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FP7-SECT-2007-217862
DETECTER
Detection Technologies, Terrorism, Ethics and Human Rights
Collaborative Project
Annotated Bibliography of Detection Technology Academic Literature
D12.1.1
Due date of deliverable: 31/08/2011
Actual submission date: 14/10/2011
Start date of project:
1.12.2008
Duration: 36 months
Work Package number and lead:
WP02 Professor Tom Sorell
Author(s):
Dr. John Guelke, University of Birmingham
Project co-funded by the European Commission within the Seventh Framework Programme
(2002-2006)
Dissemination
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Public
Restricted to other programme participants (including the Commission Services)
Restricted to a group specified by the consortium (including the Commission
Confidential,
only for members of the consortium (including the Commission
Services)
Services)
1
X
Albrechtslund, A. ‘Ethics and technology design’ in Ethics and Information
Technology. Ma 2007. vol. 9, no. 1
This article provides a wide ranging discussion of ethically sound technology design,
drawing particularly on the concept of ‘Value Sensitive Design’, which seeks to
“account for human values in a principled and comprehensive manner throughout
the design process”. The example is used of an augmented window that turns out
to enable surveillance. Technologies also raised as examples include cookies in web
browsers. The key problem is identified as the difference between the design
context and use context. Foresight is limited to anticipation and cannot be
considered a matter of prediction. This claim undermines the applicability of ‘Value
Sensitive Design’. Instead it is better to characterise human interaction with
technology in the light of Don Ihde’s concept of ‘multistability’ – future possibilities
for use are inherently unpredictable, so we should concentrate on constant
assessment of use rather than expect to be able to predict or design away ethical
problems.
Anderson, Amber McKee and Labay, Vladimir. ‘Ethical Considerations and Proposed
Guidelines for the Use of Radio Frequency Identification: Especially Concerning Its
Use for Promoting Public Safety and National Security’ in Science and Engineering
Ethics. Ja 2006. vol. 12(2 Special Issue), 265-272.
A discussion of Radio Frequency Identification technology. This article provides an
summary of the recent development of RFID, including current applications by the
private sector (such as Supermarkets Tesco and Wall-mart) and its use in tracking
livestock. A brief overview of programmes funded by the Department of Homeland
Security is also offered. An account of the value of privacy then forms the basis for
an analysis of the threats such uses pose, though it is insisted that much
contemporary fear about the technology in its current form is “unfounded and based
on exaggerated claims”. A series of guidelines are suggested as privacy safeguards,
noting that at present the law is silent on the use of RFID.
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Andreas, P., & Nadelmann, E. (2006). Policing the globe: Criminalization and crime
control in international relations. New York, NY: Oxford Univ. Press.
A historical analysis of the expansion and recent acceleration of international crime
control. The authors argue that the internationalization of policing primarily reflects
ambitious efforts by generations of western powers to export their own definitions of
"crime," not just for political and economic gain but also in an attempt to impose
their own morals on other parts of the world. Describes and analyses politics behind
what they call the digitisation of the border and argues that "US law enforcement
agencies play an especially pivotal role in shaping a transnational police community
and thickening intergovernmental law enforcement networks." This occurs by either
providing or advocating for technical assistance and training for many foreign police
officers.
Armitage, R, G Smith and K Pease. ‘Burnley CCTV Evaluation’ in Painter, K and N
Tilley (eds). Surveillance of Public Space: Crime Prevention Studies. 1999. vol. 10.
Criminal Justice Press
Assessment of a Burnley CCTV programme which proceeds by focussing on three
areas. ‘Focal’ beats where the cameras were installed, ‘displacement’ beats,
adjoining the areas where the cameras were actually placed, and ‘other’
(everywhere else). The study found significant falls in overall recorded crime and
separate offenses in the ‘focal’ beats. Furthermore there was no diffusion of crime
to the ‘displacement’ beats, rather a diffusion of benefit to the ‘displacement’ beats
relative to other areas, though this impact fades over time. Although cameras are
as a matter of fact much more effective at certain times of day, the crime reducing
impact does not reflect this suggesting the deterrent effect is fairly uniform. Closes
with a suggestion for further research on the effect of the availability of CCTV upon
sentencing.
Birrer, Frans A J. ‘Data Mining to Combat Terrorism and the Roots of Privacy
Concerns’ in Ethics and Information Technology. 2005. vol. 7 no. 4. 211-220.
A discussion of US counter-terrorism data mining programmes, such as the TIA
(Terrorist Information Awareness) and MATRIX (Multistate Anti-terrorism
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Information Exchange) forms the basis for a critique of current attempts to
characterise the privacy issues relevant to the use of this technology. Currently
privacy issues are conceptualised in terms of access to a an unassailable private
sphere. This approach formed the basis of the analysis of TAPAC (Technology and
Privacy Advisory Committee) set up to assess these programmes. However, the
author argues that the controversy to have come out of the debate over data mining
programmes concern both access and use, providing a number of arguments for the
limitations of an access approach to privacy. Furthermore, issues relating to use of
information are if anything argued to be the more significant, highlighting the
inevitability, for example, of high levels of false positives. Most of these more
significant questions of use can be seen as risks pertaining to how authorities with
access to the information will make use of it. The relevant privacy issues are
addressed to the extent that the public can be satisfied that there are structures in
place sufficient to contain these risks.
