WEBVTT 00:00:00.000 --> 00:00:14.488 34C3 preroll music 00:00:14.488 --> 00:00:19.939 Herald angel: Today two people from privacy international, one is Eva Blum--Dumontet 00:00:19.939 --> 00:00:25.349 she's a research officer working on data exploitation especially in the global 00:00:25.349 --> 00:00:34.750 south and Millie Wood who's a lawyer and is fighting against spy agencies and 00:00:34.750 --> 00:00:41.070 before that she fought seven years against police cases and they're gonna be talking 00:00:41.070 --> 00:00:46.340 about policing in the the age of data exploitation. Give them a warm welcome. 00:00:46.340 --> 00:00:55.242 Applause 00:00:55.242 --> 00:00:58.440 Millie Wood: Hi I'm Millie as was just said I've been 00:00:58.440 --> 00:01:02.440 at privacy international for two years working as a lawyer before that I spent 00:01:02.440 --> 00:01:08.320 seven years bringing cases against the police and what increasingly concerns me 00:01:08.320 --> 00:01:14.130 based on these experiences is a lack of understanding of what tactics are being 00:01:14.130 --> 00:01:21.000 used by the police today and what legal basis they are doing this on. The lack of 00:01:21.000 --> 00:01:26.780 transparency undermines the ability of activists lawyers and technologists to 00:01:26.780 --> 00:01:31.479 challenge the police tactics and whilst I'm sure a lot of you have a broad 00:01:31.479 --> 00:01:36.990 awareness of the technology that the police can use I don't think this is 00:01:36.990 --> 00:01:43.390 enough and we need to know what specific police forces are using against 00:01:43.390 --> 00:01:50.479 individuals. The reason why is that when you're arrested you need to know what 00:01:50.479 --> 00:01:56.810 disclosure to ask for in order to prove your innocence. Your lawyers need to know 00:01:56.810 --> 00:02:03.010 what expert evidence to ask for in order to defend their client. And increasingly 00:02:03.010 --> 00:02:08.949 as there are invisible ways or seemingly invisible for the police to monitor a scale 00:02:08.949 --> 00:02:14.010 we need to know that there are effective legal safeguards. Now those who are 00:02:14.010 --> 00:02:20.720 affected are not just the guilty or those who understand technology they include 00:02:20.720 --> 00:02:29.730 pensioners such as John Cat a 90 year old man who's a peace protester and he's a 00:02:29.730 --> 00:02:36.260 law-abiding citizen no criminal record and yet he is on the UK domestic extremism 00:02:36.260 --> 00:02:42.980 database and listed here are some of the entries: He took his sketchpad and made 00:02:42.980 --> 00:02:50.220 drawings, he's clean shaven, and he was holding a board with orange people on it. 00:02:50.220 --> 00:02:56.020 So this is the kind of people that they are surveilling. John's case exposes 00:02:56.020 --> 00:03:03.800 unlawful actions by the police but these actions date back to 2005 to 2009 as far 00:03:03.800 --> 00:03:10.170 as I'm aware there are no cases challenging modern police tactics and 00:03:10.170 --> 00:03:14.879 privacy international in the UK and with our partners throughout the world are 00:03:14.879 --> 00:03:20.520 increasingly concerned at the pace this is developing unobstructed because people 00:03:20.520 --> 00:03:28.480 don't know what's going on, and so we've started in the UK to try and uncover some 00:03:28.480 --> 00:03:34.180 of the police tactics using Freedom of Information requests. These laws should be 00:03:34.180 --> 00:03:39.480 available throughout Europe and we want to make similar requests in other countries 00:03:39.480 --> 00:03:44.450 hopefully with some of you. So now I'm going to hand over to my colleague Eva who 00:03:44.450 --> 00:03:47.860 will talk a bit about privacy international, some of the tactics we know 00:03:47.860 --> 00:03:52.030 the police are using, and then we'll speak about some of the things that we found out 00:03:52.030 --> 00:03:54.570 through our initial research. 00:03:54.570 --> 00:03:59.530 Applause 00:03:59.530 --> 00:04:02.919 Thank you so, I'm just going to tell you a little bit more about Privacy 00:04:02.919 --> 00:04:07.150 International for those of you who don't know this organization. We are based in 00:04:07.150 --> 00:04:11.470 London and we fight against surveillance and defend the right to privacy across the 00:04:11.470 --> 00:04:15.519 world. Basically, essentially what we're doing is that we do litigation, we conduct 00:04:15.519 --> 00:04:21.350 research, and we carry out advocacy including at the United Nations, we 00:04:21.350 --> 00:04:26.830 develop policies on issues that are defining modern rights. Now, our work 00:04:26.830 --> 00:04:30.900 ranges from litigations against intelligence services to a wide range of 00:04:30.900 --> 00:04:36.880 reports on issues such as connected cars, smart cities, and FinTech. We've recently 00:04:36.880 --> 00:04:41.610 published an investigation on the role of companies like Cambridge Analytica and 00:04:41.610 --> 00:04:47.990 Harris Media and their role in the latest Kenyan elections. With our network of 00:04:47.990 --> 00:04:52.471 partner organisations across the world we advocate for stronger privacy protection 00:04:52.471 --> 00:04:59.161 in the law and technology and stronger safeguards against surveillance. Now we 00:04:59.161 --> 00:05:04.080 talk about data exploitation and it's actually the title of the talk so what do 00:05:04.080 --> 00:05:10.380 we mean by that? The concept of data exploitation emerges from our concerns 00:05:10.380 --> 00:05:15.720 that the industry and governments are building a world that prioritize the 00:05:15.720 --> 00:05:22.650 exploitation of all data. We observe three prevailing trends in data exploitation. 