Sousveillance and the Social Implications of POV in Law Enforcement

The Social Implications of National Security

Sousveillance and the Social Implications of POV in Law Enforcement

Date: 22nd February 2012

Time: 9:15 AM -­‐ 5:30 PM

Venue: The University of Sydney, New Law Building, Level 4, Faculty Common Room, Eastern Avenue, Sydney, Australia

Workshop Description

“...Rather than tolerating terrorism as a feedback means to restore the balance, an alternative framework would be to build a stable system to begin with, e.g. a system that is self-­‐balancing. Such a society may be built with sousveillance (inverse surveillance) as a way to balance the increasing (and increasingly one-­‐sided) surveillance.” 
Steve Mann (2002),  http://wearcam.org/sousveillance.htm

Sponsors

SponsoredbytheResearchNetworkforaSecureAustralia(RNSA).  Co-­‐sponsoredbytheCentrefor Transnational Crime Prevention (CTCP) and the Institute for Innovation in Business and Social Research (IIBSOR) of the University of Wollongong (UOW).

Workshop Description

Policing today has become a high-­‐tech affair; especially in the provision of incident event tracking and reporting systems increasingly being used to provide evidence in a court of law.

These in-­‐car video (ICV) and body worn recording systems are said to increase convictions and eliminate false claims made by defendants, providing documentary support to police officers and their associated actions in an incident. But today, new technologiessuchassmart phones equipped with camerasand global positioning system chipsets can also be found in the hands of the everyday citizen, used to capture everyday happenings and distributed tosocial networkswith global reach.  Itisarguedthatthetraditional notion of community policing has been turned on its head—no longer strictly a strategy followed by police in positions of power in specific neighbourhoods, but a type of policing that has found itself in the hands of the general public.

TheVancouverRiotsandLondonRiotsof2011demonstratedthecomplexityofthenew3Gmobile environment as thousands of images and video were recorded by police, protesters, perpetrators, and innocent bystanders. Telecommunicationsoperatorsand serviceprovidersdeclaredthat theywould collaboratewith local police forces insofar as regulations allowed, and police called on citizens to act as informants to contribute images and video toward law and order.

The potential for real-­‐time criminalization based on identity, location and video footage has been discussed as a plausibleresponseby policeusing crowd-­‐sourced surveillance, andcrowd-­‐sourced sousveillancetechniques. With the proliferation of covert surveillance technologies the stage is set for a re-­‐evaluation of existing laws and practices.

Origins of Sousveillance

* Sousveillance is a term that was developed by Professor Steve Mann of the University of Toronto.

Publication

Outcomes of the Workshop to be published in a special issue of the IEEE Technology & Society Magazine at the end of 2012/ beginning 2013 to be edited by Katina Michael & Andrew Goldsmith.

Workshop Co-Convenor

Biography

Dr. M.G. Michael, Honorary Senior Lecturer

Dr. M.G. Michael, Honorary Senior Lecturer

M.G. Michael (Assoc. Member IEEE SSIT ’11) received a PhD from the School of Theology at the Australian Catholic University  in 2003  in  Brisbane,  Queensland,  and  a  Master  of Arts  Honors  from  the  School  of Philosophy, History and Politics at Macquarie University in 1999 in Sydney, New South Wales. Michael also completed a Master of Theology from the University of Sydney in 1991 in New South Wales, a Bachelor of Theology from Saint Andrew’s Theological College  in  1990 in  New South Wales, and a  Bachelor of Arts from  the  University  of  Sydney  in  1984  where  he  majored  in  general  philosophy  and  Modern  Greek literature.

Between 2004 and 2010 he was tutor, lecturer, course coordinator and then honorary senior fellow at the School of Information Systems and Technology at the University of Wollongong, NSW. During this post his responsibilities  ranged from coordinating Information and Communication Security, introducing a strong applied ethics  component  into guest lectures  he  delivered for subjects  in the  Social Policy  major in the Bachelor  of Information  and Communication Technology.  He  was  a  member of the  Centre  for Business Services  Science  (CBSS)  and  the  Institute  for  Innovation  in  Business  and  Social  Research  (IIBSOR), contributing to a variety of grants on the theme of Location-­‐Based Services.

