The digital divide in the post-Snowden era

"The NSA has built an infrastructure that allows it to intercept almost everything. With this capability, the vast majority of human communications are automatically ingested without targeting. If I wanted to see your emails or your wife's phone, all I have to do is use intercepts. I can get your emails, passwords, phone records, credit cards.

"I don't want to live in a society that does these sort of things … I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under."

Edward Snowden, The Guardian, 10 June 2013

http://www.theguardian.com/world/2013/jun/09/nsa-whistleblower-edward-snowden-why

What is surveillance?

“...the focused, systematic and routine attention to personal details for purposes of influence, management, protection or direction.”

Lyon, D. (2007). Surveillance studies : an overview. Cambridge UK: Polity.

bored | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/bhikku/55921364/

Author: Duca di Spinaci https://creativecommons.org/licenses/by-nc/2.0/

“...to induce in the inmate a state of conscious and permanent visibility that assures the automatic

functioning of power. So to arrange things that the surveillance is permanent in its effects, even if it is discontinuous in its action; that the perfection of power should tend to render its actual exercise

unnecessary.”

Foucault, M. (1977) Discipline and Punish: the birth of the prison.

Control is an Option to Command | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/fredcintra/2671822805/Author: Frederico Cintra https://creativecommons.org/licenses/by/2.0/

State surveillance

Demonstrations, Strikes, Marches, Processions: suffrage parade, c.1908. | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/lselibrary/22678375507/Author: LSE Library https://www.flickr.com/commons/usage/

In September 1913 the Home Office had ordered that the photographs of all the suffragette prisoners be taken without their knowledge.

Detectives compiled photographic lists of key suspects, the aim being to stop arson attacks, window-smashings or the dramatic scenes of women chaining themselves to Parliament's railings.

In 1967, the President ordered the U.S. Army to engage in surveillance of domestic dissident groups, fearing civil disorder in the aftermath of theassassination of Martin Luther King, Jr.

Dr. Martin Luther King Jr., 13 November 1964 | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/dukeyearlook/4476299675/

Author: Duke University Archives https://creativecommons.org/licenses/by-nc-sa/2.0/

“In a democratic society privacy of communication is essential if citizens are to think and act creatively

and constructively. Fear or suspicion that one’s speech is being monitored by a stranger, even

without the reality of such activity, can have a seriously inhibiting effect upon the willingness to voice critical and constructive ideas.”

President’s Commission on Law Enforcement and Administration of Justice. (1967). The Challenge of Crime in a Free Society, (February), 1–342. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=42

“In a democratic society privacy of communication is essential if citizens are to think and act creatively

and constructively. Fear or suspicion that one’s speech is being monitored by a stranger, even

without the reality of such activity, can have a seriously inhibiting effect upon the willingness to voice critical and constructive ideas.”

President’s Commission on Law Enforcement and Administration of Justice. (1967).

President’s Commission on Law Enforcement and Administration of Justice. (1967). The Challenge of Crime in a Free Society, (February), 1–342. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=42

“[W]hen we engage in democratic argument, the point of the activity is critically to reflect on our preferences, to question them, to challenge them, to enlarge them, to improve them.”

- Michael Sandel

Source: http://www.bbc.co.uk/programmes/b00lb6bt

“When human beings are scared and feel everything is exposed to the government, we will censor ourselves from free thinking. That's dangerous for human development.”

- Ai Weiwei

theguardian.com/commentisfree/2013/jun/11/nsa-surveillance-us-behaving-like-china

That is, there are no dangerous thoughts for the simple reason that thinking itself is such a dangerous enterprise. . . . nonthinking is even more dangerous.

- Hannah Arendt

Arendt, H. (2013). Hannah Arendt: The Last Interview. Melville House.

“Democracy expresses itself in a continuous and relentless critique of institutions; democracy is an anarchic, disruptive element inside the political system: essentially, a force for dissent

and change. One can best recognize a democratic society by its constant

complaints that it is not democratic enough.”

- Zygmunt Bauman

Zygmunt Bauman (2001), The Individualized Society. London: Polity Press.

