Accountability Theatre

I doubt you’ll remember reading about “Security Theatre” in my 2005 ID Card paper so I’ll repeat the passage here: I was commenting on the Home Office’s naïve concept of their ID Card as being somehow self-verifying.

It is a classic example of what Bruce Schneier calls “Security Theatre” where we make users go through the motions to make it look like we’re “doing security” but the procedures are actually meaningless “snake oil”

It’s taken me a while but I now realise that the concept is a useful template for another political/commercial deception I’ve been trying to tackle for some years. Most recently I’ve been trying to pique the interest of the only MP I know well enough to trust. Unfortunately he’s rather busy trying to manage at least two portfolios in Corbyn’s shadow cabinet. Despite which I see that he’s taken up the struggle against the Parliamentary Expenses Watchdog – IPSA – and their overweening bureaucracy.

I learned about his (so far) one man campaign from this standard mud-slinging DailyWail story  I’m sure Paul knows he’s got absolutely zero chance of succeeding with his proposal for fixed allowances. But the real issue he’s trying to address is an example of how a system designed to avoid real accountability has no idea how to create it when they’re forced to.

The normal mode of (All) Governments is to avoid disclosing any information which might be used against them while trying to appear as open and transparent as their citizens demand. The result is what I have decided, henceforward, to call “Accountability Theatre”. It can be defined thus:

ACCOUNTABILITY THEATRE

1 Setting up mechanisms, in order to pacify public demands for accountability, which are supposed to audit sundry claims and reassure the public that proper consideration and due process have been applied. But…

2  The mechanisms lack any provision for realistic forensically verifiable means of validating such claims. So…

3 The public are required to Trust the declarations of the auditor and the auditor is required to trust the limited evidence s/he is permitted access to.

4 Specifically, there is no mechanism for ensuring that the evidence accessed by the auditor is both complete and unedited.

5 In the most egregious examples, the auditor is also a member of or closely allied with the organisation they are supposed to audit.

As regular readers will know, the claims I’m most concerned about are those made by the State, such as “we only tapped this suspect’s mobile phone, to obtain call and location history because we had reliable intelligence that he was involved in a potential terrorist plot”

The Accountability Theatre in that situation consists of the fact that, at no point, can any potential auditor either see the raw data without the consent and collaboration of its custodian, nor, even if permitted to see it, to verify that it is complete and unedited. The entire process, in other words, is based purely on faith that the State can do no wrong, a ship which sailed at least a century ago.

Returning, briefly, to Paul’s complaint:

What MPs are stuck with, regarding Parliamentary Expenses is a direct result of recognising that they cannot get away with the normal Accountability charade in respect of their expense claims. i.e. following the expenses scandal  they are now forced to jump through a ludicrous set of hoops in order to retrieve sometimes trivial sums of money which are often not worth the effort. They are, in the name of “Transparency”, effectively forced to stand on the “naughty step” every time they hold out their hand to get back some of the money they spend while doing their jobs. Hence, for example, we know that both Jeremy Hunt and Amber Rudd each submitted claims of just 27 pence for two short car journeys.  This level of disclosure is considered necessary so that the public can be convinced that proper scrutiny of expenses claims is taking place.

And, frankly, it looks like they do a pretty good job. In the sense that no frivolous claims are ever likely to make it through a pretty rigorous checking system. The “Quick Guide” to what they’re allowed to claim  is a mere 11 pages. The detailed version  weighs in at 75 pages. IPSA employs about 70 civil servants, full-time, and are run by an “independent” board which includes at least one judge, at least one ex MP and an at least one real auditor. All this to manage the Pay and Expense claims of just 650 MPs, at an annual cost of around £5 million.  In a typical commercial organisation of similar size, you’d expect 2 or 3 relatively junior staff to deal with that workload. They’d report to the Company Secretary or Financial Director. Total cost, probably less than £150k.

I hasten to add, in case it’s not obvious, that what IPSA are doing is most definitely NOT Accountability Theatre. It is Political Theatre, designed to demonstrate just how thoroughly we’re now watching our elected representatives. It is also a useful distraction from the unpublished detail of much more serious matters we ought to be demanding.

Contrast the obvious overkill effort they put into scrutinising what MPs claim on the Expenses, with the trivial and meaningless scrutiny put into examining the thousands of security requests  routinely dealt with by the Home Office. At her Mansion House speech, June 2014 Theresa May proudly proclaimed that her role as Home Secretary included:

“If the Security Service wants to place a device in the property of a terrorist suspect, or the National Crime Agency wants to listen to the telephone calls of a drugs trafficker, they need my agreement first. On the basis of a detailed warrant application and advice from officials in my department I must be satisfied that the benefits justify the means and that the proposed action is necessary and proportionate.

The warrant application gives me the intelligence background, the means by which the surveillance will take place, and the degree of intrusion upon the citizen. Neither the Security Service nor other intelligence agencies, nor the police, nor other law enforcement agencies, can undertake sensitive surveillance without providing these details and gaining my approval. Ministerial oversight – which I share with the Foreign Secretary and the Secretary of State for Northern Ireland – is a crucial safeguard to make sure that the most intrusive powers are used only when they are necessary and proportionate.”

