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]

First they tracked the motorists of Baghdad …

More on vehicle tracking, linked to by A Small Victory:

WASHINGTON — The Pentagon is developing an urban surveillance system (search) that would use computers and thousands of cameras to track, record and analyze the movement of every vehicle in a foreign city.

Dubbed “Combat Zones That See,” the project is designed to help the U.S. military protect troops and fight in cities overseas.

Police, scientists and privacy experts say the unclassified technology could easily be adapted to spy on Americans.
The project’s centerpiece is groundbreaking computer software that is capable of automatically identifying vehicles by size, color, shape and license tag, or drivers and passengers by face.

With reservations, I supported the invasion of Iraq, and can see the point also of rescuing other places. But this is exactly the sort of thing that the opponents of such escapades abroad have in mind as the reason why they are opposed, and why I also have reservations.

Governments acquire the habits of despotism in faraway places where it seems to make sense, or maybe just not to matter. Then they do it everywhere. Surveillance is indivisible, you might say.

Gotcha!

From an Australian newspaper (of all places) a report on a British company offering parents everywhere peace of mind:

Parents in Britain can check exactly where their children are without having to phone them, thanks to a new service launched yesterday.

The mapAmobile service can pinpoint a child to within 50 yards by using the signal from their mobile phone.

I think it is safe to assume that the technology can be applied just as readily to adults. Apparently, the recipient must agree to be traced by replying to text message but I bet that hurdle will prove surmountable with just a little tweaking.

Common law no right to privacy

The Telegraph reports:

A woman who was strip-searched when she went to visit her son in jail asked five law lords yesterday to create a new law of personal privacy. Lawyers for Mary Wainwright, 49, from Leeds, hope the House of Lords will overturn decisions by lower courts that there is no right to privacy in English common law.

Mrs Wainwright visited her elder son Patrick at Armley Prison, Leeds, in January 1997. She was accompanied by her younger son, Alan, who suffers from cerebral palsy with a degree of mental impairment. Before the visit could go ahead, Mrs Wainwright and Alan were strip-searched for concealed drugs. The searches were more intrusive than was permitted by prison guidelines.

A judge in Leeds decided that their privacy had been infringed but this ruling was overturned by the Court of Appeal in December 2001. Three judges, headed by the Lord Chief Justice, held that there was no right to personal privacy in English law.

Promises promises

Reason’s Hit and Run blog links to this article in the Washington Post about companies who promise not to sell information about you. And they keep their promise. They don’t. They rent it instead.

Original link here.

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Total Surveillance versus Anonymous Charging: the road pricing dilemma

For as long as I can remember I have been an enthusiastic supporter of the principle of road pricing, for much the same reasons that I favour the pricing of any other scarce and desirable product or service. Reduce queueing caused by underpricing. Encourage the construction of better roads, more suited to the desires of drivers, more creatively designed. Pricing will enable road ownership, and that will enable better environmental policies, because owners will then be responsible for environmental impact. Etc.

However, there are two different ways of doing road pricing, both of which have big advantages and big disadvantages.

One. Anonymous Charging. Charge each vehicle to go past certain barriers, physical or electrical. Either the man at the wheel chucks some coins down a shute, or the place has a machine which debits the vehicle as it goes by, by debiting a box on the vehicle which has been filled up with money, gas meter style.

Advantage: Anonymity! The vehicle user is no more spied on than he is when he buys a pair of socks in a shop. If the vehicle user consents to the transaction tracking inherent in the use of a credit card, fair enough. But money remains an option, and money is freedom, because money is anonymous. (I remember once a trader in a street market shouting at me: “You don’t ask me where I got the stuff I’m selling, and I won’t ask you where you got your money.”)

Disadvantage: Cumbersomeness. Every barrier becomes a huge Thames Flood Barrier for cars. Installing machines in cars is complicated and expensive, and what if different cities use different systems? A different box for each system? Until the same system wins a battle of the gauges, it’s a nightmare either of delay or of incompatible equipment. → Continue reading: Total Surveillance versus Anonymous Charging: the road pricing dilemma

“One Nation, Two Systems”

When Hong Kong was handed over to Communist China by the British state, to much joy and acclamation by credulous Chinese and Gweilos alike, the totalitarian gerontocracy in Peking pronounced soothingly that Hong Hong would retain its relatively liberal order under a doctrine ‘One nation, two systems’.