00:05:22.650 --> 00:05:28.000 One is the excessive data that's generated beyond our control. The second one is the 00:05:28.000 --> 00:05:34.139 fact that this data is processed in a way we cannot understand or influence and the 00:05:34.139 --> 00:05:39.530 lack of transparency around it. The last one is, that at the moment this data is 00:05:39.530 --> 00:05:44.690 used to disadvantage us the ones who are producing this data and it's further 00:05:44.690 --> 00:05:51.270 empowering the already powerful. We hardly control the data anymore that's generated 00:05:51.270 --> 00:05:55.290 from phones or in our computers, but now in the world we live in data just don't 00:05:55.290 --> 00:06:00.130 come just from our phones or computers. It comes from the cars we're driving, it 00:06:00.130 --> 00:06:05.970 comes from our payment systems, from the cities we live in. This is all generating 00:06:05.970 --> 00:06:12.770 data and this data is used by other entities to make assumptions about us and 00:06:12.770 --> 00:06:18.450 take decisions that eventually influence our lives. Are we entitled to a loan? Do 00:06:18.450 --> 00:06:25.060 we qualify for affordable insurance? Should we be sent to jail or set free? Who 00:06:25.060 --> 00:06:31.130 should be arrested? This is at the core of the world that we're building around data 00:06:31.130 --> 00:06:37.630 exploitation. The question of power imbalance between those who have the data 00:06:37.630 --> 00:06:42.490 and who gets to make decisions based on this data and those who are producing the 00:06:42.490 --> 00:06:50.180 data and losing control over it. Now what is policing have to do with data, what 00:06:50.180 --> 00:06:57.020 does data exploitation have to do with policing? The police has always been 00:06:57.020 --> 00:07:04.620 actually using data in the past. To give you one example in 1980 a transit police 00:07:04.620 --> 00:07:10.530 officer named Jack Maple, developed a project called chart of the future, this 00:07:10.530 --> 00:07:16.479 is how he described it: "I call them the chart of the future. On 55 feet of wall 00:07:16.479 --> 00:07:20.740 space, I mapped every train station in New York City and every train. Then I used 00:07:20.740 --> 00:07:25.340 crayons to mark every violent crime, robbery, and grand larceny that occurred. 00:07:25.340 --> 00:07:33.250 I mapped the solved versus the unsolved". Now the system was used by the Transit 00:07:33.250 --> 00:07:41.110 Police and it was credited with reducing felonies by 27% and robberies by 1/3 00:07:41.110 --> 00:07:50.280 between 1990 and 1992. So this generated a lot of interest in his projects and former 00:07:50.280 --> 00:07:56.039 New York Mayor Rudolph Giuliani asked the New York police department to essentially 00:07:56.039 --> 00:08:02.479 take up chart of the future and develop their own project. It became CompStat. 00:08:02.479 --> 00:08:10.360 CompStat was again essentially about mapping crime to try and make assumptions 00:08:10.360 --> 00:08:19.360 about where crime wars are happening. So this kind of shows the building of this 00:08:19.360 --> 00:08:25.570 narrative around this idea that the more data you have, the more data you generate, 00:08:25.570 --> 00:08:31.780 the better you will be at reducing crime. Now it becomes interesting in the world we 00:08:31.780 --> 00:08:36.379 live in that we describe, where we are constantly generating data, often without 00:08:36.379 --> 00:08:42.059 the consent or even the knowledge of those who are producing this data. So there are 00:08:42.059 --> 00:08:48.339 new questions to be asked: What data is the police entitled to access? What can 00:08:48.339 --> 00:08:54.490 they do with it? Are we all becoming suspects by default? One of the key 00:08:54.490 --> 00:09:00.449 elements of the intersection between data exploitation and policing is the question 00:09:00.449 --> 00:09:06.119 of smart cities. It's worth bearing in mind that data-driven policing is often 00:09:06.119 --> 00:09:12.029 referred to as smart policing, so obviously the word smart has been used generally in 00:09:12.029 --> 00:09:17.699 a generic manner by various industry to kind of describe this trend of using mass 00:09:17.699 --> 00:09:26.689 data collection in order to provide new services. But there is actually a real and 00:09:26.689 --> 00:09:34.670 genuine connection between smart cities and data-driven policing. The first reason 00:09:34.670 --> 00:09:43.709 for that is that actually one of the main reasons for cities to invest in smart city 00:09:43.709 --> 00:09:48.910 infrastructure is actually the question of security. This is something we've explored 00:09:48.910 --> 00:09:54.320 in our latest report on smart cities and this is emerging also from the work we're 00:09:54.320 --> 00:10:00.890 doing other organizations including coding rights in Brazil and DRF in Pakistan. So 00:10:00.890 --> 00:10:06.009 actually Brazil is an interesting example, because before the mega events they 00:10:06.009 --> 00:10:10.350 started organizing like the football World Cup and the Olympics they invested 00:10:10.350 --> 00:10:16.850 massively in smart city infrastructure. Including projects with IBM and precisely 00:10:16.850 --> 00:10:20.250 the purpose of what they were trying to achieve with their smart city 00:10:20.250 --> 00:10:25.850 infrastructure, was making the city safer so it was extremely strongly connected 00:10:25.850 --> 00:10:32.420 with the police. So this is a picture for example of the control room that 00:10:32.420 --> 00:10:39.109 was built to control CCTV cameras and to create graphs in order to showcase where 00:10:39.109 --> 00:10:45.860 crime was happening and also in a way the likeliness of natural disasters in some 00:10:45.860 --> 00:10:51.649 areas. In Pakistan there is a whole new program on investment of smart cities, 00:10:51.649 --> 00:10:58.799 which is actually referred to as the safe city project. Now companies understand 00:10:58.799 --> 00:11:05.249 that very well and this is actually an image from an IBM presentation describing 00:11:05.249 --> 00:11:11.189 their vision of smart cities. And as you see like policing that is very much 00:11:11.189 --> 00:11:16.790 integrated into their vision, their heavily centralized vision of what smart 00:11:16.790 --> 00:11:22.829 cities are. So that's no wonder that companies that offer smart city 00:11:22.829 --> 00:11:28.379 infrastructure are actually now also offering a platform for policing. So those 00:11:28.379 --> 00:11:34.820 companies include IBM as I mentioned but also Oracle and Microsoft. We see in many 00:11:34.820 --> 00:11:39.600 countries including the UK where we based some pressure on budgets and budget 00:11:39.600 --> 00:11:44.379 reductions for the police and so there is a very strong appeal with this narrative, 00:11:44.379 --> 00:11:51.120 that you can purchase platform you can gather more data that will help you do 00:11:51.120 --> 00:11:58.109 policing in less time and do it more efficiently. But little thought is given 00:11:58.109 --> 00:12:03.230 to the impact on society, or right to privacy and what happens if someone 00:12:03.230 --> 00:12:13.439 unexpected