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Wired reports that a California bill is moving swiftly through the state legislature that would make it illegal for state agencies and other bodies to use the technology in state identification documents.
The bill, which California lawmakers believe is the first of its kind in the nation, would prohibit the use of radio-frequency identification, or RFID, chips in state identity documents such as student badges, driver’s licenses, medical cards and state employee cards. The bill allows for some exceptions.
The bill allows for a number of exceptions for the use of RFID, such as devices used for paying bridge and road tolls, ID badges used for inmates housed in prisons or mental health facilities, or ID bracelets and badges used for children under the age of four who are in the care of a government-operated medical facility.
The bill allows agencies to obtain additional exceptions to the ban if they can prove to the legislature that there is a compelling state interest to use it in certain situations and can prove that other, less invasive technologies would be unsuitable. The bill allows state agencies that already have RFID devices in place – such as the Senate and Assembly office buildings – to phase them out by 2011.
It would also outlaw skimming – which occurs when an unauthorized person with an electronic reading device surreptitiously reads the electronic information on an RFID chip without the knowledge of the person carrying or wearing the chip.
Wired reports how in an attempt to establish equity in the world of surveillance, participants at the Computers, Freedom and Privacy conference in Seattle this week took to the streets to ferret out surveillance cameras and turn the tables on offensive eyes taking their picture.
The opposite of surveillance — French for watching from above — sousveillance refers to watching from below, essentially from beneath the eye in the sky. It’s the equivalent of keeping an eye on the eye. With that in mind, Mann conducted his tour with conference participants to see how those conducting surveillance would respond to being monitored.
In the stores, as conference attendees snapped pictures of three smoked domes in the ceiling of a Mont Blanc pen shop, an employee inside waved his arms overhead. The intruders interpreted his gesture as happy excitement at being photographed until a summoned security guard halted the photography.
Mann asked the guard why, if the Mont Blanc cameras were recording him, he couldn’t, in turn, record the cameras. But the philosophical question, asked again at Nordstrom and the Gap, was beyond the comprehension of store managers who were more concerned with the practical issues of prohibiting store photography.
Mann quoted Simon Davies of Privacy International, a London-based nonprofit that monitors civil liberties issues:
The totalitarian regime is the regime that would like to know everything about everyone but reveal nothing about itself.
He considered such a government an “inequiveillant regime” and likened it to signing a contract with another party without being allowed to keep a copy of the contract.
What I argue is that if I’m going to be held accountable for my actions that I should be allowed to record … my actions. Especially if somebody else is keeping a record of my actions.
The Daily Texan reports that State Rep. Larry Phillips, R-Sherman, isn’t happy that one-quarter to one-third of all Texans drive without automotive insurance, according to his research. He aims to change that with his proposed House Bill 2893, which includes a subsection that some find disturbing: the addition of an electronic tracking and identification system onto each vehicle.
The RFID tag would transmit a unique frequency that would show the vehicle’s make, model, identification number, the title as registered with the Department of Transportation and whether or not the driver has insurance coverage. The proposed law also makes clear that the state will create a database of insurance provider and coverage information, keeping track of who has what insurance policy and whether it is paid or not. Scott Henson, a Texas American Civil Liberties Union police accountability and homeland security specialist warns:
The language opens up the whole tracking system for any conceivable law enforcement use,” Henson said. “Once that happens, Texans’ cars might one day appear as electronic dots on law enforcement’s computer mapping screens.
The transponder lets the government track you wherever you go, whether to visit your grandmother, secretly visit a gay bar or drive to a medical supplies office, whatever.
Philip Doty, associate director of the Telecommunications and Information Policy Institute at UT-Austin goes to the heart of the matter:
In post-Patriot Act America, people have lost awareness of the little changes that lead to a chain of effects that restrict us politically and individually.
The Passport Service (UKPS) is working with the Home Office on the processes required for integrating the issuing of passports with the planned national identity card scheme.
The government’s ID Cards bill includes plans to set up a new independent government agency to administrate the central identity register at the heart of the scheme and to issue the cards. UKPS will be taken over by the new organisation.
According to the UKPS business plan 2005-10, published last week, a key task is establishing the business processes needed to issue passports and ID cards.
For the period 2007-10 there will be continued development of the passport processes, but also (potentially) full integration with the Identity Cards Scheme, as we move to start issuing British citizens with a passport book/identity card package and to establish the National Identity Register.
Post a review of a book or other product on Amazon.com, and the information may find its way into the company’s file on you. CNET has more on Amazon having been granted a patent for a system that gathers clues from reviews about customers’ gift-giving habits in order to suggest future gifts and reminders.
Consumer advocates worry that the company’s profiling practices may have gone too far and could exploit the giving of gifts and the sense of community that customer reviews were designed to engender.
Here’s how the proposed system works, according to Amazon’s patent claim: Amazon would gather information about gift recipients, including their names, addresses and items customers send them. The system would then try to guess their gender, age and the gift-giving occasion based on the type of present, messages written in gift cards, dates gifts are ordered, items on wish lists, and commentary in related consumer reviews.
