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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Guilty until proved innocent

It is a long time since I have contributed anything to White Rose. And it is a long time since this article by journalist and novelist Alexandra Campbell appeared, in the Telegraph, on May 14th. Apologies on both counts, but better occasional contributions and late reports of White Rose relevant material than never, I hope you agree.

This article did not just appear in the Telegraph. It was also reproduced in full, in the “last word” slot, towards the end of the “all you need to know about everything that matters” magazine (i.e. lots of good bits from all the different British newspapers) The Week, of May 29th, Issue 462. That was where and (approximately) when I first read the piece.

Ms. Campbell, on the basis of vague CCTV “evidence”, was falsely accused of a crime, and it took a scarily long time for the system to stop persecuting her.

Concluding paragraphs:

“In theory,” said Mark, “it’s innocent until proved guilty. In practice, whoever makes the allegation first is believed.”

Now that we are all picked up on CCTVs up to 300 times a day, and can also easily be identified electronically through swipe cards (health clubs, the office, season tickets, etc), there is a real risk of someone linking you to a passing resemblance on a fuzzy CCTV image and making an allegation against you.

It had taken about eight months to get to this point of the inquiry and I was terrified of enduring months’ more worry before I was cleared, but the police followed up my brother’s statement quickly and dropped the charges. However, they told me that current policy is to leave fingerprints, pictures and allegations permanently on file.

Checking subsequently with the police press office, I find that “fingerprints may not be held for more than 42 days”, but I find it scary that nobody really seems to know. I suspect our civil rights are being chipped away all the time in the name of crime and terrorism prevention.

The whole thing, I discovered, was based on a breach of the Data Protection Act. Companies using CCTV are supposed to show images only to authorised people, such as the police. The supermarket involved should never have allowed the receptionist and the credit card victim to see footage on demand. The receptionist, himself in charge of CCTV, should have known this. He wasn’t even following his own company’s code of practice, which asks staff who are suspicious of members to take the matter to a manager first. But he has done nothing illegal.

And neither have I. But while I struggle to have my records deleted from police files, he has drifted on and cannot, so far, be contacted. Nobody knows if he made the allegation out of boredom, spite, or genuine, if misplaced, civic-mindedness. It’s Kafkaesque, said friends. It’s a joke, said others. But it wasn’t fiction and it wasn’t funny. I was actually very lucky.

I might not have been able to prove where I was. If I’d been a lawyer, police officer, accountant or worked in financial services, my career and livelihood would also have been on the line, and if I’d been a celebrity, the story would have been splashed all over the papers before it was disproved. If the allegation had been connected to terrorism, I would have been jailed immediately.

I used to think that if you didn’t break the law, you had nothing to fear from it. Now I know that if this can happen to me, it can happen to anyone.

RFID and privacy: Debate heating up in Washington

Privacy advocates and some lawmakers are pushing a debate over potential privacy abuses from the growing use of radio frequency identification chips as huge retailers such as Wal-Mart Stores Inc. move toward large-scale use of the technology.

They see the potential for retailers and other companies to be able to track consumers long after a consumer purchases an item – for example, a tennis shoe manufacturer scanning a sporting event for the number of people wearing its product.

Those advantages are why large retailers such as Wal-Mart and Target Corp., as well as government agencies such as the U.S. Department of Defense (DOD), are embracing RFID technology as a way to improve their supply-chain efficiency. Wal-Mart, leading the way on RFID adoption, plans to phase in use of RFID, with major suppliers of its north Texas stores required to use RFID chips on pallets and cases by January 2005. The DOD plans to require suppliers to use RFID tags by early 2005.

But early experiments with RFID haven’t gone smoothly, at least in the public relations arena. In early 2003, Wal-Mart and The Procter & Gamble Co. tested the use of RFID chips on individual packages of lipstick in an Oklahoma store, and the supposedly secret test raised the hackles of privacy advocates everywhere. The RFID chips allowed Wal-Mart to track the customers as they took the lipstick off shelves.