Now then, how long do you think it would – or should – take to make a thorough assessment of the validity of just one such warrant application? Checking the content of the intelligence and, if necessary, its provenance; considering whether that content, in context, justified spying on a citizen; considering the means and degree of espionage being recommended; investigating whether the individual has previously been targeted and what, if any parallels there are between the circumstances of that targeting and the one being proposed; verifying that the appropriate risk assessments have been made and properly recorded; verifying and justifying the proposed cost etc. etc.

It is impossible to answer such questions without a detailed academic study, which we will, of course, not be permitted to make, but an intelligent guess has to be between one and five days of pretty intensive study. Yet, as MP David Davis pointed out in 2015, Theresa May was required, during the previous year, to approve up to 10 warrants a day – and that was just for phone interceptions.

That speech was supposed to illustrate how seriously she takes her responsibility for “political oversight”. I have no doubt she was sincere and believed that what she was doing actually constituted meaningful oversight. It was obviously, in reality, just a box ticking exercise and classic “Accountability Theatre”. I doubt she has the faintest idea how to seriously examine the validity of those warrant applications. She’s been trained and advised to rely on her Civil Servants, who will do all the real work on her behalf. All she needs to do is feed the monkey.

Their defence against such a charge would likely be along the lines:

well of course the Home Secretary doesn’t research the applications herself, that’s what the “advice from officials in my department” is supposed to mean.

But that’s no more than one branch of the establishment giving the nod to another branch, with which it has closely entangled, even incestuous relations. Why on earth are we supposed to trust that arrangement?

Their ultimate answer to that is the Parliamentary Intelligence and Security Committee, which, ostensibly has the power to question everybody and see everything. Yet the Snowden revelations came as a surprise to this ultimate oversight body (search the page for “Snowden”)

And their subsequent investigation of the revelations regarding GCHQ “rather promptly” resulted in an absolutely clean bill of health. So “promptly” that even a former Chairman of the same committee, Lord King, was moved to comment that:

“the decision by the Rifkind-led committee to swiftly endorse the work of GCHQ was “unfortunate” because the endorsement came while new disclosures from files leaked by the whistleblower Edward Snowden were still being published by the Guardian and other newspapers around the world.

“I think their response was pretty quick,” said King, a former Northern Ireland secretary. “It came at a time when revelations were still coming out. It is very important the ISC maintains public confidence as a scrutiny committee.”

Quite so.

Not only are the committee members obviously part of the establishment that they are supposed to police, but NONE have anything like the skills or expertise required to make a thorough examination of the work of GCHQ, especially “promptly”. They don’t even know the right kind of questions to ask.

The ISC is designed to be Accountability Theatre and, on this occasion, they panicked and fluffed their lines. Normally, they would have made a big show of visiting GCHQ, interrogating its mandarins in both public and private, and, after a few months of due consideration, announced their august whitewash. But the veil slipped for a few moments and those of us who were paying attention spotted the naked Emperor.

So now let’s turn to the serious shit.

The Government Case for Watching All of Us All The Time

The chief response of the Government, to being caught with its pants down over the unregulated Bulk Surveillance of its own citizens has been to frame new powers which retrospectively justify that outrageous invasion of privacy and to pretend it hasn’t already been going on, illegally, for years. If you’ve got the stomach for it, you can read their arguments here:

It may surprise you but I am not going to take issue with any of their arguments for Surveillance. Such objections are, in my view, the weakest argument made by the Privacy/Liberty lobby and the one most easily defeated by the State. Given the right circumstances, there is NOTHING which can be definitively ruled out as a legitimate counter-measure for a State to employ in defence of its citizens. I certainly include the occasional need to assassinate one or two citizens in order to protect other citizens. Perhaps the most recent unarguable example of the legitimacy of that counter-measure being the killing of the French lorry driver who deliberately ran down 86 of his fellow citizens in Nice on Bastille Day.

But given that such circumstances obviously have arisen from time to time and will, inevitably, arise again, it must follow that less dramatic circumstances will arise which will justify all manner of lesser measures like Surveillance and other intelligence gathering activities. Here, I include, for example, the highly controversial embedding of “deep cover” agents inside hostile organisations.

But if we’re prepared to delegate such powers to the State, then it ought to be obvious to any intelligent citizen that nothing and no one should be (digitally) watched more closely than those we delegate such powers to. Then we would be in a position, after the event at least, to determine whether their action was justified and proportionate. And THAT is where we’ve dropped the ball. Or, rather, that’s where the State has chosen to run off with the ball and not allow us even to see it.

I really don’t want to start giving examples of how often and how badly the State has made indefensible and often disastrous decisions in this field and how seldom anyone has ever been held truly accountable for them. This blog and my other writings contain hundreds of examples and if you’re reading this, you’ve probably already read a few of those and many other similar analyses dotted around the web.

I’ll just touch on one area; the embedded agents. We used them to penetrate the IRA. That was necessary and justifiable; even when our agents took part in some of the killings. Anything less would have blown their cover. We’ve almost certainly got or are trying very hard to get embedded agents inside ISIS and Al Qaeda and their more serious offshoots. Those agents too will have to participate 100% like the real thing. That means they’ll take part in recruiting other Jihadis and even occasionally have to kill innocent civilians just to maintain their cover. Some of those citizens might even be British.

