Esther Dyson: russian pol Yavlinsky said: “Problem is not freedom of speech. Problem is freedom *after* speech.”
August 22, 2009
August 21, 2009
More on DNA as a crime-fighting tool
Charles Stross looks at the situation in Britain:
NDNAD, the UK’s National DNA Database, run by the Forensic Science Service under contract to the Home Office contains DNA “fingerprints” for lots of folk — 5.2% of the population as of 2005, or 3.1 million people. Some of them are criminals; some of them are clearly innocent, but were either charged with a crime and subsequently found not guilty, or had the misfortune to be detained but not subsequently charged (that is: they’re not even suspects). The Home Office takes a rather draconian view of the database’s utility, and objects strenuously to attempts to remove the records of innocent people from it — it took threats of legal action before they agreed to remove the parliamentary Conservative Party’s Immigration spokesman from the database (which he’d been added to in the course of a fruitless investigation into leaked documents that had embarrased the government) — so if senior opposition politicians have problems with it, consider the prospects for the rest of us.
In use …
Whenever a new profile is submitted, the NDNAD’s records are automatically searched for matches (hits) between individuals and unsolved crime-stain records and unsolved crime-stain to unsolved crime-stain records — linking both individuals to crimes and crimes to crimes. Matches between individuals only are reported separately for investigation as to whether one is an alias of the other. Any NDNAD hits obtained are reported directly to the police force which submitted the sample for analysis.
Now, this in itself is merely a steaming turd in the punchbowl of the right to privacy: but its use as a policing intelligence tool is indisputable. While there are some very good reasons for condemning the way it’s currently used (for example, its use in the UK has sparked accusations of racism), I can’t really see any future government forgoing such a tool completely; a DNA database of some kind is too useful. So what interests me here is the potential for future catastrophic failure modes.
Now that we’re pretty certain that DNA evidence can be easily faked, the focus of how it can be used in investigations must shift from “presence proving guilt” to “absence implying innocence”.
August 18, 2009
This is very much an unwelcome technical discovery
DNA evidence can be created to match a known profile:
Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.
The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.
“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”
H/T to Radley Balko.
August 16, 2009
August 14, 2009
EFF slaps Burning Man around over “creative lawyering”
The annual Burning Man event has a reputation for quiet (and sometimes not-so-quiet) anarchy, but this year the event organizers are attempting a quick legal coup:
In a few weeks, tens of thousands of creative people will make their yearly pilgrimage to Nevada’s Black Rock desert for Burning Man, an annual art event and temporary community celebrating radical self expression, self-reliance, creativity and freedom. Most have the entirely reasonable expectation that they will own and control what is likely the largest number of creative works generated on the Playa: the photos they take to document their creations and experiences.
That’s because they haven’t read the Burning Man Terms and Conditions.
Those Terms and Conditions include a remarkable bit of legal sleight-of-hand: as soon as “any third party displays or disseminates” your photos or videos in a manner that the Burning Man Organization (BMO) doesn’t like, those photos or videos become the property of the BMO. This “we automatically own all your stuff” magic appears to be creative lawyering intended to allow the BMO to use the streamlined “notice and takedown” process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet.
It’s not particularly anarchic to use one of the most restrictive pieces of post-modern fascism legislation to attempt to control the way event attendees use their photographs and video footage.
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August 11, 2009
So much for the right to not self-incriminate
The headline really does tell the story: Two convicted for refusal to decrypt data: Up to five years in jail after landmark prosecutions. You will provide the key, citizen . . . or you’ll do hard time:
Two people have been successfully prosecuted for refusing to provide authorities with their encryption keys, resulting in landmark convictions that may have carried jail sentences of up to five years.
The government said today it does not know their fate.
The power to force people to unscramble their data was granted to authorities in October 2007. Between 1 April, 2008 and 31 March this year the first two convictions were obtained.
The disclosure was made by Sir Christopher Rose, the government’s Chief Surveillance Commissioner, in his recent annual report.
The former High Court judge did not provide details of the crimes being investigated in the case of the individuals &mash; who were not necessarily suspects — nor of the sentences they received.