take the reins of power. Now we're gonna briefly explain what data- 00:12:13.439 --> 00:12:20.499 driven policing looks like, and eventually Millie will look at our findings. So 00:12:20.499 --> 00:12:26.339 the first thing I wanted to discuss is actually predictive policing, because 00:12:26.339 --> 00:12:30.740 that's often something we think of and talked about when we think about data- 00:12:30.740 --> 00:12:37.759 driven policing. I mentioned CompStat before and essentially predictive policing 00:12:37.759 --> 00:12:43.319 works on a similar premise. The idea is that if you map where crime happens you 00:12:43.319 --> 00:12:50.859 can eventually guess where the next crime will happen. So the key player in 00:12:50.859 --> 00:12:54.989 predictive policing is this company called PREDPOL, I mean I think they describe 00:12:54.989 --> 00:12:58.230 pretty much what they do, they use artificial intelligence to help you 00:12:58.230 --> 00:13:06.249 prevent crime, right, predicting when and where crime will most likely occur. Now 00:13:06.249 --> 00:13:10.929 PREDPOL and other companies using something called a Hawkes process that's 00:13:10.929 --> 00:13:17.019 used normally for the prediction of earthquake tremors, so what Hawkes 00:13:17.019 --> 00:13:23.269 originally did is that he was analyzing how after an earthquake you have after 00:13:23.269 --> 00:13:28.660 shakes and usually the after shakes tend to happen where the original earthquake 00:13:28.660 --> 00:13:35.940 happened and in a short period of time after that. So the Hawkes process basically 00:13:35.940 --> 00:13:40.910 is described as when a certain event happens, other events of the same kind will 00:13:40.910 --> 00:13:45.470 happen shortly after in the same in the same location. Now obviously it actually 00:13:45.470 --> 00:13:50.790 works quite well for earthquakes, whether it works for crime is a lot more 00:13:50.790 --> 00:13:56.290 questionable. But that's actually the premise on which companies that 00:13:56.290 --> 00:14:02.119 are offering predictive policing services are relying. So basically applied to 00:14:02.119 --> 00:14:08.730 predictive policing the mantra is monitoring data on places where crime is 00:14:08.730 --> 00:14:13.309 happening you can identify geographic hotspots where crime will most likely 00:14:13.309 --> 00:14:20.819 happen again. Now other companies than PREDPOL are joining in and they are adding 00:14:20.819 --> 00:14:26.259 more data than just simply location of past crimes. So this data has included 00:14:26.259 --> 00:14:30.629 open source intelligence and we talked a little bit more about this later on. 00:14:30.629 --> 00:14:35.699 Weather report, census data, the location of key landmarks like bars, churches, 00:14:35.699 --> 00:14:40.089 schools, data sporting events, and moon phases. I'm not quite sure what they're 00:14:40.089 --> 00:14:50.209 doing with moon phases but somehow that's something they're using. When predictive 00:14:50.209 --> 00:14:56.179 policing first sort of emerged one of the the key concerns was whether our world was 00:14:56.179 --> 00:15:00.999 going to be turning into a Minority Report kind of scenario where people are arrested 00:15:00.999 --> 00:15:05.490 before a crime is even committed and companies like PREDPOL were quick to 00:15:05.490 --> 00:15:10.199 reassure people and say that do not concern about who will commit crime but 00:15:10.199 --> 00:15:15.800 where crimes are happening. Now that's not actually true because in fact at the 00:15:15.800 --> 00:15:21.100 moment we see several programs emerging especially in the US, where police 00:15:21.100 --> 00:15:25.509 departments are concerned not so much with where crimes are happening, but who's 00:15:25.509 --> 00:15:30.920 committing it.,So I'm gonna talk about two example of this: One is the Kansas City No 00:15:30.920 --> 00:15:37.850 Violence Alliance, which is a program laid by the local police to identify who will 00:15:37.850 --> 00:15:42.579 become the next criminal - basically - and they're using an algorithm that combines 00:15:42.579 --> 00:15:48.189 data from traditional policing as well as social media intelligence and information 00:15:48.189 --> 00:15:53.569 that they have on drug use, based on this they create graphics generated using 00:15:53.569 --> 00:16:01.609 predictive policing to show how certain people are connected to already convicted 00:16:01.609 --> 00:16:06.169 criminals and gang members. Once they've identified these people they request 00:16:06.169 --> 00:16:11.479 meeting with them whether they've committed crimes or not in the past. And 00:16:11.479 --> 00:16:16.420 they would have a discussion about their connection to those convicted criminals 00:16:16.420 --> 00:16:21.910 and gang members and what they tell them is that they are warned that if a crime 00:16:21.910 --> 00:16:27.109 next happened within their network of people every person connected to this 00:16:27.109 --> 00:16:33.319 network will be arrested whether or not they were actually involved in the crime 00:16:33.319 --> 00:16:38.379 being committed. Now there are actually dozens of police departments that are 00:16:38.379 --> 00:16:46.100 using similar programs. The Chicago Police Department has an index of the 400 people 00:16:46.100 --> 00:16:50.359 most likely to be involved in violent crimes. That sounds like a BuzzFeed 00:16:50.359 --> 00:16:56.389 article but actually there is a reality which is extremely concerning, because 00:16:56.389 --> 00:17:02.069 those people who are in this list are for the most part not actual criminals, they 00:17:02.069 --> 00:17:08.019 are purely seen to be connected to people who've committed crime. So if your next- 00:17:08.019 --> 00:17:16.679 door neighbor is a criminal then you may well find your name on that list. Now 00:17:16.679 --> 00:17:21.480 predictive policing is deceptive and problematic for several reasons: First of 00:17:21.480 --> 00:17:26.519 all there's the question of the presumption of innocence. In a world where 00:17:26.519 --> 00:17:32.519 even before you commit a crime you can find your name on that list or be called 00:17:32.519 --> 00:17:37.899 by the police - you know - what happens to this very basis of democracy which is the 00:17:37.899 --> 00:17:42.529 presumption of the of innocence. But also there's the other question of like can we 00:17:42.529 --> 00:17:47.720 really use the math that was originally designed