Surveillance technology and territorial controls: governance and the ‘lite touch’ of privacy

This paper argues that privacy has limited influence on the use of new and untested surveillance technologies in contemporary Australian law enforcement, in part due to the construction of current privacy laws and oversight principles. Abstract: The considerable growth of surveillance technologies, dataveillance and digital information processing has occurred across many domains, including the night-time economy. We explore a particular technology (ID scanners) and the connections between this form of surveillance and associated database construction with the broader use of new forms of territorial governance. In turn, we argue that privacy, at least in the context of Australia, has limited influence on the use of new and untested surveillance technologies in contemporary law enforcement. In part, this is due to the construction of current Australian privacy laws and oversight principles. We argue this in itself does not solely account for the limitations of privacy regimes, as recent Canadian research demonstrates how privacy regulation generates limited control over the expansion of new crime prevention technologies. However, a more telling problem involves the enactment of new laws allowing police and venue operators to exclude the undesirable from venues, streets and entertainment zones. These developments reflect the broader shift to governing through sub-sovereign territorial controls that seek to leverage many current and emerging surveillance technologies and their normalisation in preventing crime without being encumbered by the niceties of privacy law

The Mole & The Snake

This article starts from the Foucaultanian notions of biopower and discipline, deal- ing with the strategies of the modern and contemporary capitalism. Introducing the term biopower into his research, Foucault is alluding to a series of transformations re- lated to the capitalist system: life enters into the scope of power in terms of \u201ccontrolled insertion of bodies\u201d in the social apparatus of production, as well as in terms of an \u201cadaptation of population phenomena to economic processes\u201d. It involves the exchange of services on which the Fordist social pact was founded in the twentieth century. The life that is claimed in and against the relationship of capital concerns \u201cneeds\u201d that refer to a \u201cconcrete essence of man\u201d. In the undeniable awareness of a \u201ctriangulation\u201d between sovereignty, discipline and biopower, the author, as a criterion for reading the dynamics of contemporary power, analyzes the theme of control referring to Deleuze. This is de- lineated in the double form of \u201cbiopolitical algorithms\u201d and of the normalization that by means of the selection and targeted processing of big data and information packages, incessantly produced by social activity in and on the network, capture forms of life at the service of capitalism

Technology and Big Data Meet the Risk of Terrorism in an Era of Predictive Policing and Blanket Surveillance

Surveillance studies suffer from a near-total lack of empirical data, partially due to the highly secretive nature of surveillance programs. However, documents leaked by Edward Snowden in June of 2013 provided unprecedented proof of top-secret American data mining initiatives that covertly monitor electronic communications, collect, and store previously unfathomable quantities of data. These documents presented an ideal opportunity for testing theory against data to better understand contemporary surveillance. This qualitative content analysis compared themes of technology, privacy, national security, and legality in the NSA documents to those found in sets of publicly available government reports, laws, and guidelines, finding inconsistencies in the portrayal of governmental commitments to privacy, transparency, and civil liberties. These inconsistencies are best explained by the risk society theoretical model, which predicts that surveillance is an attempt to prevent risk in globalized and complex contemporary societies

Beliefs and attitudes of citizens in Norway towards smart surveillance and privacy

This document presents the Norway results of a qualitative study undertaken as part of the SMART project – “Scalable Measures for Automated Recognition Technologies” (SMART; G.A. 261727). The analysis and results are based on a set of 3 focus group discussions comprising 22 participants from different age groups, which were held in order to examine the awareness, understanding, beliefs and attitudes of citizens towards smart surveillance and privacy. The focus group discussions were conducted in line with a discussion guide consisting of different scenarios aimed at stimulating a discussion among participants. While some scenarios dealt with surveillance in everyday contexts, other scenarios were hypothetical in nature and their aim was to elicit the participants’ feelings, beliefs and attitudes in relation to dataveillance, the massive integration of data from different sources and the “security versus privacy” trade-off.Scalable Measures for Automated Recognition Technologies (G.A. 267127). The project was co-financed by the European Union within the Seventh Framework Programme (2007-2013).peer-reviewe

ID scanners and überveillance in the night-time economy: crime prevention or invasion of privacy?

