WWW.DISSERTATION.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Dissertations, online materials
 
<< HOME
CONTACTS



Pages:   || 2 | 3 |

«SURVEILLANCE: TECHNOLOGICAL CHANGE, FOREIGN PRESSURES AND OVER-REACTION TO TERRORIST THREATS Nicky Hager All civil liberties must be balanced with ...»

-- [ Page 1 ] --

SURVEILLANCE: TECHNOLOGICAL CHANGE, FOREIGN

PRESSURES AND OVER-REACTION TO TERRORIST

THREATS

Nicky Hager

All civil liberties must be balanced with other legitimate rights and needs of society. My

rights must be balanced with other peoples’ rights. The right to personal privacy must be

balanced with society’s need to investigate serious crime. Freedom of movement with road safety and civil aviation regulations. And so on.

In each case the question needs to be asked whether the legitimate needs of society and upholding some people’s rights are a good enough reason to restrict other’s rights. A free society is built upon working constantly to get this balance right and, if there is uncertainty, erring on the side of protecting civil liberties.

Compared to much of the world, New Zealanders have the good fortune of living in a very safe and free country. Unfortunately, this can have the effect of making people complacent and unobservant about threats to civil liberties.

In my opinion, New Zealand is going through a period of serious degradation of civil liberties. Some expansion of surveillance may be justified but most is occurring without any objective necessity, driven by technological change, foreign pressures and over- reaction to terrorist threats. We still have a much freer country than many, but when we consider the dramatic reversal of decades-old civil liberties occurring in the United States (before and after 11 September 2001), we should not take our relatively fortunate state for granted.

To date the negative changes to civil liberties in New Zealand have barely registered as a subject of public debate, partly because the impact is not felt acutely by middle class pakeha New Zealanders and more recently because exaggerated threat assessments following September 11 have dominated policy discussions.

Another possible reason for the lack of debate is that state surveillance powers have been increased with the support of the Labour Party (in opposition and then in government), a party traditionally relied on by the public to defend civil liberties. Currently that party, in government, appears to include no one who is seriously interested in privacy and other civil liberties.

The following list shows the breadth of changes occurring.

NON-STATE SURVEILLANCE

1. Surveillance at work There has been a rapid increase in monitoring of employees within their workplaces, to a point where some highly intrusive practices are starting to seem normal. Some examples 2

are:

• Employers monitoring staff e-mail and phone logs

• Closed-circuit TV (CCTV) monitoring of employees in workplaces

• Electronic bugging of employees. A recent case I’ve heard of is a food processing company in Levin where, unbeknown to the staff, their conversations in the lunchroom are monitored by the company management.

2. Surveillance at home There is a growing industry in surveillance technology designed for some family members to use against others (parents against children, husband against wife etc). Some are marketed as protection for children, others purely for snooping.

• Hidden CCTV cameras and Internet and e-mail monitors are available for suspicious partners and for parents.

• Toys and other household objects can be purchased containing surveillance equipment. There is a massive growth in the types of surveillance equipment freely available.

3. Surveillance by private firms Private investigators and private security companies have all manner of electronic surveillance tools available to assist their clients. Huge holes in existing privacy laws, and the difficulty of policing even the existing protections, mean that people snooping for profit operate widely, within and outside the law.

4. Commercial surveillance / Data surveillance

There has been a huge increase in the collection, analysis and selling of personal information for commercial purposes. This growth has accompanied the growth of electronic data sources (sales and checkout data, mortgage information, loan and debt information and so on). Analysis of these sources provides aggregated data to assist marketing companies, but can equally provide information about individuals (monitoring their “data trail”). As more and more data sources become available and are combined, the

intrusiveness of this activity will grow. For example:

• Flybuys is promoted purely as a loyalty scheme, but it involves written agreement to the collection of large amounts of personal spending information that is linked to the individual (and the biographical details they provide) by their card.

• Baycorp puts together an ever-wider set of data sources such as individuals’ loans and debts, addresses and other personal information. The result is a privately-compiled database of information about most New Zealanders that is freely available to Baycorp’s customers.

• Also, there has also been little thought about the widespread CCTV monitoring of people in places like shops and petrol stations – and the possible future face recognition, aggregation and analysis of this data.





