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As of yesterday, the Japanese government brought a nightmarish integrated national resident registry network system on-line called Juki Net. Privacy activists in Japan see this as an alarming tool in the hands of a state with a long history of intrusion into civil society and even some municipal authorities are uneasy about the privacy implications.
A British solicitor has been sentenced to six months in prison under the money laundering provision in the Drug Trafficking Act 1994
Not that he was actually laundering money, mind you. He ‘failed to report suspicions of money laundering’ i.e. he did not go behind his clients back to snitch him out to the authorities and he has now paid the price.
He has paid the price for not sufficiently appreciating that he has been conscripted by the government and that his first and last loyalty belongs to them. I fear he is not the last ‘draft-dodger’ to feel the wrath of the State.
‘When the Proceeds of Crime Bill goes through (it should recive its Royal Assent this week), money laundering will apply to the proceeds of any crime. The implications for the profession will be widespread.’
The Proceeds of Crime Bill will extend the current obligation to report suspicions of money laundering to cover all and any unlawful activity. And it will not be a question of what the professional adviser did know but what they should have know.
The professional classes are going to have their lives made hell and, whilst this is an undoubted injustice to the many who work hard and serve their clients interests as best as they can, there is also a raging irony and a fable here.
The professional classes have always anxiously sought the help of the State in order to establish the restrictive practices and barriers to entry upon which much of their wealth and influence has been built. The same State has now turned on them with a rapacious fury.
This should serve as an object lesson to everyone that the Leviathan may have strong arms in which to cradle you but it also has big, sharp teeth to eat you all up. And the beast cannot help its nature.
As I’ve often said before, my own political journey began to the left of the Nolan chart. One of the reasons it did not end there was the forward into the past mentaility I ran across time and again. The problem is, there are important issues at stake in the United States, issues with far more import than the assinine Politically Correct Hate Me I Was Born Here mentality.
Some of the very foundations of freedom are under threat. Rather than go into details, I suggest you read and act on these two: Lessig and Stallman and UCITA.
My message to the Left: GET OFF YOUR FRIGGIN’ ARSES AND JOIN THE 21ST CENTURY BEFORE IT IS TOO LATE!
During a phone conversation the other night I commented to Perry on the pointlessness of Apple’s decision to charge for formerly free email accounts. We’d both read an item sent us by a friend, and Perry was wondering if perhaps this is a sign of a shift to fees in many areas of the internet. Today he pointed me to this Dodgeblog item and gave my arm a severe virtual twisting in hopes I’d pass my comments on to the world.
It’s quite simple actually. Apple and others are battling for a market in email hosting just as it is about to go the way of horseshoes and buggy whips. This is perhaps more apparent to me than it would be to most since I do consultancy to data centres. My question to Perry, and to anyone else is “In a world where broadband into the home is common, why on earth would anyone leave their email hosting in the hands of a distant large corporation?” Or even a nearby small one for that matter!
It really hasn’t sunk in to the heads of most people yet that broadband to the home means much more than the opening of a huge market of passive consumers. It’s many to many communication, not one to many like television, radio and the movies. The internet is not just a new mass media. It is a total bypass of central control.
For a few hundred quid today and probably less tomorrow, I can put in a Linux firewall; I can run my own email and web hosting for my family photos from home; I can connect with my laptop from anywhere in the world through a secure encrypted virtual tunnel. All with trusted, vetted, peer-reviewed open source applications.
So I ask again. Why exactly should anyone care if companies start charging for email hosting? It will just drive the market towards home internet appliances. In a very few years the rest of you will be recieveing your PGP encrypted email over SSL connections into your own secure server where it is stored on an encrypted disk.
It’s not science fiction. A lot of us are already there.
