Bye Bye ID Cards!
It was one of the many authoritarian disasters visited upon us under the New Labour surveillance state, but the ConDem coalition has just announced it’s over. And when I say over I mean over – even the Register has gone:
Both Parties that now form the new Government stated in their manifestos that they will cancel Identity Cards and the National Identity Register. We will announce in due course how this will be achieved. Applications can continue to be made for ID cards but we would advise anyone thinking of applying to wait for further announcements.
Until Parliament agrees otherwise, identity cards remain valid and as such can still be used as an identity document and for travel within Europe. We will update you with further information as soon as we have it.
The question will remain I suppose whether the coalition will tear up New Labour’s ‘Safeguarding Identity‘ document – their insidious attempt to redefine the relationship between the individual and state for the 21st century. If not then there’s scope for the scheme to return, but this augurs well, at least for this area of civil liberties.
Section 44 Still Being Abused
(cross-posted from London Photographers’ Branch of the NUJ)
Branch member Grant Smith has sent this account of a stop and search under s44 of the Terrorism Act. The incident happened earlier today in the City of London whilst Grant was doing some test shots for an environmental portrait of an architect. This comes just weeks after the Metropolitan Police issued new guidance to officers about using s44 on photographers.
The incident clearly shows how officers are continuing to abuse Terror laws and how security guards are abusing their position by calling the police every time somebody photographs a building, which they claim is not allowed, but is of course perfectly legal and legitimate.
Can I Please Have My Mobile Phone Back, Officer?
I spent the weekend in Derby at the National Photography Symposium and was involved in a panel discussion on ‘Photography, Security and Terrorism. How ironic that my first assignment back in London today saw me experience again the public humiliation of a detention and a physical search by a City of London police officer.
Scouting for a location on London Wall for a portrait of one of the architect’s responsible for the City’s changing skyline, I went to One Aldermanbury Square. Loaded with a Canon g10, I wandered around the base of the building taking recce shots. A guard employed by the building waved his hands at me, asserting that I couldn’t photograph this building. As I stood on the pavement opposite the building I told him he was wrong, and I had every right to photograph, which I kept on doing. Another guard approached saying the same thing, and that if I didn’t move he’d call the police. (He recognised me from a previous occasion when he had warned me off, which had also resulted in a police response. On that occasion they were satisfied that I was within my rights and I had done nothing wrong. Thus the security guards had prior confirmation from the police that I was a photographer, not a terrorist.) I wandered back and forth, sizing up my locations and where I would place my subject. I walked along London Wall high walk, and saw the frenzied police activity below. Four officers had arrived and were in animated discussion with the guards. A police van with flashing lights sped out of Wood Street and eyeballed me, fixing my position. Uniformed police approached me from both directions. I continued walking and photographing. PC 374 walked towards me and greeted me with a cheery ‘Hello’. I responded in like fashion and continued to walk on as he spoke into his radio. He stopped me with his hand firmly on my chest. I asked if I was being detained.
‘I’d just like a word with you.’
Am I being detained? ‘Yes you are.’
Under what grounds? ‘Section 44(2) of the Terrorism Act.
Why? ‘If you’ll let me finish’, he responded. ‘And you are?’ He inquired the way a school bully might query anyone on their patch.
I wanted to know why I was being detained, and what were the reasonable grounds. ‘The guards at the building over the road alerted us to someone acting suspiciously. And under Section 44(2) we don’t need reasonable grounds.’
‘What’s suspicious about my behaviour. I was taking photographs.’
‘If you let me finish. The fact you were taking photographs, we’d like to know the reason. ‘
I said that I’m in the City, an area of iconic buildings and fascinating historical sites, that’s why I’m taking photographs. He replied with a cryptic answer:‘You’ve just explained it.’ I looked puzzled.
‘The very fact you were here at all is the reason we’ve stopped you.’
I explained that being in a public space I could not be prevented from taking photographs. He said the guards were wrong in trying to stop me. I felt relieved and thought that the whole affair would rest then and there. As I began to move away a second PC, PC29 moved from behind and took both my arms, preventing me from moving. PC 374 then told me he was searching me under s44, and he began to go through my pockets and pat me down. My phone was taken from me. The camera hanging around my neck was carefully removed and placed out of my reach. I asked several times if I could record this incident on camera and was denied this right, being told that under s44(2) I must do as ordered. The power was now in their hands. Mine were still being held.
