What would they do with the data?

The Conservatives and the security services are ramping up the propaganda for the digital panopticon, now particularly pressuring US-based social network companies to give up their quaint ideas of privacy. If you’re not with the snoopers you’re with the terrorists and the paedophiles.

“Terrorists are using the internet to communicate with each other and we must not accept that these communications are beyond the reach of the authorities or the internet companies themselves,” [David Cameron] told MPs after the report was published.

“Their networks are being used to plot murder and mayhem. It is their social responsibility to act on this.”

This refers to the government report on the murder of soldier Lee Rigby by an Islamist extremists Michael Adebolajo and Michael Adebowale, that accuses Facebook (not by name — the name of the company was only leaked to the press, for some reason) of failing to inform the security services that they had been carrying on conversations about plans to murder a soldier on Facebook.

Try this out with regard to telephone service: If criminals were found to have plotted a killing on the telephone — not that such things ever happened before there was Facebook — would that be taken to prove that the telecoms are responsible for monitoring the content of every phone call? What about the post? What if they didn’t use electronic media, but fiendishly took advantage of the fact that there is currently no electronic surveillance in everyone’s bedrooms?

Why aren’t the security services who have been downloading all of our communications, including everything on Facebook, supposedly to protect us from terrorism, responsible for detecting the terrorist chats?

Those who see no problem with the collection of vast quantities of private data by various security services, or who see it as a necessary evil, tend to assume that Western democracies can ensure through legal structures that the information is used in the public interest, in the defence of democracy. Others believe this is naïve. There is nothing about Western democracy that nullifies the basic truths of humanity, and how people respond to the temptations of power.

If you are having difficulty imagining what our wise and good protectors in the security services might get up to if they had access to a complete collection of correspondence, maps of contacts, purchasing history for everyone in the country — indeed, for most of the world — consider this historical affair that has recently been in the news: Continue reading “What would they do with the data?”

The men in the white vans

Should I be surprised that after living in this country for seven years there’s still a lot that I don’t know about the culture? I was genuinely confused by the furorethat led to the drumhead expulsion of Emily Thornberry from the Labour shadow cabinet, following her tweeting this picture.B25NbWHIUAAJxsy.jpg-largeThere was no text, other than a note that this was from Rochester yesterday, where the anti-immigrant UKIP was expected to win a by-election. Yet, everyone seems to agree that publishing this photograph shows elitist contempt for the good people of Rochester. It’s not clear that anyone can explain it to me either. Ed Miliband told the press

Asked what reaction he felt when he saw such an image, Mr Miliband said “respect”. He added: “I thought there was nothing unusual or odd, as her tweet implied, about having England flags in your window. “That’s why I was so angry about it and that’s why I think it’s right that she resigned.”

Now, granted that Ed Miliband is not the most eloquent speaker, or the most coherent thinker, but if his reaction to the image was “respect”, and that “there was nothing unusual or odd”, how did the tweet imply that it was unusual or odd? It reminds me of the joke about the woman who rings the police to complain about the man who regularly walks by her house whistling dirty tunes. (It’s a bit of a “protests too much” response, since it is surely a bit odd to have two very large flags hanging on the house, one of which is completely blocking a window.)

Part of the response seems to follow from the stereotype that hovers around the white van in the driveway, which I had never heard of, but according to Wikipedia the driver is

perceived as selfish, inconsiderate, mostly working class and aggressive. According to this stereotype, the “white van man” is an independent tradesperson, such as a plumber or locksmith, self-employed, or running a small enterprise, for whom driving a commercial vehicle is not the main line of business, as it is for a professional freight-driver.

Association by guilt

Guilt by association — you’re friends with a terrible person so you must also be one — is generally recognised as a pernicious logical fallacy. But what should we call this comment by Israeli Foreign Ministry spokesman Paul Hirschson, explaining why Norwegian trauma surgeon Mads Gilbert has been banned from returning to Gaza after he made critical remarks about the Israeli military activities this past summer? Dr Gilbert, he opined, is

not on the side of decency and peace and he’s got a horrible track record. I wouldn’t be surprised if his acquaintances are among the worst people in the world.