Dr Michael is a member of the American Academy of Religion. He was also a member of the Research Network for a Secure Australia (RNSA) 2005-­‐2010. In 2010, Dr Michael co-­‐guest edited a special section on the theme of Uberveillance for IEEE Technology and Society Magazine, and in 2011 he co-­‐guest edited a special issue on the Fallout of Emerging Technologies for the same publication. More recently he co-­‐guest edited a special issue of the Journal of Location-­‐Based Services. Dr Michael was partly responsible for bringing the International Symposium on Technology and Society to Australia having published widely in numerous IEEE conferences. Dr Michael has edited three books for the RNSA on the topic of the social implications of national security technologies.

See http://ro.uow.edu.au/mgmichael

Policing’s visible labors

Keynote Address

Professor Kevin Haggerty, Professor of Sociology and Criminology, University of Alberta Canada

Title

Policing’s visible labors

Abstract

The police have historically been a ‘low visibility’ occupation, with the work of individual officers occurring beyond the immediate scrutiny of supervisors and out of view of most citizens. In recent years the police’s visible profile  has increased significantly. This presentation approaches this development as one instance in a  wider  politics  of visibility,  accentuating:  1. how  police  officers  are  increasingly  visible  to the  police organization itself, and 2. How new point-­‐of-­‐view technologies are altering dynamics in policing. The latter development marks both an opportunity and a challenge for the police who seek to capitalize on some of the  crime-­‐fighting potentials of a  camera-­‐carrying  citizenry while  also managing  the risks  this  poses  to police legitimacy.

Biography

Kevin  D.  Haggerty  is  editor  of  the  Canadian  Journal  of  Sociology  and  book  review  editor  of  the international journal Surveillance & Society. He is Professor of sociology and criminology at the University of Alberta and a  member of the  executive team for the New Transparency  Major Collaborative  Research Initiative. His recent work has been in the area of surveillance, governance, policing and risk.

 In addition to numerous peer reviewed papers he has authored, co-­‐authored or co-­‐edited Policing the Risk

Society (1997 Oxford University  Press)  Making Crime  Count  (2001 University  of Toronto Press)  and The New  Politics  of Surveillance  and Visibility  (2004 University  of Toronto  Press) Surveillance  &  Democracy (2008  Routledge)  Security Games:  Surveillance  and Security  at  Mega-­‐Events  (2010  Routledge)  and  the forthcoming the Routledge Handbook of Surveillance Studies (with Kirstie Ball and David Lyon).

Policing with body worn video technology: Overview and Case Studies

Title: Policing with body worn video technology: Overview and Case Studies

Mr Mark Lyell, Supreme Court of Queensland, High Court of Australia, Barrister-­‐at-­‐Law

Abstract

Law Enforcement involves two fundamental roles: investigation of offences and prosecution of offenders. Since  the  late 1830s  police  have  used  notebooks to  record  information, observations  and conversations including confessions  or admissions. More  than one  hundred and  fifty  years  later police  are  still issued notebooks for the same purposes. Body worn video (BWV) represents a development and convergence of technologies  associated  with  audio  and  visual  recording,  including  electronic  recording  of  interviews, CCTV and in-­‐car cameras. BWV represents  a development and extension of these technologies, but also has the potential to be a force multiplier for law enforcement agencies in the future.

Drawing on  the  experience  of  police  in  Australia,  the  UK,  US  and Canada, Mark  will discuss  five  main reasons why law enforcement agencies should embrace this technology. Firstly BWV provides police a tool with  which  they  can  gather  the  best  evidence. Secondly BWV  can  assist  in  negating  false  complaints against  police. Thirdly  BWV can modify behaviour and  improve  officer  safety.  Fourthly  BWV enhances professionalism, accountability  and  public  confidence  in  police.  Finally  BWV  can  provide  an  effective training tool. While the limitations of BWV should be understood, and concerns in relation to privacy must be addressed, it is argued that ultimately there  is a coincidence of interest for police, courts, public and defence lawyers in seeing BWV used more widely by police and law enforcement agencies. BWV provides police  an important new  tool that can enhance  the  efficiency and effectiveness  of police  in discharging their duty and bringing offenders to justice.

Biography

Mark  Lyell is a Barrister of the  Supreme Court of Queensland and the High Court of Australia. Mark  is  a graduate  of the University  of Queensland where  he  completed  a  BA  in philosophy  and political theory. Mark  completed  training  at  the  Queensland  Police  Academy  and  completed  two  years  service  as  an operational police  officer  with the  Queensland Police  Service,  and  he  holds  a  Diploma  of  Public Safety (Policing). He is a Member of the Australasian Institute of Policing and a Certified Police Practitioner. Mark subsequently completed a Bachelor of Laws  with Honours, and a Graduate Diploma of Legal Practice at the Queensland University of Technology.