PC went through my pannier, flipping through personal notebooks, gingerly peeking in a plastic bag that contained a towel and swimmers, still wet from my earlier swim. He located my wallet, and pulled out my drivers licence with obvious glee. Each time I attempted to move PC29’s grip on my arms became firmer. I moved to zip up my jacket, which had been unzipped in the search, and his grip tightened. I explained I was getting cold and would like to warm up. He agreed, but kept hold of me by one hand. I tried to move left or right and he blocked me. Repeated requests for my phone and camera were turned down. I asked to get pen and paper from my bag, and this was declined. I said I wanted to record the incident, only to be told that I will get their record at the end of the procedure.
Many times I asked why was I being stopped under s44. The answer I given was because of my obstructive and non-compliant attitude. Based on this observation, it then became necessary to treat me as a potential criminal suspect. I noted that s44 could be open to misuse, as it was so powerful and sweeping. PC374 replied ‘It has been said, but it is open for our use’ The implication being that it can be used on anyone who is non-compliant.
Waiting for the data base to give PC374 the all-clear on my record, I was kept hemmed against the barrier by PC29, repeatedly told that if I kept moving I would be handcuffed. This scene of public humiliation, as I was restrained and treated like a criminal, was watched by workers from the neighbouring building.
Once the all clear was given, PC374 tore off the pink slip of the s44 stop search form asking if I wanted it. I asked if I could carry on taking photographs, he turned his back on me like a petulant child, forgetting that his cap lay on the ground in the spot he had removed it earlier. Joined by a third PC, the posse then turned their back on me refusing to answer any further questions from me. I watched as the three of them walked away from me, with my mobile phone. Excuse me I called ‘Can I please have my mobile phone back?’
On Trial for Inappropriate Tweet
While the newly re-elected politicians discuss the voting system, the surveillance state continues to criminalise objectively innocent people:
A 26-year-old man will go on trial today for allegedly posting a message on Twitter threatening to blow an airport “sky high”.
Paul Chambers denied “tweeting” the message about Robin Hood Airport, in Doncaster, South Yorkshire, on January 6.
Chambers, of Byram Court, Balby, Doncaster, was arrested after the post was picked up on the social networking site by routine investigations.
He pleaded not guilty to a single charge of sending, by means of a public electronic communications network, a message that was grossly offensive or of an indecent, obscene or menacing character.
As I said after his arrest, it’s an absolute insanity that an ill-judged comment, intended only for his Twitter followers, should then be put on trial for sending a ‘malicious message’. Absolutely insane. Hopefully Allen Green is right and there’ll be a not guilty verdict or better momentarily.
UPDATE: Chambers has just been found guilty.
Nick Clegg Promises to Repeal Digital Economy Act
In his first masterstroke after his enormous success in the first leaders debate, Lib Dem leader Nick Clegg has promised to repeal the Digital Economy Act if elected:
“We did our best to prevent the Digital Economy Bill being rushed through at the last moment. It badly needed more debate and amendment, and we are extremely worried that it will now lead to completely innocent people having their internet connections cut off,” said Clegg.
“It was far too heavily weighted in favour of the big corporations and those who are worried about too much information becoming available. It badly needs to be repealed, and the issues revisited.”
And the Lib Dems immediately aim for the so-far ignored youth vote. Clegg is putting his money where his mouth is on freedom, missing nothing out that I know of. I’m increasingly convinced, particularly with the influence rapidly heading his way, that it’s vital that those of us who care about reversing the authoritarian agenda so loved by Labour must vote Lib Dem. Right principles, right priorities and credible, focused leadership: I’m sure impressed.
Lib Dems Open Up a Front on Civil Liberties
After a first week with Labour and the Conservatives (henceforth Labservatives) refusing to talk about civil liberties and human rights, both completely ignoring issues around the government’s authoritarian agenda, the Lib Dems have finally created an opening with the release of their manifesto:

Speaking to the Guardian, the Lib Dem leader said he was shocked by the lack of reference to civil liberties in the Labour manifesto, and highlighted his own plans to scrap the next generation of biometric passports, and its communication base.
He said: “It’s a measure of the authoritarian streak of the Labour party that it didn’t refer once to liberty in its own manifesto.