Voting | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/kcivey/480629716/Author: Keith Ivey https://creativecommons.org/licenses/by-nc/2.0/

The Protest | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/croma/7400822350/ Author: Robert Croma https://creativecommons.org/licenses/by-nc-sa/2.0/

Privacy

The age of corporate surveillance

Deserted Piccadilly Circus with Fast Bus | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/jacobsurland/19240618813/Author: Jacob Surland https://creativecommons.org/licenses/by-nc/2.0/

Harvest | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/digimist/20432517610/

Author: Richard Clark (Digimist) https://creativecommons.org/licenses/by-nc/2.0/

We are always looking for more ways to deliver you the most useful and relevant ads - for example, we may use your Google search queries on the Web, the sites you visit, Google Profile, +1’s and other Google Account information to show you more relevant ads in Gmail.

https://support.google.com/mail/answer/6603?hl=en

It might seem curious to think of information gathering by private entities as "surveillance." Notions of surveillance have traditionally been concerned with the watchful gaze of government actors like police and prison officials rather than companies and individuals. But in a postmodern age of "liquid surveillance," the two phenomena are deeply intertwined. Government and nongovernment surveillance support each other in a complex manner that is often impossible to disentangle.

Richards, N. M. (2013). The dangers of surveillance.

Harvard Law Review, 126(7), 1934–1965.

“The Department of Defense (DOD) has been interested in Disney Amusement Parks for decades. Known as Operation Mickey Mouse, the DOD has been studying Disney’s use of technology and coercion techniques. The DOD has also been working in conjunction with Disney to collect information on Beta testing operations that the popular theme park uses on their customers.”

Posel, S. (2013). Disney Biometrics and the Department of Defense.

Retrieved from occupycorporatism.com/disney-biometrics-and-the-department-of-defense

21st century surveillance

Foggy Evening | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/btf5/19377137838/

Author: Barbara Friedman https://creativecommons.org/licenses/by-nc/2.0/

Pednvounder Beach | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/uglyold/8927411895/

Author: Paul Lester https://creativecommons.org/licenses/by-nc-sa/2.0/

190 Subsection (9)(f) provides for the retention of internet connection records. Internet connection records are a record of the internet services that a specific device connects to – such as a website or instant messaging application – captured by the company providing access to the internet. They could be used, for example, to demonstrate a certain device had accessed an online communications service but they would not be able to be used to identify what the individual did on that service. Clause 47 provides certain restrictions on the acquisition of internet connection records. Clause 193 provides that in the particular context of web browsing anything beyond data which identifies the telecommunication service (e.g. bbc.co.uk) is content.

Home Office (2015). Draft Investigatory Powers Bill. Retrieved from https://www.gov.uk/government/publications/draft-investigatory-powers-bill

Encryption technologies

But the question is are we going to allow a means of communications which it simply isn’t possible to read. My answer to that question is: no, we must not.

Special Address: David Cameron gestures | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/worldeconomicforum/8410102641/Author: World Economic Forum https://creativecommons.org/licenses/by-nc-sa/2.0/

Hope, C. (2015) Spies should be able to monitor all online messaging, says David Cameron. Daily Telegraph http://www.telegraph.co.uk/technology/internet-security/11340621/Spies-should-be-able-to-monitor-all-online-messaging-

says-David-Cameron.html

“It seems like the media was just led around by the nose by law enforcement. [They are] taking advantage of a crisis where encryption hasn’t proven to have a role. It’s leading us in a less safe direction at a time when the world needs systems that are more secure.”

Fung, B. (2015). If government surveillance expands after Paris, the media will be partly to blame. The Washington Post. Retrieved from: washingtonpost.com/news/the-switch/wp/2015/11/19/if-government-surveillance-expands-after-paris-

the-press-will-be-partly-to-blame/

Paris | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/gwpfae/13326359683Author: MacPepper https://creativecommons.org/licenses/by-nc-sa/2.0/

The underlying public encryption methods employed by online jihadists do not appear to have significantly changed since the emergence of Edward Snowden. Major recent technological advancements have focused primarily on expanding the use of encryption to instant messenger and mobile communications mediums.

Well prior to Edward Snowden, online jihadists were already aware that law enforcement and intelligence agencies were attempting to monitor them. As a result, the Snowden revelations likely merely confirmed the suspicions of many of these actors, the more advanced of which were already making use of – and developing – secure communications software.

Flashpoint (2014). Measuring the Impact of the Snowden Leaks on the Use of Encryption by Online Jihadists. Retrieved from: https://fpjintel.com/portal/assets/File/Flashpoint_Jihadi_Encryption_Software_Sept2014.pdf

bokeh candle | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/27352608@N06/2987820313/Author: Ethan Doerr https://creativecommons.org/licenses/by-nc-sa/2.0/

Source: https://d25d2506sfb94s.cloudfront.net/cumulus_uploads/document/wt26kxdn72/YG-Archive-Pol-Sunday-Times-results-160115.pdf

The intellectual privacy divide

Figure in the Fog | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/mtsofan/8180428397/Author: John https://creativecommons.org/licenses/by-nc-sa/2.0/

Spotlight | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/alvaronovo/10733673893/Author: Alvaro A. Novo https://creativecommons.org/licenses/by-nc-sa/2.0/

“If you have nothing to hide you have nothing to fear...”