3

5. Street surveillance The concept of a “public place” is changing subtly but very significantly with the increasing use of surveillance systems.

• There is rapidly increasing use of CCTV monitoring of streets, train and bus stations and parks. Various British cities have already supplemented their CCTV systems with face recognition technology. Other systems use computer programmes to notice unusual patterns of behaviour in monitored areas.

• Automated surveillance of car number plates is not far behind the CCTVs. Whether it is introduced for traffic or crime reasons, this will have profound effects as it monitors the movements of many citizens.

• The next step would be centralised monitoring facilities where surveillance data would be stored for future use and where databases of faces and number plates would be stored. For instance, the New York Times of 14 March 2003 reports that the State of Illinois Department of Motor Vehicles has a database of 13 million face images, used (presumably among other things) to spot individuals seeking multiple licenses under different names.

• Justified as crime detection measures, CCTVs and face recognition technology have the potential to eliminate privacy in public places as every citizen is routinely monitored. There has been little debate about the claimed benefits and long-term costs of these developments.

Notice that many of these surveillance changes are technology driven as opposed to arising from some pressing social need. Digital technology has made all kinds of surveillance possible that was previously unimaginable or at least far more difficult or expensive. New devices and systems are developed and manufactured in other countries then gradually find their way here. There is an urgent need to find the proper balance between individuals’ civil liberties and the assumed value of this surveillance.

Just as unauthorised monitoring of people’s spoken communications is illegal (reflecting the state of technology when the laws were written), new privacy laws are urgently needed to maintain legitimate privacy in the digital age. For instance, in September 2002 a British MP announced that he will introduce legislation stopping monitoring of staff e-mail by employers. Technical ability to conduct surveillance should not be seen as a license to do so.

Priority should be given by the Government to developing comprehensive new privacy legislation for New Zealand.

STATE SURVEILLANCE

State surveillance activities in New Zealand are also partly technology driven. But the biggest influence by far is the expectations of and requests from allied countries, particularly the United States and Britain. Most activities of New Zealand’s intelligence agencies, most surveillance legislation and most technology are the direct result of the so

<

called “long standing intelligence relationships”.

Partly the result of technological opportunity and partly reflecting a swing against civil liberties in the US and Britain (well before the 11 September 2001 attacks), a series of intrusive new surveillance plans have appeared in those countries in the last decade. A few years after their adoption there, we often hear that similar moves are being considered in New Zealand as well.

One example of foreign pressures I have followed concerns two pieces of surveillance legislation currently before our Parliament. Changes to the Telecommunications Act, introduced to Parliament in November 2002, will impose legal obligations on telecommunications companies to co-operate with surveillance of their customer’s communications, including real time access to e-mail, text messages and mobile phone communications under an interception warrant. The Crimes Amendment Bill No. 6 will give the Police and SIS new powers to conduct these new forms of surveillance and also to hack into individuals’ computers.

Although these bills are being put through Parliament in a post-September 11 climate, they date from a decade ago when the United States Government pushed through very similar legislation (against major protest from US civil liberties groups). I became aware of these moves when I learned that New Zealand Police and Security Intelligence Service staff were part of international working group meetings in Europe looking at new surveillance capabilities. These meetings were initiated by the US Federal Bureau of Investigation in 1993 and involved the FBI trying to persuade European Union countries (and others such as Australia, Canada and New Zealand) to adopt surveillance laws like the US one. The US goal is a standardised international surveillance regime that allows people of interest to the US authorities to be monitored across many countries.

In October 2000 I wrote an article predicting that legislation based on the FBI-EU negotiations was going to appear soon in New Zealand. Minister Paul Swain confirmed that the legislation was coming but denied there were any links with international surveillance planning. It was, he said, a “conspiracy theory”.

Since then I have obtained many of the background papers under the Official Information Act. The New Zealand Police documents clearly show the attendance of New Zealanders at the FBI-EU planning meetings (called the International Law Enforcement Telecommunications Seminars, ILETS), records of commitments the New Zealand officials made at those meetings and then meetings in the late 1990s where the officials proposed the legislation changes to the relevant National Government Minister. There was apparently no sense of urgency, with regular reminder letters arriving from the ILETS secretariat over a number of years reminding the New Zealand officials of the undertakings they had made. Finally the Labour Government agreed to introduce the legislation we see now before Parliament.