“Civil liberties and individual freedoms are part of the DNA of the Lib Dems. It makes a compete mockery of the claim by Gordon Brown that he can speak for progressive voters in other parties when his own party has turned its back on one of the cornerstones of progressive politics.
The manifesto, part of which has been seen by the Guardian, proposes to set up a “stop unit” inside the Cabinet Office responsible for preventing anti-libertarian legislation, including the creation of new criminal offences.
Now that really is a clear blue line between the parties. I fully accept that many outcomes of the authoritarian project have been accidental – the RIPA legislation for example hasn’t been used remotely as intended, and nor for that matter has Section 44 of the Terrorism Act, although it’s probably debatable whether either piece of legislation was ever necessary. Joined up thinking like this is what we were promised in 1997, but it never happened.
The Liberal Democrats claimed scrapping biometric passports could save £3bn over the course of a parliament, the first time the party has mentioned this saving. It also calls for regulation of closed-circuit television, measures to stop councils spying on people, and new guidelines to prevent unfair extraditions to the US.
The manifesto says the Lib Dems would stop children being fingerprinted at school without their parents’ permission and promises to restore the right to protest by reforming the Public Order Act to safeguard non-violent protest.
Restrictions would be introduced to narrow the scope of injunctions and there are proposals to protect free speech and investigative journalism.
Very nice. It’s something which was discussed last night at the Hostile Reconnaissance event. Grand principles are being brushed aside in the name of ‘security’, and it’s time particular protections such as these were itemised, codified and legislated for.
The party is in favour of reforms to the English and Welsh libel laws: corporations would have to show damage and prove malice or recklessness to mount a successful court challenge against journalists. The party also calls for a £10,000 cap on individual donations, down from its previous pledge to impose a £50,000 cap.
More like it yet again. Just what were Labour promising again?
At the manifesto launch on Wednesday, Clegg will promise to scrap control orders, which can use secret evidence to place people under house arrest, as well as reduce the maximum period of pre-charge detention to 14 days. The second-generation biometric passport, which includes fingerprints, is not due to be scrapped by the Tories, even though they do propose to drop the national identity register.
What’s clear here is that the Lib Dems are committed to rolling back the authoritarian agenda itself. The Tories are promising to make tweaks here and there and changes of focus, but the agenda itself under them would without question remain. These commitments give voters a reason to vote for them actively, rather than just voting against the other main parties. I wonder though what pressures they would find themselves under if they really were in government, given that (again as came out in the Hostile Reconnaissance event last night) the party is wedded to neoliberal economic policies? So much of Labour’s agenda has arisen from that reality, and I wonder what any Lib Dem’s views on this are.
But the Lib Dems will argue it is not necessary to spend billions of pounds on storing fingerprints in passports, and say Britain already has a type of biometric passport known as an e-passport, which stores 16 facial measurements (along with your name and passport number) in the chip at the back.
Clegg said he would also scrap the communications database for which companies would be paid to store information about everyone’s email and internet use, including storing data about what you do on social networking sites such as Facebook and online computer games.
It sure sounds good. Is it now incumbent for as many of us as possible to vote Lib Dem at any cost in order to express our feelings on this vitally important issue?
Hostile Reconnaissance: A Liveblog
Read my liveblog of the Hostile Reconnaissance rally run by the London Photographers’ Branch of the NUJ against police abuse of anti-terror legislation.
CRB is a Destructive Disaster
Don’t believe me? Check this out from The Sun:
Bungling officials have labelled 15,000 innocent people as criminals in the past six years.
The blunders by the Criminal Records Bureau, a Home Office agency, amount to around seven smears every day.
The victims discovered they had been branded sex offenders, violent thugs or fraudsters when they had a CRB check before a new job. Many went through lengthy appeals to clear their names.
Our Freedom Of Information probe found the CRB coughed up an incredible £290,000 last year alone in “apology payments” to the worst-affected victims.
Most of the bungles involved CRB checks being mixed up, or incorrect details being given out by staff.Others involved police releasing information which was recorded wrongly when an offence was committed.