Mark  has  ten  years  experience  as  an  advocate  in  criminal  cases  before  the  Magistrates  Court  in Queensland. Mark is  a Captain in the  Army  Reserve, having  graduated  from  the  Royal Military College Duntroon.  In  December  of  2010  Mark  was  awarded  the  Courier  Mail  Police  Scholarship  to  study international best practice in police use of body worn video.

This scholarship enabled Mark  to travel to the  UK, US and Canada to study the  experience  of police and law enforcement agencies and prosecuting authorities employing this technology.

Technology & Operational Safety – Pros & Cons for Officers

Title: Technology & Operational Safety – Pros & Cons for Officers

Mr Richard Kay, Founder & Principal Trainer, Modern Combatives International

Abstract

Modern technology  provides  many options  for public safety agencies  to increase  operational efficiency. One  example  is  the  officer-­‐mounted camera, a  compact portable  device  that  is  carried  by  officers  and mounted either on the side of the head or on the front of the torso and captures video and audio records of operational situations. However, whilst useful in an operational context to record officer/suspect actions, aid officers recall events post-­‐incident, and assist reviewers determine accountability against procedures, this  technology  may  create  serious  repercussions  in  post-­‐incident  investigations.  If  the  differences between human and camera perception are  not understood,  the  video involved could end up confusing and misleading officers, reviewers, and the  public. Officer-­‐mounted cameras  also pose  specific issues for officer safety -­‐ the  addition of extra gear (weight), understanding its  operation and capability (training), posing  an  injury  risk  to  officers  (hazard),  altering  suspect  interaction  (risk),  and  effecting  operational decisions  based on the  camera  (tactics). There’s also the  matter of data  security  from incident  to post-­analysis. Data quality and reliability is  a key factor, with the data integrity being a crucial aspect for legal process  after  the  fact,  as  well  as  reviewers  understanding  how  to  interpret  the  data  correctly  and  in context of the original situation.

Biography

Richard Kay is the founder of Modern Combatives®, a provider of operational safety strategies to the public safety community, and director of Dynamic Training®, an accredited provider of Vocational Education & Training.  He  has  studied  martial  and  combative  systems  since  1984  and  is  an  internationally  certified tactical force  instructor trainer.  He  has  studied  Systema  (Russian Special  Forces), Cloquba  Hajutsu  (US Police  Combatives),  Krav  Maga  (Israeli  Defence  Forces)  and  SAFTA  (US  Special Operations),  and  is  a certified Simunition Safety Supervisor, Force-­‐on-­‐Force Simulation Safety Instructor, Systema Instructor, 5th dan Karate black belt and 3rd degree Cloquba Hajutsu black belt.

Rich has  extensive experience in private security operations and spent time  in the  Australian military. In 2001 he attained the prestigious ASP Trainer Certification for law enforcement use of force training, and in 2011 was elected to the ASP Board of Examiners. He travels oversees regularly to further his research and development  and  has  instructed  in  America,  Belgium,  Portugal  and  Hong  Kong.  He  has  designed aggression management programs  for health and community  services,  and  personal safety  courses  for civilians. He has consulted to organisations  regarding personal safety for staff in high risk situations, and has  provided  expert  opinion  for  investigations  and  legal  cases  involving  operational use  of force  and training. He is a member of The International Law Enforcement Educators & Trainers Association. Rich can be contacted at rich@moderncombatives.com.au or via www.moderncombatives.com.au

Coreveillance Demonstration

Title: Coreveillance

Scott Robertson, Derek Philipson, Private Investigators, Down Under Security Solutions Pty. Ltd.

Abstract

Down  Under  Security  Solutions  Pty.  Ltd.  are  one  of Australia's  largest  suppliers  of  the  eWitness  head camera  system. With  a  private  investigations  industry  background,  DUSS  are  also  suppliers  of  covert operations  technologies  under  the  Coreveillance  brand.  DUSS  work  closely  with  government,  non-­government  and  industry  stakeholders  within  an Australasian footprint.  ‘Coreveillance’  is  an  emergent service & product supply brand for DUSS.

Biographies

Duss has been operating for 3 and a half years throughout Australia. DUSS also supply to a growing client base in the education and training sectors of Australiasia.

DUSS provide personal overt and covert POV camera systems to Police Departments in 6 states, including the NSW Police Riot Squad and surveillances units in every state, Australian Customs, WA Fisheries,

Department of Defence, Australian Federal Police, numerous councils throughout NSW, Royal Australian Air Force, over 25 private security firms across Australia, Licensed Venues throughout NSW, The Office Of Liquor, Gaming and Racing and many other affiliated organisations.