Brown, B. ‘CCTV in Town Centres’ in Police Research Group Crime Detection and
Prevention Series. 1995. Paper 68. London: Home Office
Research paper produced by the UK Home Office Police Research Group on CCTV
deployment by local councils in town centres comparing the different ways police
use it to combat crime and anti-social behaviour. It examines three different case
studies; Newcastle, Birmingham and Kings Lynn. It concludes that this deployment
leads to an initial fall in crime, but this starts to fade over the longer term. In
particular property crime such as burglary is significantly reduced, without
displacement to surrounding areas. However, there is much less evidence of
reduction of personal crime, such as assaults, and where there was there seemed to
be a displacement effect. Deployment also reduced the fear of crime among certain
sectors of society. The paper also comes up with practical recommendations for
maximising the usefulness of CCTV.
Bunyan, T. (Sept. 2006). Detection technologies and democracy Statewatch.
Critique of European Commission Green Paper on “detection technologies in the
work of law enforcement, customs and other security authorities”. It claims the
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paper uses ‘the politics of fear’ to justify ‘the introduction of the surveillance society’.
More specifically it calls for more open discussion of the purposes of surveillance
technologies and insists that democratic principles set limits on state power, hinting
that as such they may be inconsistent with the treatment of all citizens as potential
suspects.
Cate, F. H. ‘Government Data Mining: The Need for a Legal Framework’ in Harvard
Civil Rights-Civil Liberties Law Review, 2008. vol. 43. 435–489
Examines some of the critical issues surrounding the US government's collection and
use of personal data for data mining, especially for law enforcement and national
security purpose. Argues for the failure of law and the legal system to respond to
the proliferation of data mining and the ‘dramatic technological changes that make it
possible’. Surveys some of the many recent data mining efforts initiated by the
government; examines Congress's privacy legislation and its failure to respond to the
proliferation in government data mining. Suggests the range of issues that these
programs raise in the face of a legal vacuum and concludes by offering
recommendations for marshalling the potential power of data mining for appropriate
uses while protecting personal privacy.
Chen, H., Ganor, B., Reid, E., Silke, A., & Sinai, J. (Eds.). Terrorism Informatics:
Knowledge Management and Data Mining for Homeland Security. Boston, MA:
Springer Science+Business Media LLC.
Provides an interdisciplinary survey of the state-of-the-art of terrorism informatics
domain along three basic dimensions: methodological issues in terrorism research;
information infusion techniques to support terrorism prevention, detection, and
response; and legal, social, privacy, and data confidentiality challenges and
approaches. The methodological issues that impact trends, achievements, root
causes, and failures in terrorism research are treated within the context of the
methods of retrieving and developing, sharing, and implementing terrorism
informatics methodologies and resources. Three major areas of terrorism research
are examined: prevention, detection, and established governmental responses to
terrorism. Examples of techniques used in this area are web mining, social network
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analysis, and multimodal event extraction, analysis to the terrorism phenomenon,
etc. The book concludes by presenting the critical and relevant social/technical areas
to terrorism research including social, privacy, data confidentiality, and legal
challenges.
Clarke, R. (11 March 2009). Deep Packet Inspection: Its Nature and Implications.
Retrieved June 26, 2009, from http://www.rogerclarke.com/II/DPI08.html
Explanation of Deep Packet Inspection by Australian privacy researcher and
advocate, Roger Clarke. Warns that while there are many legitimate uses of the
technique, that uncontrolled, „communications over the Internet may become much
less free than the communications channels that residents of relatively free nations
used in the pre-Internet era” and calling for “strong justification, tight controls, and
enforcement mechanisms” currently lacking in its use.
Clarke, R. (30 September 2007). Surveillance Vignettes. Retrieved June 26, 2009,
from http://www.rogerclarke.com/DV/SurvVign.html
List of 22 different examples of surveillance, ranging from ‘baby-monitoring devices
for parents’ and to ‘goods monitoring with RFID’, to ‘human embedded chips’ and
‘consolidation of agencies and databases’. Interestingly it also includes ‘denial of
service’ and ‘denial of identity’ under this heading.
Clarke, R. (30 September 2007). What 'Überveillance' Is, and What To Do About It.
Retrieved June 26, 2009, from http://www.rogerclarke.com/DV/RNSA07.html
Introduction to the category of 'Überveillance', which the author argues more
accurately describes the contemporary situation than mere surveillance. A number
of possible interpretations of ‘Überveillance’ are considered, including surveillance
that ‘applies across all space and time’; exaggerated surveillance; surveillance that
achieves a superior quality of information about an individual due to technological
advances and consolidations of different techniques. The author closes with a series
of recommendations on appropriate ways to combat these negative developments in
surveillance.
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Clarke, R. (31 March 2003). Dataveillance - 15 Years On. Retrieved June 26, 2009,
from http://www.rogerclarke.com/DV/DVNZ03.html
The author reflects on the continued use of the term ‘dataveillance’, which he coined
in the mid 1980s. Dataveillance is the surveillance of data. In his original paper on
the topic, he emphasised the significance of combining information from a number
of different sources, and made the case that because of the potential for it to be so
much cheaper, that dataveillance might displace conventional surveillance
altogether. He reflects that even now people tend to conceive the dangers of
surveillance in terms of visual access penetrating individual privacy, whereas much
more significant dangers derive from access to data. Amongst these, for example is
the shift to mass surveillance of the entire population. Mass surveillance, he
maintains, “is a suspicion generator”. The paper summarises technological
developments threatening to data privacy and public policy responses over the
intervening 15 years.
Clarke, R. (15 April 2002). Biometrics' Inadequacies and Threats, and the Need for
Regulation. Retrieved June 26, 2009, from
http://www.rogerclarke.com/DV/BiomThreats.html
Piece strongly critical of the use of biometrics, which are judged to be
“extraordinarily threatening to the freedoms of individuals, variously as employees,
customers, citizens, welfare recipients and persons-in-the-street. At the same time
biometric technologies companies are criticised as having ‘promised much for years
and delivered little’. It calls for a full blown ban on biometric technologies unless
and until regulations are improved. Provides an overview of the capabilities, uses
and risks of different biometric technologies.
