Authority V Liberty (Round 4,287,541)

Nobody would contest the desirability of knowing exactly what was in the killers’ heads and history; preferably before they managed to gun down fourteen fellow American citizens in San Bernardino in December. The FBI obviously thinks this is a poster child for their demand for American tech companies to provide back-doors into our encrypted gadgets.

If you’re remotely inclined to sympathise with the FBI, consider this.

It is not just conceivable but highly likely that within 10-20 years, we will have technology capable of ferreting that information out of anyone’s  head. And if you think I’m exaggerating, take a look at this.

or this

or this

or this

or this

or this

or this (added 2016-06-15)

I could go on. The point is that those links illustrate the amount of effort being put into digital mind-reading and the extent to which it’s already been achieved; and that some people are already fully aware of the potential threat, which makes ALL other Privacy invasions pale into insignificance. My 10-20 year time-frame is probably conservative.

I’ve been taking a close personal interest in this technology since Dr Larry Farwell had his 15 minutes back in 2003 when he  managed to get his Brain Fingerprinting evidence accepted by a court which resulted in the release of Terri Harrington, who’d, by then, served 23 years after being wrongly convicted of murder.

I wrote to Farwell at the time, suggesting that his technology could offer the “perfect bio-metric”. I postulated, for example, that it could identify me, uniquely, by observing my neural reaction to seeing a photograph of my late father.  No one else’s brain could simulate my reaction so no one else could pretend to be me. I also suggested that another obvious benefit would be to solve the most intractable problem in secure authentication; viz: access under duress. “Yes they are entering the correct password or revealing the correct retinal scan, but are they only doing that because someone is holding a gun to their head?”

I’m still waiting for a reply!

But it’s obvious that, since then, the technology (and America’s military interest in it) has been marching on. So, whether you like it or not, it’s on its way.  And the authoritarians who are funding the most meaningful research don’t share my views on the use of the technology to prevent privacy invasion. Quite the opposite. They see it as the greatest possible advance in privacy invasion and you can expect laws to change to permit it as we get closer to it. In a sense, that’s exactly what’s happening today.

Once digital mind reading is possible, it will be plausible to argue that, for example, airlines should be allowed to put every passenger through such a mind scanner, in order to ensure that no-one with evil intent against the aircraft is permitted to board.

That’s not my fevered imagination either. Comes from the man himself, almost certainly, given the date of that article, as part of his personal reaction to 9-11.

A first reaction, given my fear of flying, is that I might even think its a good idea myself. Particularly if the “duress protection” was mandated as part of the technology, so that no one could be coerced into having their mind read. And if there was a formally agreed set of questions to which our brain responses would be measured, with no recording of data, alarms raised only on appropriate warnings etc etc, I’d certainly welcome the assurance that, provably, no one sharing that flight with me, had any intention, when they boarded at least, of bringing the plane down.

But as we’ve seen, in some detail, over the past decade, that’s not the way Authority works.   Duress protection, independently citizen audited surveillance of the process and strictly limited application are never on the authoritarian agenda. Instead, they demand back doors, weak encryption, surrender of passwords etc etc.

Society is divided into two groups. The authoritarians and their followers form one group and they will argue in favour of allowing the mind-scanners and insisting that we all step through them.

Once we’ve conceded that for something as serious as air travel, it will be only a matter of time before they mandate it for (in roughly descending order) weeding out Pedophiles, Rapists, Tax dodgers, Copyright cheats,  Trolls, Recreational drug users and Dissidents. Then, depending which level of authoritarianism you live under, they’ll move on to apostates, homosexuals, marital cheats, speeding motorists and other ne’er do wells.

Those who understand Liberty and the nature of threats like the above will probably have to fight the authoritarians literally to the death in what may come to be known as Humanity’s Final War.

The current Apple battle is an early skirmish in that war.