This is the effect of large-scale state bureaucracy on society. It’s being reflected by the Independent Safeguarding Authority (ISA), it would be reflected through the National Identity Register, and it’s downright sinister. Supporters of the government’s authoritarian agenda insist ‘if you have nothing to hide, you have nothing to worry about’, but evidence such as this keeps coming up to prove otherwise. Using a contracted-out agency to determine for employers and voluntary organisations who’s worthy and who’s not worthy in society will inevitably skew the entire basis of human relationships, and make what might otherwise be minor administrative errors catastrophies for those affected by them. It’s shameful how prepared this government has been to reduce people down to mere statistics on databases, when the evidence has been that the databases are inevitably incompetently managed and frequently abused. Far worse though has been the extent to which people have bought into the database state in the name of convenience, given the extent of the misery it’s responsible for.
Take a Stand Against Hostile Reconnaissance
From London Photographers’ Branch:

Hostile Reconnaissance
Terror Laws, Civil Liberties & Press Freedom
13th of April, 7pm. Friends Meeting House, Euston.
With the General Election in full swing it is time to put civil liberties and press freedom centre stage in the election debates. Our right to work, our right to protest and dissent are increasingly under threat by the use and abuse of a raft of anti-terror legislation.
Professional and amateur photographers alike are being stopped routinely by police under Section 44 of the Terrorism act on grounds of conducting ‘Hostile Reconnaissance’ which has seen the rapid growth of the campaign group ‘I’m a Photographer Not a Terrorist!‘.
The use of these laws has been challenged and ruled unlawful by the European Court of Human Rights. The filmmaker and NUJ member who is fighting the government appeal to the ruling next week, Pennie Quinton, will be speaking at the rally.
Mike Mansfield QC said in support of the rally:
The Government’s legislation has less to do with terrorism than with control and the suppression of opposition and truth. It has been recognized for some time by the authorities that agents of the state have too often been caught on camera committing unlawful acts: (Orgreave, Poll Tax, Fairford, Brighton, G20, climate camp). The power to confiscate the camera is therefore an essential tool for an oppressive regime.
How such a draconian measure, drafted in such wide ranging terms, got past our so called political scrutineers in the Commons beggars belief. Either they were subverted by the ‘fear factor’, diverted by expenses claims or overcome by sleep. Mind you, it’s the same lot who voted for the War in Iraq in the first place and who later believed security service assurances that the UK had not colluded in rendition and torture. Such an unquestioning and unaccountable bunch of Labour and Tory MPs needs to be booted out on May 6 and this iniquitous provision repealed
The London Photographers’ Branch of the National Union of Journalists, is proud to be hosting a pre-election rally Hostile Reconnaissance – Terror Laws, Civil Liberties & Press Freedom at 7pm on the 13th of April at Friends Meeting House in Euston.
The rally will be chaired by photographer Jess Hurd and we’ve got a top lineup of speakers who have dealt with the raft of terror laws that we face today:
- Jeremy Dear, General Secretary National Union of Journalists
- Paul Lewis, Guardian journalist & British Press Awards Reporter of the Year 2010
- Keith Ewing, Professor of Public Law at King’s College London & author of Bonfire of the Liberties
- Henry Porter, Observer columnist, author & British editor of Vanity Fair
- Chez Cotton, Head of Action Against the Police at Bindmans Solicitors & a co-ordinator of the Police Action Lawyers Group
- Marc Vallée, Photojournalist, investigative journalist and one of the organisers of the I’m A Photographer, Not a Terrorist! campaign group.
- Pennie Quinton, Filmmaker who won the ECHR case that ruled s44 is unlawful.
Opening the rally will be a film by Jason N Parkinson with highlights from the campaign.
Supporting the rally are the National Union of Journalists, NUJ London Central Branch and the I’m a Photographer, Not a Terrorist! campaign group.
Contact:
Jonathan Warren 077939 40759
Jess Hurd 07713 151765
info@londonphotographers.org
http://londonphotographers.org
Talk Talk Immediately Defies Digital Economy Bill
Another poll tax-style rebellion looming? From the Talk Talk blog:

It looks like much of the Digital Economy Bill will make it through to get Royal Assent by the end of the week.
The Bill is now in much better shape than when first tabled by the Government last year – the ability of the Government to impose disconnection at will has been checked and the Henry VIII clause that literally allowed the Government to do anything else to reduce copyright infringement has been removed.
