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item0049C  794, 795

794   25 August 2003   

Improper surveillance

Nobody could have guessed that the process of re-stacking Tesco's shelves would constitute the latest threat to our civil liberties.  Yet that is what has happened.  A new chip-controlled system for verifying shelf stock-levels involves photographing the actual removal of items from the shelves - and could easily be used to track people rather than products.  Liberty is protesting against this further erosion of personal privacy.  Electronic surveillance is expanding apace.

By what principles should its growth be regulated?  At every turn, new surveillance technologies pose new issues of principle for "society", in particular for societies with strong conventions of individuality and privacy.  For my part, I have formulated the following principles, and I propose them for debate.

I  Management, not Prevention   Now that the genie of electronic micro-surveillance is out of the bottle, there is no question of its general prohibition.  Advertisements abound for tiny webcams which can be installed anywhere - electronic surveillance of public places and highways, for crime prevention purposes is widespread - private deployment in property protection is endemic - webcam websites offer much harmless enjoyment - deployment for tracing and detection is bound to proliferate.  The problem is not with its physical deployment, but with the abuse of power which can so easily be entailed in the use of this technology.

II  State use, or "private"?   Our first task is to regulate the abuse of power by the State - by organs of the state, Police, military intelligence, tax authorities, local authorities, health and social services.  Such abuse may be deliberate or accidental, and may occur in several different ways - by misapplication, mistake, accumulation or negligence.  A policeman on surveillance of a building may use the resultant information for his own ends, whether private manipulation or blackmail.  Survey results, collected secretly, may be inadvertently released or publicised.

Two systemic precautions should be in place.  First, abusive conduct of all kinds by state officials should be prohibited, and the ban enforced by way of discipline and the criminal law, as with comparable conduct.

Second, at the level of "system", surveillance should be installed only when there is a specific substantive purpose for it.  For my part, for example, I am not satisfied that the London congestion charge constitutes a sufficiently weighty purpose for the whole network of Central London highways to have been subject to 24-hour electronic surveillance - for the purposes of charge collection.  A system of paper tickets should have been tried first.  The indications are that the electronic system was adopted for anti-terrorism purposes, and not for charge-collection - indeed, an expensive face-recognition system has been added to the camera-system used to pick up vehicle registration data.  Reports suggest that the system is now used by the Police for routine law enforcement purposes.  This form of State-sponsored surveillance drift, is profoundly threatening to individual freedom.

III Avoid permanent installations  We should insist that, wherever possible, the State should deploy temporary surveillance, rather than install permanent systems.  Ironically, as the technology improves, cheapens and miniaturises, temporary deployment becomes more practicable.  Older, bigger, more expensive cameras seem to have justified permanent deployment, in many of our high streets and public places.  We should require public authorities to justify specific installations, for specific purposes, at specific times.  A public right of challenge should be created, entitling citizens to challenge the utility of all installations, before the Courts.

IV "Private" Installations   Given the dominance of the corporate sector, there is a gradual differentiation to be drawn between the public and the private realms.  The cameras which picked up up James Bulger was a private camera, in a Liverpool shopping-centre.  Our legal conventions will make it much more difficult to protect ourselves by legislation against surveillance drift and abuse in the private sector.  Equally, the character of private surveillance is immensely variable - for example, you can check  on the state of the waves at my local Langland Bay this morning, by clicking through to "Webcam" from here - and it is conceivable that such a webcam picture could prove intrusive to an individual caught upon a secret personal assignation on the beach at the time when the photo was taken.  But the threat to personal freedom is minimal!  Even the BBC runs webcams, for example of the Promenade at Aberystwyth although not one likely to trouble the civil rights lobby...

Private sector surveillance is likely to prove problematical in the scrutiny of staff by employers, although I am not aware of any causes celebres in this sector, as yet.  Locker searches, E-mail surveillance, telephone-tapping - these have all caused difficulty, however, and electronic surveillance is bound to generate difficulties in this relationship.