Pick your sides now and be sure of a good seat…

Finally, if you want to hear an intelligent presentation of the current state of the relevant science, and some of the issues, check this out:

Ignorant White Bitch Blames Black Culture For Police Attacks On Blacks

I make no apologies for the headline. That was my second and more restrained choice of language. The Faux News “journalist” is referring to this incident, in case you haven’t seen it

in which a white cop (Ben Fields – now “ex cop” I’m delighted to observe) assaulted a black female teenage school kid in front of her own class when she failed to comply with his demand to accompany him after he’d been called in because she was disrupting the class.

Such is US Authoritarian culture that the brainless morons who form their world view through the corrupt prism of  Faux News actually think that enforcing school discipline is an appropriate use of the Police force. And such is US Police Culture that it doesn’t even occur to the uniformed bullies that physical attacks are only justified in the course of either self-defence or 3rd party defence. Violent coercion is considered a routine and acceptable policing method.

Hence, far from Black Culture causing such routine abuse by the police, it is far more appropriate and accurate to argue that Police Culture is a major factor in shaping US Black Culture which has to come to terms with the fact that the State permits its enforcers to treat black citizens as “suspects by default” to the extent that black men are

twice as likely to be killed by police than white men

twice as likely to be unarmed when the Police kill them

6 times as likely to end up in jail as white men – even though for some of the main crimes they are jailed for, like drug possession, they’re actually less likely to commit

and more likely to be in prison than in paid employment.

I am continually amazed at the relatively passive acceptance by the black American community of this centuries old racist aggression by the State and its agents – which has, if anything, slightly worsened under the “control” of a black American President. Among the oppressed minorities with a strong case for armed insurrection, American blacks are definitely in the Premier League.

David Anderson takes a Step In the Right Direction

With David Anderson’s report, we finally look like we may be moving in the right direction.

However, his solution to over-reach is aiming at the wrong target. Prior authorisation by his proposed new judicial body is really no more than a band-aid on the amputated limb.

The 2800 authorisations issued last year are enough to illustrate the limitation of “control by authorisation”

There is no way that serious consideration of the facts and arguments underpinning any relevant surveillance request can possibly be conducted, at that rate, by the small organisation implied by a Judicial Commission. In fact, as David Davies argued on Radio 4, it’s not credible that the Home Secretary, Theresa May, even with the resources of the Home Office, can give genuinely appropriate levels of attention to such requests at the rate of 7 a day. Especially on top of her day job.

Frankly, however, we shouldn’t really care who signs off the authorisation for any given task. All they need to authorise is that the new rules I’m about to propose are being followed to the letter. That, in short means that a new digital case file has been opened and that everything related to the case will be stored in that file and made available, on demand to the independent oversight body and/or political authorities.

What matters far more – and is absolutely vital to ensuring true democratic control of the State’s surveillance apparatus – is the complete and routine data-capture (to an immutable audit trail) of the entire surveillance decision-making process and subsequent implementation of those decisions. In other words, nobody should be watched more closely and comprehensively than the watchers themselves. Think helmet cams, body cams, discreet microphones, Smartphone and GPS location tracking, Google glass and a host of similar technologies. Think ubiquitous CCTV and Webcam coverage in all secure areas and offices.

These are the experts in surveillance. They know exactly how to ensure that everything they say and do, in the line of duty, is captured to that immutable audit trail. They know how to keep their own data safe and secure and available only to those who have legal authority to access it. (If they don’t, they have no business keeping ours) It would probably be cost neutral or slightly beneficial.

Most importantly it will facilitate precisely the democratic oversight which is needed to ensure that everything the authorities do is on the record (or is automatically a criminal offence) and available for review by whatever oversight body we determine is necessary to earn the Trust of the British People.

That body must have untrammelled authority to inspect ANY relevant data at ANY time from the moment of authorisation forward. Indeed, it must even have authority to conduct spot inspections of anything relevant to their oversight with the sole and reasonable limitation that they can watch but not impede an ongoing operation. They must also be allocated resources which permit independent and trusted expert evaluation of what they find.