However, many draconian proposals remain such as the responsibility on customers to protect their home networks from hacking at a collective cost of hundreds of millions of pounds a year, the presumption that they are guilty unless they can prove themselves innocent and, as in China, the potential for legitimate search engines and websites to be blocked.
This is made all the more appalling by the ability of big music and film companies to influence government and the absence of any proper debate or scrutiny by MPs – only 5% of MPs turned up for the brief debate yesterday and the other important Parliamentary stages will be bypassed in the wash-up process.
TalkTalk will continue to battle against these oppressive proposals – they will require ’secondary legislation’ before they can be implemented.
After the election we will resume highlighting the substantial dangers inherent in the proposals and that the hoped for benefits in legitimate sales will not materialise as filesharers will simply switch to other undetectable methods to get content for free.
In the meantime we stand by our pledges to our customers:
- Unless we are served with a court order we will never surrender a customer’s details to rightsholders. We are the only major ISP to have taken this stance and we will maintain it.
- If we are instructed to disconnect an account due to alleged copyright infringement we will refuse to do so and tell the rightsholders we’ll see them in court.
Internet Giants Attack Digital Economy Bill
A letter has been written by UK Internet giants including Facebook, Google and eBay and published in the Financial Times, slamming the Digital Economy Bill:
In a letter to the Financial Times, the group, which also includes UK ISPs such as BT and TalkTalk, said the amendment to the Digital Economy Bill has “obvious shortcomings” and will lead to an “increase in internet service providers blocking websites accused of illegally hosting copyrighted material without cases even reaching a judge”.
The amendment to Clause 17 of the bill, which was passed by the House of Lords last week, gives High Court judges the power to force ISPs to block access to any website with a “substantial” amount of copyright infringing content, such as YouTube.
“Endorsing a policy that would encourage the blocking of websites by UK broadband providers or other internet companies is a very serious step for the UK to take”, the companies said.
“There are myriad legal, technical and practical issues to reconcile before this can be considered a proportionate and necessary public policy option. In some cases, these may never be reconciled. These issues have not even been considered in this case.”
The companies claim the amendment has been rushed through without consultation with industry or consumers.
Although that amendment was withdrawn last night in the Commons it’s just been reinstated by the Lords – you know, those people who weren’t elected and who don’t represent any of us. Any of you who don’t feel that constitutional reform is the number one priority in political life just look at what a wash out this ‘wash up’ is! Would proportional representation and an elected Senate really bring this disgrace about?
The Digital Economy Bill Devalues Everything
There are very few commentators who are anything less than livid about the passing of the Digital Economy Bill last night. From adoptioncurve.net:
what the DE Bill has shown us is that when the lobbyists get going, the politicians start rolling over. What business doesn’t want, society doesn’t get.
So I’ve got no faith at all that our current political process will be able to deliver the changes that are going to be needed, because they’re in lock-step with the vested interests that will be most harmed by those changes. By the time we’ve managed to overcome the inertia that this will cause, it may well be too late.
I’m emphatically not saying that the Digital Economy Bill isn’t important. It is, and it’s a very clear proxy measure for the kind of culture and society that we want to be. At the moment it looks like we want to be the kind of society that locks anything and everything of value away – that knows the cost of everything and the value of nothing. That doesn’t value creativity, or cooperation, or anything that might conceivably not carry a profit motive. That sounds like a pretty bleak kind of place, even if it’s the stuff of a Murdochian wet dream. And it’s not a place I want to be part of.
Tim makes an overwhelmingly important point. The bill sends out a very clear message about the sort of society which New Labour and the Tories want to see – not just one dominated by vested, corporate interests, but one where the traditional, social values which used to bind us together are absent. It’s not just about Peter Mandelson now being allowed to block any website he likes from the Internet in the UK in secret and for any reason he chooses, it’s about marketising ideas, reducing creativity to a cost/benefit, profit-related process. I, like Tim, would like society to have values which aren’t determined by neo-liberal economics, which can’t be reduced to a balance sheet, which are intuitively shared and enjoyed. That our politicians do not should alarm each and every one of us.
Shafted by the Digital Economy Bill
Gary Marshall from Techradar is angry about the Digital Economy Bill stitch-up:
If we’ve learnt one thing from the Digital Economy Bill fiasco, it’s that you should never underestimate the idiocy and venality of politicians. With a few honourable exceptions our MPs ignored tens of thousands of letters from thousands of constituents and didn’t bother to turn up for the debates.