But if and when something goes wrong with these operations, the agents are exposed, the shit hits the fan and everything goes titsup, who are we going to trust to tell us the whole truth about how and why it happened? The people who screwed up in the field or in the back office? The politicians who authorised it?  Or should we trust the half-tamed “Independent Reviewer of Terrorism Legislation” who has just endorsed the Bulk collection of Private Data as having a “clear operational purpose” as they “play an important part in identifying, understanding and averting threats in Great Britain, Northern Ireland and further afield”?

He can’t, unfortunately, provide concrete examples but he does advocate “very considerable caution” without coming close to providing a meaningful mechanism for proving that such caution was exercised.

And if you study the government’s own case for such powers (see the link above), you’ll find 3 references to “Safeguards within the Bill” and in each case, those safeguards amount to an assurance that the powers can only be used for purposes specified (chiefly National Security related) and will be independently audited.

Real – Digitally Verifiable – Accountability

If ever a government gets serious about Accountability, here’s what it will need to do, not just for matters related to snooping on their own citizens but for ALL government decision-making processes; though the obvious starting place is “Watching the Watchers”.

The audit trail should contain digital copies of all evidence, relevant conversations, policy decisions and the operational recordings of implementation, pertaining to the events being audited. Each item should have been cryptographically fingerprinted (hashed) and the hashes lodged on a public accessible immutable database (blockchains or protected hash-chains) in real-time as the items were created.

Case folders or periodic snapshots of such data should be similarly hashed so that no item can be withdrawn after the event, without the gap in the data being obvious.

These techniques are not new. I’ve been promoting them for more than a decade myself but Bitcoin has done a much better job of waking people up to the significance of immutability.

Meanwhile, back in the real world, the government “Safeguards” contain no mention of real-time mandatory data storage on an immutable database, so there will be no way for the independent auditor to determine whether he is seeing the whole story and whether what he’s been  allowed to see is as it was when originally stored. The proposed safeguards are just routine Accountability Theatre.

In the optimally Accountable world, whenever an issue is raised regarding the validity of behaviour by the State, the audit team will include appropriate experts in the technical, legal and financial fields they are about to investigate. Their proceedings will be overseen by a Jury, not a Judge. It might be a specially vetted Jury and it may often choose to sit in Camera in order to protect genuine National Security. But Democracy requires the power to reside not in State Appointees who may have a vested interest in hiding incompetence or malfeasance but in  ad hoc representatives of the People who will, for the duration of the audit at least, have no other agenda.

The audit will have unfettered access to the data. With such a provably complete and unalterable (without detection) audit trail, the audit team and their Jury can now sift through the evidence and decide for themselves what questions need to be asked and whether the evidence fully answers them. If it doesn’t, they can establish culpability and publish the relevant facts, with due care to ensure sensitive secrets are not exposed. If all the questions are answered and the actions taken shown to be reasonable and proportionate in the circumstances, they can publish that finding and, unlike the situation today, we could safely believe them.

In such circumstances, for example, how do you suppose that process of true Accountability would have dealt with the disgusting overreach of the State in those other more famous embedding cases such as the 7 women who unwittingly had long-term relationships with undercover cops who were paid by the State to infiltrate legal political organisations like environmental groups, animal rights groups and Trade Unions? I suggest the mere knowledge that it would be impossible for the Police to hide such behaviour from the Audit would be enough to prevent that kind of abuse in the first place.

The Pitchford Inquiry  is supposed to be investigating a whole raft of other similar abuses. But many have already commented that unless the relevant Police could be compelled to tell the truth, the whole truth and nothing but the truth, it will be a waste of time. Given that none of the relevant material was immutably recorded at the time, we will never know how much, if any, of “the truth” they are telling. So the entire inquiry is bound to be just like all the other major inquiries. The Accountability Theatre Players will throw just enough meat to the baying wolves to make them think there’s been a real kill and then everything will return to normal.

The State already has vast Surveillance capabilities and total freedom to use them without any meaningful independent oversight. The crimes committed in our name in this century alone have illustrated the desperate need to eliminate Accountability Theatre with the relevant technology and the laws required to mandate its use. Yet, instead of moving in that direction, the government is intent on ramping up the extent of surveillance  to levels which make even the Police State of America’s USA PATRIOT Act look restrained.

If you’ve read this far can I suggest that if you wish to be part of the solution rather than part of the problem, you could make a useful start by demanding that your own MP explain how s/he is going to fight Accountability Theatre.

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BOGOF. 1. Trump>Drumpf 2. House-training Windows 10

There is no obvious connection between the slow train wreck represented by Donald J Drumpf’s inevitable nomination and the almost equally irritating but, eventually, reasonably benign Windoze 10 upgrade, though some would no doubt beg to differ. The fact is I have spent the last 3 months fighting Microsoft’s paternalism and finally cracked the last major problem which was holding me back from recommending it to anyone else. Didn’t even touch it, till Spybot had issued their fix for the privacy breaches (see below), but was really pissed off by the forced Updates. It’s taken me that long to find the fix so we can get back to the kind of control we’ve been used to since Windoze 3.1. I had in mind to publish a quick guide as a public service for those who are banging their heads against the same wall. Not the sort of thing I normally do but, hey, you only live once; organically, at least.