for earthquakes and apply to 00:17:47.720 --> 00:17:53.049 human beings because human beings don't work like earthquakes. They have their own 00:17:53.049 --> 00:17:59.870 set of biases and the biases start with how we collect the data. For 00:17:59.870 --> 00:18:07.640 example, if the police is more likely to police areas where there is minorities, 00:18:07.640 --> 00:18:11.769 people of color, then obviously the data they will have will be disproportionately 00:18:11.769 --> 00:18:18.490 higher on persons of color. Likewise if they are unlikely to investigate white- 00:18:18.490 --> 00:18:24.200 collar crime they will be unlikely to have data that are reflecting a reality where 00:18:24.200 --> 00:18:29.040 crime also happens in wealthier areas. So basically we are inputting biased datasets 00:18:29.040 --> 00:18:35.030 that obviously will lead to biased results. And what these biased results 00:18:35.030 --> 00:18:41.600 mean is that it will continue the already existing trend of over policing 00:18:41.600 --> 00:18:48.440 communities of color and low-income communities. I'll leave it to Millie for 00:18:48.440 --> 00:18:55.667 the next box. So, one of the increasingly popular technologies we're seeing in the 00:18:55.667 --> 00:19:00.586 UK, and is no doubt used around the world and probably at border points, although we 00:19:00.586 --> 00:19:06.450 need more help with the reasearch to prove this, is mobile phone extraction. The 00:19:06.450 --> 00:19:10.680 police can extract data from your phone, your laptop, and other devices which 00:19:10.680 --> 00:19:16.431 results in a memory dump of the extracted data taken from your device and now held 00:19:16.431 --> 00:19:23.331 in an agency database. So for example all your photos, all your messages, and all 00:19:23.331 --> 00:19:28.330 those of people who had no idea they would end up in a police database because 00:19:28.330 --> 00:19:34.549 they're associated with you retained for as long as the police wish. Now these 00:19:34.549 --> 00:19:38.600 devices are pretty user friendly for the police and if you're interested you can 00:19:38.600 --> 00:19:42.559 look on YouTube where Cellebrite one of the big players has lots of videos about 00:19:42.559 --> 00:19:48.929 how you can use them, and so depending on the device and the operating system some 00:19:48.929 --> 00:19:54.419 of the data this is from a police document but it lists what they can extract using a 00:19:54.419 --> 00:20:01.820 Cellebrite UFED is what you might expect: device information, calls, messages, 00:20:01.820 --> 00:20:08.970 emails, social media, and Wi-Fi networks. But if you look at their website and here 00:20:08.970 --> 00:20:14.750 are a few examples they can also collect: system and deleted data, they can access 00:20:14.750 --> 00:20:20.580 cloud storage, and inaccessible partitions of the device. Now this is data that is 00:20:20.580 --> 00:20:26.490 clearly beyond the average users control, and as the volume of data we hold on our 00:20:26.490 --> 00:20:31.749 phones increases so will this list. And the companies we know the UK police are 00:20:31.749 --> 00:20:39.059 using, which includes: Cellebrite, Acceso, Radio Tactics, MSAB, are all aware of how 00:20:39.059 --> 00:20:44.750 valuable this is and as one of them have stated: "if you've got access to a person 00:20:44.750 --> 00:20:50.500 SIM card, you've got access to the whole of a person's life". They also go on to 00:20:50.500 --> 00:20:56.070 note: "the sheer amount of data stored on mobile phones is significantly greater 00:20:56.070 --> 00:21:04.149 today than ever before." There are also no temporal limits to the extraction of data, 00:21:04.149 --> 00:21:09.149 this is from another police document we obtained and it shows that if you choose 00:21:09.149 --> 00:21:16.159 to extract to certain data type you will obtain all data of a particular type, not 00:21:16.159 --> 00:21:21.280 just the data relevant to an investigation. So all that data on a 00:21:21.280 --> 00:21:28.429 police database, indefinitely and even if you were asked whether you were happy for 00:21:28.429 --> 00:21:32.789 your data to be extracted during an investigation I think it's highly unlikely 00:21:32.789 --> 00:21:37.630 you would realize the volume that the police were going to take. Other targets 00:21:37.630 --> 00:21:44.179 for the police that we know about are: infotainment systems in cars, Smart TVs, 00:21:44.179 --> 00:21:51.230 and connected devices in the home. This is an extract from a tech UK report, where 00:21:51.230 --> 00:21:56.700 Mark Stokes head of digital forensics at the Met Police which the police in London 00:21:56.700 --> 00:22:03.200 stated in January, that the crime scene of tomorrow will be the Internet of Things 00:22:03.200 --> 00:22:08.450 and detectors of the future will carry a digital forensics toolkit that will help 00:22:08.450 --> 00:22:15.020 them analyze microchips and download data at the scene rather than removing devices 00:22:15.020 --> 00:22:20.081 for testing. Now I can imagine that the evidence storage room is going to get a 00:22:20.081 --> 00:22:24.840 bit full if they start dragging in connected fridges, hair dryers, hair 00:22:24.840 --> 00:22:32.570 brushes, your Google home, Amazon echo and whatever else you have. However, their 00:22:32.570 --> 00:22:38.240 plans to walk into your home and download everything, make no mention of needing a 00:22:38.240 --> 00:22:43.509 specific warrant and so the only limitations at the moment are the 00:22:43.509 --> 00:22:50.220 protections that may exist on the devices. The law does not protect us and this needs 00:22:50.220 --> 00:22:59.409 to change. So I'm going to be talking a little bit about open source intelligence 00:22:59.409 --> 00:23:05.470 and in particular social media intelligence, because when I talked about 00:23:05.470 --> 00:23:10.830 predictive policing I identified those two sources as some of the data that's being 00:23:10.830 --> 00:23:17.470 used for predictive policing. Now, open source intelligence is often thought as, 00:23:17.470 --> 00:23:23.409 or often assumed to be innocuous, and there is the understanding that if 00:23:23.409 --> 00:23:29.440 information is publicly available then it should be fair for the police to use. Now 00:23:29.440 --> 00:23:34.270 the problem is that among open source intelligence there's often social media 00:23:34.270 --> 00:23:40.509 intelligence that