There was a time when most of the political parties in the UK would object to mass surveillance and the State having a watchful eye on every one of its citizens. The influence of the Magna Carta, that 800-year-old document, was a keystone of thinking in this country. Although it was aimed at the privileged when first placed in front of a Monarch, it embraced the idea of liberty. It so upset the establishment that a Pope denounced it.
Ideas endure and those contained in the Magna Carta went on to inspire the framers of the constitutions and legislation in many countries. It doesn’t sound so strange in modern times that a person should be able to go about their lives without an overbearing State impinging on their liberty. Well, at least in theory.
I remember the intense debates that took place in the mid-1990s. The subject being the introduction of identity cards in the UK. Technical arguments were made of how such a measure would simplify lives in the coming digital age. Those agreements paid little attention to the erosion of fundamental rights that the centralising personal data on citizens would bring.
What’s happened now, through a process of stealth, is that people have given away vast qualities of data to international commercial entities without batting an eyelid. The legal device that has been used is a contract that few people ever read. The End User License Agreement (EULA). This detailed fine print addresses data collection and aims to protect software providers from liability.
I suspect that Conservative politicians have observed how little attention people are paying to the erosion of their rights that they feel emboldened to abandon any commitments to liberty. For some time now the Conservative mantra of has been to leave the European Convention on Human Rights (ECHR). This is based on a gamble that most people will not have read the document. It’s a bit like the snatch and grab that the typical EULA has become.
Now, the Conservative Party has doubled down on a shift to the right of politics by inviting the prospect of mass surveillance. There’s a reasonable argument for the police to excurse powers to delve into the digital world when investigating crime. In fact, how can they not do so. However, this should be done so when there’s reasonable basis for doing so. Not everyone is a suspect of criminal activity. The law of the land still upholds the idea that guilt must be proven.
Computational tools are getting ever more powerful. I could joke that the number of articles on AI would reach to the Moon and back, but I wouldn’t be far wrong. One of the powerful software tools that’s accumulating uses is that of digital facial recognition. We’ve advanced from the days of inky fingerprints, although such prints are still valuable identifiers.
Where do we have a problem with liberty? The framers of many longstanding constitutions didn’t have to think to hard about what liberty meant in a world devoid of digital cameras. Now, any citizen’s image is going to be caught hundreds of times through the day. Maybe thousands of times. That instant image can be present on storage devices across the globe.
Who owns that image of me or you? Can it be used by anyone? Tricky questions given phones, traffic cameras, doorbells and home and business security cameras are subject to EULAs. On a superficial basis, requiring police forces to extract digital images and run them through a national database can sound like a good crime fighting idea.
The problem is where is the line drawn? Mass surveillance? Where everyone is an immediate suspect until proven not guilty? Not guilty by virtue of the calculation of an algorithm. Widespread digital camera coverage does put this in prospect. Images stored all over the world. Do we need to reframe the Magna Carta for the AI age? Now, there’s a thought.
John Vincent 