We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

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

Down the slippery slope

riot police in Ankara

I was in Ankara on December 23 last year, in the commercial centre of town in the middle of the day. I walked past a street with a number of cafe/restaurants. I realised I was hungry. I sat down at an outdoor table, looking away from the street. I ordered a sandwich. My sandwich came. It was mediocre, but satisfied the “I am hungry” problem. (This was slightly disappointing of me. Turkey is a country of terrific food, and one should plan one’s meals better than just going for the nearest food when one finds oneself hungry). I got out my phone and started reading a book on the Kindle app as I was having my lunch.

After an indeterminate period of time, I realised I was hearing a high pitched scream behind me. It was probably a woman, but I couldn’t be sure about that. I turned around. There was an almost literal phalanx of riot police, separating the public from what was going on. There was a police van on the other side of the riot police. The person who was screaming was somewhat violently pushed into the van. The rear doors of the van were then closed fairly violently. The van drove off. The riot police then dispersed. They looked like this was heavily rehearsed, and this was something they did every day.

There was no riot. There was no demonstration. I don’t know how this started, because I was looking in the opposite direction and I was distracted until I heard the screaming. This looked like a well planned operation to grab a particular person off the street. In broad daylight. In the middle of a busy city. So that people would notice.

When I saw that this was happening, I noticed that other people in the cafe were taking pictures with their phones. So I briefly stood up and took a picture with my phone. The police were looking in other directions. One day I will get myself into trouble doing things like this, but in this case, well, I think the police wanted to be noticed. By locals, at least. Maybe not foreigners such as myself.

A few days later, after visiting a few wonderful archaeological sites in parts of Turkey, I was on a bus travelling along the Turkish Black Sea coast from Trabzon to the Georgian city of Batumi. During this journey there were two stops at police checkpoints. At the first one, a police officer got on the bus and everyone was required to show ID. The Turkish people had bar codes on their ID cards scanned electronically by a reader being carried by the police officer. (I held out my passport – the policeman looked at it and nodded). At the second one our ID documents were taken off the bus and into the police checkpoint building, before being brought back on the bus.

When you book a train ticket in Turkey and you are Turkish, you don’t even need a ticket. You simply give your ID card number when booking the train, and when you board they scan the ID card and associate it with the booking.

Turkey tracks the internal movements of its citizens electronically. They do it like this if you catch a bus or train or plane. If you drive your own car, I suspect it is done with number plate recognition.

Turkey is a wonderful country full of magnificent things. I visit often. It is also a police state, and a very nasty one.

I enjoyed my trip to Turkey, but I felt some relief when I reached Georgia. A much freer country.

I hope so

Harry Miller: “This is a warershed moment for liberty”

The police response to an ex-officer’s allegedly transphobic tweets was unlawful, the High Court has ruled.

Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets.

He was told he had not committed a crime, but it would be recorded as a non-crime “hate incident”.

The court found the force’s actions were a “disproportionate interference” on his right to freedom of expression.

In a separate story from the one I quote above, the BBC goes on to report that

Mr Justice Julian Knowles said the effect of police turning up at Mr Miller’s place of work “because of his political opinions must not be underestimated”.

He added: “To do so would be to undervalue a cardinal democratic freedom.
“In this country we have never had a Cheka, a Gestapo or a Stasi. We have never lived in an Orwellian society.”

I did not know we still had judges like that.

Edit: This is the text of the judgement: Miller -v- College of Policing, 14 February 2020.

Samizdata quote of the day

The wise & incorruptible state can be trusted to decide what people are allowed to watch, read & listen to, no way would they abuse such capabilities once they are in place

#MakeOrwellFictionAgain
#TheStateIsNotYourFriend

– Perry de Havilland in response to this.

Bringing a criminal to justice at the cost of telling their victims what they would rather not have known

A horrible thought occurred to me while reading press accounts of the recent trial and conviction of Reynhard Sinaga, who may have been Britain’s most prolific rapist.

Sinaga’s modus operandi was as follows:

He would wait for men leaving nightclubs and bars before leading them to his flat, often offering them somewhere to have a drink or call a taxi. Giving them a drugged drink, believed to have been spiked with GHB, Sinaga would then assault the victims while they were unconscious and video the attack with a mobile phone.

In this fashion he got away with more than a hundred rapes because his victims did not know they had been raped. Finally,

In June 2017, his last victim, an 18-year old, regained consciousness during the rape, fought off his attacker, and reported the incident to the police. Sinaga was badly beaten and was taken to hospital, while police initially arrested his victim on suspicion of grievous bodily harm. Subsequent examination of Sinaga’s iPhone by the police led to the discovery of more than 3 terabytes of digital video evidence of his assaults and rapes. Many of his victims were traceable because Sinaga kept their phones, watches, ID cards, etc., and he had used social media to reach his unknowing victims online.