we refer to as documents. Now there are many ways to 00:23:40.509 --> 00:23:45.900 conduct document and it can range from like the single police officer, who is 00:23:45.900 --> 00:23:54.009 just you know using Facebook or Twitter to look up the accounts of victims or 00:23:54.009 --> 00:23:58.620 suspected criminals, but there was also companies that are scrapping the likes of 00:23:58.620 --> 00:24:04.580 Facebook and Twitter to allow the police to monitor social media. Now social medias 00:24:04.580 --> 00:24:10.580 have like blurred the lines between public and private, because obviously we are 00:24:10.580 --> 00:24:17.909 broadcasting our views on this platform and at the moment the police has been 00:24:17.909 --> 00:24:25.059 exploiting this kind of unique space, this blured line, ithey are accessing this 00:24:25.059 --> 00:24:30.809 content in a completely unregulated manner, as long as the content is publicly 00:24:30.809 --> 00:24:37.620 available like for example you don't need to be friend or to have any already 00:24:37.620 --> 00:24:43.470 established connection with the suspected criminal or the police or the victim 00:24:43.470 --> 00:24:48.610 anything that's available to you it's completely unregulated there are no rules 00:24:48.610 --> 00:24:56.700 and I mentioned earlier the question of a budget restriction and so the police is 00:24:56.700 --> 00:25:01.749 benefiting hugely from this because it doesn't really cost anything to use social 00:25:01.749 --> 00:25:07.019 media so at the moment SOCMINT is kind of like the first and easy step in a police 00:25:07.019 --> 00:25:14.470 investigation because there is no cost and because there is no oversight. Now, 00:25:14.470 --> 00:25:19.420 SOCMINT actually isn't so innocent in the sense that it allows the police to 00:25:19.420 --> 00:25:25.519 identify the locations of people based on their post, it allows them to establish 00:25:25.519 --> 00:25:30.669 people's connection, their relationships, their association, it allows the 00:25:30.669 --> 00:25:37.380 monitoring of protest and also to identify the leaders of various movement, and to 00:25:37.380 --> 00:25:45.880 measure a person's influence. Now, in the UK what we know is that the police is 00:25:45.880 --> 00:25:52.019 largely using marketing products, so this is an anonymous quote from a report by 00:25:52.019 --> 00:25:58.029 academics that have been doing research on SOCMINT and what someone said was that: "A 00:25:58.029 --> 00:26:01.620 lot of stuff came out of marketing because marketing were using social media to 00:26:01.620 --> 00:26:05.190 understand what people were saying about their product... We wanted to understand 00:26:05.190 --> 00:26:11.549 what people were saying so it's almost using it in reverse". Now again, this is 00:26:11.549 --> 00:26:16.350 not considered like surveillance device this is purely a marketing project that 00:26:16.350 --> 00:26:23.309 they're using and for that reason law enforcement agencies and security agencies 00:26:23.309 --> 00:26:30.140 are often arguing that SOCMINT has basically no impact on privacy. But 00:26:30.140 --> 00:26:36.640 actually when your post reveals your location or when the content of your post 00:26:36.640 --> 00:26:40.080 reveal what used to be considered and is still considered actually as sensitive 00:26:40.080 --> 00:26:45.090 private information like details about your sexual life, about your health, about 00:26:45.090 --> 00:26:50.120 your politics, can we really minimize the impact of the police accessing this 00:26:50.120 --> 00:26:56.190 information. Now obviously we may not have a problem with the average twitter user or 00:26:56.190 --> 00:27:00.880 with a friend reading this information but when the ones who are reading the 00:27:00.880 --> 00:27:06.460 information and taking actions on this information have power over us like the 00:27:06.460 --> 00:27:17.717 police does, you know, what does it actually mean for our right to privacy? 00:27:17.717 --> 00:27:26.610 That's not to say that people should stop using social media but rather what kind of 00:27:26.610 --> 00:27:32.960 regulation can we put in place so that it's not so easy for the police to access. 00:27:32.960 --> 00:27:41.720 The absence of regulations on SOCMINT has actually already led to abuse in two cases 00:27:41.720 --> 00:27:48.159 both in the US that we've identified: One is Raza v. the City of New York which is a 00:27:48.159 --> 00:27:55.840 case from the ACLU where we knew that we found out that the city of New York, 00:27:55.840 --> 00:28:00.179 sorry, the New York Police Department was systematically gathering intelligence on 00:28:00.179 --> 00:28:04.799 Muslim communities, and one of the ways they were gathering this intelligence was 00:28:04.799 --> 00:28:11.509 essentially by surveilling social media accounts of Muslims in New York. The 00:28:11.509 --> 00:28:17.320 second case is a company called ZeroFOX. So what ZeroFox does is social media 00:28:17.320 --> 00:28:23.150 monitoring. Now, during the the riots that followed the funeral of Freddie Gray, 00:28:23.150 --> 00:28:30.500 Freddie Gray was a 25 year old black man who had been shot by the police, so after 00:28:30.500 --> 00:28:36.549 his funeral there had been a series of riots in the UK and ZeroFOX produced a 00:28:36.549 --> 00:28:41.360 report that they shared with the Baltimore Police to essentially advertise for their 00:28:41.360 --> 00:28:47.929 social social media monitoring tool and what the company was doing was again like 00:28:47.929 --> 00:28:52.970 browsing social media and trying to establish who were the threat actors in 00:28:52.970 --> 00:28:58.659 these riots and among the 19 threat actors that they identified two of them 00:28:58.659 --> 00:29:04.499 were actually leaders of the black lives matter movement. Actually at least one of 00:29:04.499 --> 00:29:09.550 them was a woman definitely not a physical threat but this is how they were 00:29:09.550 --> 00:29:17.570 essentially labeled. So these two examples actually show that again it's still sort 00:29:17.570 --> 00:29:24.240 of the same targets, it's people of colors, it's activists, it's people from 00:29:24.240 --> 00:29:30.179 poor income backgrounds, that are singled out as likely criminals. And it's very 00:29:30.179 --> 00:29:34.029 telling when we realize that SOCMINT is actually one of the sources of data that's 00:29:34.029 --> 00:29:38.740 eventually used for predictive policing and then again predictive policing leading 00:29:38.740 --> 00:29:45.409 to people being more surveiled and potentially exposed to more police 00:29:45.409 --> 00:29:51.169 surveillance based on the fact that they all singled out as as likely criminal. Now 00:29:51.169 --> 00:29:56.890 social media is a fascinating place because it's a mix between a private and a 00:29:56.890 --> 00:30:02.210 public space as I said we are broadcasting our views publicly but then again it's a 00:30:02.210 --> 00:30:07.679 privately owned space where we follow the rules that is set up by private companies. 