I suggest that, without attempting to create an absolute bar of any kind (which would be impractical, and would fail) we should at all times apply the three principles of -

  • appropriate purpose,
  • proportionate deployment and
  • minimal intrusion

in both the public and private sectors.

What do you think?  Drop me a line

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795  25 August  2003  

For original RWE article Click Here

Hello Roger

Concourses for our Teens

Your idea of "concourses" for teenagers would probably not be feasible for the 12 -15 age-group.  Further, it may work only for specific neighbourhoods in a town or city: I'm thinking here obviously of class and socio-economic factors.

I gave much thought to this issue, when I was a Councillor for Caerphilly CBC.  I found that you could break up this age range in to three age-bands -: (a) 12-to-15  (b) 16-to-18 and (c) over-18.  The needs and wants of each group are different.  I think this is why “community centres” so often fail – they are perceived as the preserve of the over 50s - some “classes” may be run  for younger people, but they are not centres for “hanging out'”…  Your proposals would probably work best when applied to cyber-cafes -  up-dating coffee bars and milk bars. 


I have done my own vox-pop on this, and what the young seem to want is a place to 'hang out' without interference from the adult world. You could call it “contained irresponsibility”.  The 12-to-15 age band is fickle - as a Councillor I received more complaints about noise and anti-social behaviour from this age-group than any other. Their favourite places for "hanging out" are bus shelters, public benches, sopping-areas. street corners or cul-de-sacs; especially where there is street-lighting.  For this age-band, my idea was to erect structures shaped like mushrooms - built like modern bus-shelters with an overhanging roof and seats, using vandal-proof materials.. Each "mushroom" would be provided with several power-points and lighting.   There would of course be the vexed issue of location: modern housing developments have very little amenity space.  Such "mushrooms" could be made a condition of any residential planning consent.
 

For the other age-bands - we come back to class and socio-economic factors.  Working class kids are too much of an amorphous mass for your idea of a concourse to work.  Your idea may work for middle-class kids, as well as some of the kids from working-class homes.

Back to you,  Roger - regards,

Peter FitzGerald
     
 

Solicitor, Caerphilly, South Wales, UK - former Labour Councillor


====================================================================

 Dear Peter

“Concourses” for Teenagers

Great to hear from you – and of your experience as a Caerphilly Councillor.  And I am very attracted by your “mushrooms”, even if their precise location would be a planning nightmare! They would be Rolls-Royce bus-shelters without disruptive buses, and would retain some of the attractions of a teen-age world, with real elements of escape and independence of the adult world.  And the 13/14 age-group might well prefer to hang-out there than to come into a concourse. I accept that.

We agree, also, on the need for a sense of independence and distance from the adult world – adult “supervision” (as in the Scouts, or Church or Police youth-clubs) would be anathema, and kill off any major initiative. That is a key thought behind the concourse concept: the adults would withdraw to the neutral/distant role of “landlord” – like leaving the house to the kids for a birthday-party… There would be no question of trying to combine a concourse with an “adult” community centre. 

The question is “Could our teenagers actually run a concourse-club for themselves?”   Would the older teenagers be willing/able to manage provision for the younger teenagers, or is the divide too great?  And you are right to high-light “class differences”, however idealistic we all like to be about universal potential – my only reply is that I believe that, in each eight-year youth “cohort” (i.e. age 13/20) one would find enough individuals with the ability and inclination to take up the organising opportunities which a concourse would offer – the probability is that the Directors and managers would in practice be drawn from the 16/18 age-group, with personal involvement falling off after 18.  I have always been deeply impressed with the success of Young Enterprise, the teenage business charity which promotes the formation of teenage business projects, for training purposes.  And while it is true that “middle-class schools” tend to do well in the Young Enterprise stakes, they have no monopoly of success! 

Only time, and experience, would tell.  If any reader has any thoughts about the location of – 

  • (a)     an experimental Petrine Mushroom

  • (b)     an experimental Concourse 

I hope they will let us know! 

Yours sincerely  

Roger WE
 

What do you think? Any ideas?  Drop me a line

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