "look, we're doing something about your security" is utterly obnoxious. I must say, though, I am amazed that he was allowed to continue filming, considering all that has been going on about photography in public places.

Britain, like never before, needs Fourth Amendment rights enshrined in law: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Following the revelation of yet more utter incompetence in government data handling the BBC asks...

Well, I posited a suggestion ten years ago now when I was on the Lib Dems' Civil Liberties Policy Working Group. At the time ID cards were but an evil glint in Liar, Liar, Tony Bliar's eyes but there was a clear feeling that they were pushing in that direction. But it was mainly in response to issues such as Regulation of Investigatory Powers Act and government wanting more and more surreptitious access to data already held about us and our activities.

My suggestion was that if government felt the need to keep all this data on us, the very least they could do would be to put us in charge of how and when it was accessed. We could all have an encryption key - it need not even be supplied by government - you could purchase one perhaps from Thawte or someone like that if, when, you decided you could not trust the government.

Two encryption keys would be required any time any bureaucrat or official decided they wanted to take a peek at any data the government held identifying you as the subject. A bit like a "nuclear key" where you need two people to turn the key for anything to work, the official would have their own key which would identify them as the person trying to access the data and check they were authorized to do so, and they would have to be in contact with the data subject, you, and, like a bank call centre does when they phone you would have to authenticate they were dealing with the real you by getting you to enter some of your PIN or similar before they'd get access.

Every government database system that held any data on individuals could have to go through an annual independent audit to ensure there was no inbuilt mechanism for bypassing such a security measure or, for example, copying data en masse with personal identifiers in. The system could be extended, voluntarily, to any organization that holds personal data - such as banks - if they felt it was more effective than creating their own, and the whole principle could be embedded in Data Protection legislation (not that the presence of Data Protection legislation stops the government currently breaking their own laws).

Remember, it's not so very long ago that when you submitted your tax return each part of it, or schedule, would be dealt with by a different official so that no one person could actually gain a picture of what you were worth. We need to return to that culture. Modern technology is great stuff, or it can be. But at the moment the culture seems to be to assume that systems ought to be intrusive rather than actively looking for ways as part of systems specifications to maintain the benefits of fast modern communications and data (for there are many) whilst not being intrusive. Witness the debate about road pricing - "eye in the sky spies" or "black box" systems that don't need to transfer data about your movements, only about your overall journey for the purpose of billing.

Would it grind government to a halt? Perhaps, though in saying that the former tax regime was entirely paper based and so much more troublesome and it didn't exactly collapse then and banks and other large data processing organizations use similar technology and still operate reasonably efficiently. Would government grinding to a halt be a terribly bad thing in any case I wonder?

But, whether the data is about criminals, child benefit recipients or recruits to the armed forces, this current government has proven itself utterly incapable of managing data, or perhaps just contemptuous of our rights. Personally, I doubt any other party's government would be doing much better - contempt for the citizen is embedded in Whitehall and Westminster, but Straw and Smith should resign over this latest data loss immediately. Resign and be tried as any data controller be would with such brazen data losses under their watch. Enough is enough. These bastards need to get out of our lives, or perhaps some day we will collectively decide we need to make them butt out, forcibly.

UPDATE:  My boss just pointed me to this article in Computer Weekly about Lib Dems calling for data commissioners to protect data about the public.  I'm not sure it's anywhere near adequate.  The liberal response should be, of course, to reduce the quantities of data first by being ruthless about who needs to store any data about us, but I can't see a data commissioner, even one for every database, will be any more effective than the current DPA regime of a responsible Data Owner who can be prosecuted for failure to comply with the act.  Clealry government departments need to be held responsible in the courts, with individuals answerable, just as they are in other organizations.  And at the top of the tree comes the minister concerned.  It is not technology that is at fault but a lax attitude to how that technology should be used that matters.  We need to change the culture such that databases are designed from the bottom up toassume, essentially, that the data subject is the one who by default has access not the data owners.

...but I didn't speak up because I was not in jail.

(with apologies to Pastor Martin Niemoller)

Now it seems "mens rea" is at risk in the British legal system. In a case highlighted in the British Journal of Photography an academic at Sheffield University who ran a legitimate business in his spare time creating artsy photographs of models and children to make them look like fairies by superimposing images on each other (I know, I can't quite imagine it either, but presumably to make them look ethereal - and he has exhibited such work in local art shows and so on) has been convicted of making indecent photographs of children and sentenced to 150 hours' community service.

Parents of two girls commissioned the work and were in the studio with them most of the time, and were happy with the work, but he was shopped by staff at the film processing company, his home raided and his computer confiscated. Even the judge told Dr Marcus Phillips that he had 'always acted perfectly properly', adding that it was clear Phillips 'had no base motive, no sexual motive and there was not any question of deriving sexual gratification' from the work. The Judge also commented that the parents of the children were 'perfectly law-abiding, sensible people who cared for their children'.

You can read the rest of the story at the BJP website.

