Public/Private Spaces: Notes on a lecture

The class today was entitled Public/Private Spaces: Pulling things together, and had the idea of summing up the physical city part of the Civic Media course.

But before we could even go forward I needed to add an update to the earlier lectures on racial segregation. The article The Average White American’s Social Network is 1% Black is fascinating and not a little sad because of its implications.

In the meantime, whites may be genuinely naive about what it’s like to be black in America because many of them don’t know any black people.  According to the survey, the average white American’s social network is only 1% black. Three-quarters of white Americans haven’t had a meaningful conversation with a single non-white person in the last six months.

The actual beginning of class was a response to the students assignment to present three arguments for and three arguments against the Internet as a Human Right. In order to locate the discussion in the context of human rights I spoke of Athenian democracy and the death of Socrates, and the progression from natural rights to convention based rights. The purpose was both to show some progression in rights development – but also to show that rights are not linear and indeed contain exceptions from those the words imply. The American Declaration of Independence (1776) talks of all men

We hold these truths to be self-evident; that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

but we know that this was not true. Athenian democracy included “all” people with the exception of slaves, foreigners and women. So we must see rights for what they are without mythologizing their power.

In addition they cannot seen in isolation. For example the Declaration of the Rights of Man and of the Citizen (1789) came as a result of the French Revolution include many ideas that appear in similar rights documents

  • Men are born and remain free and equal in rights.
  • Liberty consists in the freedom to do everything which injures no one else.
  • Law is the expression of the general will
  • No punishment without law
  • Presumtion of innocence
  • Free opinions, speech & communication

The similarities are unsurprising as they emerge from international discussions on the value of individuals and a new level of thought appearing about where political power should lie.

The discussion then moved to the concept of free speech and the modern day attempts to limit speech by using the concept of civility, and interesting example of this is explained in the article Free speech, ‘civility,’ and how universities are getting them mixed up

When someone in power praises the principle of free speech, it’s wise to be on the lookout for weasel words. The phrase “I favor constructive criticism,” is weaseling. So is, “You can express your views as long as they’re respectful.” In those examples, “constructive” and “respectful” are modifiers concealing that the speaker really doesn’t favor free speech at all.

Free speech is there to protect speech we do not like to hear. We do not need protection from the nice things in life. Offending people may be a bi-product of free speech, but a bi-product that we must accept if we are to support free speech. Stephen Fry states it wonderfully:

fryAt this point we returned to the discussion of private/public spaces in the city and how these may be used. We have up until this point covered many of the major points and now it was time to move on to the more vague uses. Using Democracy and Public Space: The Physical Sites of Democratic Performance by John Parkinson we can define public as

1.Freely accessible places where ‘everything that happens can be observed by anyone’, where strangers are encountered whether one wants to or not, because everyone has free right of entry

2.Places where the spotlight of ‘publicity’ shines, and so might not just be public squares and market places, but political debating chambers where the right of physical access is limited but informational access is not.

3.‘common goods’ like clean air and water, public transport, and so on; as well as more particular concerns like crime or the raising of children that vary in their content over time and space, depending on the current state of a particular society’s value judgments.

4.Things which are owned by the state or the people in and paid for out of collective resources like taxes: government buildings, national parks in most countries, military bases and equipment, and so on.

and we can define private as:

1.Places that are not freely accessible, and have controllers who limit access to or use of that space.

2.Things that primarily concern individuals and not collectives

3.Things and places that are individually owned, including things that are cognitively ‘our own’, like our thoughts, goals, emotions, spirituality, preferences, and so on

In the discussion of Spaces we needed to get into the concept of The Tragedy of the Commons (Hardin 1968) which states that individuals all act out of self-interest and any space that isn’t regulated through private property is lost forever. This ideology has grown to mythological proportions and it was very nice to be able to use Nobel prize winning economist Elinor Ostrom to critique it:

The lack of human element in the economists assumptions are glaring but still the myth persists that common goods are not possible to sustain and that government regulation will fail. All that remains is private property. In order to have a more interesting discussion on common goods I introduced David Bollier

A commons arises whenever a given community decides that it wishes to manage a resource in a collective manner, with a special regard for equitable access, use and sustainability. It is a social form that has long lived in the shadows of our market culture, but which is now on the rise

We will be getting back to his work later in the course.

In closing I wanted to continue the problematizing the public/private discussion – in particular the concepts of private spaces in public and public spaces in private. In order to illustrate this we looked at these photos:

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Just a Kiss by Shutterpal CC BY NC SA

The outdoor kiss is an intensely private moment and it has at different times and places been regulated in different manners. The use of headphones and dark glasses is also a way in which private space can be enhanced in public. These spaces are all around us and form a kind of privacy in public.

The study of these spaces is known as Proxemics: the study of nonverbal communication which Wikipedia defines as:

Prominent other subcategories include haptics (touch), kinesics (body movement), vocalics (paralanguage), and chronemics (structure of time). Proxemics can be defined as “the interrelated observations and theories of man’s use of space as a specialized elaboration of culture”. Edward T. Hall, the cultural anthropologist who coined the term in 1963, emphasized the impact of proxemic behavior (the use of space) on interpersonal communication. Hall believed that the value in studying proxemics comes from its applicability in evaluating not only the way people interact with others in daily life, but also “the organization of space in [their] houses and buildings, and ultimately the layout of [their] towns.