Scott Robertson served in the RAAF for 5 years as an Avionics Technician, repairing and maintaining F/A 18 Hornet Radar, communications  and operating systems. Roberston then spent another 5 years working at

RAAF bases throughout Australia and the Middle East and was involved in Avionics Update Programs with RAAF F111 Strike Fighter Aircraft and Jaguar Fighter Aircraft in The Sultanate of Oman during the Gulf War.

Robertson  has  13  years  of  covert surveillance  experience  in Australia.  Robertson  is  a  Director of  Down Under Security Solutions Pty. Ltd.

Derek  Philipson  was  employed  by  the Victoria  Police  Force  from  February  1976  until his  resignation in August  1996.  He  performed  surveillance  duties  with  the  Bureau  of Criminal  Intelligence  (State  Crime Surveillance Unit) until 1986 when he was seconded to the National Crime Authority (NCA). At the NCA, he was involved in numerous long term investigations on well known Australian organized crime figures.

In 1993,  Philipson  was  promoted to  Sergeant  at  the  Victoria  Police  Internal Affairs  Department. While attached to  the  Victoria  Police  he  performed  surveillance  activities  whilst working with detectives  and surveillance team members from every Australian State, ASIO and the Australian Federal Police. Philipson has  also  performed  in  duties  as  a  supervisor,  a  surveillance  instructor  and  as  a  general  surveillance investigator. In 1996, he resigned from the Victoria Police and has continued in private investigations since. Philipson  is  a  Director of  Down  Under Security  Solutions  Pty.  Ltd.  and  manager  of his  own  company Philipson Investigations Pty. Ltd.

Uberveillance: Where-­‐Wear & Educative Arrangement

Title

Uberveillance: Where-­‐wear & Educative Arrangement

Mr. Alexander Hayes, PhD Candidate, School of Information Systems & Technology (SISAT) University of Wollongong

Abstract

Point-­‐of-­‐view (POV)  or body-­‐wearable-­‐video (BWV) technologies  are now recognised as a  contemporary (and  in some  cases)  preferred first-­‐person rich  media  source  for educational learning resource  creation, observational  recount  and  'on-­‐the-­‐job'  training  activity.  As  this  practice  promulgates  through  the Australian education & training sector, the intersect between law enforcement, private investigation and the armed services provides educators with salient reasons to critically analyse and determine the impact and implications these technologies are having upon learners, the sector they are employed within and the broader community alike.

What are the benefits / pitfalls that may emerge as these technologies become location enabled, centrally data  managed and  user-­‐identity dependent? Is  there a potential for misuse of the  technology and if so, what are the socio-­‐technical considerations that educational organisations need to make now?

Biography

Alexander Hayes is  Project Officer, Training & Communications, Australian National Data Service (ANDS), Division of Information, Australian National University (ANU), Canberra Australia.

Currently  completing  a  Doctor  of  Philosophy  at  the  University  of  Wollongong  (UOW)  Faculty  of Informatics,  School  of  Information  Systems  &  Technology  (SISAT),  Alexander  has  also  completed undergraduate  degrees  in  Bachelor  of  Arts  (Primary  Education)  at  Edith  Cowan  University,  Western

Australia  followed  by  a  Bachelor  of Arts  (Fine  Art)  Honours  at Curtin University  of Technology,  Perth Western Australia.

Alexander  has  worked  within  the  private,  public  &  community  service  sectors  across  the  primary, secondary,  vocational  training  (VET)  and  tertiary  sectors  in  Australia  and  New  Zealand  as  a  lecturer, teacher, project manager, e-­‐learning facilitator and specialist projects  consultant. He  has  also worked as Education  Officer  in  the  Justice  sector,  Juvenile  Justice  and  the  Department  of  Community  Services (DOCS).    Alexander  is  co-­‐founder  and  Director  of Streamfolio  Pty.  Ltd,  formed  in  2009  to  meet  the growing  demand  for  rich  media  portfolio  applications  that  interface  neatly  with  wearable,  location enabled point-­‐of-­‐view video camera technologies. Hayes is  also ICT Manager and Director of DUSS  Pty. Ltd.  and  co-­‐author  of  uberveillance.com,  a  web  site  he  created  to  openly  aggregate  key  concepts underpinning the emergent concept of Uberveillance.