Now, apart from being a stark reminder of the over-hyped panic over photographing children that has meant people are scared even to take photos of their own kids' important moments such as school plays and sports, I always thought that there was a test called "mens rea" in English Law in which the intent of the perpetrator of an action was taken into account - you have to intend to commit a crime as well as actually carry out the criminal act. Also, I thought we had a sentence available called an "absolute discharge" which it seems to me from the judge's comments would have been more appropriate in this case. Have both of these concepts gone? Where? And when?

It seems you no longer have to intend to commit a crime, let alone know that your actions could be criminal, to be convicted and sentenced, and no doubt with a case like this involving children, have your reputation and possibly career torn to shreds. Which seems to me to be a pretty serious erosion of our legal rights.

Earlier this evening I found a quotation by Clement Atlee about Habeas Corpus on the Total Politics political quotations database:

"The real test of one's belief in the doctrine of Habeas Corpus is not when one demands its application on behalf of one's friends but of one's enemies."

It must be even more important to preserve our right to be judged by our intentions; there are all sorts of situations in which people could be committing a crime unknowingly and harming nobody in the process.

Hat Tip to the Libertarian Alliance Yahoo Groups mailing list.

Thales, the successor to Thomson CSF, has won the first contract to start the design process for the National Identity Register which will be the more sinister side of the whole ID card system. For those of us committed to opposing ID cards and the NIR at every opportunity and wanting a way to boycott suppliers this presents a challenge. Many of the possible suppliers of course are not ones with big "brand names" you can easily boycott. Thales itself is mostly a government contractor, making war machines. And they are nearly a quarter owned by the French state. Both of these in my opinion make their appointment even worse (not because it is French, per se, but because it is partly controlled by a foreign state, however currently friendly that state may be).

But they do make, through their Thomson media subsidiary, a few things we can target. They are, for example the largest or perhaps sole supplier of the BT Homehub kit (and its equivalent from Orange). They also do an awful lot of facilities stuff for film, advertising and television (they own the Thorn EMI filming facilities firm), but it will always be quite difficult to find out which programs, films or advertisers are using them.

So the main real consumer product they can be identified with is Homehub. So, if you happen to be a BT subscriber and use one of those sexy boxes, maybe it's time to switch your communications provider?

(They also make set-top digital TV boxes and DVD equipment if you want to do some more digging around).

...to think that, in a few short weeks , it looks possible that party activists of all political colours will be expected to trudge the streets once again asking people to believe a lot of spin, unachievable promises and heartfelt apologies and vote for for a "change", or maybe that should just be "vote, for a change".

Actually, I tell a lie, it doesn't completely overwhelm me. Sometimes there is a little frisson of excitement at the possibility that the people of Britain might just once collectively call time on this comfy carousel of political clap-trap. Just say no! as the song went...

No, Gordon! No, Dave! No, Jack, Hillary, Harriet or whoever! No, not even you Nick!

We've had quite enough for these past decades, nay centuries, of being shunted up the gary glitter by folk who think they know better than us but whose ambitions so clearly exceed their abilities.

What would happen if we all got up one "Good Morning" Polling Day and simply voted "no"? At what point would the Westminster clique conclude they had completely lost our confidence and call a halt to their corruption and crookery? Or at what point can we refuse, with impunity, to submit to their authority?

And then, how do we create a new, bottom up, rather than up its own arse, democracy? This has much to commend it.

If, as the media and certain politicians seem to want us to believe, we have a "broken society " (whatever on earth that might actually mean), surely it is just reflecting how "broken" its leadership, government, has become. And I don't mean just the current Labour government. I mean government as an institution, even our democracy itself, if you will.

The state and its agents and those who act with its protection have routinely perpetrated force, violence and coercion, against their own citizens, against other countries, for aeons. The whole model is based on us surrendering some of our personal sovereignty. Some would no doubt rather say "pool" than "surrender" but look around you; "pooling" implies much more of a consensual relationship than reality attests to.

From cradle to grave, as they once promised, the state imposes itself on our lives and choices by more or less coercion. From compulsion in education, via criminalizing consensual or victimless behaviour (even thoughts and opinions) and right through to prosecuting wars "in our name", commanding our young men and women to kill or be killed. And most of all perhaps through taxation - it never hurts as hard as on the pocket!

In turns the state seems to infantilise and nanny us, to absolve us of personal responsibilities, and then, moralizing, blame us for all our own ills. Those who would rule us cynically play on our fears and talk up our aspirations according to their need to gain and retain power. And a tiny minority of us in our broken system can make or break that power for them, so have disproportionate influence over our fellow citizens.

That this has always gone on need hardly be stated. The biggest mystery, as Milton Friedman said, is why human-kind seems collectively to submit to authority - especially remarkable really when you consider that every step of human advance has actually arisen from someone stepping beyond the current conventions, bending the rules, exceeding the norm.

Supposedly benign regimes create instruments to comfort us, to fool us into thinking they are prepared to limit their own authority, whether we call them Geneva Conventions, Human Rights Acts or Data Protection, and then seem to break their own principles when it suits them, call it Guantanamo, pre-charge detention and control orders or ID cards and state databases.