The British government’s maniacal desire to transform this island into a Police State grows by the day. Our dear old friend, the State ID card, made another appearance on Wednesday, the pet scheme of Home Secretary (interior minister) David Blunkett. What is encouraging is that media coverage in the press and television has so far given full rein to objections to such a monstrous proposal from the likes of privacy campaigner Dr. Simon Davies of Privacy International and other civil liberties groups. In the press, even the relentlessly pro-corporatist ‘on-message’ Financial Times gives the ID card idea a skewering in its editorial pages, although it focusses as much on the practical arguments against as ones of principle.
Now I may be getting carried away here, but I cannot help thinking that the current wide coverage of hostile views to ID cards has something to do with the commendable work by libertarians to take a stand on this issue. The privacy meme is out there, and we helped achieve that. But we have to keep up the pressure and make a stink about this latest proposal. And it is worth noting that this is the kind of issue where libertarians, misleadingly bracketed as being on the political ‘right’, can linkup with sympathetic souls on the ‘left’, and maybe even sow some other libertarian seeds in the process.
 When the state watches you, dare to stare back
Last month, U.S. Attorney General John Ashcroft acknowledged that privacy is a central concern for e-businesses and individuals alike and announced the appointment of a new Internet privacy aide within the office of the Deputy Attorney General, who will be charged with the protection of consumer rights on the Net. Other than customer service, no single issue has hampered the growth of online business more than public perception of Internet businesses compromising in the privacy of individuals. Although new privacy aide’s initial assignments will apparently be focused on the FBI’s controversial “Carnivore” e-mail surveillance system, Ashcroft’s decision apparently signals the government’s recognition of personal privacy online as an national priority.
Or does it?
On May 30 John Ashcroft also gave the FBI expanded authority for its agents to monitor Internet chat rooms, Web sites, and commercial databases in search of clues to suspected terrorist activities; and to initiate inquiries at libraries and other public places without a warrant or even the need to show that a crime was committed. The new guidelines allow the FBI to send undercover agents to any event “open to the public”—including political gatherings and places of worship—to look for signs of terrorist or criminal activity. The agency will also be able to collect information on consumers through magazine subscriptions, book purchases, charitable contributions, and travel itineraries.
The new powers clash dramatically with the obligation of public libraries to maintain the privacy of their records, an issue that caused consternation when the FBI confiscated library computer records following the terrorist attacks of September 11. And last month Mr Ashcroft said something to the effect that churches, libraries and the Internet are public places where law-abiding citizens should have no expectation of privacy.
I have voiced my objections to such powers wielded by a government agency in a previous posting. It was encouraging to see that P.J. Connolly of InfoWorld takes issue with Ashcroft’s position that people have little, if any, expectation of privacy in public places.
“I don’t know about you, but I insist on a certain amount of privacy in public places. I don’t let store clerks recite my credit card numbers over the phone if their swipe terminals malfunction. I certainly don’t let people get too close to me when I’m using an ATM. You can bet that I want to know why someone wants my Social Security number, driver’s license information, or anything that I consider my business and no one else’s. If I don’t insist on the same degree of privacy in my Internet transactions, I’m asking to get robbed.”
He also admits to being ‘a conflicted libertarian’ (small ‘l’) who doesn’t trust any governmental institution that he can’t walk to and challenges his audience:
“Spare me your e-mails claiming that the war on terrorism requires that we give up our freedoms and similar drivel…. I do want to know how many of you think what you ordered from the online grocery or pharmacy is the government’s business, absent any crime being committed. Depending on the response I get, I may need to redefine what it means to be an American.”
That’s the spirit. Together with yesterday’s postponement, and hopefully amendment, of the Regulation of Investigative Powers Act (RIPA), it is a positive blip in the battle against the steady erosion of personal freedoms by the state. 
The widely reported attempt by the state to extravagantly expend the list of state bodies with access to e-mail and telephone intercepts has been withdrawn in the face of strong cross-party opposition from politicians with a modicum of respect for at least the fiction of civil liberties.