Clarke, R. (1993). Profiling: A Hidden Challenge to the Regulation of Data
Surveillance, Retrieved June 26, 2009, from
http://www.rogerclarke.com/DV/PaperProfiling.html
Attempts to describe and define profiling, and explain its ethical dangers. Profiling,
on Clarke’s view, is a variety of data surveillance in which “characteristics of a
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particular class of person is inferred from past experience, and data-holdings are
then searched for individuals with a close fit to that set of characteristics”. He calls
for greater public awareness of profiling, and legislative safeguards. However, he
expresses concerns about the likelihood of parliaments adequately constraining the
use of such techniques. The particular dangers of profiling may require wholesale
upgrading of present privacy protections (so-called ‘second generation’ privacy
protective legislation).
Clarke, R. (November 1987). Information Technology and Dataveillance. Retrieved
June 26, 2009, from http://www.rogerclarke.com/DV/CACM88.html
Introduces the reader to the concept of ‘dataveillance’, the systematic monitoring “of
a person’s actions and communications by the application of information
technology”. The techniques falling under this category are identified and described.
Both benefits and dangers are identified, the author insisting that “their serious
implications must be traded off against their benefits in each and every instance”,
and a series of controls and policy recommendations are considered. Concludes with
the call that “to harness the new, decentralizing potential of IT as a means of
achieving a looser, more tolerant, diverse, robust, and adaptive society”.
Coleman, Stephen. ‘E-mail, Terrorism, and the Right to Privacy’ in Ethics and
Information Technology. 2006. vol. 8. no. 1. 17-27.
A discussion of email monitoring and its threat to privacy ‘in the context of an
international world’. It aims to demonstrate the inadequacy of any legal answer to
the philosophical problem of defining privacy on the internet, to provide a workable
definition of what privacy does mean in this domain and finally to develop a globally
acceptable approach to the ethics of internet privacy derived from international
human rights thought. The critique of law based analysis focuses on McArthur’s
invocation of ‘the reasonable expectation of privacy’. This is argued to be
inadequate given a consideration of people’s understanding of the internet and
analogies between the internet and other means of communication. It concludes
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that most cases of email monitoring are unjustified, even when purely pursued for
the goal of countering terrorism.
Commission of the European Communities. (1 Sept. 2006). GREEN PAPER on
detection technologies in the work of law enforcement, customs and other security
authorities. Brussels (COM(2006) 474 final).
Intention of the paper is to “find out what role the Union could play in order to
foster detection technologies in the service of the security of its citizens.” Aims “to
further enhance interaction between public and private sectors in an effort to focus
investment on standardisation, research, certification and interoperability of
detection systems and to transform research results into useful and applicable
tools”. Technologies listed include “Hand-held detectors; Detection portals;
Surveillance solutions; Detection of biometrics; Data- and text-mining tools; Other
software-based detection tools, etc.” Areas in which such technology might be used
include the protection of mass events. Legal and ethical issues of such technologies
identified as the concern with a surveillance society associated with biometrics and
the concern that “the changing use of existing technologies may result in situations
where a law regulating their use does not exist.”
Deflem, Mathieu ed. 2008. Surveillance and governance : crime control and beyond.
UK: Emerald/JAI
Presents recent results from sociology on the in the domain of surveillance and
criminal justice ‘and other control strategies’. Book contains papers divided into four
different themes: ‘Boundary and Spaces’, containing work on surveillance in public
space and at borders, including Vancouver, the US Mexico border and an Airport;
‘Technologies and Strategies’, containing study on covert surveillance and its
observed social effects; ‘Objectives and Counter-objectives’, containing theoretical
work on surveillance, including the concept of ‘panoptic surveillance’; and finally
‘Beyond Crime Control’, containing work on the alternative uses surveillance
technology is put too, drawing examples from schools, and other putative cases of
‘child protection’, and traffic regulation in Greece.
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Dempsey, J. X., & Flint, L. M. ‘Commercial Data and National Security’. George
Washington Law Review, Aug 2004. vol.72, 1459
Discusses the large increase in US government use of commercially held personally
identifiable information, such as in insurance, travel or financial services. Although
government use of such information is frequently inefficient, it is also potentially
greatly intrusive. While there are some legal safeguards, these “ are fragmentary,
incomplete, and unresponsive to the kinds of uses that are associated with the
current emphasis on the prevention of terrorism”. Calls for a new framework
drawing upon “existing principles of fair information practices” to address “access to
data”, “permissible uses of data” and “protections individuals have against the
consequences of that use”.
DeRosa, M. (March 2004). Data Mining and Data Analysis for Counterterrorism.
Retrieved June 26, 2009 http://beta.cdt.org/security/usapatriot/20040300csis.pdf
Publication for the Centre for Strategic and International Studies. Makes the case
for the use of data mining in counter terrorism. Such techniques “make private data
more useful and more attractive to government” and are “simply too valuable to
prohibit”. That said, guidelines and controls for their use are necessary as well.
Describes the risks of false positives and inadequate government control of data,
and various means of mitigating privacy concerns.
Diffie, Whitfield and Susan Landau. 2007. Privacy on the line : the politics of
wiretapping and encryption. Updated and expanded ed. Cambridge, Mass. : MIT
Press
Surveys the political significance of developments in communications technology,
including cryptography in electronic communications, with detailed chapters on the
1980s, the 1990s and the new millennium. There is a particular focus on the
difference these shifts have made to the balance of power between government and
citizen, the conduct of law enforcement and national security.