00:30:07.679 --> 00:30:13.779 Now, if we want to protect this space and ensure that like free expression and 00:30:13.779 --> 00:30:18.619 political organization can still happen on the spaces we need to fully understand how 00:30:18.619 --> 00:30:23.460 much the police have been exploiting the spaces and how we can limit and regulate 00:30:23.460 --> 00:30:29.879 the use of it. Now, I'll talk to Millie about what we can do next. So I'm going to 00:30:29.879 --> 00:30:33.460 briefly look at some of our initial findings we've made using Freedom of 00:30:33.460 --> 00:30:39.539 Information requests, broadly: the lack of awareness by the public, weak legal basis, 00:30:39.539 --> 00:30:45.429 and a lack of oversight. Now, sometimes the lack of awareness appears intentional 00:30:45.429 --> 00:30:54.740 - we asked the police about their plans to extract data from connected devices in the 00:30:54.740 --> 00:31:01.679 home and they replied neither confirm nor deny. Now this is kind of a bizarre 00:31:01.679 --> 00:31:06.659 response given that Mark Stokes who's a member of the police had already said that 00:31:06.659 --> 00:31:13.509 they plan to do this, in addition the UK government Home Office replied to us 00:31:13.509 --> 00:31:18.269 saying the Home Office plans to develop skills and capacity to exploit the 00:31:18.269 --> 00:31:23.929 Internet of Things as part of criminal investigations. They also said that police 00:31:23.929 --> 00:31:29.920 officers will receive training in relation to extracting, obtaining, retrieving, data 00:31:29.920 --> 00:31:35.399 from or generated by connected devices. So we wrote back to every police force in the 00:31:35.399 --> 00:31:40.970 UK had refused to reply to us and presented the evidence but they maintained 00:31:40.970 --> 00:31:45.679 their stance so we will be bringing a challenge against them under the Freedom 00:31:45.679 --> 00:31:51.929 of Information Act. Now, Eva has also identified the huge risks associated with 00:31:51.929 --> 00:31:57.769 predictive policing yet in the UK we've found out this is set to increase with 00:31:57.769 --> 00:32:02.070 forces either using commercial tools or in-house ones they've developed or 00:32:02.070 --> 00:32:09.049 planning trials for 2018. There has been no public consultation, there are no 00:32:09.049 --> 00:32:14.279 safeguards, and there is no oversight. So when we ask them more questions about the 00:32:14.279 --> 00:32:21.370 plans we were told we were 'vexatious' and they won't respond to more requests so it 00:32:21.370 --> 00:32:27.299 seems like we have yet another challenge, and what about mobile phone extraction 00:32:27.299 --> 00:32:32.570 tools here are some of the stats that have been found out and I would say these 00:32:32.570 --> 00:32:36.821 aren't completely accurate because it depends on how reliable the police force 00:32:36.821 --> 00:32:42.940 are in responding but roughly I'd say it's probably more than 93 percent now of UK 00:32:42.940 --> 00:32:48.379 police forces throughout the country are extracting data from digital devices. We 00:32:48.379 --> 00:32:53.080 know they plan to increase, we've seen in their documents they plan to train more 00:32:53.080 --> 00:32:58.690 officers, to buy more equipment, and to see extraction as a standard part of 00:32:58.690 --> 00:33:04.009 arrest, even if the devices had absolutely nothing to do with the offense and so 00:33:04.009 --> 00:33:09.769 these figures are likely to increase exponentially, but in the UK not only to 00:33:09.769 --> 00:33:15.610 the police not need a warrant in documents we've read they do not even need to notify 00:33:15.610 --> 00:33:21.139 the individual that they have extracted data, for example, from their mobile phone 00:33:21.139 --> 00:33:27.590 or that they're storing it. If this is being done without people's knowledge how 00:33:27.590 --> 00:33:32.220 on earth can people challenge it, how can they ask for their data to be removed if 00:33:32.220 --> 00:33:39.590 they're found innocent? Turning to social media monitoring which the police refer to 00:33:39.590 --> 00:33:44.330 as open source research. This is Jenny Jones she's a member of the House of Lords 00:33:44.330 --> 00:33:50.730 in the Green Party and next to her photo is a quote from her entry on the domestic 00:33:50.730 --> 00:33:57.249 extremism database, and so, if a member of the House of Lords is being subject to 00:33:57.249 --> 00:34:04.659 social media monitoring for attending a bike ride then I think it's highly likely 00:34:04.659 --> 00:34:08.830 that a large number of people who legitimately exercise their right to 00:34:08.830 --> 00:34:14.429 protest are being subject to social media monitoring. Now, this hasn't gone 00:34:14.429 --> 00:34:20.399 unnoticed completely although they're slightly old these are quotes from two 00:34:20.399 --> 00:34:24.899 officials: the first the UK independent reviewer of terrorism who notes that the 00:34:24.899 --> 00:34:29.690 extent of the use of social media monitoring is not public known, and the 00:34:29.690 --> 00:34:33.679 second is the chief surveillance commissioner who is and this is a very 00:34:33.679 --> 00:34:38.949 strong statement for a commissioner is saying that basically social media should 00:34:38.949 --> 00:34:47.649 not be treated as fair game by the police. So now I'll move on to a weak or outdated 00:34:47.649 --> 00:34:52.649 legal basis. For most of the technologies we've looked at it's very unclear what 00:34:52.649 --> 00:34:58.359 legal basis the police are using even when we've asked them. This relates to mobile 00:34:58.359 --> 00:35:03.940 phone extraction - so the legislation they're relying on is over 30 years old 00:35:03.940 --> 00:35:11.310 and is wholly inappropriate for mobile phone extraction this law was developed to 