More information available  at  http:www.ands.org.au (ANDS), http://www.streamfolio.com (Streamfolio) and his personal website at http://www.alexanderhayes.com 

The Impact Of Social Networking and Other Technologies On Covert Policing

Title: The Impact Of Social Networking And Other Technologies On Covert Policing

Professor Nick O’Brien, School of Policing, Charles Sturt University, Canberra Australia

Abstract

Strategies and tactics to deal with organised crime and other serious criminal issues have included the use of undercover officers who  use  an assumed identity.   This  method of operating by  police is  widespread throughout  the  world  and  in Australia  it  has  been  legitimised  by  the  introduction  of various  ‘Assumed Identities’ Acts.

The  last five  years have seen an exponential rise  in the  popularity of online social networking which has included users  posting photographs  of themselves  and other people  on the internet, often ‘tagging’ the photographs with names of the people depicted. This has coincided with an increase in the effectiveness of facial recognition software to the extent that it is included in the standard package of some computers.  At least one brand of computer allows users to log on using facial recognition software.

‘Smart phones’ which allow users to take relatively high resolution pictures  and log onto the internet are also increasingly popular. ‘Cloud computing’ has allowed the ordinary user access to computer power and storage that was previously only available to governments and the military.

The  question  the  researchers  ask  is  ‘will  the  convergence  of social networking  and other technologies make the use of undercover policing redundant as society is rapidly approaching a point where everyone’s true identity can be obtained?’

Biography

Before  joining  Charles  Sturt  University,  Nick  represented  the  UK  Association  of Chief  Police  Officers  -­‐

Terrorism  and Allied  Matters  Committee  (ACPO-­‐TAM)  as  the Counter Terrorism  and  Extremism  Liaison Officer (CTELO) at the British High Commission in Canberra.   Nick covered Australasia and had a ‘watching brief’ on the Asia and the Pacific region.

Prior  to  this  posting  Nick  was  in  charge  of  International  Counter Terrorism  in  Special Branch  at  New Scotland  Yard,  London.    Nick  has  also  represented  the  UK  at  Europol,  the  G8  Counter  Terrorism Practitioners meetings and the European Police Working Group on Terrorism.  Nick first started working in the counter terrorism related area in 1981 and has worked on Irish as well as international terrorism. Nick has  written for various  publications and has appeared on radio and television commentating on terrorist related matters.

Nick is a visiting Fellow at the Jakarta Centre for Law Enforcement Co-­‐operation in Indonesia. He sits  on the Board of Management of the Australian Graduate School of Policing and is an adjunct academic at the Australian National University (ANU).

Observing crowd-­sourced surveillance through the eyes of the German Basic Law

Dr. Saskia Hufnagel, Research Fellow, ARC Centre of Excellence in Policing and Security Griffith University

Title

Observing crowd-­‐sourced surveillance through the eyes of the German Basic Law

Abstract

Article  2 and 1 of the German Basic Law (the German Constitution) guarantee  the right to privacy  for all persons within the German jurisdiction. Personal data is further protected by Article 8 of the Basic Law. In the past 80 years, the right to privacy in the German context has undergone several major shifts. In this time-­‐span Germany  evolved  from  an unjust  surveillance  regime  to  one  of  the  most privacy  protecting systems of the world. While the former East Germany had to experience major state intrusions into privacy until German  unification,  the  development  in  the  West  experienced  periods  of  regression,  particularly triggered by terrorism events during the 1970s and 1980s, and some would claim even quite recently with the 2011 changes to telecommunications interception laws. Notwithstanding these  legal exceptions, the high  level  of  privacy  protection  in  Germany  is  very  apparent  in  the  EU  context  as  many  EU  security initiatives have been significantly slowed down by German privacy concerns. However, even in the German system evidence based on crowd-­‐sourced surveillance could under certain circumstances be admissible. As there  is  no  clear case-­‐law  on  this  issue  yet,  this  presentation examines  the  possibilities  to  use  crowd-­sourced  surveillance  afforded by  German  legislation  and  analyses  related cases  on  the  admissibility  of evidence  sourced  from,  for  example,  private  home  surveillance  cameras,  traffic  cameras,  and  private mobile phones.

Biography

Saskia Hufnagel is a Research Fellow within the 'Vulnerable Infrastructures' Project at CEPS.

Her PhD studies were completed at ANU on the topic ‘Comparison of EU and Australian cross-­‐border law enforcement strategies’. She was previously employed as Assistant Professor at the University of Canberra and taught various courses in the field of comparative, criminal and EU law at the ANU College of Law and the ANU Centre for European Studies. Within the 'Vulnerable Infrastructures' Project her work focuses on comparing legal frameworks in Australia and the EU, particularly in the field of mass gatherings, maritime and aviation security.