Of the few MPs who did turn up, most of them said how bad the Bill was and what a shocking abuse of Parliament it was, which was why they were going to vote for it anyway. Some MPs clearly didn’t have a clue what any of it was about, which was why they were going to vote for it. Some MPs were pretty convinced that the BIll’s plans wouldn’t work, which was why they were going to vote for it. And so, depressingly, on.
It’d be funny if it weren’t so serious, because if you really wanted to fight piracy the last thing you’d do is wind up thousands of geeks who understand things like encryption.
If you were serious about protecting creativity you’d pay attention to the howls of horror from authors and analysts alike. If you wanted a balanced debate you wouldn’t just rubber-stamp paragraphs written by the BPI, and trot out statistics that have long been discredited.
If you really cared about the digital economy you wouldn’t introduce legislation that could kill public Wi-Fi, smother high-tech start-ups and get home businesses knocked off the net should the owner’s kids download the odd file.
And if you wanted to be re-elected, you wouldn’t alienate your most vocal potential voters.
The whole sorry fiasco has in my opinion been as, if not more damaging than the expenses scandal. At least with the expenses scandal there was a comeback – MPs could be deselected, voted down or even prosecuted for their betrayal of voters; not in this case. Despite an unprecedented campaign, fought largely through social media, the vast majority of MPs didn’t turn up to the debate, or chose to vote with the government, and against the wishes of the entire sector of the electorate they need to reengage with to bring British politics back from the brink. The current parliamentarians have proven themselves to be utterly disinterested in representing the wishes of those who sent them there, and the consequences for the political process could be disastrous. Why bother with activism or even voting when neither makes a difference?
Make Your MP Kill the Digital Economy Bill!
The General Election date has been set, Parliament has been dissolved, and the ‘wash up’ period has begun. Amongst the bills expected to be forced through without debate or parliamentary scrutiny is the Digital Economy Bill. Charles Arthur asks:
All sorts of questions remain: will the Liberal Democrats be able to derail it from moving into, and through, the wash-up? If it passes, will hotels and libraries and teashops and McDonalds shut down their open Wi-Fi? And if it passes and a Tory government comes in, and slices and dices Ofcom as it has indicated it would want to, will its effectiveness in monitoring processes in the bill be affected?
I’ve made the problems with the bill abundantly clear in previous posts, as well as the democratic deficit in pushing such a dangerous piece of legislation through because the government finds it expedient to do so. There is a groundswell of backbench opinion that the bill must not be allowed to pass in its current form, but we have to make it clear to our MPs right now that they at the very least must force a debate on it (which given there’s no time would mean it would fall). You can click here for all the resources you need to get through to them and do everything you can to prevent them from committing the greatest attack on civil liberties since New Labour began its authoritarian assault on them in 1997.
Disconnection Notice

If you believe in the rule of law, in due process, in the right to free speech, please email your MP by clicking here and urge them to force a proper, democratic debate and parliamentary scrutiny for this bill. The reasons why can be found here. Its second reading is due next Tuesday so time is of the essence.
Scouting for a location on London Wall for a portrait of one of the architect’s responsible for the City’s changing skyline, I went to One Aldermanbury Square. Loaded with a Canon g10, I wandered around the base of the building taking recce shots. A guard employed by the building waved his hands at me, asserting that I couldn’t photograph this building. As I stood on the pavement opposite the building I told him he was wrong, and I had every right to photograph, which I kept on doing. Another guard approached saying the same thing, and that if I didn’t move he’d call the police. (He recognised me from a previous occasion when he had warned me off, which had also resulted in a police response. On that occasion they were satisfied that I was within my rights and I had done nothing wrong. Thus the security guards had prior confirmation from the police that I was a photographer, not a terrorist.) I wandered back and forth, sizing up my locations and where I would place my subject. I walked along London Wall high walk, and saw the frenzied police activity below. Four officers had arrived and were in animated discussion with the guards. A police van with flashing lights sped out of Wood Street and eyeballed me, fixing my position. Uniformed police approached me from both directions. I continued walking and photographing. PC 374 walked towards me and greeted me with a cheery ‘Hello’. I responded in like fashion and continued to walk on as he spoke into his radio. He stopped me with his hand firmly on my chest. I asked if I was being detained.