00:35:11.310 --> 00:35:16.680 deal with standard traditional searches, the search of a phone can in no way be 00:35:16.680 --> 00:35:22.300 equated to the search of a person, or the search of a house, and despite the fact 00:35:22.300 --> 00:35:26.901 that we have repeatedly asked for a warrant this is not the case and we 00:35:26.901 --> 00:35:31.270 believe that there should be a warrant in place not only in the UK but in the rest 00:35:31.270 --> 00:35:35.550 of the world. So if you think that either you or your friends have had their data 00:35:35.550 --> 00:35:39.369 extracted when they're arrested or your phone has been in the possession of the 00:35:39.369 --> 00:35:45.650 authorities you should be asking questions, and very briefly something on 00:35:45.650 --> 00:35:52.420 lack of oversight, so we reported in January this year about documents that 00:35:52.420 --> 00:35:58.000 were obtained by The Bristol Cable's investigation into Cellebrite and one 00:35:58.000 --> 00:36:04.020 report said that in half of the cases sampled the police noted the police had 00:36:04.020 --> 00:36:10.320 failed to receive authorization internally for the use of extraction tools. Poor 00:36:10.320 --> 00:36:15.809 training undermined investigations into serious offences such as murder, and 00:36:15.809 --> 00:36:20.940 inadequate security practices meant that encryption was not taking place even when 00:36:20.940 --> 00:36:26.849 it was easy to do and they were losing files containing intimate personal data. 00:36:26.849 --> 00:36:33.490 So why does this matter? Here are some key points: In relation to information 00:36:33.490 --> 00:36:37.760 asymmetry - it's clear as Eva has explained that the police can now access 00:36:37.760 --> 00:36:43.670 far more data on our devices than the average user. In relation to imbalance of 00:36:43.670 --> 00:36:47.420 power - it's clear they can collect and analyze sources that are beyond our 00:36:47.420 --> 00:36:54.320 control whether it's publicly placed sensors, cameras, and other devices. There 00:36:54.320 --> 00:36:58.890 is also unequal access and if lawyers don't know what's being gathered they 00:36:58.890 --> 00:37:03.660 don't know what to ask for from the police. All in all this puts the 00:37:03.660 --> 00:37:10.410 individual at a huge disadvantage. Another impact is the chilling effect on political 00:37:10.410 --> 00:37:16.850 expression now I'm sure many of you maybe think that the police monitor your social 00:37:16.850 --> 00:37:21.859 media but the average person is unlikely to, and so if they start to know about 00:37:21.859 --> 00:37:27.110 this are they going to think twice about joining in protesting either physically or 00:37:27.110 --> 00:37:32.380 using a hashtag, and what about who your friends are? If they know you attend 00:37:32.380 --> 00:37:38.540 protests are they really want to have their data on your phone if they know that 00:37:38.540 --> 00:37:44.460 potentially that could be extracted and end up on a police database? It's far 00:37:44.460 --> 00:37:49.380 easier to be anonymous face among many people than a single isolated person 00:37:49.380 --> 00:37:55.119 standing up to power but these new forms of policing we have been discussing 00:37:55.119 --> 00:38:00.339 redefine the very act of protesting by singling out each and every one of us from 00:38:00.339 --> 00:38:08.309 the crowd. So, what can we do? Many of you will be familiar with these technologies, 00:38:08.309 --> 00:38:12.720 but do you know how to find out what the police are doing? In the UK we've been 00:38:12.720 --> 00:38:16.610 using Freedom of Information requests, we want to do this with people throughout 00:38:16.610 --> 00:38:21.910 Europe and you don't need to be a lawyer so please get in touch. We also want to 00:38:21.910 --> 00:38:26.660 dig into the technology a bit more, I want someone to use a Cellebrite UFED on my 00:38:26.660 --> 00:38:31.809 phone and show me exactly what can come out of it, and we want to tell lawyers and 00:38:31.809 --> 00:38:37.329 activists about these new techniques. Many lawyers I speak to who are experts in 00:38:37.329 --> 00:38:42.210 actions against the police do not know the police are using these tools. This means 00:38:42.210 --> 00:38:46.700 they don't know the right questions to ask and so it's fundamental you speak to 00:38:46.700 --> 00:38:50.920 people who are bringing these cases and tell them about what they can do or what 00:38:50.920 --> 00:38:56.640 questions they should be asking, and finally we want you to also raise the 00:38:56.640 --> 00:39:18.034 debate, to share our research, and to critique it, thank you. 00:39:18.034 --> 00:39:24.220 Herald: So we've got ample enough time for Q&A are there any questions in the hall, 00:39:24.220 --> 00:39:28.670 yes, there's one over there. Question: You mentioned the problem of 00:39:28.670 --> 00:39:33.110 when they do physical extraction from the Celebrite device it's going to get all of 00:39:33.110 --> 00:39:37.710 the photos, all of the emails, or whatever maybe rather than just what the 00:39:37.710 --> 00:39:42.059 investigator needs. What is the solution to that from your eyes is there a 00:39:42.059 --> 00:39:45.740 technical one that these companies are gonna have to implement - which they're 00:39:45.740 --> 00:39:51.140 not going to - or a legal one, because on the other side a mobile phone is a crucial 00:39:51.140 --> 00:39:56.890 part in a any criminal investigation in 2017. So what's the workaround or the 00:39:56.890 --> 00:40:00.020 solution to that? Answer: I think it's both, I think the 00:40:00.020 --> 00:40:04.000 fact that there isn't any law looking at this and no one's discussing can there be 00:40:04.000 --> 00:40:08.520 a technical solution or does it need to be one where there's better regulation and 00:40:08.520 --> 00:40:12.660 oversight so you extract everything, can you keep it for a certain period to see 00:40:12.660 --> 00:40:16.859 what's relevant then do you have to delete it? The trouble is we don't see any 00:40:16.859 --> 00:40:22.290 deletion practices and the police have publicly stated in the media that they can 00:40:22.290 --> 00:40:27.280 just keep everything as long as they like. They like data you can kind of see why but 00:40:27.280 --> 00:40:31.240 that doesn't mean they should keep everyone's data indefinitely just in case 00:40:31.240 --> 00:40:35.062 it's useful so I think there may be tech solutions there may be legal ones and I 00:40:35.062 --> 00:40:40.510 think perhaps both together as is one of the answers. Herald: The next question 00:40:40.510 --> 00:40:45.349 from microphone one please. Q: I'm just wondering how those laws on 00:40:45.349 --> 00:40:50.280 action and power given to the cops are being sold to the UK people is it because 00:40:50.280 --> 00:40:56.510 to fight terrorism as I said or to fight drugs or this kind of stuff, what's the 00:40:56.510 --> 00:41:00.490 argument used by the government to sold that to the people. 