“Everyone is guilty of something or has something to conceal. All one has to do is look hard enough to find what it is.”

- Solzhenitsyn, A. (1968). Cancer Ward. The Bodley Head.

"Arguing that you don't care about the right to privacy because you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say.”

- Edward Snowden

Source: reddit.com/r/IAmA/comments/36ru89/just_days_left_to_kill_mass_surveillance_under/crglgh2

Newspaper Review | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/southbankcentre/13034106905/Author: Southbank Centre https://creativecommons.org/licenses/by/2.0/

“...undercover officer Peter Francis said he was instructed in 1993 to find information that could discredit the Lawrence family. He claims that he posed as an anti-racism campaigner in a hunt for ‘disinformation’ to use against those criticising the police.”

Source: http://www.theguardian.com/uk-

news/2014/feb/28/doreen-lawrence-police-spying-inquiry

P1060939 | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/helen61/5716717759/Author: helen.2006 https://creativecommons.org/licenses/by-nc-sa/2.0/

“Many disabled people are in fear of losing benefits through the various cuts or the new flawed assessments, but it is also unfair that some are now worrying about being reported because of being seen being active and having a nice time on a good day.”

Source: http://www.theguardian.com/commentisfree/2011/dec/06/disabled-people-benefits-dla

Old Westminster | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/demonsub/8362410222/Author: Darren Harmon https://creativecommons.org/licenses/by-nc-sa/2.0/

“I want to protect myself, but I don’t know how...”

onion | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/postbear/8638719643Author: postbear eater of worlds https://creativecommons.org/licenses/by-nc-sa/2.0/

Keyboard 2 | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/arrqh/4035827701/Author: Arrqh https://creativecommons.org/licenses/by-nc-sa/2.0/

Danger, No Smoking | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/karlsbad/17920476198/Author: Karl Schultz https://creativecommons.org/licenses/by-nc-sa/2.0/

Good morning:) | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/124374841@N05/21263365286/Author: Amber inhim https://creativecommons.org/licenses/by-nc-sa/2.0/

...some people do not use E2E encrypted email on the basis that “they are not aware, or do not understand, the protection techniques that are available”.

Renaud, K., Volkamer, M., & Renkema-Padmos, A. (2014). Why doesn’t Jane protect her

privacy? Lecture Notes in Computer Science (including Subseries Lecture Notes in Artificial Intelligence and Lecture Notes in Bioinformatics), 8555 LNCS, 244–262.

http://doi.org/10.1007/978-3-319-08506-7_13

San Gabriel Mountains | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/steveberardi/9181257258/Author: Steve Berardi https://creativecommons.org/licenses/by-nc-sa/2.0/

Pew Research Centre (2015) Americans’ Privacy Strategies Post-Snowden. Available from: http://www.pewinternet.org/files/2015/03/PI_AmericansPrivacyStrategies_0316151.pdf

The Right Tool | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/ebarney/3348965007/

Author: Emily https://creativecommons.org/licenses/by-nc/2.0/

Good morning:) | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/124374841@N05/21263365286/Author: Amber inhim https://creativecommons.org/licenses/by-nc-sa/2.0/

[Source: http://www.theguardian.com/technology/2015/nov/24/google-can-

unlock-android-devices-remotely-if-phone-unencrypted]

Retro Robot | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/kaptainkobold/9164005127/Author: Alan https://creativecommons.org/licenses/by-nc-sa/2.0/

Source: http://www.theguardian.com/technology/2015/nov/24/google-can-unlock-android-devices-remotely-if-phone-unencrypted

* Off contract figures as of Feb 2015. Source: http://appleinsider.com/articles/15/02/02/while-apples-average-iphone-price-surges-to-687-android-devices-flounder-at-254

Untitled | Flickr - Photo Sharing! : taken from -https://www.flickr.com/photos/matthiaswerner1984/5381521256/Author: Matthias Werner https://creativecommons.org/licenses/by-nc-sa/2.0/

Not all encryption tools are equal...