However it is very important that people not judge the government just by the laws it has passed but by the laws it has tried to pass. The Regulation of Investigative Powers Act (RIPA) is bad enough as it stands without the latest astonishing power grab by the state, yet it shows once again if anyone doubted it that no matter what the state says about its modest intentions when taking upon itself new powers, the belly of Leviathan is filled with an insatiable hunger for more.
Bob Ainsworth, the Home Office minister is using The Big Lie technique to claim this is not in fact about crushing civil liberties but ‘protecting’ us all, so do not kid yourself that the advocate of a Panopticon Britain will give up so easily. What we need protection against is the British state or we will soon have a system of pervasive surveillance and intrusion that rivals that of the INS and IRS in the United States. Tony Blair was not joking when he promised to bring us ‘joined up government’. The line being drawn between those dots being joined up runs through the centre of our lives.
 When the state watches you, dare to stare back
This letter not just to, but in, today’s Daily Telegraph is worth reproducing in full. Its relevance to earlier posts here about “joined up government” is obvious.
Re: Government assists sinister Euro plans Date: 13 June 2002
SIR – The Government intends to give public sector bodies the capacity to find out what we access on the internet, who we e-mail and who we phone.
This is part of a broader drive by the European Union to give its fledgling police force, Europol, the capacity to accumulate information on all EU citizens. The Europol Convention gives that organisation the right to keep a database of information on any individual, including “sexual orientation, religion or politics”. Europol was also charged last August by the Council of Ministers with adding the names of “troublemakers” to the Schengen Information System, so they could be “tracked and identified” with a view to preventing them leaving their home countries shortly before major EU summits.
Under the existing EU Convention on Mutual Legal Assistance, Europol and any national police force can request information on any citizen living in another member country. The legislation being introduced by the Government will greatly assist this sinister process.
On May 30, the European Parliament voted for a new directive granting the police and others the powers referred to above. The Labour leadership instructed its MEPs to support a measure that, until recently, the group had rhetorically opposed. Only Arlene McCarthy abstained. The Tories also voted for it, with the honourable exception of Lord Stockton. To their credit, the Greens, the Lib Dems and UKIP voted against it.
From:
Marc Glendening, Democracy Movement, London SW6
Marc Glendening was one of the speakers at that Liberty Conference we’ve been going on about. According to what people said to Chris Tame, who was also a speaker but didn’t hear Marc’s talk, it was extremely good.
For as long as I can remember, every change of importance imposed upon Britain by its political rulers has been (a) something to do with European integration, but (b) announced without the European Union being so much as mentioned. This joined-up government crap seems to be no exception to that rule.
Orwell’s vision of a Big Brother state that knew everything about everyone had, over the past five years, finally borne fruit. And it was a strange fruit, fertilised largely by computer scientists’ urge to do things the Right Way. At last, they had managed to get government to adopt universal standards that allowed the free exchange of data between official computers. And thus they had overcome the bureaucratic friction that had always been freedom’s invisible friend.
According to an article by Mike Holderness in New Scientist (May 25, subscription necessary, home page link only) it is compatibility of government databases that will destroy privacy, not surveillance. A standard definition of privacy, by Alan Westin, professor of public law at Columbia university, is ‘the right to control how much information other know about you’. The existence of a unified database, linking let’s say the Inland Revenue, Social Services, the County Court Service, the Passport Office, airline booking computers, Driver and Vehicle Licensing Agency and the National Criminal Intelligence Service, oh, and health information database, would mean that few people could keep any important secrets from the British government. For decades it had collected a great deal of information. Each time it gave itself powers to collect more – the Regulation of Investigatory Powers (RIP) Act 2000 and the Anti-terrorism Crime and Security Act 2001 – civil libertarians had warned about the disappearance of privacy. But it was the gathering together of all this data, not its existence or deficiencies in the technology limiting access to it, that threw the whole notion of privacy into question.