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Ditton, J et al. 1999. The Effect of Closed Circuit Television on Recorded Crime Rates
and Concerns about Crime in Glasgow. Edinburgh: Scottish Office Central Research
Unit
Study on impact of new CCTV scheme introduced in Glasgow, including public
perceptions. Concludes that in contrast to experience elsewhere, the instillation of
CCTV did not have a major impact on crime, although researchers “maintain that
the cameras were relatively successful”, with some reductions in certain crime
categories. The impact on public perception was “limited”, with little public
awareness of even the presence of the cameras (41%) and quite high levels of
acceptance (67% ‘did not mind’ being observed in this way). Closes with the
recommendations of Professor Nick Tilley for further studies focussed on why CCTV
is more successful in some places than others.
Dummer, S. W. ‘False Positives and Secure Flight: Using Dataveillance When Viewed
Through the Ever In-creasing Likelihood of Identity Theft’ in Journal of Technology
Law and Policy. 2006. vol. 11. 259–283
This article provides an overview of the Secure Flight airline screening programme
and its application in passenger surveillance, a discussion of datamining, identity
theft and its widespread effects in America so far and finally the likely results of false
positives given the lack of redress procedures. It concludes by recommending the
establishment of a non-partisan congressional review board to function as an
intermediary between flyers and the Transport Security Administration and balance
citizen grievances against National Security Needs.
Dummer, S. W. ‘Secure Flight and Data Veillance, A New Type of Civil Liberties
Erosion: Stripping Your Rights When You Don't Even Know It’ in Mississippi Law
Journal. 2006. vol. 75. 583–617
A discussion of airline screening programmes post September the 11th, such as
CAPPS (the Computer Assisted Passenger Prescreening Programme), CAPPS II and
Secure Flight as established under legislation such as ATSA (the Aviation Transport
Security Act) and ATSSSA (theAir Transportation Safety and System Stabilisation
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Act). It is argued that these programmes harm civil liberties. The article discusses
datamining and information utilisation, the constitutional rights threatened by these
programmes for domestic and international travellers, the redress procedures
available for the Secure Flight programme, the application of the so-called
`balancing‘ test and finally some possible solutions to the problems identified.
Etzioni, A. ‘Are New Technologies the Enemy of Privacy?‘ in Knowledge, Technology
& Policy. Jul 2007. vol 20. no. 2
This paper argues against what it calls the ‘semi-Luddite view’ that increases in
technology represent a prima facie threat to privacy. Instead the relation is more
complex. Etzioni employs the metaphor of an arms race between technologies
which diminish privacy and those which protect it. The example of the E-ZPass toll
program in the US for automatic charging of vehicles on toll roads and systems of
online identity verification. It is concluded that the more important issues are
oversight and accountability.
Evfimievski, A., Gehrke, J., & Srikant, R. (2003). Limiting Privacy Breaches in Privacy
Preserving Data Mining. Proceedings of the Twenty-Second ACM SIGMOD-SIGACT-
SIGART Symposium on Principles of Database Systems. San Diego, California, June 9
- 11, 2003 ; [in conjunction with the 2003 ACM SIGMOD International Conference on
Management of Data] (pp. 211–222). New York, NY: ACM Press.
Paper presents possible avenues for data mining aggregate data without threatening
individual privacy. The authors define privacy breaches in a new way, and then
describe a new technique, which they call ‘amplification‘, for minimising the chances
of them. A privacy breach, then, “ is a situation when, for some client C the
disclosure of its randomized private information y to the server reveals that a certain
property of C’s private information holds with high probability”. The amplification
technique undermines the ability to deduce such properties. This improves the
prospects of randomisation techniques sufficing for the anonymisation of information
used for data mining.
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Glasser, D, Goodman, K and Einspruch, N ‘Chips, tags and scanners: Ethical
challenges for radio frequency identification’ in Ethics and Information Technology
Jul 2007. vol. 9. no. 2
A discussion of Radio Frequency Identification systems, its applications, benefits and
problems. These are argued to raise a number of ethical issues beyond the
commonly identified threat to privacy, many to do with the authority of the user to
obtain the information in question and what sorts of information it is appropriate to
gather with this technology. The possible use of this technology is assessed in
relation to Government issued documents such as passports, financial transactions
and human surveillance. A number of possible remedies for the threat to privacy are
also discussed.
Harcourt, B. E. (2007). Against prediction: Profiling, policing, and punishing in an
actuarial age. Chicago: University of Chicago Press.
Describing data mining techniques as ‘actuarial methods’, the author criticises the
increasingly pervasive reliance of such techniques in law enforcement. Their use
may actually raise crime rates depending on the response of a profiled population to
heightened security. Problems may be exacerbated in profiled populations by such
techniques, if it becomes harder for members of the population ‘obtaining work,
education, and a better quality of life—thus perpetuating the pattern of criminal
behaviour’. The chapters are divided into three sections. Part I providing an
overview of ‘the rise of actuarial methods’; part II provides a critique of the use of
such methods, with chapters on the overlooked social cost of the ‘ratchet effect’ and
the paradigm’s distortion of our concept of just punishment. Part III develops ‘a
more general theory of punishing and policing’, with critiques of racial profiling and a
defence of ‘randomization’.
Harfield, Clive and Karen Harfield. (2008). Covert investigation. Oxford;New York:
Oxford University Press, 2008.
Intended as ‘a practical, introductory guide for anyone working in the area of covert
investigation’, this book is a part of Blackstone's Practical Policing Series, ‘aimed at
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junior to middle ranking officers’ in the UK. It contains all relevant legislation such as
the Regulation of Investigatory Powers Act, codes of practice and relevant case law.