In other words, he’s a terrible person, so I’m sure his friends are too. Is this association by guilt?

Holes in the Brussels underwear

One felicitous phrase that has long stuck in my mind, and even substantively affected my thinking, came at the end of an essay by Garrison Keillor, on the social value of hypocrisy. He told of a small town that lost multiple upstanding citizens, including the minister, to serial revelations of adultery. “Sinners are more important to a town’s economy than saintly people are, and they are better citizens. A gnawing sense of guilt makes them more willing to serve on committees.” He concludes with a paean to the communities built by

people with enough holes in their underwear to make them careful crossing streets.

I wonder if EU Commission president Jean-Claude Juncker may be just such a person. The Commission is under pressure to take action against tax avoidance schemes. He is being attacked by some for his role in making tax fraud the driving engine of the Luxembourg economy during his many years as prime minister. His embarrassment has become particularly acute since investigative journalists recently published secret Luxembourg government files on corporate tax affairs. But maybe this makes him just the person to oversee the cleanup. It’s not just the “takes a thief to catch a thief”, knowing-where-the-bodies-are-buried qualification. It’s that he’s sufficiently embarrassed by his past misdeeds to be seeking redemption through honourable work, and he knows that whatever he does will receive an extra measure of scrutiny.

While I’m on the topic, I just want to mention again how irritating I find the disclaimers that always appear in articles on this topic, that “These arrangements… are perfectly legal.” This is wrong for two reasons:
1. Often the laws pertaining to international tax arrangements allow certain transfers to be made for valid business reasons, but not for the purpose of avoiding taxes. Now, they are structured in such a way as to make it impossible to prove that tax avoidance was the purpose, so they can’t be convicted in court, but that’s different from “legal”. As I commented before, it’s like pushing someone off a cliff when no one else is around. No one can prove that it was murder, but that’s different from it being legal.
2. These arrangements are extremely complicated. Their legality depends upon the precise details of how they are structured. This means that only a very careful analysis of the details can determine whether they are indeed legal. What the journalists have found out is that Luxembourg basically rubber-stamped the reports, suggesting that the details have not been authoritatively vetted by anyone. If someone is making good-faith attempts to comply with the law, then it seems fair to treat the result as presumptively valid. If, on the other hand, he is making every effort to evade the intention of the law through technical compliance, then it seems fair to judge only the technical accomplishment of the task, and hammer him for any technical error, even it’s just a misplaced comma.
Live by the technicality, die by the technicality.

Is it better if they spy accurately?

There’s a fascinating article in the Guardian about how Berlin has become a centre for “digital exiles”, people — mainly Americans — whose online activism has put them in the crosshairs of various security services, leading to low-level harassment, or occasionally high-level harassment, such as this frightening story

Anne Roth, a political scientist who’s now a researcher on the German NSA inquiry, tells me perhaps the most chilling story. How she and her husband and their two children – then aged two and four – were caught in a “data mesh”. How an algorithm identified her husband, an academic sociologist who specialises in issues such as gentrification, as a terrorist suspect on the basis of seven words he’d used in various academic papers.

Seven words? “Identification was one. Framework was another. Marxist-Leninist was another, but you know he’s a sociologist… ” It was enough for them to be placed under surveillance for a year. And then, at dawn, one day in 2007, armed police burst into their Berlin home and arrested him on suspicion of carrying out terrorist attacks.

But what was the evidence, I say? And Roth tells me. “It was his metadata. It was who he called. It was the fact that he was a political activist. That he used encryption techniques – this was seen as highly suspicious. That sometimes he would go out and not take his cellphone with him… ”

He was freed three weeks later after an international outcry, but the episode has left its marks. “Even in the bathroom, I’d be wondering: is there a camera in here?”