Wal-Mart’s test of RFID chips on individual products also prompted Senator Patrick Leahy, a Vermont Democrat, to suggest that federal legislation may be necessary at some point. He criticized what he called Wal-Mart’s “clandestine” testing of RFID.

In November, a group of privacy advocates, including the American Civil Liberties Union and the Electronic Frontier Foundation (EFF), issued a position statement on the use RFID in consumer products. The statement called for retailers to give notice to consumers when RFID chips are being used, what the purpose is and to have security measures in place verified by third parties.

The statement (pdf) calls on merchants to voluntarily comply with RFID privacy measures, and asks retailers to comply with a moratorium on item-level use of RFID chips until a technology assessment involving consumers and other stakeholders can be completed. The statement asked retailers not to force consumers to buy products with RFID tags and advocated that consumers should be able to remove or disable the tags, but the statement did not advocate federal legislation.

Ari Schwartz, associate director of the Center for Democracy and Technology (CDT), one of the groups signing on to the November privacy statement.

There has to be a way to kill these chips. The question is really what it’s used for and how it’s done, rather than the technology itself. Most of the benefit out there comes on the back end, in the stock room, and most of the privacy concerns come when it leaves the stock room.

Most retail uses of RFID so far are limited to stock rooms, and with retailers and vendors open to privacy discussion, Schwartz doesn’t yet see the need for federal legislation.

Up and down… and up again tomorrow

For those who have already visited White Rose earlier today and noticed that the article One for the heart, is missing. It was written for someone else and forwarded to me for information only. We hope to get it cleared with the publication for which it was originally destined and aim to re-post it tomorrow. Apologies to those who were inconvenienced.

Mistaken Identity, missing politicians

A belated account of Mistaken Identity, a public meeting on ID cards that took place in London last week. Unfortunately, we missed it as we were in Geneva protesting against something else. Fortunately, Stand have recorded the event and Privacy International has the full address by the President of The Law Society.

Thanks to infinite ideas machine (link now added to the blogroll)

U.S. Nearing Deal on Way to Track Foreign Visitors

The Department of Homeland Security is on the verge of awarding the biggest contract in its young history for an elaborate system that could cost as much as $15 billion and employ a network of databases to track visitors to the United States long before they arrive.

The program, known as US-Visit and rooted partly in a Pentagon concept developed after the terrorist attacks of 2001, seeks to supplant the nation’s physical borders with what officials call virtual borders. Such borders employ networks of computer databases and biometric sensors for identification at sites abroad where people seek visas to the United States.

With a virtual border in place, the actual border guard will become the last point of defense, rather than the first, because each visitor will have already been screened using a global web of databases.

Visitors arriving at checkpoints, including those at the Mexican and Canadian borders, will face “real-time identification” — instantaneous authentication to confirm that they are who they say they are. American officials will, at least in theory, be able to track them inside the United States and determine if they leave the country on time.

Whoever wins the contract will be asked to develop a standard for identifying visitors using a variety of possible tools — from photographs and fingerprints, already used at some airports on a limited basis since January, to techniques like iris scanning, facial recognition and radio-frequency chips for reading passports or identifying vehicles.

Let’s hope that such a ‘high-concept’ plan will be above the ability of governments to organise such monumental projects. After all they say, hope springs eternal…

Scots jump on board UK biometric ID card trial

The UK government’s biometric ID card trial is gathering momentum with Glasgow the latest city to go live with iris, fingerprint and facial recognition testing. The nationwide trial aims to enrol 10,000 volunteers around the UK who will have their biometric details recorded and put on a chip in a mock smart card. Testing started in April in London and will run through until August.

Glasgow now joins London, Leicester and Newcastle in the project and a mobile unit will travel around other parts of the country including Wales and the Home Counties.