She conducts further research in the field of EU and Australian police cooperation and the policing of art crime. Her publications include  ‘Cross-­‐border police  co-­‐operation: Traversing domestic and international frontiers’  (2011)  and  she  co-­‐edited  'Cross-­‐border  Law  Enforcement  -­‐  Regional  Law  Enforcement Cooperation -­‐ European, Australian and Asia-­‐Pacific Perspectives' (2011) Routledge.   Saskia is  a qualified German legal professional and accredited specialist in criminal law.

Australian Interstate Truck Drivers and Global Tracking Systems

Title: Australian Interstate Truck Drivers and Global Tracking Systems: Conversations with Truckies

Dr Jann Karp, Criminology & Sociology, University of New England, Armidale Campus

Abstract

Global  Positioning  Systems  (GPS)  are  operating  extensively  in  the  Australian  trucking  industry.  The satellite dishes connect the moving parts of the truck to the moving driver, to a stationary base.  The truck is followed in real time. The weight of the truck is traced. The driver’s behaviour in terms of speed, stop and start  are  recorded.  Who  is  using  the  records  of  these  movements:  the  driver,  the  companies  and  the regulators? Is  this  a  management tool,  a safety  tool or a  regulatory device? So do we want our workers subjected  to surveillance  in real time? What is  the impact  on these  men’s  working lives?   I interviewed twenty-­‐three drivers in the field while a  passenger en route, and discovered many  complexities  in these men’s  working lives.   Global tracking works  via  satellite link; provides a  management tool for companies and for regulators; but also gives truckies a tool to argue that they are complying with the rules.

Biography

Dr  Jann Karp  retired from the  NSW  Police  in  2007.  She  graduated  with  her  PhD  in the  same  year and published her first book: Corruption and Crisis Control: The Nature of the Game in 2008.

Her second book Conversations with Truckies Looking at Life Through Glass  is currently being considered for publication as a joint project with the Federal Transport Workers Union and Federation Press.

Her third book again will broaden our understanding of Australian workplaces. The title is: Workers in the

21st Century.  Jann is presently a Lecturer with the University of New England in Armidale NSW.

Surveillance, policing and the control of territory

Title: Surveillance, policing and the control of territory

Associate Professor Darren Palmer, School of Humanities & Social Sciences Deakin University, Australian Surveillance Studies

Abstract

This paper seeks to draw upon research into the use of technology in the policing environment as a means to identify key issues  relating to Point of View technologies. The  literature  stems  from two sources. The first concerns recent research with colleagues into the use of ID scanners in the night time economy. I want to  use  this  research  as  part  of  the  framing  of  the  different  perspectives  on  how  we  might  approach consideration of the use of surveillance technology generally. The second literature approaches the nexus between  policing  and  technology  from  a  socio-­‐legal  perspective,  drawing  upon the  broader  literature examining the use technology to govern police practice, and in particular the requirement to record police interviews  with  suspects  (audio  and  where  possible/appropriate  video).  In  this  instance,  the  use  of technology  was  resisted by  police  but  has  now become, at least in Australia, a standard police  practice (though I am not suggesting there aren’t any problems in its use). I want to use this  literature to identify how we  might approach  new technologies, or at least the  adaptation of existing technologies  into new contexts, and the policy and legal developments shaping how POV technology is being used.

Biography

Dr  Darren  Palmer  (BA  Hons,  MA Criminological Studies,  PhD)  is  the  past convenor  of  the  new  major sequence  in Criminology in the  Bachelor of Arts  at Deakin University.  He  has  had  many  years  teaching experience  at  La  Trobe  University  (Law  &  Legal  Studies)and  Deakin  University  (Police  Studies/ Criminology). He  has  taught in  a  range of areas  including criminal justice, criminal law, psychology and crime, policing, and criminology research methods.

He has published widely in a number of areas and is a leading radio and television expert commentator on policing and criminal justice issues. He has published widely in a number of areas and is a leading radio and television expert commentator on policing and criminal justice issues.

His  current  research  interests  include  Policing  and  criminal justice  histories,  the  professionalization  of police practice, Police education, Police memorials, Police pursuits, changing forms of policing and security in  Australia  and  internationally,  the  impact  of  terrorism  on  policing,  Policing  accountability, managerialism, governmentality and prisoner access to tertiary study.