Mike Holderness points out that the unification had been made possible by the development of XML, the Extensible Markup Language, described as ‘ the universal format for structured documents and data’. In November 2001, E-envoy, part of the British government’s Cabinet Office, mandated XML as the key standard for data integration.
“The best defence of our privacy until now has been that government departments are fed up with paying contractors oodles of money to produce custom-built links between databases that are five year late. XML solves that technological problem, because it allows a simple ‘wrapper’ to be built around each database to a standard specification.”
Although the Information Society Forum, which is charged with advising the European Commission on such matters, has recommended in January 2000
“Privacy and anonymity are human and citizen’s rights. They are vital to citizens’ and consumers’ trust in the working of the information society. People must have control over the use of their personal data. They must feel free to communicate without being subject to permanent surveillance.”
I wonder how much more it will take for the public concern for privacy and anonymity to rise… I think our only hope is that bureaucratic inefficiency will not let us down. Let’s hope that as various blunders such as coincidental misidentifications cause misery to individuals with increasing frequency, the public realisation of how much and who exactly is watching them will increase too.
The New Scientist article is laced with a narrative, which is a brilliant illustration of the point. Given the restricted access to the original article I reproduce the story below:
Wednesday 2 May 2007 will always stick in Professor Max Buttle’s memory. He was about to leave for a conference in Berlin, but was detained by the arrival of the US secret service. Three debt collectors, a social worker and a court bailiff were also anxious to talk to him. The arrival on Buttle’s doorstep of a district nurse with urgent news about his cervical smear test saved the day. Clearly he wasn’t the woman they were all after.
He could see why the secret service agents were jumpy, though. The previous day had been dubbed “Weird Tuesday”. Terrorists calling themselves the Atheist Revolutionary Fundamentalist Front had laced Wall Street’s water supply with hallucinogens. The dollar’s exchange rate against the euro had briefly been an imaginary number. And that evening, a suspected atheist had been seen getting into a friend’s car outside a derelict house in North London. A police-woman’s helmet-cam fed its image to the DVLA computer. It recognised the number plate as Buttle’s. The computer instantly cross-checked with other government agencies, which contacted the American authorities.
What Buttle would never discover – because it was officially secret – was the conclusion of the internal inquiry into the disappearance of Ms Max Tuttle, suspected atheist. The helmet-cam pictures clearly showed a moth alighting on the number plate at the crucial moment.
In the end, Buttle got off fairly lightly. Once he’d come to official attention, however, he faced a tax audit in the course of which his wife learned of an expenses claim for a stay in Bonn when he was supposed to have been in Barcelona.
He is now single.
Here we go again… ever-expanding government surveillance powers and reduction of privacy as part of the drive for greater security. This time it is the US government digging deeper into the Web to capture and corral more of our digital detritus in the name of fighting terrorism.
The new FBI guidelines currently examined by the Senate Judiciary Committee would give federal investigators new licence to mine publicly available databases and monitor Web use. Civil liberties advocates warn that last week’s proposal is the latest step along a worrying path back to the 1950s and ’60s – days when investigators compiled dossiers on innocent American citizens based on their religious and political practices. FBI guidelines from Attorney General John Ashcroft and FBI director Robert Mueller would allow field agents to gather information outside of criminal investigations, relaxing regulations set in the 1970s. Those rules, named after then-Attorney General Edward Levi, barred the FBI from attending political meetings unless they had a reasonable suspicion that a crime was being planned.
The new rules, by contrast, would authorise field agents to attend public meetings freely and request warrants with less interference from the main office. In addition, they would allow the FBI to monitor public Internet sites, libraries and religious institutions. Jim Dempsey, deputy director of the Center for Democracy and Technology protests:
“I hate to be in a position of telling people ‘don’t go online and speak’ or ‘watch what you say,’ but you have to take from this that on an arbitrary basis, the FBI is going to be tagging people as terrorists based on what they say online,”
Well, actually, I am not sure what is wrong with that. Your mother told you (or should have told you) not to speak to strangers and be careful about what you say in public. And the Web is a public place whether because of its interconnected structure or because no communication is entirely secure and therefore private. I do want to be able to say what I want and where I want, as that is the most immediate and tangible demonstration of my individual and personal liberty. But at the same time, I also want the government that takes my money in order to ‘protect’ me to pay attention to any communication containing information about an event that could jeopardise my security, life and property.