ID scanners are promoted as an effective solution to the problems of anti-social behavior and violence in many urban nighttime economies. However, the acceptance of this and other forms of computerized surveillance to prevent crime and anti-social behavior is based on several unproven assumptions. After outlining what ID scanners are and how they are becoming a normalized precondition of entry into one Australian nighttime economy, this chapter demonstrates how technology is commonly viewed as the key to preventing crime despite recognition of various problems associated with its adoption. The implications of technological determinism amongst policy makers, police, and crime prevention theories are then critically assessed in light of several issues that key informants talking about the value of ID scanners fail to mention when applauding their success. Notably, the broad, ill-defined, and confused notion of "privacy" is analyzed as a questionable legal remedy for the growing problems of überveillance

ID scanners and uberveillance in the night-time economy: crime prevention or invasion of privacy?

ID scanners are promoted as an effective solution to the problems of anti-social behavior and violence in many urban nighttime economies. However, the acceptance of this and other forms of computerized surveillance to prevent crime and anti-social behavior is based on several unproven assumptions. After outlining what ID scanners are and how they are becoming a normalized precondition of entry into one Australian nighttime economy, this chapter demonstrates how technology is commonly viewed as the key to preventing crime despite recognition of various problems associated with its adoption. The implications of technological determinism amongst policy makers, police, and crime prevention theories are then critically assessed in light of several issues that key informants talking about the value of ID scanners fail to mention when applauding their success. Notably, the broad, ill-defined, and confused notion of “privacy” is analyzed as a questionable legal remedy for the growing problems of überveillance

Technology and Big Data Meet the Risk of Terrorism in an Era of Predictive Policing and Blanket Surveillance

Surveillance studies suffer from a near-total lack of empirical data, partially due to the highly secretive nature of surveillance programs. However, documents leaked by Edward Snowden in June of 2013 provided unprecedented proof of top-secret American data mining initiatives that covertly monitor electronic communications, collect, and store previously unfathomable quantities of data. These documents presented an ideal opportunity for testing theory against data to better understand contemporary surveillance. This qualitative content analysis compared themes of technology, privacy, national security, and legality in the NSA documents to those found in sets of publicly available government reports, laws, and guidelines, finding inconsistencies in the portrayal of governmental commitments to privacy, transparency, and civil liberties. These inconsistencies are best explained by the risk society theoretical model, which predicts that surveillance is an attempt to prevent risk in globalized and complex contemporary societies

Small Data Surveillance v. Big Data Cybersurveillance

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that collect-it-all tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals\u27 digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the 24/7 surveillance of the body and the 360° surveillance of the biography. Further, data science logic and reasoning, and big data policy rationales, appear to be driving the expansion of these emerging methods. Consequently, I suggest that an inquiry into the scientific validity of the data science that informs big data cybersurveillance and mass dataveillance is appropriate. As a topic of academic inquiry, thus, I argue in favor of a science-driven approach to the interrogation of rapidly evolving bulk metadata and mass data surveillance methods that increasingly rely upon data science and big data\u27s algorithmic, analytic, and integrative tools. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court required scientific validity determinations prior to the introduction of scientific expert testimony or evidence at trial. I conclude that to the extent that covert intelligence gathering relies upon data science, a Daubert-type inquiry is helpful in conceptualizing the proper analytical structure necessary for the assessment and oversight of these emerging mass surveillance methods

Beyond the security paradox:Ten criteria for a socially informed security policy

This article is based on a research that has been funded by the EU project “SurPriSe: Surveillance, Privacy and Security: A large scale participatory assessment of criteria and factors determining acceptability and acceptance of security technologies in Europe”, which received funding from the FP7 program, under the grant number: 285492.This article investigates the normative and procedural criteria adopted by European citizens to assess the acceptability of surveillance-oriented security technologies. It draws on qualitative data gathered at 12 citizen summits in nine European countries. The analysis identifies 10 criteria, generated by citizens themselves, for a socially informed security policy. These criteria not only reveal the conditions, purposes and operation rules that would make current European security policies and technologies more consistent with citizens’ priorities. They also cast light on an interesting paradox: although people feel safe in their daily lives, they believe security could, and should, be improved.PostprintPeer reviewe