The technology will allow them to rewind any operation and see for themselves what evidence justified the operation and whether the implementation of the operation was entirely necessary and proportionate. Note, I don’t even insist that it was “legal”.

What matters is that We The People would agree that it was justified. Not that a “here today gone tomorrow” politician – with a potentially hidden agenda – asserts that it was justified and demands that we trust them.

The oversight body would be empowered to disclose whatever they thought necessary to the British Public. We need to be completely confident that if they say the operation was clean and justified, but that the details need to remain secret, we would probably have agreed with them if we were in possession of all the facts.

By the same token, where they clearly uncover illicit behaviour, we must be equally confident that they are able to disclose everything we ought to know, however embarrassing for the State, that disclosure may be.

Personally I don’t trust unelected Authoritarians, even relatively tame ones like most Judges, to wield that disclosure against the elected Authoritarians and I would much prefer that Oversight body to take the form of a Standing Jury with a few dozen members selected randomly from a national pool of civic-minded volunteers.

I don’t think we should object if the Security services wanted to Vet those volunteers and weed out any that might be a threat to the necessary discipline and security that such a Jury would have to work under. But the Jury itself would be the final arbiter on any such exclusions from Jury Service.

Such an arrangement would render the process truly democratic.

We should, perhaps, have no objection to a tribunal of experienced judges being available to advise and guide the Jury on all points of law and precedent, but the Jury itself should be sovereign and make the final judgements.

With all that in place, you can perhaps see why we needn’t care so much about who authorises the actual operations.

Provided we can see, after the event, who was asked, why they were asked, why they agreed, what the consequences were and how it was handled, frankly I don’t give a give a damn what it is they actually authorise – up to and including the assassination of a fellow citizen – or even an attack on a wedding party in Pakistan. There are potential legitimate reasons for any of these activities.

But where the consequences are that extreme, nothing less than a Jury of our peers, taking an entirely uninhibited look, on our behalf, at what went on and why, will satisfy any rationally sceptical citizen that the decisions were reasonable and rationally based on reviewable evidence; or that the implementation of those decisions was carried out in the least destructive and damaging way possible in the circumstances.

To be blunt; how many of the USA Police brutality incidents we have been bombarded with for the past few decades would have survived that level of scrutiny? Or, to put it another way, how much of that brutality would we have eliminated, how many lives would we have saved, had they been under that level of scrutiny?

Yes, the American Police are a far easier target for our opprobrium than the British Security Services.
We’d rather like to keep it that way!

So Journos get a bit more Protection, what about the rest of us?

The Daily Mail is crowing over its small victory but, as usual, hasn’t grasped the bigger picture.

The Authoritarian Law (RIPA), whose abuse they have reported on for years, is about to be tweaked with another Law forbidding cops from prying into Journalists’ phone records without more serious oversight than the pathetic “superintendent level authority” required for the police to carry on spying on the rest of us.

First, it’s a VERY small victory. It reputedly only even attempts to improve the protection for Journalists. Not citizens. So, at most, a few hundred of our fellow, more privileged citizens, will be “protected” by the proposed new restrictions.

But second, note the quote marks around “protected”. That’s no accident. The truth is that the Law does NOTHING to protect us from abuse of surveillance powers and never has. At most it might deter those who think they are at risk of being caught snooping, which given the fact that they are not being snooped on themselves, is a very low risk.

But, as the RIPA saga amply illustrates, the vast majority of its abusers don’t even grasp the concept of “Abuse” in this context. They have routinely justified their illicit access as “proportionate and necessary” in pursuit of their aims to pursue petty criminality, littering, illegal parking, dog fouling, fly tipping, cheating to qualify for access to favoured schools and other matters of dubious relevance to our “National Security” which RIPA was deemed necessary to protect. And what we’ve suffered here in the UK is trivial compared to the institutionalised abuse and assault on civil liberties arising from the wholly illicit USAPATRIOT Act and its associated legislation in the United States.

This kind of mission creep is rampant around the world. The USA clearly does it most egregiously and most “professionally” but while they’re among the worst offenders, there is probably no government on the planet which doesn’t routinely abuse its authority to obtain illicit access to private data for reasons which no intelligent citizen would approve.