And I couldn’t be arsed to write two blogs so you’re getting two for the price of one. We’ll deal with Drumpf first, then the taming of Windoze 10. It’s John Oliver’s fault. He interrupted my preparation of the guide and I couldn’t resist the urge to alert either of my readers who might have missed it. You really shouldn’t. If anyone has performed a better hatchet job on Drumpf, kindly let me know. In fact, if anyone’s done a better job on ANY politician, ever, please share. Meanwhile, for those of you who haven’t a clue what I’m talking about, check this out (Unfortunately, if you’re outside US, you’ll need a proxy):

Apparently a third of a million bitizens have already downloaded the Chrome Extension. Make that a third of a million and one.  We desperately need more John Olivers. I wish he’d come back to the UK and speak the necessary truth unto power here. The desperately sad truth, however, is that his intervention is likely to have zero effect on the Trumpsters. Yes, those of us who recognise the Viagra driven Authoriarianism and the howling pack it has awoken among the disaffected Redneck & Religious crowd, will hug ourselves with glee that someone has finally had the balls to say what needed to be said as brazenly, and publicly, as Drumpf makes all his own pronouncements, and yes, anyone with an IQ higher than their shoe size will glory in the surgical precision and (reasonably) restrained eloquence of Oliver’s delivery.  But it won’t change a single mind. Those minds that need changing are way – WAY – out of reach of abstract notions like truth, rationality, civilisation or even RealPolitik.

The only question now, is what percentage of American minds are in that feverish condition. I’ve been confident for more than a decade that only about 25-30% of American Voters (and about 70% of American Politicians) are certifiably insane. If I’m right, your next President is likely to be another Democrat. It won’t help. Neither Clinton nor Saunders will be permitted to do anything that might actually heal the growing rift in American Society. Is anyone offering odds yet, on a second Civil War? If so, put me down for 10 bucks.

But you’re not here to listen to me gloating over the disintegration of the United States, you’re here to seize back the control of your Privacy and their Updates which Microsoft, in their infinitesmal wisdom, have tried to take away from you, after virtually shoving Windoze 10 down your throats. Whoever is responsible for their commercial strategy should be made to listen to every speech and read every tweet that Donald J Drumpf has ever made. And then, they should be shot. Slowly, as usual.

I can think of no faster way to alienate your customers than to force them to accept a free upgrade that eliminates their privacy and does many other things in a way they’re not used to and/or don’t like. It is as insane as a Trumpster arguing that Drumpf “says it like it is”. Perhaps there is a connection after all.

The irony is that Windoze 10 is actually OK. Nothing special. No fantastic improvement over 8.1. But a reasonable step in the steady progress towards stability and reliability that might one day result in an Operating System we can trust. I’ve been using it for a few months now, with only a couple of BSODs on the 4 main machines I use and I’m now dragging a handful of my own clients into the (slightly) new world. And though it has to be said that it is designed with some horrendous defaults which would result in Microsoft knowing more about you than your mother, if you let it, and it’s tried to stop you using all sorts of useful tools that you can’t do without, we’ve managed to find cures for all of that shit. And once those cures are in place, it’s OK. And given that it’s for free, you might as well go for it. Not exactly a ringing endorsement, but after the way they’ve behaved, they don’t deserve one.

The single worst offence they committed was the change to the update policy. Completely unforgiveable and, had I not, at last, found the fix, I’d have said it was a deal breaker. No software author in their right mind would do what they have done. Forcing updates on users, without allowing for the billion different environments in which those users operate is as close to technological insanity as I’ve ever come across. I’d bet another 10 bucks that there isn’t a single windoze user on this planet whose past or present windoze system hasn’t been broken by at least one of their updates. Cretins.

So here are the two most important things you need to know in order to survive their stupidity.

Protect your Privacy. By default, W10 sends huge amounts of data, potentially revealing almost everything you do on your machine, back to base. No doubt for the purest of motives – to learn how they can help you even more than they always have. But given the fact that even if they were inclined to keep such intimate details from the more hostile eyes of the Police State, they’re not actually allowed to, and that we’re witnessing, as we speak, the proof of that Police State intention to go after that kind of interesting material whenever they see fit, now is not a particularly sensible time to force the masses into such total abject exposure.

The easiest solution is Spybot’s Anti-Beacon.  You need no technical skill or understanding. Just download and install it. With about 8 clicks, you can shield yourself against all the privacy breaches. Click “Immunize Now”. Then Click the Options tab and select all the options on that page, with the possible exception of the Bing IPs. It may be useful to keep that channel open in case you need to look up Windoze help online. You can’t do that if you shut off the Bing as well.  However, if you’re not prepared to concede even that much personal contact, it has to be said that googling windoze symptoms as they occur will usually turn up better and more readable results than Microsoft’s own turgid prose, so you’re not losing much.

I’ve read rumours that Microsoft has wised up to what’s going on with our blocking them in the hosts file and that they are beginning to hard code around the obstacle. I’m confident we’ll find or create the countermeasures as required.

Regaining Control of Windoze Updates is, I’m afraid, not quite so easy, so if any of the following instructions look like something you don’t already understand, you’re probably better off avoiding the fix, and, if you’ve got one, phoning a friend instead.