More information on Palmer at http://bit.ly/wmJS3J

Artists’ Survey: On Surveillance

Title: Artists’ Survey: On Surveillance

Mr Tim Burns, Artist, Western Australia

Abstract

This  paper  examines  the  role  of  the  artist  as  a  surveillance  proponent  through  the  history  and development of artistic observation, aspects of control, developments in observational technologies and the  moral  landscapes  that  shape  the  cultural endeavor.   The  core  concerns  the  work  of  the  presenter looking at a selection of his  past works where  the aspects of control have been reversed or the  intended outcomes have been subverted.

'Control controls in order to control', as William Burrough's said. Like it or not, we're all in it for keeps.

Biography

“...Tim Burns is a legendary figure in the history of Australian underground art. He rose to notoriety in the early  1970s  with  a  series  of (literally)  explosive  art  actions,  before  decamping  to  New York, where  he remained,  on and off until the  mid-­‐1990s.  He  now resides on a large  property near the  town of York, in Western  Australia.  Rather  than  identifying  as  a  painter,  filmmaker,  karaoke  videographer,  installation artist, theatre  director or performer (although  he  has  done  all these  and more), Burns  calls  himself “a context artist”. What unites the hugely varied set of projects Burns has worked on over the last forty years is  a  constant  desire  to  set  up  situations  which  critically  reflect  on  our  hypermediated,  industrialised western society. His  interventions are  usually created live, in the public sphere, rather than being quietly crafted in the privacy of a studio setting. More often than not, they result in some sort of dramatic surprise or shift in the participants' attention.”

  Lucas Ihlein (2011) for Artists Profile, Sydney

Recently Tim has been living and teaching film, art and interactive broadcast television in Perth, Western Australia  at Edith Cowan University  and Curtin University  and  is  currently  completing  a  Phd. in Future Filmic discourses, Surveillance and Interactivity at Murdoch University where he has taughtDocumentary and film production. He has an MFA from the University of Western Australia on determinism in the Pintubi community in the Western desert on which he  wrote  a feature  film  script 'The  Stolen Film' with support from Screenwest, the WA state film commission.

His  work  has  been  exhibited  in  numerous  major  shows  and  art  institutions,  worldwide,  including The Beaubourg Paris, ICA  London, ICA Boston,  MOMA New York, The  Hirschorn Museum Washington,   The National Gallery of Victoria, Art Gallery of NSW and South Australia, The National Gallery of Australia and the Sydney Biennale. He is represented in public and private collections internationally.

Growing Gazes: Omniscient, Metaphorical and Reflexive Eyes

Invited Speaker

Title: Growing Gazes : Omniscient, Metaphorical and Reflexive Eyes

Professor David Lyon, Professor of Sociology & Professor of Law, Director of Surveillance Studies Centre, Queens University, Canada

Abstract

Watching  others  is  an  inescapably  cultural  practice  and  beliefs  about  who  may  watch  whom  or  why watching is  worthwhile have been part of that practice throughout history. The following three key types of gaze  have  a  strong relationship with modern surveillance  and each raises ethical and political issues. The omniscient eye started with a secular Enlightenment parody of divine omniscience that privileged the eye,  seen  from  the  Panopticon  to  Total  Information  Awareness. This  gaze  produces  anxiety  because surveillance  ambiguities  are  ironed out in  the relentless  rationality  of the  eye of control. Technical pan-­perception has no place for care, although care  is  evident in much surveillance. The  metaphorical eye  or “seeing with data” exists in modern bureaucracy, through the information state to contemporary database surveillance. This  may  be  considered  in terms  of  disembodied  information on  the  individual  level and biopower in relation to populations. Today, biopower is basic to the  allocation of access to opportunities and rewards. It is surveillance as social sorting. With the  reflexive  eye, the object is also subject, actively participating in surveillance processes. Surveillance  is  seen as  an element in constitution of everyday life; equally,  the  subject produces  surveillance. Social media  are  implicated  but the  reflexive  eye  is not new; previous top-­‐down depictions of surveillance have failed properly to acknowledge the two-­‐way gaze.

Biography

David  Lyon  is  Director,  Surveillance  Studies  Centre,  Queen’s  Research  Chair  in  Surveillance  Studies, Professor of Sociology and Professor of Law at Queen’s University, Kingston, Ontario. From 2008-­‐2010 he held a Killam Research Fellowship from the Canada Council.  In 2007 he received a Lifetime Achievement Award from the American Sociological Association, Communication and Information Technology Section and in 2008 was elected a Fellow of the Royal Society of Canada. He has authored or edited 26 books and published many articles. The books have been translated into 16 languages and articles more.