The system appears particularly geared toward people buying gifts for children, with its ability to recommend “age appropriate” gifts.
Jason Catlett, founder of Junkbusters, a consumer watchdog, said:
They are building a speculative profile on you before you even know you’re dealing with them, because someone sends you a gift.
He’s particularly dismayed by the prospect of Amazon monitoring customer reviews for marketing purposes.
Well, so am I. But I think Catlett is onto something when he says:
People will hesitate to publish reviews if they know the result is to enlarge their profile in some secret marketing database.
The land of the free is imposing privacy-busting requirementson its visitors.
At America’s insistence, passports are about to get their biggest overhaul since they were introduced. They are to be fitted with computer chips that have been loaded with digital photographs of the bearer (so that the process of comparing the face on the passport with the face on the person can be automated), digitised fingerprints and even scans of the bearer’s irises, which are as unique to people as their fingerprints.
There are so many concerns that one does not know where to start:
For one thing, the data on these chips will be readable remotely, without the bearer knowing. And—again at America’s insistence—those data will not be encrypted, so anybody with a suitable reader, be they official, commercial, criminal or terrorist, will be able to check a passport holder’s details.
So we have unencrypted details about an individual, recorded in by an unreliable manner (biometrics). That’s what I call the worst of both worlds…
A second difficulty is the reliability of biometric technology. Facial-recognition systems work only if the photograph is taken with proper lighting and an especially bland expression on the face. Even then, the error rate for facial-recognition software has proved to be as high as 10% in tests. If that were translated into reality, one person in ten would need to be pulled aside for extra screening. Fingerprint and iris-recognition technology have significant error rates, too. So, despite the belief that biometrics will make crossing a border more efficient and secure, it could well have the opposite effect, as false alarms become the norm.
And far more unpleasant as you already be ‘guilty’ of not having your non-papers in order.
The scariest problem of all is the remote-readability of the chip, which combined with unencrypted data on it, make is designed for clandestine remote reading. Deliberately.
The ICAO specification refers quite openly to the idea of a “walk-through” inspection with the person concerned “possibly being unaware of the operation”.
Privacy and liberty implications of this are enourmous… and it gets worse. Identity theft will become a matter of setting up such clandestine remote readings. Terrorists will be able to know the nationality of those they attack.
Even the authorities realised that this would be double-plus-ungood and are looking for ways to ‘protect’ the chip either by blocking radio waves with a Faraday cage or an electronic lock. As a result, some countries may need special equipment or software to read an EU passport, which undermines the ideal of a global, interoperable standard. And so we come the full joyous circle of government ‘compentence’…
Cross-posted from Samizdata.net
The Guardian reports:
Residents of Croydon, south London, have been told that the microchips being inserted into their new wheely bins may well be adapted so that the council can judge whether they are producing too much rubbish.
If the technology suggests that they are, errant residents may be visited by officials bearing advice on how they might “manage their rubbish more effectively”.
In the shorter term the microchips will be used to tell council officers how many of the borough’s 100,000 bins the refuse collectors have emptied and how many have been missed.
Andrew Pelling, the Conservative who represents the area on the London assembly has tagged the microchips the “spy in your bin”:
The Stasi or the KGB could never have dreamed of getting a spying device in every household.
If, for example, computer hackers broke in to the system, they could see sudden reductions in waste in specific households, suggesting the owners were on holiday and the house vacant.
But a spokesman for Croydon council said the fears were unjustified.
What we don’t want is people putting into their wheely bins tins and glass and paper and textiles, all of which could go into recycling bins. It is the way forward for waste management. We are not the only council thinking about it.
So, the council, does not want people to do something that it has imposed on them, such as recycling. Well, some people do not feel like doing it and they should have the choice. Just because the council/government/anybody considers that x is good, they have no right to impose that on others. This is social totalitarianism and the sad thing is that so few see it for what it is.
The House of Commons has passed the controversial ID card Bill by a vote of 224 to 64. It hopes to see the introduction of biometric identity cards and a central database of all UK citizens by 2010.
However, its primary sponsor, the Secretary of State for the Home Department, admitted that he expected the Bill to face stiff opposition in the House of Lords.
The system is expected to cost up to £5.5 billion to implement, and calls for a standalone biometric ID card to be issued alongside a biometric passport. It would become compulsory for everyone living in the UK, including children, by 2012.
The vote came on the same day that the US House of Representatives approved its own version of electronic ID card legislation in a 261-161 vote. The US’ Real ID Act would require states to issue driver’s licenses and other ID cards with physical security features such as a digital photograph and other basic data, using what the bill describes as machine-readable technology. That could include a magnetic strip or RFID tag. Tony Blair said:
The reason why this measure is supported not only by the Government but by the police and the security services is that people believe that, particularly when we have biometric passports and the biometric technology available, we can construct an identity card that gives us the best possible protection against crime and terrorism. I do not think it is wrong or a breach of anyone’s civil liberties to say that we should have an identity card. Most people carry some form of identification anyway. I think it is long overdue, and we should get on and do it.