Let’s start with the heavy stuff. If you don’t know how to run something like gpedit.msc, it’s probably better that you don’t try. For those who are happy to proceed:

Run  gpedit.msc and go
Administrative Templates\Windows Components\Windows Updates\Configure Automatic Updates

Click “Enabled”

In the popdown list below “Configure Automatic Updating”

select “2 – Notify for download and notify for install”

Apply or OK

That’s enough to prevent Windoze doing any updating without your permission. It’ll notify you when downloads are available and it will put up a dimmed screen that makes it look like you don’t have a choice, but that’s a bluff. Just escape and carry on.

But it doesn’t deal with the remaining problem, which is that, by default, whenever you do realize, like it or not, that you need to update, at least to get the security glitches fixed, Windoze 10 will download ALL available updates, regardless of either your lack of need for them (eg, I use Office 2010. Word, Excel and, occasionally, Powerpoint ONLY. Despite which, I was getting updates for Outlook, One Note, Sharepoint, Publisher etc, none of which I have installed or intend to use. Ever.) Worse, some of their updates will break your system. Their recent Cumulative update broke mine because it failed to cope with the fact that I’d installed my SSD drive as something other than Drive Zero. (Good idea to do that, I now know. Or else disable UEFI in the BIOS, which is what I’ve now done) And thousands of other punters have had their systems broken by driver updates imposed on them without choice.

So here’s how you crack that problem.

2 DOWNLOAD WUSHOWHIDEDIAG.CAB from Microsoft. (that link active as of time of writing. I’ll change it or even post my own copy if they move the goalposts again)

Put a link to it on your desktop, you’ll be using it every time you decide its time for an update. I’ll get to “how” in a minute.

3 Amend the default settings for the Updates.

PC Settings\Update & Security\Advanced Options
You should see, given the changes you made above, that “the Choose how updates are installed” has changed to “Notify to Download” (might need a reboot before you see it)

Click the box “Defer Upgrades”. May not be absolutely essential but in principle allows you to avoid updates for ever (except, I believe for “Security Updates”). Which is not what you actually want, but it’s nice to know you can.

From this point on, you are back in the driving seat. You can either wait for Microsoft to notify you that there are updates available or do a manual check whenever it suits you.

The key step, which is essential if you want control of WHICH updates are downloaded is this:
Before you check for, or permit ANY updates, fire up the WUSHOWHIDE.DIAG  CAB you linked from the desktop

Microsoft has presumably been obliged to create this option to avoid being firebombed by irate users or, more likely, head off the major class actions from all those users whose machines have already been  borked by incompatible updates, like the examples above.

So it appears in the guise of a fault finder, but you’ll be using it as an update selector.

Let it initialise and it will go online to find any available updates. It will list them just like it always used to. and NOW you can tick all those you DON’T want and “hide” them.

Then go back to  PC Settings\Update & Security\ “Check for Updates” and let it update any it finds, which will not include those you hid.

Bingo, we’re back to normal control.

But while we’re at it, here’s a bonus fix for one of their tweaks that had thousands of us tearing hair out. The idiots have replaced the standard Windoze Photo Viewer with their “Photos” app. As soon as you try it, and realise you can no longer cursor back or forward to the next image, you think WTF? and kick the cat. After you calm down, you find that someone else has kicked their own cat before you and  created the quick(ish) fix.

Oh, and don’t forget to install Classic Shell, free, open source and a lot easier to  configure than any menu system windoze has ever included. And if you seek reassurance that you control how any third party software might be abusing your system, downstall at least the excellent free version of Spyshelter. And finally, nothing to do with Windoze 10 directly, this works on all windoze systems from 7 up. If you’ve ever lost a file that you know you haven’t deleted but just cannot find, you need the nearest thing to magic I’ve come across on the Windoze platform. Again, totally free, though if anyone deserves a donation, Everything, is my nomination. That 10 bucks, at least, has gone to a good cause.

Once you’ve got that lot installed, Windoze 10 can be almost fun to use…

 

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:

4 Failed Remotes? Coincidence? I Don’t Think So!

I wouldn’t usually bother you with the domestic trivia of failed remote controls. But this is some seriously weird shit. Thought a) you might be interested b) I want it on record.

It also occurs to me that perhaps I might not be the only one experiencing the weird shit. I can’t decide whether, if I’m not, that would make it more or less weird…

Beginning August 8, 2015 about 8 pm

The remote control on the TV stopped having any effect. In hindsight, I misinterpreted this. I’ve been having ongoing problems with the Sky HD box; having to reboot it daily, sometimes twice, because it becomes locked and entirely dysfunctional.

PIA.

So I assumed it was another case of frozen Skybox, rebooted the little expletive and got on with my life.

One darts session later, I went to catch Newsnight. See what they’re headlining at least. The system was ludicrously unresponsive. It took multiple keystrokes before anything would react. Took me 5 minutes just to get on to BBC2 and 3 more to get out of the TV guide.

And this was with two different controllers; the one supplied by Sky and the Multi-Controller I use for everything. So now I’m sure it’s the Skybox. Can’t possibly be two simultaneous failures of two entirely independent remote controls.

Bollocks. Have to call Sky tomorrow and get the box replaced. Goodbye to all that good shit I’ve got stored. Never Mind. Bollocks.