The  most  recent  sole-­‐authored  books  are  Identifying  Citizens:  ID  Cards  as  Surveillance  (2009)  and Surveillance Studies: An Overview (2007) and the  newest co-­‐edited collections  are Eyes  Everywhere: The Global Growth  of Camera  Surveillance  (2012)  and  the  Handbook  of Surveillance  Studies  (2012).  Liquid Surveillance:  Zygmunt  Bauman  and  David  Lyon  in  Conversation  will  appear  in  2012.  The  Culture  of Surveillance  should  be  published  in  2013.    He  is  on  the  international editorial boards  of a  number  of journals, co-­‐editor of Surveillance and Society and associate editor of The Information Society. He has held visiting  positions  at  universities  in Australia,  England,  France,  India,  Japan,  Mexico,  New  Zealand  and

Scotland.

The Regulation of Location-Aware and POV Surveillance Technologies

Title: The Regulation of Location-­‐Aware and Point-­‐of-­‐View Surveillance Technologies

Professor Roger Clarke, Visiting Professor, School of Computer Science, Australian National University

Abstract

A diverse array of location-­‐aware and point-­‐of-­‐view technologies are proliferating. Each gives rise to data trails  and enables visual surveillance  and/or dataveillance. By combining these trails, and supplementing them  with  results  of  communications  interception, law  enforcement agencies  are  becoming capable  of integrated views  of places  and of people associated with them. Given the substantial powers  that those agencies have, they are in a strong position to use these new sources if intelligence to protect the powerful and  the  unopular,  and  for  crowd  control.  However,  the  new  tools  represent  a  shift  beyond  individual surveillance  technologies  to  a  coordinated  and  integrated  monitoring  complex,  to  which  the  term 'überveillance'  has  been  applied.  Beyond  harming  psychological  and  social  needs  for  privacy,  these developments directly threaten political freedoms. Real-­‐time tracking may enhance the capabilities of law enforcement agencies  to the point that demonstrations are still-­‐born and hence 'civil resistance is futile'. Retrospective  tracking can become  a suspicion-­‐generator, and a  means of mapping social networks in a way  that 'consorting squads'  and undercover operatives  could never achieve. These technologies  lay the foundation for a  semi-­‐automated form of chilling effect on political action, political speech and political thought.  A  review  of  current  regulatory  controls  on  these  technologies  highlights  their  impotence. A framework for regulation is suggested. The threats are severe, and there is an urgent need for democracies to impose tight controls on their increasingly intrusive and powerful law enforcement agencies.

Biography

Professor Roger Clarke is Principal of Xamax Consultancy Pty Ltd, Canberra. He is also a Visiting Professor in  the  Cyberspace  Law  &  Policy  Centre  at  the  UNSW,  and  a  Visiting  Professor  in  the  Department  of Computer Science at the Australian National University. He was for a  decade  the Chair of the Economic Legal and Social Implications Committee of the Australian Computer Society, and spent some time as the

ACS Director of Community Affairs.

He holds degrees from UNSW and ANU, and has been a Fellow of the ACS since 1986. He is a longstanding

Board member of both the Australian Privacy Foundation (APF) and Privacy International, and Chair of APF 2006-­‐10.  His resources site, which has accumulated 35 million hits, is at http://www.rogerclarke.com.

Workshop Closing Address

Workshop Closing Address

Professor Andrew Goldsmith, Professor of Law, Executive Director, Centre for Transnational Crime Prevention University of Wollongong

Biography

Andrew Goldsmith is Executive Director, Centre for Transnational Crime Prevention, and Professor of Law, University  of Wollongong, NSW, Australia  and Adjunct Professor  of Law and Criminal Justice, Flinders University, Adelaide, Australia. He holds degrees in law, criminology and sociology, and has practised law in South Australia and Victoria. 

He  has  a longstanding interest in police governance and accountability, and has  published extensively in this area, including two books on civilian oversight of policing.  In 2010, he established the Integrity Studies program at the University of Wollongong. In November 2011, he was the keynote speaker at the Australian Public Sector Anti-­‐Corruption Conference in Fremantle, Western Australia.

Among his current research interests is the significance of social media for public sector accountability and particularly police accountability.

He can be reached at Andrew.Goldsmith@uow.edu.au. More information available at http://ctcp.uow.edu.au/index.html