It is often said that ("successful") politicians display many characteristics of psychopathy. How much more "broken" can we get than to submit ourselves to being ruled and represented by smooth talking, self centered, pathological liars? How much more scary than that such people have their hands on both our wallets and on the nuclear triggers? Is it any wonder that life on some of our streets can be vicious?

Apparently the Data Protection Act turned ten years old on Wednesday, according to El Reg. But you'd be forgiven for thinking it never existed, or has been repealed, given all the recent stories of data loss by, of all organizations, the government, and the newer suggestions that all our DNA, phone and internet communications records, should be in a database, forever, and instantly accessible to any accredited official (I won't say "qualified" because I suspect they won't be) with an easily contrived excuse.

Fortunately, the Information Commissioner, Richard Thomas, stands between the state and its ambition to know everything there is to know about its citizens and what they do, consume, learn and who they associate with. But with such a lax attitude to their own obligations under their own Data Protection laws somehow I doubt Mr Thomas will be heard, let alone listened to.

My attachment to a few home comforts prevents me from becoming a survivalist type, and I am too much of a coward to be a martyr. But I do seriously consider at times whether there is a way to opt out of this inexorable creep of the surveillance state. Emigration? Where would be any better though I wonder? Switzerland maybe, but I doubt they'd have me.

And I just do not understand why so many people, it seems from my view anyway, are able passively to accept this state encroachment into our lives. I know plenty who do not even see it going on. Why on earth is it any more acceptable say, for the state to know about all your telephone calls or emails than it would be, say, to open every posted letter somewhere in the postal system, or, creepier still, have someone follow you so they can check out who you talk to in the street or who you visit? I'm sure there have been times when this ability is exactly the reason why the Royal Mail existed - for intelligence purposes - and with a monopoly too, mind you, though in the popular conscience the Royal Mail, USPS and other national mail services are actually supposed to be trusted guarantors that nobody should tinker with private correspondence with impunity.

Of course, such surveillance of physical media communications or personal movements would be impractical on a mass scale whereas electronic communications tend to leave tracks for all sorts of (usually business) reasons. But "just because we can", just because massive scale monitoring is now feasible and manageable with electronic communications does not mean we should. I have a contract with a phone company, and the data even they keep should be limited to as little, and for as short a time as necessary, as needed to deliver me the service they promised. And indeed, that is core to the principles behind the Data Protection Act.

No doubt they will all say that you can breach those principles "in the national interest" or whatever. But at the very worst, such a situation should be the exception and not the rule, and should be subject at all times to proof of probable cause via judicial oversight. After all, the "national interest" could, and usually will be, what the government of the day decide it is if it is left up to them and their agents. I always have a rueful smile when I recall that for years each part of your annual tax return would be dealt with by a different Inland Revenue clerk so that no one government official would actually know what you earned in total. Can we ever hope to resurrect such a level of government respect for our privacy?

I'm not sure I believe any longer that grand government database and surveillance projects do originate in a genuine desire to do something good. I just think it is an innate trait of government and power to want to have as much information about those over whom they wield power or those on whom they are dependent for power as they possibly can. Acton's dictum is writ large in the creep of the surveillance state: "Power tends to corrupt, and absolute power corrupts absolutely". Information brings, and sustains power.

I linked to this post at the Libertarian Party blog the other day, but if you didn't read it then, please go have a look now. It's a light-hearted look at the inconveniences that could beset the most minor activities in your daily lives if all these supposedly beneficial systems actually come to pass. Forget that "if you've nothing to hide" crap, I challenge anyone to say they would not be severely pissed off with this level of "helpful" surveillance.

Yet all of this need not be the end game, just as I am sure today there are thousands of people trying to find new ways of evading the Chinese national firewall, or make a few phone calls without being billed for them, people will continue to develop ways of keeping one step ahead of the voracious information state. Ultimately, I don't believe that the state can win against the advance of the technology. But there is a danger, if we do not start constitutionally protecting our privacy now, that the state will keep trying on any pretext they can muster, and turn truly tyrannical in their desire to control information flows.

I have no idea what problems Redruth faces with its "yoof". I have no problem with the police taking tough action to end the sort of disturbances that have been seen as the "posh kids" descend on places like Rock for the summer. But a broad brush, "voluntary" (but "we can make orders if parents do not co-operate") curfew is arbitrary and collective punishment affecting innocent and guilty alike.

Clearly "liberal" Cornwall has a different version of the Human Rights Act down there. Are we to assume that the black in the Cornish nationalist flag commemorates the death of freedom?

And now we hear that nine out of ten parents nationwide - the mainland as well as Cornwall that is - would welcome a curfew. That's okay then.

In a liberal world view government exists to temper the tyranny of the majority rather than allow it adversely to affect the lives of a minority. I suppose at least children, whether domesticated or feral, grow out of their minority status, so are only temporarily affected. That's okay then.

What a fekking nonsense. I hear one of our MPs for the People's Democratic Enclave of Cornwall actually supports this idea, not only that but the person concerned has a portfolio that deals with similar such issues nationwide. That's okay then.

In what world view is a curfew, an arbitrary and collective punishment, "liberal"?

On the plus side, all those children will be safely at home in time to see all the post-watershed violence, sex and sweariness on TV. That's okay then!