Contains chapters on ‘directed surveillance’, ‘intrusive surveillance’, covert
investigations and computers’, ‘examining mobile phones’, ‘communications data’,
and ‘covert surveillance abroad’ amongst other pertinent topics.
Hoofnagle, C. Jay. ‘Big Brother's Little Helpers: How ChoicePoint and Other
Commercial Data Brokers Collect and Package Your Data for Law Enforcement’ in
North Carolina Journal of International Law & Commercial Regulation. 2004 vol. 29.
595
Argues for stronger privacy laws governing the sale of personal information by
private sector database companies to the US government for law enforcement.
These ‘commercial data brokers’ apparently operate websites ‘tailored to law
enforcement that enable police to download dossiers on almost any adult’. This has
significantly altered the balance of power between law enforcement and the
individual. Provides an overview of the breadth of information available to law
enforcement, presenting examples such as ChoicePoint in Georgia, Lexisnet, owned
by the UK based Reed Elsevier, Dun & Bradstreet, with offices in 40 countries and
Experian, based in Nottingham UK and California. Concludes with a series of
recommended protections.
Isaac, M. ‘Privatizing Surveillance: The Use of Data Mining in Federal Law
Enforcement’ in Rutgers Law Review 2006 vol. 58. 1057
Begins with reflections on the paradigm shift between reactive and predictive law
enforcement and the increasing difficulty to maintain one’s privacy. Constitutional
protections of privacy are ‘predicated on a model of power in which it is assumed
that our privacy is most threatened by the vast powers of the state’, however, this
assumption is argued to be out of date. Private companies instead may pose a
grave threat through their collection of our data. The paper describes government
exploitation of privately held data, examines shortcomings in contemporary
legislative protection and concludes with an alternative model of privacy better
suited to current circumstances.
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Kreimer, S. F. ‘Watching the Watchers: Surveillance, Transparency, and Political
Freedom in the War on Terror’ in University of Pennsylvania Journal of Constitutional
Law, Sep 2004 vol. 7. 133
Begins by observing the consensus for the need for better intelligence, and that one
of the best ways to achieve this is through more intelligence sharing. This
consensus had had the effect of ‘an efflorescence of efforts to gather, swap and
agglomerate data’. Describes some of the intelligence data gathering and analysis
programmes, such as the Multi State Anti-Terrorism Information Exchange (MATRIX)
and the Total Information Awareness (TIA) among others. The paper puts these
surveillance developments in historical context alongside other developments in
American history. Concludes that ex ante judicial control is currently unlikely, and
that “ex post control against the abuse of information obtained by surveillance” is a
more feasible ideal.
Lloyd, Ian J. 2008. Information technology law. New York : Oxford University Press
Aimed at undergraduate and postgraduate students in law, business and
management, IT, CS, or practitioners and professionals, this book primarily covers
UK and European developments while providing comparisons with the international
context. Divided into 4 sections. Part I ‘Surveillance, Privacy and Data Protection’,
introduces the reader to contemporary situation, including issues arising from
transborder flows of information. Part II, ‘E-Commerce and Electronic
Communications’, widens this picture out to include online activity and transactions.
Part III ‘Intellectual Property Law’ then incorporates resulting controversies in
copyright, Internet domain names and software patents. Finally part IV ‘Computer
Related Crime’ outlines both the range of relevant criminal activity and the range of
national and international responses.
Lindell, Y., & Pinkas, B. ‘Secure Multiparty Computation for Privacy-Preserving Data
Mining’ in Journal of Privacy and Confidentiality, 2009 vol. 1 no. 1 59–98
Surveys concept of multiparty computation and its application to the idea of privacypreserving data mining. A number of unacknowledged difficulties and errors in the
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literature on multiparty computation are pointed to. It closes by calling for more
research on acceptable working definitions of security and this research must be
pursued in tandem with further research on privacy more widely, in particular ‘what
information leakage is acceptable and what is not’.
Lianos, M and M Douglas. ‘Dangerization and the End of Deviance’ in The British
Journal of Criminology. 40. 261
Historically deviance from community norms has been the main explanation of
definitions of crime and justification of punishment. However, old distinctions
between deviance and normality has become somewhat fuzzier. Although, ‘crime’
maintains significance, risk has overtaken it as “the central cultural register of social
interaction”. Risk as such is socially constructed via the process the authors label
‘dangerization’, which comes into tension with liberal principles of equality before the
law. At the same time access to rights to travel or other goods become increasingly
automated, reducing the role of interpersonal trust and importance of acting in
accordance with community norms further.
Lyon, David. 2003. Surveillance as Social Sorting: Privacy, Risk and Digital
Discrimination. London and New York: Routledge
Presents an overview of work on surveillance relevant to David Lyon’s concept of
‘social sorting’. The work presented ranges between that primarily seeking to
develop the theoretical concept of ‘social sorting’ – and surveillance more widely –
and some much more empirical treatments. Issues covered include Intelligent
Transport Systems, ‘racial’ categorisation of Canadian First Nations and shifts from
analogue to digital in CCTV.
Lyon, David. 2007. Surveillance studies : an overview. Cambridge, UK ; Malden, MA:
Polity
Presents a representative overview of work in the emerging discipline of ‘surveillance
studies’. This is divided into three sections. Part I, ‘Viewpoints’ introduces the
reader to the modern situation whereby surveillance is a feature of everyday life,
recounts five important domains of surveillance – military surveillance, government
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administration, workplaces, policing and crime control and customer surveillance –
and the purposes to which surveillance is put in each, and then introduces the
reader to theoretical perspectives. Part II, ‘Vision’ introduces the subject to
problems such as ‘social sorting’ and injustice at the border, and finally part III,
‘Visibility’, discusses the treatment of surveillance in popular culture and political
controversy.