The project has been hit by some teething problems in pre-trial tests, which highlighted defects in collecting and reading some of the biometric data. Civil liberties and privacy groups this week also formed an alliance in opposition to the introduction of ID cards to the UK.

“Blunkett’s ID card argument is specious”

Those are the words of Simon Moores of Zentelligence (Research) writing in Computer Weekly.

In a review of last week’s London public meeting, Moores begins by saying:

Never had I seen a pillar of government policy look so demonstrably fragile and flawed.

He concludes:

Blunkett’s ID card argument is specious and really not worth the plastic it may be printed on.

Cross-posted from the UK ID Cards blog

ID card backlash: is the poll tax effect kicking in?

Register notes that UK public support for ID cards is declining, while opposition is hardening, and a surprising number – perhaps five million – would be prepared to take to the streets in opposition, according to a new opinion poll released today. The results, although they still show 61 per cent in support of the scheme, show committed opposition in sufficient numbers for poll tax-style disruption to be a very real possibility.

Since last month’s Detica survey, numbers strongly opposed to any kind of ID card have doubled from 6 per cent to 12 per cent. Within the opposition 28 per cent, which would translate as 4.9 million in the population as a whole, say they would participate in demonstrations, 16 per cent (2.8 million) would get involved in “civil disobedience” and 6 per cent (around a million) would be prepared to go to prison rather than register for a card. Talk is of course cheap at this stage, but this is still an indication of seriously vehement opposition just a few weeks after the scheme was unveiled, and even the more favourable (for the Government) Detica poll showed quite clearly that the vast majority of people knew practically nothing of what the scheme entailed. And the more they learn, the less they may like it.

The latest survey was commissioned by Privacy International and conducted by YouGov, and obviously its intentions differ from the Detica survey, so the results are not always directly comparable. But some of the most interesting numbers stem from the differences. YouGov found that in addition to losing numbers, support is weakening, with people less sure, and rather lower numbers prepared to go for a compulsory scheme (which, ultimately, it will be). And some of the key components are decisively rejected by the public as a whole, which is what you might call a bit of a problem. Most (47 per cent versus 41 per cent) don’t want to have to tell the government when they change their address, and 24 per cent strongly oppose revealing it in the first place.

It is of course utterly illogical for people to be in favour of the scheme while opposing aspects of it whose removal would render it (as currently envisaged) unworkable. But The Detica poll also showed that support of the scheme was based on some pretty staggering misconceptions, so perhaps what we have here is a picture of a nation on its way to an education – as they join the dots up, it’s surely rather more likely that they’ll begin to reject the scheme as a whole, rather than, say, concluding it’s OK for the government to keep tabs on your address after all.

Link via Curiouser and curiouser!

US, Belgian biometric passports give lie to UK ID scheme

Belgium is to begin issuing biometric passports before the end of the year, while in the US (which could be said to have started all this), the State Department is to begin a trial run this autumn, with full production hoped for next year. Register speculates:

The apparent ease with which these countries appear to be switching passport standards does raise just the odd question about the UK’s very own ID card scheme, which proposes to ship its first biometric passports not soon, but in three years. Regular readers will recall that Home Secretary David Blunkett justifies the ID card scheme on the basis that most of the cost is money we’d have to spend anyway, because we need to upgrade our passports to meet US and ICAO (International Civil Aviation Organisation) standards, and that by making this investment the UK will be putting itself ahead of the game, technology-wise, and that we shall all therefore be technology leaders and rich.

The biometric passport system the US intends to use simply seems to be an addition of the necessary machine readable capabilities to the existing system. Passport applications, including photograph, will still be accepted via mail, and the picture will then be encoded, added to the database and put onto the chip that goes in the passport. As you may note, a picture is in these terms a biometric, while a camera is a biometric reader, which they are. But don’t noise it around, or you’ll screw the revenues of an awful lot of snake-oil salesmen.