Tens of thousands of people have marched in protest at a planned anti-subversion law aimed at an EU style ‘harmonizing’ of Hong Kong law with that of the rest of Communist China. One nation, one system it would seem.

…the government is pushing through the national-security legislation, known as the “Article 23” measures, too quickly, and without enough public debate. The proposal is in many ways an attempt to bring Hong Kong’s laws regarding subversion, treason, sedition and the theft of “state secrets” in line with China’s.

Well it comes as no surprise to me that these patent lies only took six years to be revealed. I look forward to hearing the people who rejoiced at the surrender of Hong Kong’s people to China recanting their folly. I am not holding my breath however.

Greetings from the Glorious People's Republic... squish

The Chinese way of dealing with effective protests

(WSJ link via Combustable Boy)

Still not the British way…

Exactly a year ago, Melanie Phillips has written an excellent article ID cards are not the British way. Alas, her arguments are as necessary and relevant as they were then.

She addresses every point in the debate, from the increased need for security, terrorism, mass immigration, problems with ‘compulsory’ entitlement cards, personal information on ‘smart card’, causes of rising crime etc.

The most central argument, though, is difference between the British concept of liberty and the European one:

Britain is not the same as Europe. We have a very different approach to liberty. Here, everything is permitted unless it is forbidden. People can go about their business without being expected to give an account of themselves.

By contrast, in Europe freedom is something that has to be codified and granted from above. So Europeans have always been used to producing ‘papers’ to prove themselves, a practice that we have always found unacceptable.

And her last paragraph certainly belongs here, on White Rose:

Now, thrashing around in panic to show that it is getting on top of our social problems, it is not coming up with policies that actually work but is proposing instead to nail down still further the coffin of British liberty.

Lords on vitamins

The Telegraph has an update about the vote in the House of Lords on the European Union curbs on the sale of vitamins and mineral food supplements.

Peers voted by a majority of 53 last night to call upon ministers to revoke regulations due to implement the EU’s Food Supplements Directive in August 2005. But Health Minister Lord Warner said the vote would make no difference.

The UK is obliged to implement the directive. Failure to transpose its requirements properly would be a serious breach of our obligations under the EC Treaty and would result in infraction proceedings against the UK and in the likelihood of our facing heavy fines. Ultimately, implementation would be forced upon us.

Bag searches in Australian stores

If you walk into a large store of virtually any kind in Australia, you will see a sign just outside the door saying. “It is a condition of entry to this story that customers allow us to inspect the contents of their bags on leaving the shop”. Typically, when you leave the shop, there is a security guard outside the door who asks to inspect the contents of your bag. Virtually all customers open their bag, the guard looks inside the bag, and then the customers go on their way.

When growing up in Australia, I simply thought that this was the natural order of things. I never really thought about this as a violation of my privacy until I spent some time living in England in the 1990s. In England, such searches do not occur, presumably because either the British interpretation of the law is that they are not legal or the law is different. (I think that we are likely dealing different interpretations of the same common law here). When I returned to Australia, I suddenly became much more aware of bag searches in stores than had been the case before. And I became much more protective of my rights. I found that I was very unwilling to let anyone look in whatever bags I might be carrying.

Legally, the case for allowing such bag searches is flimsy. Without probable cause (which in practice usually means someone will have to have seen you take something off the shelf of the shop and put it in your bag) the shop has no right to detain you or to look in your bag. However, they can ask to look in your bag. You then have the right to refuse. If you refuse the shop can then ask you to not come back to the shop again, but they have no way of actually compelling you to open your bag for them.

→ Continue reading: Bag searches in Australian stores

FBI warns Mexican ID card a threat

The Washington Times reports that the FBI has concluded that the Matricula Consular card, issued by the Mexican government to Mexicans living in the United States, “is not a reliable form of identification” and poses a criminal and terrorist threat.