Lyon, David. 2008. ‘Biometrics, Identification and Surveillance’ in
Bioethics. vol. 22 no. 9 499-508.
Describes the significance of technology for identification of individuals in
contemporary global government. Biometric technology is widely perceived as an
effective solution. However, David Lyon identifies a number of technical
weaknesses. Some of these deficiencies have important ethical consequences,
including the promulgation of racialised categories of identity which may unfairly
privilege certain ethnic groups. Also defining the identity of a body in term of data
alone is argued to be ethically problematic as such.
Martin, K, Van Brakel, R and Bernhard, D ‘Understanding resistance to digital
surveillance: Towards a multi-disciplinary, multi-actor framework’ in Surveillance &
Society, 2009 vol 6. no. 3
The concept of ‘resistance’ is central to the concept of surveillance. However,
studies of resistance have been restricted resistance relations between surveyor and
surveilled. The case study of the United Kingdom National Identity Scheme.
Drawing on multi actor theory, the authors expand this picture to include
surveillance authorities, commercial enterprises, international governmental and
non-governmental agencies. They also elaborate on the plurality of means of
resistance in the field of surveillance technology. In the UK National ID scheme
case, examples are drawn including No2ID, the Artist ‘Banksy’ and the House of
Lords.
Minton, Anna. 2009. Ground Control. London: Penguin
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This book on recent trends in Urban Planning contains a substantive overview of
evidence against the efficacy of CCTV surveillance, accounts of the increased use of
drones in British cities, and some critical reflections on the use of surveillance in
public space. It presents empirical social scientific studies suggesting that
awareness of surveillance can have an adverse affect on public security by changing
people’s behaviour such that they take less responsibility for their own safety.
Murakami-Wood, David. ed. ‘A report on the Surveillance Society’ Report for the
Information Commissioner Office. Retrieved October 2011, from
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_applicati
on/surveillance_society_full_report_2006.pdf
Introduces the concept of ‘the surveillance society’, a term used to describe our
current condition. However, this is not intended to imply totalitarianism, but is
treated instead as the logical outcome of organisational trends towards more
efficient administration. Surveillance is treated as purposeful, routine, systematic
and focussed attention paid to personal details for the sake of control, entitlement,
management, influence or protection. Charts the background to the emergence of
the term ‘surveillance society’. Contains expert reports on Health and Medicine;
Consumption; Work and Employment; Public Services; Citizenship; Crime and
Justice; Communications; Built Environment and Infrastructure; and Borders.
Surveys the various ways an individual is likely to encounter surveillance in an
average day and speculates on what this might look like in 10 years time. Finally
assesses contemporary regulation has recommendations for the best ways to pursue
regulation in the future.
Nissenbaum, Helen. Privacy in Context. Stanford University Press
This is a theoretical work on the concept of privacy, which Nissenbaum argues needs
substantial rethinking due to specific new threats from technology, such as the
concentration of large amounts of information in databases that can be mined for
further information. It explains her approach of ‘contextual integrity’ which she
claims accounts for the phenomenon of ‘privacy in public’.
Norris, C and G Armstrong. 1999. The Maximum Surveillance Society. Oxford: Berg
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This article critically assesses the adequacy of CCTV as an instrument to revitalize
urban areas suffering from concentrated social disadvantage. Empirically, it focuses
on the video-surveillance of street prostitution in the Swiss city of Olten. This CCTV
system was installed at the beginning of 2001 and focuses on an urban `hot spot'
used by different types of marginalized social groups. In the Olten case-study, videosurveillance is examined as it is understood and perceived both by the population at
large and by daily users of the monitored area. In investigating whether surveillance
cameras render monitored areas accessible to people erstwhile excluded from that
space because of their negative subjective perception of risks, this article puts
particular emphasis on the phenomenon of `distanciation' caused by CCTV. By
showing that CCTV is forgotten very quickly and felt to be somehow unreal against
the background of everyday social activities in monitored areas, this approach also
stresses that CCTV is very limited as an instrument to revitalize public places of fear.
O'Connell, A. Joseph. ‘The Architecture of Smart Intelligence: Structuring and
Overseeing Agencies in the Post-9/11 World’ in CALIFORNIA LAW REVIEW, Dec
2006. vol. 94. 1665
This article analyses changes to the US intelligence community and its congressional
overseers recommended by 9/11 and WMD Commissions. Argues that both those
implemented and those not adopted, raise fundamental questions of administrative
and constitutional law, specifically “How should agencies and congressional oversight
be structured in a system of separate but overlapping powers that aims to protect
both national security and central liberal democratic values?” and “Should
administrative agencies (or congressional committees) be combined or placed in
competition with each other?” Drawing on research in economics, political science
and law, the article considers three perspectives on recommendations to unify
intelligence agencies and to consolidate congressional oversight. It concludes by
questioning the drive towards greater unification and centralisation of agencies
recommended by both Commissions, arguing that it reduces important safeguards
and checks as well as beneficial inter-agency competition.
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OECD.(2007). Recommendation on Cross-border Co-operation in the Enforcement of
Laws Protecting Privacy.
Governments belonging to the OECD (Organisation for Economic Co-operation and
Development) have agreed new Recommendations on Cross-Border Co-operation in
the Enforcement of Laws Protecting Privacy, which are designed to enable their data
protection authorities to co-operate and provide mutual assistance in enforcing
privacy laws. The OECD has developed two model forms to facilitate implementation
of the Recommendations: one is designed to help in creating a list of contact points
in each country to co-ordinate requests for assistance, and the other is for an
authority to use in requesting assistance to ensure that key items of information are
included in the request. Although the Recommendations are not binding, they may
assist the cross-border enforcement of national data privacy regimes, particularly in
relation to countries with no mutual assistance agreement in force.