August 4, 2009
Libertarian paradise
Just in case you think that anarchy is great, here’s visual evidence to back up your theories:
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July 31, 2009
QotD: It’s the institutions, not the people
But after you put down the peace pipe, a legitimate and important difference remains. It’s structural, and cultural, and (over the past four decades of relentless Drug Warring and Constitution-eroding), judicial as well. There is a strain in law enforcement, backed by various vague statutes, thousands of politicians, and everyone who tends to side with authority against an obnoxious popoff, in which it’s considered perfectly acceptable form to arrest, detain, or otherwise punish a non-threatening person for being an asshole. This includes the perceived assholery of yelling about one’s real (and sometimes imagined) trampled rights. If a person is considered undesirable by a police officer, for whatever reason, it’s far too easy to ruin his day, even if no law has remotely been broken. And as Balko has led the world in documenting, the literal militarization of domestic police forces, combined with awful Drug War-related enforcement, has caused grave injustice and the death of innocents.
The past two weeks has been a conversation about race, I guess (I tend to tune out such things pretty quickly, being a privileged white male and all). It’s always appropriate to point out, as in the Drug War in general, that disfavored minority groups (whether defined by skin color, class, lifestyle choice, politics, or whatever) will take a disproportionate brunt of abused power. But thankfully in modern America, when we peel back the general stereotype to the specific individual, most people (least I don’t think) aren’t racists and aren’t assholes. It may take two weeks to make that realization, or two decades, but after that you’re left with the underlying structural problem, one that might be even harder to dislodge. The pendulum of law enforcement in this country, as relates to the individual citizen, has for far too long swung in the same Constitution/individual-disrespecting direction.
Matt Welch, “‘When he’s not arresting you, Sergeant Crowley is a really likable guy'”, Hit and Run, 2009-07-31
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July 27, 2009
More on the Gates-Crowley affair
Radley Balko says that this affair is newsworthy, but not for the reasons you might think:
The arrest of Harvard African-American Studies Professor Henry Louis Gates has certainly got everyone talking. Unfortunately, everyone’s talking about the wrong issue.
[. . .]
The conversation we ought to be having in response to the July 16 incident and its heated aftermath isn’t about race, it’s about police arrest powers, and the right to criticize armed agents of the government.
By any account of what happened — Gates’, Crowleys’, or some version in between — Gates should never have been arrested. “Contempt of cop,” as it’s sometimes called, isn’t a crime. Or at least it shouldn’t be. It may be impolite, but mouthing off to police is protected speech, all the more so if your anger and insults are related to a perceived violation of your rights. The “disorderly conduct” charge for which Gates was arrested was intended to prevent riots, not to prevent cops from enduring insults. Crowley is owed an apology for being portrayed as a racist, but he ought to be disciplined for making a wrongful arrest.
He won’t be, of course. And that’s ultimately the scandal that will endure long after the political furor dies down. The power to forcibly detain a citizen is an extraordinary one. It’s taken far too lightly, and is too often abused. And that abuse certainly occurs against black people, but not only against black people. American cops seem to have increasingly little tolerance for people who talk back, even merely to inquire about their rights.
There are undoubtedly good interactions between police officers and “civilians” (as the police tend to refer to non-police), but much of the interaction is related to actual or perceived violation of the law . . . which means the interaction is fraught with tension, fear, and potential altercation. The police officer feels the need to have the visible signs of respect from “civilians”, yet the more contact “civilians” have with the police, the less that outwardly subservient attitude will be displayed.
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July 20, 2009
July 16, 2009
Rephrasing Ben Franklin’s old aphorism
Benjamin Franklin is often quoted as having said “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety”. Here’s a modern rephrasing, “The more you cede your own well-being to an 800-pound gorilla, the more that 800-pound gorilla is going to act like a thin-skinned asshole.“.
(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005589.html.)
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July 10, 2009
Maybe photographers in the UK actually do have rights
Clive sent me this update from The Register:
The Metropolitan Police has issued guidance to its officers to remind them that using a camera in public is not in itself a terrorist offence.
There has been increasing concern in recent months that police have been over-using terrorism laws and public order legislation to harass professional and amateur photographers. The issue was raised in Parliament and the Home Office agreed to look at the rules.
The guidance reminds officers that the public do not need a licence to take photographs in the street and the police have no power to stop people taking pictures of anything they like, including police officers.
The over-used Terrorism Act of 2000 does not ban photography either, although it does allow police to look at images on phones or cameras during a search to see if they could be useful to a terrorist.
This is a belated follow-up to incidents like this one (oh, and this one, too). It’s refreshing to see that at least one government recognizes that recent police enforcement of a non-existant law must be curtailed. It’s also sad that this sort of thing is still so rare as to be noteworthy.
Oh, and Canadians shouldn’t try to be smug about this . . . we have over-enthusiastic police enforcement of mythical laws as well.
(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005569.html.)
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