Steven McCraw, the assistant director of the FBI’s Office of Intelligence, said the identification cards are easy to obtain through fraud, and lack adequate security measures to prevent easy forgery. He cited examples of alien smugglers being arrested with up to seven different cards and an Iranian national who was arrested with a Matricula Consular card in his name.

Opponents of the cards’ use say they have turned into a back-door amnesty that allows illegal aliens to blend into society by letting them obtain bank accounts and some state and local services. Rep. Elton Gallegly, California Republican said:

The only people who need these cards are illegal immigrants, and sometimes criminals or terrorists.

None of the witnesses at a House immigration panel held last week could dispute that claim and the State Department admitted they have not studied the issue.

Link via World Watch Daily.

A nasty taste

An opinion piece in today’s Telegraph alerts the readers:

A dangerous and disagreeable piece of legislation comes before the House of Lords today. In order to implement the EU’s directive on higher-dose vitamin supplements, the Government proposes to ban nearly 300 products currently on sale in our health stores.

The proscription of these vitamins is the first in a series of EU regulations dealing with alternative remedies. A second directive, covering herbal medicines, is already clanking its way through the machinery of state. There are proposals to regulate homoeopathy, and even to require a standard European qualification for herbalists (who, in England and Wales, have operated under a statute dating from Tudor times).

These restrictions are driven by something called “the precautionary principle”. The concept, emanating from Brussels and very popular with the EU types “holds that nothing should be legal until it can be shown to be safe”. In other words, it reverses the burden of proof.

The issue is not one of science, but of freedom. Here is a horrible demonstration of how the EU system can work, elevating corporate interests over individuals, and tossing aside all considerations of liberty and fairness in pursuit of harmonisation.

Voting against the legislation is, alas, only a gesture, since EU rules come into force automatically in Britain, but it is a gesture that should be made none the less.

Washed Up

The Guardian has reported on the latest developments in Money Laundering. This is the process whereby you have to prove your identity in order to open a bank account and shows that your money has not been received from an illicit source. Under the Money Laundering rules, enthusiastically expanded by the Financial Services Authority, this process is named as “know your customer”.

This is an example of where the rules provide authority for a particular group, cashiers, who proceed, in certain cases, to abuse it without any form of accountability. It would appear that bank staff have been demanding loudly for proof of identity and where the customer received their cash or cheque. Understandably, the customer finds this distasteful and intrusive.
However, the FSA states that it is only implementing the rules set by Her Majesty’s Government and the European Union.

The other intrusion into the financial privacy of the citizen involves the notification of any transaction above £10,700 in a suspicious activity report to the National Criminal Intelligence Service. There are an expected 100,000 SARs anticipated this year “from banks, financial advisers, estate agents, lawyers, accountants, jewellers and high value car dealers“. New rules on house purchase have resulted in deposits above £10,700, paid in cash, being sent for investigation as a SAR. Most of these SARs will not be examined because the reporting system is overwhelmed and understaffed. There are perverse consequences:

Fraud experts such as Liesel Annible of accountants Bentley Jennison, who is UK president of the Association of Certified Fraud Examiners, believes the system can actually help criminals.

“What does NCIS do with all these reports? Firms are now disclosing so much because of the fear of prosecution that there is a danger of serious infringements being hidden by and lost under the noise of all the minor problems and unfounded suspicions. All these SARs just gum up the works – the vast majority are just stored”, she says.

One enters a strange world where the Royal Bank of Scotland can be fined £750,000 for breaching these strict rules even though no evidence of money laundering was ever found; and where rules for identity are enforced whilst money laundering often takes place elsewhere. The final consequence of these rules is that those who are unable to provide proof, especially the poor, find that they have an additional hurdle to overcome if they wish to use the financial infrastructure within the United Kingdom.

There are a number of indications from this article that the process of subcontracting the enforcement of regulation to private sector bodies results in unaccountable staff intruding upon the financial privacy of the ordinary citizen. A more positive note is that, where the citizen finds that his expectations of certain freedoms are abrogated, the response is anger rather than apathy.

The money laundering rules have perverse consequences and demonstrate that the financial privacy enjoyed by the British has been sacrificed to observe a set of regulations that have not worked.