OECD.(1980). Guidelines on the Protection of Privacy and Transborder Flows of
Personal Data.
This report examines the law enforcement authorities and mechanisms that have
been established to protect privacy, with a particular focus on how they operate in
the cross-border context. It describes the current challenges to effective
enforcement, as well as existing arrangements for addressing those challenges. It
concludes by identifying a number of issues for further consideration, aimed at
helping those charged with enforcing privacy laws to protect personal information
wherever it may be located.
Rosen, J. ‘The Naked Crowd: Balancing Privacy and Security in an Age of Terror.’
(Isaac Marks Memorial Lecture) in Arizona Law Review. 2004 vol. 46. 607-619
Text of a lecture arguing that the greater use of privacy-enhanced technologies can
help to achieve a more just balance between security and liberty. Discusses body
scanners, CCTV, electronic data mining, and argues that use-limitations can help to
reduce the negative effects on privacy of complex databases such as the CAPPS
system used at US airports. Argues that the Patriot Act should be revised, restricting
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measures of suspicion only to individuals identified in advance as being unusually
suspicious (the ‘individualisation’ of suspicion). Concludes by arguing that the
legislature, in the form of the US Congress, is the institution best placed to make
these necessary revisions to policy and law.
Squires, P. 2000. CCTV and Crime Reduction in Crawley: Follow-up Study 2000. An
Independent Evaluation of the Crawley CCTV System. University of Brighton: Health
and Social Policy Research Centre
Follows up on a previously conducted study reporting evidence that the introduction
of CCTV in Crawley over a six month process led to “a pronounced decline in the
Crawley Town centre crime figures”. However, this follow up study finds that the
decline was not maintained, indeed, crime rose by 30% above the original starting
point. However, there are important details. The ‘crime figures’ in question were
for the total number of incidents reported by police: in the same period when these
figures were going down, ‘public order incidents’ were trending upwards. And
throughout the entire two year period violent offenses in Crawley as a whole
apparently doubled, and a proportionate increase is observable in the CCTV covered
area.
Slobogin, C. ‘Government Data Mining and the Fourth Amendment’ in University of
Chicago Law Review, 2008 vol. 75. 317
There has been a huge increase in the government’s ability to obtain and analyse
recorded information about its citizens. Prior to 9/11 this technology was mostly
directed towards tackling fraud against the government. Since 9/11 many attempts
have been made to extend this to counter terrorism efforts. While acknowledging
the difficulty to surveying what is often covert activity, the author describes some of
the features of the Total Information Awareness (TIA) and similar programmes.
Accounts for three different varieties of data mining – target driven, match driven
and event driven programmes. Concludes that “the Supreme Court's current handsoff ap proach to record searches cannot justifiably be applied to data mining if
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societal views about privacy expectations are taken seriously” and sketches a brief
account of how the Fourth Amendment provides grounds for regulating data mining.
Such regulation should reflect the differences between the three varieties
distinguished.
Slobogin, Christopher. 2007. Privacy at risk : the new government surveillance and
the Fourth Amendment Chicago : University of Chicago Press
Huge invasions of privacy are now possible thanks to technological breakthroughs
subject to very little regulation. The book argues for the possibility of protecting
constitutional rights without compromising the government’s ability to investigate
criminal acts. Begins with an analysis of the Fourth Amendment. Proceeds with an
account of what the author calls ‘physical surveillance’, including chapters on
individuals invading the privacy of others with the use of new technologies, privacy
of public space and the ‘right to public anonymity’. The author then accounts for
‘transaction surveillance’ with chapters on ‘subpoenas and privacy’ and the
regulation of transaction surveillance as pursued by government. The author calls
for courts to encourage legislatures to produce more meaningful legal protections for
privacy based on the Fourth Amendment proscription of unreasonable search and
seizures.
Solove, D. J. ‘Data Mining and the Security-Liberty Debate’ in University of Chicago
Law Review, 2008. vol. 75, 343–362
Starts by distinguishing counter-terrorism from other forms of law enforcement by
virtue of its preventive character. This in turn explains the increased interest in data
mining. Discusses the ‘Total Information Awareness’ program, aspects of which are
argued to endure in more clandestine programs such as Basketball, Genoa II, and
Topsail. The author argues that the metaphor of ‘balancing’ liberty and security has
“systematic problems...that inflate the importance of the security interest”.
Practically, more liberal outcomes are more likely to be achieved by increased
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oversight rather than by removing security programmes altogether. Such outcomes
may also more efficiently promote security as well.
Solove, D. J. ‘Digital Dossiers and the Dissipation of Fourth Amendment Privacy’ in
Southern California Law Review, Jul 2002. vol. 75. 1083
Discusses the range of private sector provided services now storing people’s data,
accessible by government. Intrusions of these sorts have three risks: creep towards
‘totalitarian state’; chill of democratic activities and interference with individual self
determination; and harms in bureaucratic settings. However, there have been
rulings that the individual has no reasonable expectation of privacy in information
held by a third party. Thus the protection of privacy requires what the author calls
‘an architecture of power’ that appropriately balances the relative power of state and
citizens. Part I compares the ‘architectures’ established by previous legal
developments such as the fourth amendment. Part II describes the difference the
great increase in information holdings has made to this picture and Part III defends
the substantive principles implied by fourth amendment protections. Part IV
critiques the inadequacy of current regulation in the absence of the applicability of
fourth amendment protections.