This highlights a dichotomy that I’ve never seen well formulated, that pertains to many legal questions concerning damage inflicted by publication or withholding of information: Are we worried about true information or false information? Is it more disturbing to think that governments are collecting vast amounts of private and intimate information about our lives, or that much of that information (or the inferences that also count as information) is wrong?

As long as the security services are still in their Keystone Cops phase, and haven’t really figured out how to deploy the information effectively, it’s easier to get aroused by the errors, as in the above. When they have learned to apply the information without conspicuous blunders, then the real damage will be done by the ruthless application of broadly correct knowledge of everyone’s private business, and the crushing certainty everyone has that we have no privacy.

It’s probably a theorem that there is a maximally awful level of inaccuracy. If the information is completely accurate, then at least we avoid the injustice of false accusation. If the information is all bogus, then people will ignore it. Somewhere in between people get used to trusting the information, and will act crushingly on the spurious as well as the accurate indications. What is that level? It’s actually amazing how much tolerance people have for errors in an information source before they will ignore it — cf., tabloid newspapers, astrology, economic forecasts — particularly if it’s a secret source that seems to give them some private inside knowledge.

On a somewhat related note, Chris Bertram at Crooked Timber has given concise expression to a reaction that I think many people have had to the revelations of pervasive electronic espionage by Western democratic governments against their own citizens:

 It isn’t long since the comprehensive surveillance of citizens… was emblematic of how communist states would trample on the inalienable rights of people in pursuit of state security. Today we know that our states do the same. I’m not making the argument that Western liberal democracies are “as bad” as those states were,… but I note that these kinds of violations were not seen back then as being impermissible because those states were so bad in other ways — undemocratic, dirigiste — but rather were portrayed to exemplify exactly why those regimes were unacceptable.

 

Billions, schmillions: Immigration edition

The Telegraph writes in big text

New report shows immigration over the Labour government years cost the public purse billions of pounds, while recent migration from inside Europe generated a £4 million surplus.

Then, in the main article, the study found

that recent immigration from Europe – driven by the surge in arrivals from eastern European – gave the economy a £4.4 billion boost…

More billions schmillions.

“Networks of choice”

I’ve commented before on the brilliant satirical sketch from the 2008 US election campaign, in which John McCain’s campaign staff discussed an ad accusing Barack Obama of proposing tax breaks for child molesters. “Did he really do that?” asks the candidate. “He proposed tax breaks for all Americans, and some Americans are child molesters” was the answer.

Last year, Home Secretary Theresa May applied this joke structure to the abuse of anti-terror laws to attack press freedom. Now the Guardian reports that the new director of GCHQ Robert Hannigan is keeping up this satiric tradition. He

has used his first public intervention since taking over at the helm of Britain’s surveillance agency to accuse US technology companies of becoming “the command and control networks of choice” for terrorists.

Fortunately, since it’s just the terrorists who prefer using Google and Apple and Facebook and Twitter they’ll be easy for the security services to target. The honest people are presumably all using the upstanding high-quality British online services. Because they have nothing to hide.

What does it mean, by the way, that the Guardian calls this a “public intervention” (rather than a speech, as other political figures are described as delivering)? It sounds ominous.

The force of “overwhelming”

The New Republic has published a film review by Yishai Schwartz under the portentous title “The Edward Snowden Documentary Accidentally Exposes His Lies”. While I generally support — and indeed, am grateful — for what Snowden has done, I am also sensitive to the problems of democratic governance raised by depending on individuals to decide that conscience commands them to break the law. We are certainly treading on procedural thin ice, and our only recourse, despite the commendable wish of Snowden himself, as well as Greenwald, to push personalities into the background, is to think carefully about the motives — and the honesty — of the man who carried out the spying. So in principle I was very interested in what Schwartz has to say.

