Title: The Regulation of Location-‐Aware and Point-‐of-‐View Surveillance Technologies
Professor Roger Clarke, Visiting Professor, School of Computer Science, Australian National University
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.
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.