Mostly these foreign linkages are not made public. However in my experience many initiatives in New Zealand concerning policing and intelligence, immigration, customs and civil aviation can be traced back to plans emanating from and commitments made to the relevant (usually US-dominated) international organisations or US and British agencies.

5 The expansion of legislative powers and technical capabilities for state surveillance of

New Zealand citizens has several main features:

• The insidious trend for technology and practices developed by intelligence agencies (for national security threats) to be used for targeting ordinary citizens (eg. for policing crime and protest). Likewise the equally insidious use of military-style tactics developed for fighting wars and counter- terrorism for all manner of domestic policing roles (notably our police’s para-military Special Tactics Group). These trends are occurring despite statistics showing consistent declines in reported crime and the absence of political violence in New Zealand.

• Virtually all the new surveillance powers and capabilities are direct imports from the US and Britain.

• We can reasonably predict – based on experiences in other countries – that the increased powers and capabilities will lead to higher overall levels of surveillance, despite a lack of evidence of increasing threats to justify the eroding of civil liberties.

• The introduction of new state surveillance powers and capabilities is surrounded by secrecy and carefully managed public relations – minimising rather than encouraging public debate. The public is not getting any effective say on the changes occurring.

Increasingly, in a re-run of Cold War thinking, the rationale for new security/surveillance moves is not to protect New Zealanders but because of the tenuous concern that New Zealand not be able to be used as a base for criminal or terrorist actions against the US and other allies. This is also the basis for the ILETS-co-ordinated standardisation of surveillance laws. In other words, New Zealander’s civil rights are being reduced because of security fears of other countries.

Based on developments in Britain and the US, there are various surveillance initiatives that

it is likely our Government will be under pressure to introduce in the coming years:

• Legal requirements on telecommunications companies to store records of every customer’s phone calls, mobile calls, e-mails, faxes and Internet usage for, say, one or two years (or longer) – that is, “traffic data” showing who each customer’s communications were to and from, when and for how long – and to make this data available to intelligence agencies and police. EU countries have recently bowed to pressure to do this.

• Biometrics (eg fingerprints or images of a person’s iris) on passports. The US has been pushing hard for this in fora such as the International Civil Aviation Organisation.

Our government has already agreed to it.

• Legal powers to obtain location data from telecommunications companies for individuals’ mobile phones.



Pages:   || 2 | 3 |


Similar works:

«European Journal of Spatial Development-http://www.nordregio.se/EJSD/-ISSN 1650-9544-Refereed Articles Nov 2005no 18 Participatory Experiments from the Bottom up The role of environmental NGOs and citizen groups Karel Martens Contact details of the author: Karel Martens, Environmental Simulation Laboratory, Porter School of Environmental Studies, Tel Aviv University, E-mail: kmartens@post.tau.ac.il, Website: http://eslab.tau.ac.il European Journal of Spatial Development...»

«THE EFFECTS OF LOOPING ON STUDENT ACHIEVEMENT AND SELF-EFFICACY OF EXCEPTIONAL EDUCATION STUDENTS by MARYBETH THOMAS B. S. Edinboro University, 1977 M. A. The Ohio State University, 1982 A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Education in the Department of Educational Studies in the College of Education at the University of Central Florida Orlando, Florida Fall Term 2005 Major Professor Dr. Dan Ezell ABSTRACT The focus of the current...»

«Omaha World-Herald Midwest Spelling Bee Official Rules Please read and understand these rules prior to the day of the Bee, and ask the local official any questions you might have prior to the Bee. The Scripps National Spelling Bee has no authority over the conduct of local spelling bees (namely, spelling bees other than the Scripps National Spelling Bee near Washington, D.C.) Consequently, the national office will not render judgments relating to the conduct of local spelling bees. Individuals...»