Right up front Schwartz states what he considers to be the central dishonesty of Snowden’s case:

Throughout this film, as he does elsewhere, Snowden couches his policy disagreements in grandiose terms of democratic theory. But Snowden clearly doesn’t actually give a damn for democratic norms. Transparency and the need for public debate are his battle-cry. But early in the film, he explains that his decision to begin leaking was motivated by his opposition to drone strikes. Snowden is welcome to his opinion on drone strikes, but the program has been the subject of extensive and fierce public debate. This is a debate that, thus far, Snowden’s and his allies have lost. The president’s current drone strikes enjoy overwhelming public support.

“Democratic theory” is a bit ambivalent about where the rights of democratic majorities to annihilate the rights — and, indeed, the lives — of individuals, but the reference to “overwhelming” public support is supposed to bridge that gap. So how overwhelming is that support? Commendably, Schwartz includes a link to his source, a Gallup poll that finds 65% of Americans surveyed support “airstrikes in other countries against suspected terrorists”. Now, just stopping right there for a minute, in my home state of California, 65% support isn’t even enough to pass a local bond measure. So it’s not clear that it should be seen as enough to trump all other arguments about democratic legitimacy.

Furthermore, if you read down to the next line, you find that when the targets to be exterminated are referred to as “US citizens living abroad who are suspected terrorists” the support falls to 42%. Not so overwhelming. (Support falls even further when the airstrikes are to occur “in the US”, but since that hasn’t happened, and would conspicuously arouse public debate if it did, it’s probably not all that relevant.) Not to mention that Snowden almost surely did not mean that he was just striking out at random to undermine a government whose drone policies he disapproves of; but rather, that democratic support for policies of targeted killing might be different if the public were aware of the implications of ongoing practices of mass surveillance. Continue reading “The force of “overwhelming””

Default settings, encryption, and privacy

One essay that powerfully shaped my intellect in my impressionable youth was Douglas Hofstadter’s Changes in Default Words and Images, Engendered by Rising Consciousness, that appeared in the November 1982 issue of Scientific American (back when Scientific American was good), and Hofstadter’s associated satire A Person Paper on Purity in Language. Hofstadter’s point is that we are constantly filling in unknown facts about the world with default assumptions that we can’t recognise unless they happen to collide with facts that are discovered later. He illustrates this with the riddle, popular among feminists in the 1970s, that begins with the story of a man driving in a car with his young son. The car runs off the road and hits a tree, and the man is killed instantly. The boy is brought to the hospital, prepped for surgery, and then the surgeon takes one look at him and says “I can’t operate on this boy. He’s my son.” As Hofstadter tells it, when this story was told at a party, people were able to conceive of explanations involving metempsychosis quicker than they could come to the notion that the surgeon was a woman. It’s not that they considered it impossible for a woman to be a surgeon. It’s just that you can’t think of a human being without a sex, so it gets filled in with the default sex “male”. (The joke wouldn’t really work today, I imagine. Not only are there so many women surgeons that it’s hard to have a very strong default assumption, but the boy could have two fathers. On the other hand, a “nurse” has a very strong female default, so much so that a male nurse is frequently called a “male nurse”, to avoid confusion.)

Continue reading “Default settings, encryption, and privacy”

Billions schmillions

It’s no wonder the British think they’re getting a raw deal from the EU. The front page of today’s Times reports on a revision of the membership contributions of various member states. The fact that they’re asking for an extra £1.7 billion from a government that is already straining to afford even the barest crumb of tax reduction for its neediest millionaires, while simultaneously fighting to protect its citizens from the temptation of voting for a further-right anti-immigrant anti-EU party is bold, to say the least, and provides an opportunity for Cameron to pose as a red-faced half-crazed deadbeat, defending his country from being billed for services already rendered.

But then you read on a bit and find that

Last year Britain contributed £8.6 billion to the EU budget – equivalent to almost 2p on the basic rate of income tax. The recalculating of the EU budget means that Germany is about to receive a rebate of £614 million, with France getting £788 billion and Poland £249 million.

There must be champagne corks popping at the Elysée today! £788 billion would be more than half of the total 2013 government expenditure.