Back in the UK, we are of course rather more rigorous in our interpretation of the matter, and the system and its schedule will be priced accordingly. But should we worry about losing our lead? No, not exactly. We should worry about spending a great deal of money on a system which will largely police ourselves, and which – in the event of it actually working – will probably turn out to be a huge white elephant.

All those in favour say “aye”

If something sounds too good to be true then it is most likely untrue but if something sounds too bad to be true you can probably take it to the bank.

If there is anything axiomatic about that proposition then perhaps I should claim proprietory rights on it and call it ‘Carr’s Law’ or something. I am not sure how much use this law will prove to be on a practical day-to-day basis but it may oblige as a useful yardstick against which to measure my natural cynicism about opinion polls, surveys and related statistical exercises.

For example, take this one, published last month:

David Blunkett has pledged to push ahead with ID card legislation after an opinion poll said most people would be happy to carry one.

The MORI survey was commissioned by an IT consultancy which has worked on projects with the government.

It revealed 80% of those questioned backed a national ID card scheme, echoing findings from previous polls.

And published yesterday:

Most people would support closing a legal loophole that allows parents to smack their children, says a survey.

A total of 71% of people would favour such a ban, according to a survey commissioned by the Children are Unbeatable! Alliance.

And published today:

A majority of British adults favour a total ban on smoking in public places, a survey suggests.

A poll of more than 1,500 people by market analysts Mintel found 52% support for a ban, including two-thirds of non-smokers.

Despite my ingrained reluctance to pay these wretched surveys even a jot of heed, I do accept that a sufficient number of such polling exercises (if conducted scientifically and honestly) can, correctly identify a trend if not quite reveal great truths. → Continue reading: All those in favour say “aye”

Millions to March Against ID Cards

The Government is quick to latch on to polls that seem to support its position. Let’s see how they like this one:

A recent poll by independent research group yougov shows that 61% of people support ID Cards in principle, way down from the previously claimed 80%. Almost half objected to the proposals in the draft Bill to force innocent citizens to keep the Government informed of their address. Other measures in the draft Bill such as being fined for not telling the Government of a lost card were fiercely opposed.

It seems that the more the British people learn about Big Blunkett’s plans the angrier they get.

The poll found opposition to compulsory ID Cards was so strong that almost five million British citizens are prepared to join protest marches. In addition, a massive three million people would be prepared to take part in civil disobedience in order to scupper the oppressive plans.

Opposition was particular strong amongst those aged under thirty where 34% were “strongly opposed” to the plans.

Commenting on the results Simon Davies of Privacy International said: “What this survey suggests is that the government is staring down the barrel of another Poll Tax revolt, but on a larger scale.”

Full story at ePolitix.com.

Detailed poll results (pdf format) at: Privacy International

PS: If you’re in London, don’t forget the public meeting this afternoon.

Cross-posted from uk-id-cards.blogcity.com

The Case Against ID Cards: A Principled Approach

It is my belief that unless we demonstrate that ID cards are not only complex, unnecessary, difficult to implement and expensive but also above all detrimental to the objective they are trying to achieve e.g. security, we will not capture the imagination of those who can’t think off-hand why Big Blunkett should not have his way with ID cards. After all, we have nothing to hide and we all use driving licenses, credit cards, store and loyalty cards etc, etc.

We need to spell out more often just what kind of danger an ID card and similar attempts by states to hoard and tag its citizens pose to the individual.

Darren Andrews of Freedom-Central.Net does just that in a structured and erudite manner. He looks at the liberties that will be lost if a government ID card system is introduced:

Principle 1: Governments receive their just powers from the governed
Principle 2: The Right to the Presumption of Innocence
Principle 3: The Right to Anonymity and Privacy
Principle 4: The Right to Free Speech

This sentence should resound throughout the debate:

Freedom is not about opinion, it is about principle because there is an unchanging commonality in people that regards neither time nor place, and there are unalterable laws that govern human life and all who are a part of it.

Read the whole thing