There remains a very active opposition to ID cards however and both the Conservative and LibDems have refused to support the Bill. Questions over biometrics reliability are also likely to be wide debate as the Bill progresses through the Parliamentary process.
Dr Eamonn Butler writes on the Adam Smith Institute Blog:
Soon after 9/11, Britain introduced draconian anti-terrorist legislation that included the power to imprison suspected terrorists without trial. It required an abrogation of human rights laws, and was a denial of habeas corpus: but the argument was that in some cases, producing evidence in a trial might expose secret sources or prejudice the lives and safety of the security services and their informers.
Not surprisingly, the High Court objected. So last week, Britain’s Home Secretary, Charles Clarke, replied that instead of detaining suspects in prison, he would keep them under house arrest, bar them using the internet and mobile phones, and so on.
Home Office ministers said we shouldn’t worry about this, because nice Mr Clarke would keep all such detentions under constant review. And because it only applies to international terrorists. But then other ministers said it might apply to animal rights campaigners too, since they were pretty dangerous characters. Err…where is this going to end?
Sure, a liberal order must protect itself from those who would destroy liberalism itself. And maybe, at times, you have to act illiberally to do that. But you should still act according to the rule of law. If there is evidence, it should be produced in court. If the evidence is too sensitive to be made public, then it should be heard in private before qualified judges. At the moment we are jailing people, and soon we will be imprisoning them in their homes, on the say-so of a politician. That is scary.
The cities of York, Oxford and Norwich have all recently passed protest motions against against identity cards. Councillor Andrew Aalders-Dunthorne, a Labour member of Norwich City Council said:
Finger printing ordinary people and making them feel like criminals, then charging them for the pleasure, has no place in a supposedly free and liberal society. New Labour is becoming alarmingly authoritarian, to the point where even their own Council Groups cannot support them.
ID cards are an expensive white elephant designed to pander to the Daily Mail. Once people realise what the scheme actually entails and the charge they will have to pay personally, opposition will grow.
Apparently, Norwich and York City Councils – which have also affiliated to the campaign group NO2ID – have stated that ID cards will not be required for access to council services, and that the cities will refuse to cooperate with the scheme as far as possible within the law.
(Alex Singleton blogs here.)
Tim Worstall asks: “Are We Still a Free People?“:
We have a Home Secretary who has been told by the courts that locking foreigners up and denying them their right to trial is illegal. The basic presumption is that one must either be tried and convicted, or be being held on remand while that process is put in train, for it to be allowable for the State to lock you up. His reaction on being told that foreigners have the same rights as natives was, quite amazingly, to remove that right for natives. Quite.
The most basic foundation of the relationship between citizen and state, that of the right to trial, Habeus Corpus and all the rest, has been altered. It is seriously proposed that the Home Secretary should be allowed to intern anyone at all, on no evidence that he has to reveal (and thus can be argued against), for as long as he wishes. We all know that miscarriages of justice happen, the Birmingham Six and Guildford Four being examples, even when there is an open system with judges, juries and the like. We’ll never know under the new system as no one will ever have to tell us.
Quite. The illiberal moves by this government are rather worrying.
James Hammerton lays into Charles Clarke and his feeble argument for ID cards in the UK. He unearths some hillarious points, well would be hillarious if not for the topic, about the cost of the wretched scheme:
Take for example benefit fraud. He states:
Moreover, their help in tackling fraud will save tens of millions of pounds of taxpayers’ money. Some £50 million a year is claimed illegally from the benefits systems using false identities. This money can be far better spent improving schools and hospitals and fighting crime and antisocial behaviour.
However according to the govt’s own regulatory impact assessment (see clause 19):
The current best estimate is that the additional running costs of the new Agency to issue ID cards on a wider basis will be £85m pa when averaged over a ten year period. A further £50m pa is the estimate for the average cost over ten years of the verification service but this would not fall on the individual card holder.
Thus the system is already projected at costing more than twice as much as could possibly be saved from benefit fraud on the govt’s own figures!
James concludes:
At any rate, I’d expect those wishing to fool the system to use the long roll out to study the system and the scanners intently for weaknesses. Given government incompetence, the technical limitations of biometrics and the sheer ambition of what the govt’s attempting, it seems to me quite clear that it’ll be lucky if it makes any positive impact on fighting identity fraud or any other problem the govt has cited at all.
Does this mean we have nothing to worry about? Not quite. Most law abiding people will cooperate with the system, and the system may well thus “work” for this section of the population. Thus law abiding people will find themselves subjected to a licence to live, intrusive surveillance and a bureacracy capable of meddling in just about every area their lives thanks to the card. The criminals and terrorists won’t.
Go and read the whole thing.
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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