Quantum surveillance and 'shared secrets'. A biometric step too far? CEPS Liberty and Security in Europe, July 2010

It is no longer sensible to regard biometrics as having neutral socio-economic, legal and political impacts. Newer generation biometrics are fluid and include behavioural and emotional data that can be combined with other data. Therefore, a range of issues needs to be reviewed in light of the increasing privatisation of ‘security’ that escapes effective, democratic parliamentary and regulatory control and oversight at national, international and EU levels, argues Juliet Lodge, Professor and co-Director of the Jean Monnet European Centre of Excellence at the University of Leeds, U

Locational wireless and social media-based surveillance

The number of smartphones and tablets as well as the volume of traffic generated by these devices has been growing constantly over the past decade and this growth is predicted to continue at an increasing rate over the next five years. Numerous native features built into contemporary smart devices enable highly accurate digital fingerprinting techniques. Furthermore, software developers have been taking advantage of locational capabilities of these devices by building applications and social media services that enable convenient sharing of information tied to geographical locations. Mass online sharing resulted in a large volume of locational and personal data being publicly available for extraction. A number of researchers have used this opportunity to design and build tools for a variety of uses – both respectable and nefarious. Furthermore, due to the peculiarities of the IEEE 802.11 specification, wireless-enabled smart devices disclose a number of attributes, which can be observed via passive monitoring. These attributes coupled with the information that can be extracted using social media APIs present an opportunity for research into locational surveillance, device fingerprinting and device user identification techniques. This paper presents an in-progress research study and details the findings to date

Algorithmic Jim Crow

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on the back end in the form of designing, interpreting, and acting upon vetting and screening systems in ways that result in a disparate impact

Averting Robot Eyes

Home robots will cause privacy harms. At the same time, they can provide beneficial services—as long as consumers trust them. This Essay evaluates potential technological solutions that could help home robots keep their promises, avert their eyes, and otherwise mitigate privacy harms. Our goals are to inform regulators of robot-related privacy harms and the available technological tools for mitigating them, and to spur technologists to employ existing tools and develop new ones by articulating principles for avoiding privacy harms. We posit that home robots will raise privacy problems of three basic types: (1) data privacy problems; (2) boundary management problems; and (3) social/relational problems. Technological design can ward off, if not fully prevent, a number of these harms. We propose five principles for home robots and privacy design: data minimization, purpose specifications, use limitations, honest anthropomorphism, and dynamic feedback and participation. We review current research into privacy-sensitive robotics, evaluating what technological solutions are feasible and where the harder problems lie. We close by contemplating legal frameworks that might encourage the implementation of such design, while also recognizing the potential costs of regulation at these early stages of the technology

Biometric ID Cybersurveillance

The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking technology, would facilitate exponentially a convergence of cybersurveillance-body tracking and data surveillance, or dataveillance-biographical tracking. Yet, the existing Fourth Amendment jurisprudence is tethered to a “reasonable expectation of privacy” test that does not appear to restrain the comprehensive, suspicionless amassing of databases that concern the biometric data, movements, activities, and other personally identifiable information of individuals. In this Article, I initiate a project to explore the constitutional and other legal consequences of big data cybersurveillance generally and mass biometric dataveillance in particular. This Article focuses on how biometric data is increasingly incorporated into identity management systems through bureaucratized cybersurveillance or the normalization of cybersurveillance through the daily course of business and integrated forms of governance

Privacy In The Smart Grid: An Information Flow Analysis

Project Final Report prepared for CIEE and California Energy Commissio