Right, let’s watch the first episode of Ripper Street which I downloaded from iPlayer a few days back. See if the series is going to be worth recording this year…

Want to watch it on the big screen. Enable it on the PC, pick up the remote control for the TV and try to switch the input from Skybox to PC. The TV Remote has no effect. Bollocks, must be batteries. Change batteries. No change.

wtf?.

I try the same thing on the Multi-Controller. I don’t usually control the TV from the MC cos it’s too many keystrokes to switch between the different devices it can control. But it’s useful to have it as a fall-back in situations like this.

It didn’t work either. WTF?

Fuck it. Watch it on my biggest monitor in HD. Up close, it’s damn near as good as the big screen.

But I still want the sound through the hifi.

Redirect the PC sound to the hifi and try to reduce the bass so I can hear the speech more clearly. I’m losing the upper ranges. Have to compensate. No biggie.

Bleedin’ amplifier has become unresponsive to its remote control. WTF? WTF? WTFFFF???

ALL FOUR OF MY REMOTE CONTROLS OR ALL THE DEVICES CONTROLLED BY THEM HAVE SIMULTANEOUSLY CEASED TO COMMUNICATE WITH EACH OTHER.

What are the odds on that being a coincidence?

By coincidence I spun round in my chair and angrily pressed the relevant amplifier remote key again. But this time, the remote control was only about 25 centimetres – 12 inches in old money – from the amplifier. And this time, it worked. I was able to do whatever I wanted with the remote at this ludicrously short distance. Not so much a “Remote Control” as a “Close Control” and rather undermining the purpose of having a detached control unit at all.

Hmmm… I wonder if any of the other “Remotes” are behaving as “Closes”.

I shit you not. ALL FOUR ARE NOW FUNCTIONING ONLY WITHIN 12-15 INCHES of the devices under their control.

First thought. Solar flux? Somehow “damping down” the infra red remote control signal. Can’t see how that would work but let’s check it out.

Not today. Today’s solar flux is running just about as average as you can get – according to the data at Solarham

So now I’m stumped. I can only speculate that some other kind of radiation or electric field – and one which is not usually present – is acting as a “damping field” and massively reducing the range of my remote controls. What kind of radiation or field could that be? Or could even do that? And how can I detect or record it?

Will check periodically to see what range I’m getting. But just as an example, I frequently use the Amplifier Remote and Multi-controller from the other end of the living room which is about 15 feet from the devices. No problem at all. Usually.

I’m open to suggestions…

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Postscript: 1 oclock in the morning. About to retire for the night. Decide to record the phenomenon with the intention of tracking any changes. Check they’re all still limited to close range. They are. Set up the video. Start videoing. I don’t believe it! They’re all back to normal range! So, apart from the camera itself, nothing else in the environment has changed. But whatever was damping the control signals seems to have retreated. Am I allowed to get paranoid yet?

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.

Optional Mortality – The Informed Consent Protocol

It’s time we set the rules for reviving digitally stored humans, once the revival technology has become available. I’m sorry if you had other plans, but this is important.

I don’t usually post responses to my forum comments on this blog but given my recent ramblings on our future as Digital Humans, it seems apt. First off, hat-tip to MrJSSmithy for the nudge. His question (Ah. If you get nagged about the unknown certificate, on the way in to the forum, please allow the “security exception”. Oh, and don’t forget to wipe your feet.) His question forced me to accept that my assumptions (about when we might choose to be revived in digital form) were a) hidden b) possibly unfounded or at least not necessarily universally applicable and c) needed to be made explicit.

There are multiple reasons we need to consider an Informed Consent Protocol, some of which are touched on in the play (Resurrection), where I introduce the notion of Omortality (optional mortality). Other reasons are touched on in my initial reply to Smithy.

While the arrival of the technology capable of sustaining our digital existence is obviously still speculative, it is certainly reasonable to assume that we’ll achieve the prerequisite storage capacity and brain reading techniques required to capture the human brain map well before we achieve the ability to revive that map as an autonomous human clone, psychologically identical to its source, but in a digital environment. Personally I reckon that gap (between the ability to store and the ability to revive) will be at least a few decades. Kurzweil is more optimistic.

When would Sir like to be revived?
In any case we can certainly anticipate that many bitizens will sign up for storage before they can ever know whether it will even be possible for them to be revived. Which means, if and when the revival technology is available we’ll have a backlog of – possibly millions or even hundreds of millions – of dead but digitally stored humans available to be re-activated. One obvious potential ethical issue will be the question of whether and in what circumstances each relevant individual has consented to be revived.

This is the most important issue which I am proposing to tackle with the Informed Consent Protocol. The idea is to allow anyone who opts to be digitally preserved to record, for the benefit of the eventual Revival Team or Computer, the conditions under which they would like to be re-activated and, optionally, the extent of that re-activation. As you may have gathered, I do not regard it as a simple “Yes/No” question.

There are definitely conditions in which I, for one, would not wish to be revived. For instance, if the planet is about to be struck by a massive asteroid or if the current batch of Islamic Terrorists has won their war against the modern world and humanity all lives under a new Caliphate – or any other form of Theocracy. Revival Mr Stottle? Think I’ll pass on this occasion.

Yes, I know that even the option of Revival would almost certainly have disappeared under a Caliphate but, a) I’m merely illustrating the point that there are potential circumstances under which I’d prefer to stay in storage. (Try me again in a coupla hundred years). And b) even (or especially) under a Theocracy, there will be a Resistance movement and it might be them who are trying to revive me.

