Legislating For Unicorns

When Julian Huppert MP (Lib-Dem) asked the Home Secretary Theresa May MP (Con) if banning encryption – as the Prime Minister had been interpreted as saying – is “genuinely what the Home Secretary wants to do?”, she evaded him with her answer.

I remain convinced her and the Cabinet’s position on encryption is based on a non-technical misinterpretation of detailed advice from within the Home Office. Her response, and other responses by her colleagues and by the US government, imply that the security officialdom of the US & UK believes it can resurrect “golden key” encryption where government agencies have a privileged back door into encryption schemes. That’s what’s encoded in her replies as “there should be no safe spaces for terrorists to communicate.” Think “Clipper chip“. As Ryan Paul comments,

https://twitter.com/segphault/status/556926802883772419

More telling though is the insecurity the Conservative Party exhibits on the subject. Unwilling to discuss the matter in a balanced way, party mouthpiece Julian Smith MP descends to ad hominem against deputy Prime Minister Nick Clegg MP (LD), in the process also exhibiting the hypocrisy of the unconvinced apologist. Sadly Mrs May rewards rather than rejects his question.

In a sequence of questions and answers in the same debate – which cannot conceivably have been unplanned – Conservatives ask party-political questions of the Home Secretary, to which she responds with unashamed electioneering. When this tactic is used – accusing an opponent of a fault you exhibit yourself far more than they do – it is always an attempt to conceal your own lack of validity.

Clegg’s crime was to assert that freedom and security are not inherently incompatible:

“I want to keep us safe. It’s ludicrous this idea that people who care about our freedom don’t care about our safety.

“What I will not do, because it is not proven, is say that every single man, woman and child should have data about what they get up to online kept for a year.”

For Conservative MPs to call that “disgraceful” is extremely revealing, both of their lack of comprehension of the issues and the cynicism with which they intend to manipulate the misapprehensions of Middle England for electoral gain. I’ve met no-one who seriously asserts the security services should be unable to secure warranted access to specific communications of those suspected of a crime. That capability is obviously justifiable in a democracy.

But the Communications Data Bill and proposals for “golden keys” go much further than is reasonable and balanced. What defenders of freedom seek is not insecurity; we instead seek transparency, accountability and proportionality, all in a form open to any citizen to scrutinise and challenge.

When Mrs May (and Labour’s Jack Straw MP, and others) refuse that democratic oversight and accuse its proponents of partisanship and irresponsible disregard of security, their own ad hominems and party partisanship reinforce the case rather than diminish it. It’s time for an adult debate informed by technological realities, instead of this opportunism and electioneering.

How To Safeguard Surveillance Laws

This letter was published in the London Evening Standard on January 12th, 2015:

I watch with alarm as, in the wake of the barbaric murders in France, politicians seek increased surveillance powers for the security services.

Surveillance is not always wrong; far from it, our democracy has long allowed accountable public servants to temporarily intrude on individuals they believe to be a threat.

My alarm arises for two reasons:

  • The powers requested in recent attempts at new law are open-ended and ill-defined. They lack meaningful oversight, transparency or accountability. They appear designed to permit the security services free rein in making their own rules and retrospectively justifying their actions.
  • The breadth of data gathered – far beyond the pursuit of individuals – creates a risk of future abuse, by both (inevitable) bad actors and people responding to future moral panic. Today’s justifications – where offered – make no accommodation for these risks.

Voters should listen respectfully but critically to the security services’ requests. Our representatives must ensure that each abridgement of our liberties is ring-fenced:

  • justified objectively using public data,
  • governed with impartial oversight, and
  • guarded by a sunset clause for both the powers and all their data by-products.

If the defence of free speech fatally abrades other liberties we are all diminished.

Yours faithfully

Simon Phipps

Any Revolution Can Be Repurposed

In fact this memorial to one — involving three days of killing in Paris over free speech for the press and a death sentence for blasphemy — has been:

Liberty and Vigilance
The July Column in the Place de la Bastille in Paris – itself dedicated to the celebration of liberty after the French Revolution – was erected in memory of the fallen of the later July Revolution of 1830. It’s not too far from the offices of Charlie Hebdo.

The July Revolution comprised three days of fighting in Paris, primarily on free speech grounds against state censorship. Charles X, France’s last hereditary monarch, had imposed the death penalty for blasphemy against Christianity. He also suspended the liberty of the press and dissolved the newly elected Chamber of Deputies.

Today, the column is used as a platform for surveillance cameras. We must be on our guard against similar repurposing today.

Is Santa to blame for the surveillance society?

Perhaps the reason we are not horrified by the surveillance society is because our parents normalised that behaviour by teaching us about Santa.

  • Santa knows if you’ve been naughty or nice
  • Santa knows where you’ve been & who you’ve been with
  • Santa is able to come into your home without apparent consequences
  • There’s even an elf on your shelf keeping an eye on you
  • This is all good because toys

Santa – Ta, NSA.