Note the word “unknowing”. The horrible thought that occurred to me was this: some (not all, but a substantial number) of Sinaga’s victims have said that their lives were seriously damaged by the police tracing them and telling them that they had been raped while drugged and unconscious. They would have preferred not to know. More painful yet, the fact that they had been raped became public knowledge at the trial. But if the police had not traced Sinaga’s victims and marshalled the evidence against him for the judge and the jury to see, he would have been able to continue with his crimes indefinitely.

In the end, I would say that in Sinaga’s case the public interest had to take precedence: he had to be stopped. Yet I think that situations could occur where it might be justifiable to let a criminal go unpunished in order to save his or her unknowing victims from the pain of discovering that they had been wronged.

Hello, I’m Dr Google and I’m here to look after you

John Harris is one of the Guardian‘s best journalists. He is a left winger who wanted to remain in the EU, but the series of video reports by him and John Domokos called “Anywhere but Westminster” showed their determination to literally and figuratively move outside their comfort zone on the issue of Brexit.

Now he has turned his attention to a new subject: health apps and Big Data in the age of the Internet of Things.

Will having longer, healthier lives be worth losing the most basic kinds of privacy?

The deal has yet to be approved by the relevant regulators, but Google has got most of the way to buying Fitbit – the maker of wearable devices that track people’s sleep, heart rates, activity levels and more. And all for a trifling $2.1bn (£1.6bn).The upshot is yet another step forward in Google’s quest to break into big tech’s next frontier: healthcare.

Last month, in a Financial Times feature about all this, came a remarkable quote from a partner at Health Advances, a Massachusetts-based tech consulting company. Wearables, he reckoned, would be only one small part of the ensuing story: just as important were – and no guffawing at the back, please – “bedside devices, under-mattress sensors, [and] sensors integrated into toilet seats”. Such inventions, it was explained, can “get even closer to you than your smartphone, and detect conditions such as depression or heart-rate variability”.

Most people here will probably think that the article and even more so the comments give too much weight to the creepiness of private corporations monitoring your every breath and too little to the creepiness of the NHS doing it. But even the biggest fans of capitalism can feel unease at anyone having this level of knowledge of the most intimate aspects of our lives. (Time was it was only little green men from flying saucers who had such a probing interest.) Nowadays both the private and the public sectors are amassing data, and whichever of them gets a comprehensive health surveillance system working first will promptly sell it to the other.

Then again, before you declare that you will never allow the Internet of Things anywhere near your body, read this comment from “ID20857”:

A few months ago my Mum had a stroke. She is now paralysed down half of her body and confined to a wheelchair. I’m sure if she had the option of an early warning which could have prevented her stroke she wouldn’t give a f**k about her privacy.

What, if anything, should we be doing about Huawei?

There is a kerfuffle here in the UK over 5G. I can’t in all honesty say that I have the slightest idea what 5G is but I surmise that it is one better than 4G. The issue is around whether the Chinese company, Huawei, should be allowed to supply some of the equipment. Lots of people, including James Delingpole say, “no”. And very few people say, “yes”.

The first question that springs to (my) mind is, what has this got to do with the government? Which I suppose is bound up with the question of what is the threat? Assuming that there is a threat and that government should be “doing something about it”, what is that something?

About the only thing I know about China and telephony is that you should never take your phone to China.

Oh, and one other thing. Guido Fawkes observed that the real scandal is that Chinese technology should prove to be better than western technology. Is this true and is it a portent?

Samizdata quote of the day

Wearing face masks in public is presently illegal in Hong Kong and compulsory in Wuhan

Michael Jennings

Our ‘Stasi’ face a legal challenge – ‘The right to be offended does not exist’ says a High Court Judge.

A Lincolnshire businessman (and former police officer), Mr Harry Miller, has sought a judicial review of one of the more sinister aspects of current policing, the recording of ‘hate incidents’ by the police even when there is no offence (on their own admission). The case is ongoing, and a report in The Telegraph (paywall of sorts) indicates that the judge made a remark that might indicate that he was surprised at the position of the ‘College of Policing’, one of those quangos that isn’t needed and might even have been invented to hammer nails in to the coffin of the liberties of Englishmen.

The “right to be offended” does not exist, a judge has said, as the High Court hears that British police forces are recording hate incidents even if there is no evidence that they took place.

The College of Policing, the professional body which delivers training for all officers in England and Wales, issued their Hate Crime Operational Guidance (HCOG) in 2014, which states that a comment reported as hateful by a victim must be recorded “irrespective of whether there is any evidence to identify the hate element”.

Mr Justice Knowles expressed surprise at the rule, asking the court: “That doesn’t make sense to me. How can it be a hate incident if there is no evidence of the hate element?”. Mr Justice Knowles made the remark on the first day of a landmark legal challenge against guidelines issued to police forces across the country on how to record “non-crime hate incidents”.