So the Protocol needs to allow bitizens to set the parameters or conditions under which they would wish or not wish to be re-activated.

and how much of you shall we revive?
There are also potential levels of activation, short of full autonomy, which an individual may wish to accept in preference to full activation. The protocol needs to capture these preferences as well.

I’ve already made it clear that I wouldn’t wish my digital self to wake up in “the wrong sort of future”. But that doesn’t mean that no part of me could be revived without the full Stottle. In a digital environment the options are limited only by our imagination.

One such is a functional avatar, based on me but without the conscious spark (whatever that turns out to be) that makes it “me”. Such an avatar could serve two useful purposes. First, it could answer, on my behalf, any question that I’d be able to answer and could choose to answer or not based on its awareness of whether or not the full “me” would consent to answering. Second, it could identify the presence of the conditions in which I would be happy to be fully activated. And that possibility would make the protocol much easier to implement.

Instead of trying to describe all the possible reasons you may or may not wish to be revived, it would be much more straightforward if you could just say “Revive my Avatar to the point where it is capable of making the decision for me”.

Wake me up when I’m thirsty…
As well as deciding the moment of initial digital re-activation, I have predicted elsewhere that this (functional Avatars) is how future digital humans may well cope with living potential eternal lives. Unlike some, I do not imagine that, after living a few million years, some individuals might become bored and choose voluntary personal extinction. But I can imagine that, in some circumstances (eg travelling to a distant galaxy which might still take millions of years) where individuals might choose to become dormant until or unless their permanently conscious Avatar wakes them up because something interesting is about to happen (or just has).

But even if such Avatars become possible, we still need the Informed Consent Protocol so that each digitally stored human can record their unequivocal consent to the revival of, first, the Avatar and second, subject to the Avatar’s judgement, the fully restored human mind.

The other reason we need the protocol is, of course, that such an Avatar may NOT be possible, so we have to be able to leave some kind of guide to the conditions which would meet our consent.

So with all that in mind, here’s my first stab at the kind of questions you’d have to record your answers to, in order to allow a future Revival Team/Computer to make a reasonable assessment of your willingness to rejoin the human race. I do not intend to design some kind of “form” we’d fill in. I’ll just describe the issues the “form” has to cover. I’ll leave it for the legal eagles to create the paperwork.

Section 1 – Identity.
Obviously the Revival team will need a fool-proof way to identify you as the owner of the relevant digital store. That’ll almost certainly require a cryptographic proof. So a digital notary will verify your identity, record your consent and have it protected on an Immutable Audit Trail. It will include embedding the hash of the digital store (which we can assume to be unique itself) in the document which describes your consent to revival. This will tie the consent to the data. (It might even form part of the key which must be used to decrypt and unlock the data) The crypto-geeks will no doubt improve on that outline as we get closer to needing to store the data.

Section 2 – Avatar consent
Here we’d sign up to allowing an Avatar, judged – in the technical context of the time – capable of representing your wishes, to make the judgement on your behalf as to whether “now” is the right time to revive you. This is obviously a conditional consent based on the existence of technology which makes the Avatars possible and capable of that level of functionality.

Section 3 – Unaided consent
This is the more difficult scenario where we have to try to anticipate, today, all the possible reasons which might exist tomorrow which might deter us from being revived. Or an overriding positive condition which will authorise our revival regardless of any potential obstacles.

However, I don’t think it’s as difficult as it may first appear. Because, in short, you could always decide to go back into hibernation. So you could stipulate that you’ll act, in a sense, as your own Avatar. You’ll wake up, take a look around and decide whether or not to make the awakening permanent or hit the snooze button for another thousand years.

That would only require one condition to be true in order for your revival to be permitted and that condition is simply that the newly awakened you will retain the sole authority on whether and how long you stay re-activated. You might even make that the ONLY condition for your revival. “Don’t wake me up until and unless when I wake up, I can choose to return to indefinite storage”, or the more positive “Wake me up as soon as it becomes possible for me to exercise the option to return to storage”

Section 4 – Arbitrary conditions
Where the first three sections really deal with the technical issues of identification and available functionality, this section needs to deal with non-technical issues which might affect the stored individual’s decision on revival. If the (section 2) Avatar consent is possible, then this section would be unnecessary, but if not, then the individual may need to list the conditions which they consider would block or permit their revival; or should at least be present/absent before attempting revival under (Section 3) unaided consent.

For instance, someone might stipulate that they would only want to be revived if other named individuals had also chosen to be revived. Or, more negatively, if other named individuals had NOT chosen to be revived.

Section 5 – Simultaneous Consciousness and the “Right to Murder”?
This section is the direct result of MrJSSmithy’s question. It is probably not going to be an issue for the first generation of digitally stored humans because it won’t be possible, as mentioned above, to re-activate your stored version until the technology has advanced to make that possible and that is likely, in my view, to be a few decades after we’ve begun to store ourselves in digital form.