Swire, P. P. ‘Privacy and Information Sharing in the War on Terrorism’ in Villanova
Law Review, 2006. vol. 51. 951
Greater information sharing has been defended as a necessary component of the
Intelligence response to the September the 11th attacks and the perceived increase
in the threat of terrorism. The article supports the need for intelligence sharing but
seeks to find the correct basis on which to answer the questions ‘which information
should be shared?’, ‘with whom?’ and ‘under what circumstances?’ Part I describes
the support offered for the increase in information sharing practices and identifies
three assumptions on which this new ‘information sharing paradigm’ rests. Part II
then offers a ‘due diligence checklist’ for any proposed information sharing
programmes.
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Taipale, K. A. ‘Data Mining and Domestic Security: Connecting the Dots to Make
Sense of Data’ in Columbia Science and Technology Law Review, (2003 / 2004). vol.
5. no. 2
In the name of domestic security an increase in data mining techniques are
proposed, objected to by civil libertarians amongst others. Such techniques indeed
pose threats to privacy, however this paper argues that the goals of security and
privacy can be reconciled by making use of “value sensitive technology development
strategies that take privacy concerns into account during development.” More
specifically the paper discusses the use of “rule-based processing, selective
revelation, and strong credential and audit features.“ The paper also makes the
case that the development of privacy protecting data mining will do a much better
job of preventing intrusions than wholesale outlawing of particular data mining
techniques, which will offer at best brittle privacy protections – “a failure to engage
constructively with government research projects aimed at legitimate security needs
will lead to having our civil liberties determined in the future in large part by
technologies that were either developed to sell books or predict fashion, or
developed through government research conducted in secret to avoid overblown
criticism.”
Thompson, Paul B. ‘Privacy, Secrecy and Security’ in Ethics and Information
Technology. 2001. vol. 3 no. 1. 13-19.
Argues that a class of claimed cases of privacy dangers are more aptly treated
without any reference to privacy or privacy rights. The cases presented are threats
to personal security arising from the networking of information technology. Not all
information a person might want to keep secret is ‘private’ in any sense but merely
something the subject has security interests in keeping secret – for example in
certain cases one might want to keep one’s address secret, despite there being
nothing intrusive about another knowing it. Privacy rights, by contrast, ‘are intended
to protect a sphere of activity, often a physical space but sometimes an
interpersonal relationship, from intrusion by government or other private parties’.
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Trujillo, H. R., & Jackson, B. A. (2008). ‘Identifying and Exploiting Group Learning
Patterns for Counterterrorism’ In H. Chen, B. Ganor, E. Reid, A. Silke & J. Sinai
(Eds.), Springer-11643 /Dig. Serial]: . Terrorism Informatics. Knowledge
Management and Data Mining for Homeland Security (pp. 175–196). Boston, MA:
Springer Science+Business Media LLC.
Two Crows Corp. (2005). Introduction to Data Mining and Knowledge Discovery.
Retrieved November 30, 2009, from http://www.twocrows.com/intro-dm.pdf
Introduces the reader to an overview of data mining, explaining what it is and what
it can and cannot do. The paper begins a discussion of the mechanics underlying
data mining techniques. It proceeds to consider the different datasets that can be
made use of by data mining applications, and the differences these distinctions will
make. The possibilities for predictive data mining are considered. The paper also
carries out a survey of data mining models and algorithms before closing with advice
on selecting data mining products.
Van der Ploeg, I. ‘Biometrics and Privacy: a note on the politics of theorising
technology’ in Information, Communication, Society. 2003. vol 6. no 1. 85-104
The paper considers two possible views on whether the increase in the use of
biometric technology constitutes a threat to privacy or not. It begins by arguing that
the two views fundamentally conceive biometric technologies in different ways. The
views are also separated by their position on the debate between technological
determinists and technological voluntarists. Ultimately both positions can be viewed
as rhetorical attempts to shift technological developments in a particular direction.
Thus rather than affirm one or other of the positions the author is able to affirm the
legitimacy of each kind of intervention adherents of both positions seek to achieve.
Werbach, K. ‘Sensors and Sensibilities’ in Cardozo Law Review, 2007. vol. 28. no. 5
2321–2372.
Discusses the legal issues raised by the ubiquity of sensors in day to day life. The
author lists, by way of example, millions of RFID tags “for retail, supply chain,
logistics, transportation, homeland security, and other applications”, “Millions of
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camera-enabled mobile phones and networked webcams... already in use
throughout the world”, “Global positioning system location-sensing capabilities...built
into a growing range of equipment”. Furthermore, “increasingly intelligent handheld
digital devices will turn every individual into a networked information gathering and
dissemination point”. These developments turn certain legal assumptions on their
head, such as the assumption that information will not be recorded – today the
default assumption in much of life should be that information is recorded. These
developments do not, however, merely raise the significance of rigorous privacy
laws, they also imply that in many domains norms of privacy will become obsolete
altogether.
Zimmer, M. ‘Surveillance, Privacy and the Ethics of Vehicle Safety Communication
Technologies’ in Ethics and Information Technology. 2005. vol. 7 no. 4. 201-210.
A discussion of Vehicle Safety Communication (VSC) technologies, which share
information about the actions of nearby vehicles, potential road hazards and predict
dangerous scenarios, operating onboard vehicles. These technologies also have the
effect of making the driver more vulnerable to surveillance of their everyday activity
on the roads. An analysis of the privacy costs are presented in terms of Helen
Nissenbaum’s concept of ‘Contextual Integrity’. The paper presents a detailed
account of the benefits and dangers of VSC and Nissenbaum’s account of ‘privacy in
public’. The author argues for the feasibility of privacy preserving technological fixes
that retain the safety enhancing benefits, citing the principle of ‘Value Sensitive
Design’.
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