The discussions we have been having thus far have been about cities and the access and use of cities. How control has come about and who has the ability and power to input and change things in the city. Basically the “correct” and “incorrect” use of the technology. Since we are moving on to the public/private abilities inside our technology I wanted to show that we are more and more creating private bubbles in public via technology (our headphones and screens for example) and also bringing the public domain into our own spaces via, for example, Facebook and social networking.

We ended the class with a discussion on whether Facebook is a public or private space? If it is a private space what does it mean in relation to law enforcement and governmental bodies? If it is a public space when is it too far to stalk people? And finally what is the responsibility of the platform provider in relation to the digital space as public or private space?

here are the slides I used:

Torture Established

CNN reports that the organization Physicians for Human Rights have conducted clinical evaluations of 11 former detainees from the Abu Ghraib prison in Iraq, at Guantanamo Bay, Cuba, and in Afghanistan. The report from Physicians for Human Rights shows that the prisoners have been tortured

“We found clear physical and psychological evidence of torture and abuse, often causing lasting suffering,” said Dr. Allen Keller, a medical evaluator for the study.

In a 121-page report, the doctors’ group said that it uncovered medical evidence of torture, including beatings, electric shock, sleep deprivation, sexual humiliation, sodomy and scores of other abuses.

The report is prefaced by retired U.S. Major Gen. Antonio Taguba, who led the Army’s investigation into the Abu Ghraib prisoner abuse scandal in 2003. “There is no longer any doubt that the current administration committed war crimes,” Taguba says. “The only question is whether those who ordered torture will be held to account.”

The rights group demands:

• “Repudiate all forms of torture and cruel, inhuman or degrading treatment”;

• Establish an independent commission to investigate and report publicly the circumstances of detention and interrogation at U.S.-run prisons in Afghanistan, Iraq and Guantanamo Bay;

• Hold individuals involved in torturing detainees accountable through criminal and civil processes; and

• Monitor thoroughly the conditions at U.S.-run prisons all over the world.

Data retention is pointless violation

Not only is data retention a potential violation of civil liberties but it now may turn out to be pointless according to the Max-Planck-Institute for Criminal Law. (via Gisle Hannemyr)

A report (PDF) from Max-Planck-Instituts für Strafrecht about data rentention was recently featured in Heise.de and the online edition of Der Spiegel. Below is a summary in English.

According to the study, the logging and retention of certain telecomminications traffic data for six months that was made compulsory in Germany in January 2008 will only have mariginal effect and traffic data will be of use in as little as 0.002 % of the total number of criminal cases. This is within the marigin of statistical error and the annual variation in criminal cases solved is one hundered times greater.

This finding corresponds to estimates from Bundeskriminalamts, who in a separate study from the summer of 2007 says that data retention will incease the percentage of solved crimes “from 55 percent today to, at most, 55.006 percent.”

The Max-Planck study also shows an exponential increase in use of traffic data by law enforcement, from 5000 queries in year 2000 to about 41000 in the year 2005 (see summary and figures on pages 77, 90, and 402 in the report). In Bayern traffic data queries increased by 60 percent from 2006 to 2007 according to this report.

With respect to types of crime, 50 percent of IP-address queries concerns fraud and 25 percent concerns copyright violations. The argument that traffic data are needed to prevent terrorism is not supported by the statistics.

The study also warns about dangers from abuse due to unauthorized access to the stored data by inside or outside agents at well as the potential to use such data for “strategic surveillance” of large segments of the population.

Are we secure yet?

Thankfully the term “war on terrorism” seems to have fallen out of fashion. Unfortunately the threat of terrorism is being used to systematically and creatively remove civil liberties. At some point a society must ask itself if the security needed to prevent terrorism is in itself an act of terrorism and repression.

Unfortunately all the silliness is not confined to high government (even though a lot of the silliness originates from there). In times of tension the wacko’s, weirdo’s and sociopaths step forward and fill the lower levels of the security system. These are the working stiffs in the security system. Heady with power and filled with self importance they are responsible for degrading ordinary people all in the name of terrorism and security. In reality it’s all for their own little ego’s.

You think I may be exaggerating?  Then give me some better explanations for these:

A man trying to fly British Airways to Dusseldorf was told that he could not board the plane wearing the t-shirt he had on. The offending t-shirt had a picture of Megatron (a 40 foot tall cartoon robot with a gun as an arm).

In Canada (Kelowna Airport, British Columbia) a PhD student was not allowed to board the plane because she wore a necklace with a pendant in the shape of a gun (a silver classic Colt45, under two inches in length with no moving parts) story and photo here.

