How We Export The Erosion of Human Rights

Whenever I moan about the British Government interfering with and weakening our human rights protections, one thing I usually note is what a terrible example it sets to other countries around the world.  How can we expect other Governments to respect human rights if we do not respect them ourselves.
Here is a concrete example of this problem in action, courtesy of The Guardian.

China introduces its own ‘snooper’s charter’
Defending the law, the Chinese government pointed to legislation proposed in Western nations, such as Britain’s draft investigatory powers bill, which grants similar powers to the UK government.

There is no need to comment further at this point.

GCHQ Has Not Been Here

The draft Investigatory Powers Bill was published at the beginning of November.  Its a huge document and the Government promised there would be ample time for scrutiny before MPs start the formal legislative process next year.  Unfortunately, some are suggesting it now be rushed through in the wake of the Paris attacks. Continue reading “GCHQ Has Not Been Here”

Surveillance: It's not all about you

The Investigatory Powers Bill will be published tomorrow.  The Home Secretary will set out her vision for what snooping powers the security services should have in their tool-box, and also what oversight parliament, the judiciary, and independent ‘watchdogs’ should have over the use of those powers.
I work for English PEN, one of the six organisations leading the Don’t Spy On Us campaign.  Be in no doubt I will be sharing our analysis of the proposed new law and recommendations for improvement.
A constant issue regarding civil liberties (and one that we have discussed before on these pages) is how to convince members of the public to care about human rights when few of us ever actually experience a violation of those rights.  In the past, I have discussed the idea of ‘everyday rights‘ and the notion that, even if we are not tortured or detained, our lives are made marginally worse when our rights are eroded, even in small ways. Continue reading “Surveillance: It's not all about you”

Surveillance changes the "Psyche of the Community"

When we debate surveillance (whether its CCTV or snooping on our e-mails) the debate is usually framed as a trade off between civil liberties and security.  Its the right to privacy versus the right to be protected from crime.  Often, civil libertarians seek to win the argument by highlighting how the State can be tyrannical, oppressive, corrupt… or unworthy of trust.  Our governments are compared literary dystopias like Airstrip One in Nineteen Eighty-Four or to real-life dictatorships like North Korea.  These arguments are persuasive to some.
But as I have discussed previously, this approach does not persuade everyone.  And by deploying these arguments, civil liberties campaigners actually leave themselves exposed.  What if you do not believe that (say) the UK is as bad as North Korea?  What if you think that, on balance, Teresa May, Sir Bernard Hogan-Howe and Robert Hannigan are actually on our side and not out to seize tyrannical control of the people?  All this chat about nefarious government agents acting like the Stasi will simply not persuade. 
When we talk about surveillance, we need to talk about The Observer Effect.  In physics, this is the concept that says that by measuring something, you change it.  And  we’re talking about surveillance, The Observer Effect means that simply by watching someone, you change their behaviour. Continue reading “Surveillance changes the "Psyche of the Community"”

Is surveillance chilling child abuse whistleblowers?

Earlier this year, two rather shocking examples of over-reach by the security services were revealed. The police have used controversial powers in the Regulation of Invesigatory Powers Act 2000 (RIPA) to bypass the need to get a warrant before accessing phone records. They were therefore able to snoop on journalists in a bid to unmask whistleblowers. This is a threat to free speech and something a judge would never have signed off on.
The two cases both involved political scandals. The first was the hacking of the Mail on Sunday journalists reporting on the Chris Huhne speeding points scandal. The second was spying on the political editor of The Sun who was reporting on the Andrew Mitchell #Plebgate affair (for once, a pleasing use of the ‘-gate’ suffix since the scandal did involve an actual gate).
Both these cases have outraged journalists and human rights campaigners. It’s an invasion of privacy and discourages free speech. The Bureau of Investigative Journalism has made a complaint to the European Court of Human Rights. However, I wonder whether these cases persuade the public at large that there is a problem. Journalists and politicians are among the least trusted professions, so I wonder whether they garner much sympathy. These are not scandals that relate to the lives most people are living.
I’ve argued before that campaigners need to ground their defence of human rights principles in stories that are meaningful to ordinary people. Good recent examples of this approach in action: The Labour Campaign for Human Rights (see here and here) and the Daily Mirror (see here and here).
There is another news story bubbling away at the moment that I think may persuade the public of the dangers of unchecked surveillance, and that is the investigations into alleged child abuse by senior establishment figures including, apparently, a former minister. There were apparently two dossiers about alleged pædophiles presented to Home Secretary Leon Brittan in the 1980s, which have since gone missing. And according to Zac Goldsmith MP, detailed records seized from the notorious Elm Guest House disappeared after they were taken as evidence by the police.
Here’s what I reckon. It’s all conjecture and hypothesis, but I think it’s plausible: I think there must be former policemen and civil servants out there with knowledge of a cover-up. I think that some of them would like to ‘blow the whistle’ and tell the country what they know. But since police-officers are likely to be implicated in a cover-up, we run the risk that they will use RIPA and other surveillance powers to track-down and discredit anyone seeking to tell their story to the media, in confidence.
Potential whistleblowers know this. They have seen how people talking to journalists in the public interest are hounded by the security services.
I think that people who should be speaking up about child abuse today are keeping quiet because of the surveillance of journalists. My sad prediction is that we will one day discover this to be true, and that victims were denied a chance at justice.
Politicians like to say that surveillance keeps us safe, but sometimes, too much surveillance can cause irreparable damage, too.