Misty horizon | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/64643288@N00/53352954/Author: scatz https://creativecommons.org/licenses/by-nc/2.0/

Phone_9063 | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/trimmer741/7296789256/Author: Giandomenico Pozzi https://creativecommons.org/licenses/by-nc-sa/2.0/

The state of the digital divide

Internet Access - Households and Individuals, 2015 - http://www.ons.gov.uk/ons/rel/rdit2/internet-access---households-and-individuals/2015/index.html

BBC (2014). BBC Basic Online Skills May 2014 research. Retrieved from http://downloads.bbc.co.uk/aboutthebbc/insidethebbc/whatwedo/learning/audienceresearch/basic-online-skills-nov-2014.pdf

Ofcom. (2015). Adults’ media use and attitudes report. http://stakeholders.ofcom.org.uk/market-data-research/other/research-publications/adults/media-lit-10years

The role of libraries/librarians

Barclays bicycles 1 | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/michoch/6385744165/Author: Michał Ochman https://creativecommons.org/licenses/by-nc-sa/2.0/

We are always looking for more ways to deliver you the most useful and relevant ads - for example, we may use your Google search queries on the Web, the sites you visit, Google Profile, +1’s and other Google Account information to show you more relevant ads in Gmail.

https://support.google.com/mail/answer/6603?hl=en

“commitment to the defence, and the advancement, of access to information, ideas and works of the imagination”

CILIP. (2012). Ethical Principles for Library and Information Professionals, 2004. Retrieved from http://www.cilip.org.uk/get-involved/policy/ethics/Documents/Ethical principles for library and information professionals October 2012.pdf

- CILIP’s Ethical principles for library and information professionals

Individuals must “decide for themselves what they should, or should not, access” and those providing the service must “respect the privacy of users and treat knowledge of what they have accessed or wish to access as confidential”

- Council of Europe statement (endorsed by CILIP)

Council of Europe. (2000). New information technologies: public access and freedom of expression in cultural institutions.

Retrieved from http://www.coe.int/t/dg4/cultureheritage/culture/Resources/DECS_CULT_NTI_libex(2000)2_EN.pdf

Libraries and information professionals have a responsibility to “reject electronic surveillance”, provide training on “tools to use to protect their privacy” and “respect and advance privacy at the level of practices and as a principle”...

- IFLA’s Statement on Privacy in the Library Environment

IFLA. (2015). IFLA Publishes a Statement on Privacy in the Library Environment.

Retrieved November 8, 2015, from http://www.ifla.org/node/9803

The Library Freedom Project is a partnership among librarians, technologists, attorneys, and privacy advocates which aims to make real the promise of intellectual freedom in libraries. By teaching librarians about surveillance threats, privacy rights and responsibilities, and digital tools to stop surveillance, we hope to create a privacy-centric paradigm shift in libraries and the local communities they serve.

- Library Freedom Project

Reach | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/jannemei/409158758/Author: jannemei https://creativecommons.org/licenses/by-nc-sa/2.0/

Coustick-Deal, R. (2015). Responding to "Nothing to hide, Nothing to fear"openrightsgroup.org/blog/2015/responding-to-nothing-to-hide-nothing-to-fear.

@thegrugq. Short guide to better information security.gist.github.com/grugq/353b6fc9b094d5700c70

Library Freedom Project. Privacy toolkit for librarians.libraryfreedomproject.org/resources/privacytoolkit/

Let’s Encrypt. letsencrypt.org

Electronic Frontier Foundation. eff.org

Digital Citizenship and Surveillance Society. dcssproject.net

Surveillance & Society (OA journal). library.queensu.ca/ojs/index.php/surveillance-and-society

The Digital Divide in the post-Snowden erasurveillance.infoism.co.uk

Murray, A. (2015). Finding Proportionality in Surveillance Laws.

Paul Bernal’s Blog. Retrieved from:

http://wp.me/p1CGOs-HI

Shubber, K. (2013). A simple guide to GCHQ's internet surveillance

programme Tempora. Wired. Retrieved from:

wired.co.uk/news/archive/2013-06/24/gchq-tempora-101

Gallagher, R. (2015). From Radio to Porn, British Spies Track Web

Users’ Online Identities. The Intercept. Retrieved from:

theintercept.com/2015/09/25/gchq-radio-porn-spies-track-web-users-online-identities/.

@thegrugq (2015). Operational Telegram. Retrieved from: medium.com/@thegrugq/operational-telegram-cbbaadb9013a

Richards, N. M., (2008). Intellectual Privacy. Texas Law Review, Vol. 87. Retrieved from: ssrn.com/abstract=1108268

Whitten, A. & Tygar, J.D. (1999). Why Johnny Can’t Encrypt: A Usability

Evaluation of PGP 5.0.

gaudior.net/alma/johnny.pdf

Radical Librarians Collective@RadicalLibs

rlc.radicallibrarianship.org

ian clark

t: @ijclark | @infoisme: [email protected]: infoism.co.uk

Blue Flow | Flickr - Photo Sharing! : taken from - https://www.flickr.com/photos/dennisholzberg/6622878345/Author: Dennis Holzberg https://creativecommons.org/licenses/by-nc-sa/2.0/