He added: “We live in a pluralistic society where none of us have a right to be offended by something that they hear.

“Freedom of expression laws are not there to protect statements such as ‘kittens are cute’ – but they are there to protect unpleasant things.

“Its utility lies in exposing people to things that they do not want to hear.”

I note that the BBC takes a different line on the case, highlighting the following:

He (Mr Miller) previously described police as using George Orwell’s novel 1984 as an “operating manual”.

His barrister, Ian Wise QC, told the court his client was “deeply concerned” about proposed reforms to the law on gender recognition and had used Twitter to “engage in debate about transgender issues”.

Mr Wise said Humberside Police had also sought to “dissuade him from expressing himself on such issues in the future”.

This, he said, was “contrary to his fundamental right to freedom of expression”.
Mr Miller has “never expressed hatred towards the transgender community”, he said.

“He has simply questioned the belief that trans women are women and should be treated as such for all purposes.”
His views, he added, “form part of a legitimate public debate and cannot sensibly be regarded as ‘hate speech'”.

In response, Jonathan Auburn, for the College of Policing, said: “While the claimant now expressly disavows having any personal hostility or prejudice towards transgender people, his social media messages speak for themselves.”

In one tweet, he said Mr Miller posted: “I was assigned mammal at birth, but my orientation is fish. Don’t mis-species me.”

It strikes me that Counsel for the ‘College’ is not making a legal point there, but is trying to stretch a factual one, and conflating incredulity with hostility.

At last, someone is taking on the PC State. The case continues. It could set a most welcome precedent on this issue, but it would need the Court of Appeal to rule on the issue to make a generally-binding precedent for England and Wales.

What airports tell us about a police state

Kevin D Williamson doesn’t hesitate to put the boot in:

With apologies to Margaret Atwood and a thousand other dystopian novelists, we do not have to theorize about what an American police state would look like, because we know what it looks like: the airport, that familiar totalitarian environment where Americans are disarmed, stripped of their privacy, divested of their freedom of speech, herded around like livestock, and bullied by bovine agents of “security” in a theatrical process that has an 85 percent failure rate because it isn’t designed as a security-screening protocol at all but as a jobs program for otherwise unemployable morons.

Now, when I hear the words “otherwise unemployable morons,” I think of Robert Francis O’Rourke and his sad little presidential campaign, which suffered a little setback on Tuesday night when the gentleman who advertises himself as “Beto” tried out some tough-guy shtick on Pete Buttigieg, who is, whatever else you can say about him, a veteran of the Afghanistan campaign, one who rightly pointed out that he doesn’t have to prove his “courage” to the idiot son of a well-connected El Paso political family who has done almost nothing with his life other than show himself a reasonably effective fundraiser in the family business.

O’Rourke is a cretin, and an ambitious cretin at that. And what are his ambitions? Turning America into the airport.

Samizdata quote of the day

We dare not be honest if we cannot speak privately.

– Matthew Parris

That Which Shall Not Be Named

It waits. It hungers. In its tenebrous embrace all memories, all identities, all names are lost. What was once known becomes unknown.

And a jolly good thing too, that’s what I say.

The Scottish government’s creepy Named Person Scheme has been fed to Azathoth, the BBC reports.

An earlier post of mine called “Sixty pages” described one father’s experience of the pilot scheme:

The surviving extracts appeared to indicate that the minutiae of his family life had been recorded in painstaking detail for almost two years, under a Named Person scheme which has been introduced in his part of the country ahead of its final roll-out across all of Scotland in August. A separate note made by the Named Person charged with keeping an eye on the academic’s two little boys was concerned with nappy rash.

Rob Fisher also wrote about it here: What the GIRFEC?

A reminder to Conservatives of why they should not abridge the right to keep electronic communications private

Boris Johnson’s aides say they’ll ignore a vote ordering them to hand over WhatsApps and Emails

Buzzfeed have been quick; the vote in Parliament to which the story refers took place only a few minutes ago. It may all be theatre: according to the Guardian‘s Andrew Sparrow, the government will probably say it does not have the legal power to comply with the vote even if it wanted to. It could reasonably cite the European Court of Human Rights (and before you ask, that court is not part of the European Union, though as Paul Marks is fond of observing, the two are intertwined).

What a farrago. I did consider posting this in Samizdata’s sister blog, The Great Realignment, but although this vote is part of yet another Parliamentary scheme to stop Brexit happening, its implications for civil liberties are what interest me most. In the era of the Twitter flash mob, it is within the realms of possibility that even obscure folk like you and me could be the next targets of public rage, and the Right Honourable Members are not averse to putting themselves at the head of the crowd. How would you like it if a fishing expedition by a bare majority of MPs could force you to turn over your emails and WhatsApp messages?