So the same reforms can be seen as a long overdue end to restrictions that have hobbled investigators and denied them access to research tools available to anyone with an Internet connection. Intelligence failures in the FBI and CIA have come under the spotlight (and fire) amid new questions over who knew what in advance of 11 September suicide hijackings, which left more than 3,000 people dead.
I can imagine the phalanx of hard-core anti-statist libertarians bristling with indignation at the mere suggestion that I might consider any legislation that expands law enforcement’s ability to monitor communications anything but an infringement on privacy and individual liberty. Despite my sound libertarian track record on these issues (see related articles below), I would like to explore this issue further.

It seems to me that the problem is not merely removing restrictions on investigators to monitor, gather and analyse information. Surely, amassing and making use of publicly available information with research tools available to anyone does not constitute abuse of powers …or does it? The difference between Joe Bloggs carrying out his equivalent of obsessive monitoring of other people’s communications and the FBI’s agent J.B.1984 is that whilst the former cannot do much with it (unless he is a cyber-freak villain in a Hollywood movie), the latter has access to considerable resources and monopoly on force that enable him to act on it. On the other hand, isn’t that what the US citizens are paying him to do?!
The issue here is not just what information is collected, by whom and for what purpose but the nature of the state and its authority. We don’t trust the state and its agencies to use the information for the designated purpose, i.e. our security and protection. We fear that information will instead be used for other purposes, namely, to increase the state’s hold on its citizens. There is no guarantee that after the crucial information about the terrorist plans has been extracted from the monitored data, the information about our private lives, incomes, interests etc, will be discarded. National security has always been used as a cloak for such exercise and it was mainly the US judicial system embedded firmly in the US Constitution that provided some recourse for the most flagrant breaches of individual liberty by the state.
So what is to be done, campaigned for or against, and posted on this blog? The usual stuff – discussions about the state and the legitimacy of its authority and powers, the limited or no government and most of all how the state has expanded beyond any justification. And so although I am willing to grant the state legitimate authority for the purpose of external (army) and internal (police) security in theory, I do not trust the state in its present practice. I will therefore continue writing about the issues of privacy, security and its impact on individual and civil liberties.
 When the state watches you, dare to stare back
This (in the New Scientist and which was posted last Saturday on the Libertarian Alliance Forum) is really a story for expert Adriana to comment on, but it sounds good on the face of it.
Computer activists in Britain are close to completing an operating system that could undermine government efforts to wiretap the internet. The UK Home Office has condemned the project as potentially providing a new tool for criminals.
Of course it could just be that the Home Office is writing it, and wants to round up lots of would-be secret persons into one pen, so that it can snoop on them all with greater ease, and save itself the bother of trawling through the emails of all the people like me who don’t give a prune about secrecy.
It will come as no surprise to anyone who habitually reads British newspapers that the state likes the idea of being able to intercept any and all of your communications on the Internet. Well it just so happens that some people are not going to roll over for the government and play ball. Just as the state comes up with new technological ways to spy on its subjects (i.e you), those same subjects are finding ways to prevent them from doing so.
Mathematician Peter Fairbrother simply refuses to just accept the Draconian powers that the state has taken upon itself via the Regulation of Investigative Powers Act and is developing M-O-O-T, an integrated privacy system that you just pop in your PC or Mac at startup. As it uses off-shore key storage, the user can rest safe knowing that the British state cannot get access to your sensitive data at a whim. Bravo!
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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