But step forward, say, a hundred years from now and there is no obvious reason why your digital clone could not be re-activated as soon as the backup is complete. As I said in the forum, I’ve always been conscious of the myriad of awkward issues this would raise and assumed that we’d avoid the problem by forbidding such activation while the “source” (or “Simulee” as I’ve named it in the forum reply) remained alive. (see the reply for more detail)

That, I now admit, was essentially a personal prejudice. I wouldn’t permit it for my clone, but I can’t think of any technical reason why it would not be possible to have multiple versions of yourself active at the same time. I’m quite sure we will do that deliberately when we ARE digital humans. For example, I can imagine sending a version of myself off to live on the plains of Africa to observe the wildlife in real-time for periods of decades at a time. It might be an advanced Avatar or a full clone. It might have no physical form, or the form of an insect just large enough to fly around with an HD camera, or whatever, and it might link up other versions of me, from time to time to merge experiences.

The question is, would such an arrangement be feasible or “a good idea” while your organic self was still around and gathering experience and data in its own pedestrian organic fashion? The biggest single problem being that, whereas digital versions of yourself could easily choose to merge their experiences, and will thus always comprise the full organic you, plus any new experiences the clone/s gather in their new existence, the traffic is likely to remain very much “one way”. i.e. the organic you will never be able to assimilate the experience of your active digital clone/s…

… and a major consequence of that would be that the inevitable divergence between the personality of source and clone/s may quickly reach the point at which they can no longer be considered the “same person”. Indeed, as I suggest in the forum discussion, the clones might actually become antagonistic to their own source!

For me, therefore, simultaneous consciousness is a big “no no”. But others may be indifferent or even think it’s a good idea. So this final section of the protocol needs to spell out whether, while you remain alive, you would consent to the full activation of the clone. And even that, even for me, is not going to be a simple “yes/no” question.

Attending My Own Funeral
For example, as I say in the same place, I can well imagine circumstances in which my organic self deteriorates into the senescence of old age and dementia robs me of the ability to meaningfully consent to anything. At which point I would be happy for my digital clone to be activated and assume “Power of Attorney” over my organic shell until it shuffles off this mortal coil. Indeed it is the vision of that future which led to my saying somewhere in the distant past “I hope and intend to be one of the first humans to attend (perhaps even conduct!) their own funeral”

Actually I now recognise that to be a bit too optimistic. Although I hope and still expect to survive till the storage technology becomes available, hanging on till revival is also possible is probably a bit of a stretch given that I’m already in my sixties.

Nevertheless, this final section needs to allow the organic source to stipulate the conditions under which activation of the clone could take place during their organic lifetime. And it is actually the most potentially controversial component of the entire protocol.

Essentially, this section needs to cover the issue of whether or not the organic human can “murder” their own digital clone, and even, in the Power of Attorney scenario, permit almost the exact opposite – where the clone, for example, eventually gives the final authority to switch off the life support system for its organic source.

I point out, in the forum reply, that the ONLY reason I would want to activate my own clone while I was both alive and fully functional, is that I would need to be convinced that the clone really was “me”. (I raised the point, first, during a lengthy debate, on whether that was even conceivable)

And that the only way I can currently imagine being sufficiently convinced would be to engage in a fairly lengthy and confidential conversation with my clone to probe it’s conformance with me. For which reason it would obviously have to be activated.

When Does My Clone Achieve Normal “Human Rights”?
But that immediately raises the question of the legal basis on which I can then effectively say, “yup, you’ve convinced me, now go back to sleep”. That, of course, would NOT be murder. (because the clone could eventually be revived again) but if we allow the more extended activation suggested by MrJSSmithy’s question, it raises the possibility, as I’ve already mentioned, of the clone become hostile to the source, or even without such hostility, developing characteristics which so horrify the source that the source decides s/he needs to terminate their own clone. i.e wipe the storage – not just put the clone to sleep. Would we – COULD WE – ever permit that?

I think that’s likely to become a hotter topic once the technology exists and clones have started to be stored. But I can certainly imagine a rule which would encompass the simpler situation described by my own preference.

For a start, given that my own clone would start out as psychologically identical in all respects to me, I have no problem in stating, on behalf of my clone, that I am willing to be put back to sleep after I have convinced myself that, as a clone, I really am “me”. I have no problem further stipulating that if my clone indicates, during the persuasion period, that it has changed its mind and now wishes to remain active, that this should be taken as direct evidence that it is a faulty copy (because it clearly does not mirror acceptance of this crucial condition) and should thus not just be de-activated but destroyed.

The first question, if you like, for the newly activated clone, would thus be: “do you still accept these conditions?” If not, the clone is immediately destroyed, whereas, if it indicates it is still happy with the conditions, then it has already consented to de-activation after persuasion.

But that only really deals with the relatively simple scenario required for the short “period of persuasion” and I don’t anticipate that such periods will even be necessary once the technology has been running long enough for people to trust it without such tests.

So the really difficult question is whether and how we would frame rules to deal with de-activation or destruction after a clone has been allowed to develop its own new life during the lifetime of the organic source. My gut instinct is to avoid that problem by blocking the option, as I would do for my own clone. Once you’ve allowed the clone to become a “different person” you can no longer kill it. The only law I can imagine being consistent with our current notions of autonomy and “human rights” – once a clone has been permitted to diverge to the point where it no longer wishes to become dormant – is one that states, from that point on, the clone is one of us…

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(Feel free to discuss this here or on the forum. You have to be a WordPress member to post comments here and you need to join my forum to add comments there. Be seeing you…)