A classic example of misguided airport security in relation to clothes is Raed Jarrar’s experience at JFK where he was forced to take off a shirt with Arabic writing on it or miss his flight; new BBC article. The story upset many people but inspired some: You can now buy t-shirts from Casual Disobedience with text “I am not a terrorist” in Arabic. I bought one and it is among my favorites.

Another classic is when John Gilmore was refused carriage by British Airways recently for declining to take off a button that read “Suspected Terrorist”.

These are only examples relating to clothes or jewelry in relation to airport security – there are plenty of stories of offending clothing (political, not sexual) that have got people detained or arrested. I think I need to develop this into a full length article…

Prosectution for calling Scientologi a cult

In Sweden politicians often complain that the young are not politically active – this is just wrong and reflects the way in which acceptable political action is defined. Bu this is not really the purpose of this post.

A 15-year-old was taking part in a peaceful protest against Scientology when a policewoman told him to stop holding up a sign he had made with a text describing Scientology as a cult. The policewoman quoted from section five of the Public Order Act which prohibits signs which have representations or words which are threatening, abusive or insulting.

Apparently the teenager refused and referred to a 1984 high court ruling which described Scientology as a “cult” which was “corrupt, sinister and dangerous”. This act of civil courage ended when the policewoman removed his sign and handed him a court summons.

read full article in the Guardian.

Swedish moves against P2P

In an effort to come to terms with online copyright violation the Swedish government has decided to allow courts the power to force Internet providers to reveal the physical identity of those IP addresses involved in illegal file sharing. Previously this was thought to be a move that would go to far and diminish the integrity of Internet users.

This move is an attempt to decrease the need for police involvement since the only previous recourse for the copyright holder was to report the matter to the police. Now the move will towards civil action.

On the other hand the government has decided against the suggestion of the Renfors investigation (Renforsutredningen) which means that they will not allow Internet providers to terminate the accounts of users involved in illegal file sharing. I have written about the stupidity of these types of suggestions earlier (here) so I am glad that this proposal was not followed.

Sports, Politics and Resistance

Tommie Smith was the winner of the 200-meter dash at the 1968 Summer Olympics in Mexico. His teammate John Carlos came third.

carlos-smith.jpg

“The two American athletes received their medals shoeless, but wearing black socks, to represent black poverty…” Both the americans and the silver medalist wore Olympic Project for Human Rights (OPHR) badges. “Carlos had forgotten his black gloves, but Norman suggested that they share Smith’s pair, with Smith wearing the right glove and Carlos the left. When “The Star-Spangled Banner” played, Smith and Carlos delivered the salute with heads bowed, a gesture which became front page news around the world. As they left the podium they were booed by the crowd.” Wikipedia

This is a classic image in symbolic resistance which has been an inspiration to all those who struggle.

The coming Chinese Olympics have already been the target of political campaigns. The Chinese civil rights record is a natural target for acts of civil disobedience – whether symbolic or not.

In order to prevent any such things the British Olympic chiefs are going to force athletes to sign a contract promising not to speak out about China’s appalling human rights record – or face being banned from traveling to Beijing. (Daily Mail)

OK, so maybe there cannot be any official positions taken from the participating countries but to prevent individuals from protesting is going to far. The Chinese naturally see the Olympics as a perfect opportunity to present their position and of course this has not gone unopposed – for example AOL video, RSF, and Yahoo.

Resistance Technology Seminar

On Thursday next week (14/2) I will be holding a seminar on technology and resistance. The goal of this seminar is to develop my material which will be included as a book chapter in an upcoming work. Here is an abstract:

The purpose of this chapter is to look at the ways in which technology can be used in civil disobedience. The chapter will analyze the legal weaknesses faced by those wishing to conduct acts of civil disobedience using the Internet as a communications infrastructure. This approach is often referred to as functional equivalence and this chapter will address the following questions. What is functional equivalence? What obstacles are faced by disobedience online? Is the Internet failing as an infrastructure of democratic disobedience?

The background material for the seminar is available here. It is based upon my thesis which is available online from here.

Time: 15.15-17.00 (we usually go get a beer afterwards)
Place: the Annedalsseminariet, Konstepidemins väg 2, room 325

The Mexican Suitcase

A cultural treasure referred to as “the Mexican suitcase” lost for fifty years, the legendary Robert Capra, a train station in 1922, the Spanish Civil War, Mexican diplomats, Mexico City… It all sounds like a spy novel but the lost negatives of Robert Capra have resurfaced.

 frank-capra.jpg

Wikipedia & Defamation

The Wikipedia Foundation was being sued by three French nationals for invasion of privacy and defamation after a wikipedia page identified them as being gay activists. The French judge Emmanuel Binoche dismissed the case, stating that wikipedia was not responsible for information introduced onto its Web site and stated that web site hosts are not legally bound to monitor information stored on their websites.

In the written ruling Binoche writes: “Web site hosts cannot be liable under civil law because of information stored on them if they do not in fact know of their illicit nature”

This position is in line with the accepted approach to ISP liability. Gavin Sutter has written extensively on this topic see for example Gavin Sutter (2003) FE/HE Institutions and Liability for Third Party Provided Content.

(via Slashdot)