And anyone who thinks “The Law” can protect them from this kind of abuse doesn’t begin to understand the problem. The only way to prevent such abuse is to make it technically impossible to spy without audited authority. Wot that mean?

It means that it has ALWAYS been technically possible to control access to the data they want to snoop on. It means that such control can easily be made to include a form of authentication and authorisation which ensures that all the relevant data is captured to an audit trail which cannot be tampered with by those requiring the authorised access. It means that, though we can never guarantee to prevent illicit access, we can guarantee that we can always discover it and who was responsible for it.

Laws which make something illegal and threaten sanctions are, at best, only a minor deterrent, as we see in real life every day (think War on Drugs, Fraud, Burglary, Rape etc etc as well as the routine abuses by the Authorities themselves).

Conversely, the near certainty of detection is a major deterrent.

The audit trail would, itself, contain no sensitive data and could thus be entirely publicly accessible. It would serve three functions.

First, all requests for access could be technically blocked and only permitted to proceed on receipt of a key from the audit trail. That one time access key would only be issued once the audit trail has been persuaded that the requestor was a) authorised to make such requests and b) had proved deposit of the documentary evidence required to justify the reason for access.

Second, the public audit trail presents to the world an anonymised record, in real-time, of what the authorities are doing. That public record would not, for example, reveal whose phone records they had just requested access to, but would reveal that one or more such access requests had been made in the last few seconds or minutes. Nor would it reveal who had requested access. But it would reveal at least the organisation responsible for the access request. That might be as vague as “The Home Office” or “NSA” or it might be as specific as “Precinct 99” or “East Devon County Council”. That’s a matter for negotiation.

Over the course of days, weeks, months, it would reveal the extent of surveillance activity against the citizens and the patterns of what authorities were doing what kind of snooping.

The third function of the audit trail would be, in the event of any challenge to the authorities, over a specific access session, to verify (or falsify) their claims as to why they did what they did. Remember the one time access key? That only gets issued if the authority requesting access asserts that it has documentary evidence supporting its reasons for the request and that they meet the terms of any relevant laws. They have to “prove” the existence of that evidence by lodging its digital fingerprint (a “hash” for those who aren’t yet familiar with this incredibly useful crypto tool) with the audit trail.

Come the challenge, they must present that documentary evidence to the auditors and, possibly, a court. The beauty of the Hash is that, while maintaining the complete confidentiality of the evidence, it proves unequivocally whether or not the documents they present are identical to those they claimed, at the time of the request, supported their access request. If they don’t match, or if they are found to be attempting to bypass the audit trail altogether, they are automatically committing a criminal offence.

If they do match, the auditors/court can now study the documentation to make a judgement as to whether their reason for access was legitimate or not. If not, then, once again, they’ve committed a criminal offence. If they do match, then it’s a fair cop!

None of the above is rocket science. It doesn’t require any new technology. It does require some new programming and authentication procedures but nothing dramatic, even though the effects would be.

There are two roles for the Law in this area. First – what they already do – they need to define what we democratically agree to be acceptable and unacceptable practice, with a view to enabling appropriate sanctions against those we find in breach of the law. Their second, so far absent, and more important role, is to mandate the implementation of the kind of technical protection which makes the abuses we’ve forbidden impossible to hide. No more, no less.

If the media, including the Daily Mail, could understand this issue and campaign for the introduction of such legally mandated technical protections across the planet – or at least in their own backyards – then they might actually improve the human condition, and not just protect their own interests.

Now that would be something worth crowing about.

US Man Raped By Police – Then Billed For It

You know what shocks me more than the “rape” itself? The fact that only 84 people had watched that video before me.

If stuff like that doesn’t go viral, it’s no wonder the Police State of America is becoming normalised. Mind you, that video has an awful lot of competition. Try googling “Police Brutality” youtube and you’ll get around 5 million hits (I just got 4,960,000) so I suppose the discerning observer of the Police State has their work cut out trying to keep up with it all.