«Aalto University publication series DOCTORAL DISSERTATIONS 100/2014 Thermodynamic stabilities of complex phases and their assemblages in Ag-Te, Ag-Bi-S and Ag-Cu-S systems Fiseha Tesfaye A doctoral dissertation completed for the degree of Doctor of Science (Technology) to be defended, with the permission of the Aalto University School of Chemical Technology, at a public examination held at the lecture hall V1 of the school (Espoo, Finland) on August 15th 2014 at noon. Aalto University School of...»

«TOWN OF LOS GATOS Civic Center 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 League of California Cities City Attorneys Department City Attorneys Continuing Education February 24 Newport Beach February 25 Oakland AB 1866 STATE PREEMPTION OF ALL LOCAL LAND USE AUTHORITY OVER SECOND UNITS? [FIRST DRAFT 1/7/05] Orry P. Korb Town Attorney Town of Los Gatos 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 (408) 354-6880 (408) 354-8431 (fax) okorb@losgatosca.gov INCORPOR ATED AU GUST 10,...»

«Pdated The Sixth Annual Cultural Research Postgraduate Symposium Griffith University Nathan Campus Monday, 17 November 2014 The Cultural Research Postgraduate Symposium is organised by postgraduates for postgraduates, and is supported financially by the Griffith Centre for Cultural Research, the School of Humanities and the School of Languages and Linguistics. We hope that the event will provide an open and inclusive format for dialogue between future leaders in the arts, social sciences and...»

«Ph.D. in Electronic and Computer Engineering Dept. of Electrical and Electronic Engineering University of Cagliari Time evolution and distribution analysis of software bugs from a complex network perspective Alessandro Murgia Advisor: Prof. Giulio Concas Co-Advisor: Prof. Michele Marchesi Curriculum: ING-INF/05 SISTEMI DI ELABORAZIONE DELLE INFORMAZIONI XXIII Cycle March 2011 Ph.D. in Electronic and Computer Engineering Dept. of Electrical and Electronic Engineering University of Cagliari Time...»

«Access to Asylum Current Challenges and Future Directions Monash University Prato Centre, Italy Thursday, 29 & Friday, 30 May 2014 Contents Welcome.... 1 Program.... 3 Abstracts.... 7 Presenters Biographies... 30 Welcome The aim of this international conference is to determine how best to safeguard the rights of asylum seekers in balance with the responsibilities of states. It will analyse relevant standards under regional instruments, international human rights law, and the 1951 Refugee...»

«National Conference on Building Commissioning: May 15-16, 2012 Optimizing BAS Information for Operator Effectiveness and Optimal Control Len Beyea, CBCxP, EBCxP, HBDP, CEM, LEED AP Principal, RetroCom Energy Strategies, Inc. Synopsis Building automation systems have become standard tools for facility operation and monitoring, and commissioning providers use them routinely to gather data and to test system operation. But for O&M staff who are responsible for day-to-day facility operations, the...»

«From Achilles to Christ: Why Christians Should Read the Pagan Classics Louis Markos The center of Christianity is a fable that's additionally a fact. C. S. Lewis InFrom Achilles to From Achilles to Christ: Why Christians Should Read the Pagan Classics Christ, Louis Markos introduces readers to the nice narratives of classical mythology from a Christian perspective. From the battles of Achilles and the From Achilles to Christ: Why Christians Should Read the Pagan Classics adventures of Odysseus...»

«Resultatives Result from the Compounding Parameter: On the Acquisitional Correlation between Resultatives and N-N Compounds in Japanese * Koji Sugisaki and Miwa Isobe University of Connecticut and Keio University 1. Introduction This paper is an attempt to investigate experimentally the nature of the acquisition of the resultative construction in Japanese, and to provide support for the theory of Compounding Parameter proposed by Snyder (1995b), and more generally, for the parameter-setting...»

«Rock Art Thematic Study Jo McDonald and Lucia Clayton 26 May 2016 Report to the Department of the Environment and the Australian Heritage Council Centre for Rock Art Research and Management, University of WA Rock Art Thematic Study Page ii Table of Contents 1 Introduction 2 Rock art overview 2.1 Introduction to rock art 2.2 Regional overview of Australian Aboriginal rock art 2.2.1 Australian Capital Territory (ACT) 2.2.2 New South Wales 2.2.3 Northern Territory 2.2.4 Queensland 2.2.5 South...»





 
<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.