Are all those videos about violent American Police? No, only about 90% are exclusively American and I do concede that the results are slanted by the fact that the technology (including access to youtube) is much more likely to be available to the American witnesses and victims than to, say, their Chinese equivalents. But you can also find (a handful of) examples from other “western” nations including the UK, France, Australia and even Sweden, where, of course, the technology is just as prevalent.

That handful of examples from other parts of the “free world” only serves to emphasise just how serious the problem has become in the “Land of The Free”. I’m sure there’s a PhD waiting for the first to make a statistical comparison of the rates of Police Brutality and levels of Incarceration in and around the so-called “democratic” world.

Watching a random sample of the youtube videos is deeply depressing as well as promoting righteous anger (and occasionally incandescent rage), so I don’t recommend it if you have medical or psychological issues. But it is also profoundly educational.

After a while, you begin to recognise patterns. The first to strike me was how many of the state employed thugs have shaven heads and look like regular users of steroids. I’d gamble a moderate sum on the outcome of a random drug test should anyone dare to set one up. If my intuition is right, the steroids might have an important role in the level and prevalence of the aggressive attitudes and physical abuse. Steroids are well-known to promote such attitudes in regular users.

Here’s a couple that illustrate the Steroid look…

first this footage caught on CCTV within what I take to be police premises… (which means they knew they were being filmed but even that didn’t deter them)

jump forward to about 1 min 10 seconds to see the unprovoked attack by the steroidal cop on this teenage girl walking away from an incident in this one:

this one features another steroidal cop punching a mentally handicapped woman on a bus – again despite full awareness that he was being filmed:

Perhaps the least steroidal ones (indicated by retention of hair?) retain some human-like intelligence. This one, for example shows signs of understanding that performing his crime in front of a live camera is sub-optimal, and has even worked out how to switch it off before launching an attack, and then switch it back on! Like this:

it’s good to know, though, that the citizens aren’t as passive as the lack of public outrage implies. Checkout out these citizens’ resistance to the bullies at the illegal immigration checkpoints last year:

But the prize for the cleverest “resistance” (only just short of “These are not the Droids you’re looking for”) is this “threaten em with the bible” tactic:

All the above are excellent examples of why I’ve been banging on about Trusted Surveillance for the best part of a decade. The Police have definitely got the message. Which is why it’s hardly surprising that the Police State Bullies in some of the more primitive States have been doing their best to criminalise videos like the above. For example:

But elsewhere, Police are beginning to get the more positive message – that recording everything (deliberately rather than accidentally) both constrains police brutality and increases citizen compliance. In Rialto California, where they’ve been trying this out for a year or so, complaints have already dropped 88% and the use of Force (by the cops) by 60%. Now that’s a real improvement in Homeland Security…

Peter Christ

Is his REAL name.
Now button yer lip and listen to what he has to say.

Easily the most concise and articulate presentation (I’ve ever seen) of the case against the War On Drugs. Like all other attempts, it will not penetrate the dense wall of fear and ignorance which cushions the authoritarian from reality. But it might reduce the numbers recruited to their cause…

Hang The Jury

let’s hope this attack on the War on Drugs has more success than my own feeble efforts, which included my attempt to promote the same tactic back in 1999.

The novel angle here is the focus – inspired, apparently, by Michelle Alexander’s “New Jim Crow” – on the Black American community, whose males are, on average, over 600% more likely to end up in prison than their white compatriots. The vast majority of the difference is made up for by imprisonment for the victimless political “crime” of drug possession which, incidentally, they are “guilty” of at about the same rate as their white male counterparts. Who said Justice was colour-blind?

I have long wondered why this overt judicial racism hasn’t already led to a massive insurgency from within the black community. Even today the causes of the next American civil war look far more likely to emerge from the lunatic right-wing Tea Party than the genuinely oppressed black community. But perhaps web sites like this show that, at last, the worm may be beginning to turn…