00:41:00.490 --> 00:41:05.170 A: I think actually one thing that's important is to bear in mind is that I'm 00:41:05.170 --> 00:41:10.630 not sure most of the of the public in the UK is even aware of it, so I think unlike 00:41:10.630 --> 00:41:15.330 the work of intelligence services an agency where terrorism is used as the 00:41:15.330 --> 00:41:22.450 excuse for ever more power and especially laws that have become increasingly 00:41:22.450 --> 00:41:26.130 invasive, actually with policing we don't even fall in that kind of discourse 00:41:26.130 --> 00:41:30.980 because it's actually hardly talked about in UK. Yeah, and the mobile phone 00:41:30.980 --> 00:41:34.880 extraction stuff we've been looking at is low-level crimes, so that's like you 00:41:34.880 --> 00:41:40.750 have, it could be you know a pub fight, it could be a robbery, which that's more 00:41:40.750 --> 00:41:45.550 serious, it could be an assault, so they want to use it in every case. For all the 00:41:45.550 --> 00:41:48.170 other techniques we have no idea what they're using for that's one of the 00:41:48.170 --> 00:41:53.599 problems. Herald: The next question from the 00:41:53.599 --> 00:41:57.400 internet please. Q: When you say that there's a lack of 00:41:57.400 --> 00:42:04.460 laws and regulations for police concerning us in extraction and data from devices are 00:42:04.460 --> 00:42:09.790 you talking just about UK and/or USA or do you have any examples of other countries 00:42:09.790 --> 00:42:13.500 who do better or worse? A: I don't know of any country that has a 00:42:13.500 --> 00:42:18.520 regulation on publicly available information on social media. 00:42:18.520 --> 00:42:25.849 Herald: Microphone number four. Q: Thank you again for a great talk. In 00:42:25.849 --> 00:42:31.920 terms of data exploitation an element that I didn't hear you talk about that I'd like 00:42:31.920 --> 00:42:35.940 to hear a little bit more is when there are questions around who is doing the 00:42:35.940 --> 00:42:40.410 exploitation, I know in the U.S. some FOIA researchers get around how difficult it is 00:42:40.410 --> 00:42:44.640 to get data from the feds by going after local and state police departments, is 00:42:44.640 --> 00:42:48.450 that something that you're doing or do you have a way of addressing confusion when 00:42:48.450 --> 00:42:50.880 people don't know what agency has the data? 00:42:50.880 --> 00:42:56.580 A: Yeah, I think actually what one of the things the data exploitation program at 00:42:56.580 --> 00:43:00.330 Privacy International is doing is actually looking into the connection between the 00:43:00.330 --> 00:43:06.050 private sector and governments because obviously at the moment there's the whole 00:43:06.050 --> 00:43:09.950 question of data brokers which is an industry that's hardly regulated at all, 00:43:09.950 --> 00:43:14.130 that people don't necessarily know about, we don't, the companies that are doing it 00:43:14.130 --> 00:43:19.900 are familiar household name. I'll let Millie talk a lot more about the 00:43:19.900 --> 00:43:24.920 government aspects of it. I guess the question is again a country-by-country 00:43:24.920 --> 00:43:29.470 basis, we work in many countries that don't have any data protection regulations 00:43:29.470 --> 00:43:36.609 at all so there is this first difficulty as how do we regulate, how do we limit the 00:43:36.609 --> 00:43:40.920 power of the state when you don't even have the basic legislation around 00:43:40.920 --> 00:43:45.710 data protection? One thing to bear in mind is like the problem with companies is like 00:43:45.710 --> 00:43:53.220 how do you also hold companies accountable whereas with the state there is the whole 00:43:53.220 --> 00:43:58.119 challenge of finding the right legal framework to limit their power, but maybe 00:43:58.119 --> 00:44:02.069 I'll let Millie talk a little bit more about this. Yeah, with our with our FOIA 00:44:02.069 --> 00:44:06.270 request we tend to go after everyone so with the example of the Home Office saying 00:44:06.270 --> 00:44:08.990 something that the other police didn't that was because we went to all the 00:44:08.990 --> 00:44:14.680 different state bodies and I think that there's a good example in in the states 00:44:14.680 --> 00:44:17.690 where there's far more research done on what the police are doing, but they're 00:44:17.690 --> 00:44:22.600 using the same product in the UK I think it's axiom and they're a storage device 00:44:22.600 --> 00:44:29.119 for body-worn camera videos, and a lawyer in the states said that in order to access 00:44:29.119 --> 00:44:32.799 the video containing his client he had to agree to the terms and condition on Axioms 00:44:32.799 --> 00:44:38.140 website which basically gave them full use of his clients video about a crime scene. 00:44:38.140 --> 00:44:42.750 So that's a private company having use of this video so given that we found they're 00:44:42.750 --> 00:44:47.120 using it in the UK we don't know if those kind of terms and conditions exist but 00:44:47.120 --> 00:44:54.673 it's a very real problem as they rely increasingly on private companies. 00:44:54.673 --> 00:44:58.370 Herald: Number two please. Q: Thank you for your work perhaps you've 00:44:58.370 --> 00:45:03.450 already answered this partially from other people's questions but it looks like we 00:45:03.450 --> 00:45:08.539 have a great way to start the process and kind of taking the power back but you know 00:45:08.539 --> 00:45:13.250 the state and the system certainly doesn't want to give up this much power, how do we 00:45:13.250 --> 00:45:18.190 actually directly, what's kind of the endgame, what's the strategies for making 00:45:18.190 --> 00:45:24.770 the police or the government's give up and restore balance, is it a suit, is it 00:45:24.770 --> 00:45:27.859 challenging through Parliament and in the slow process of democracy, or what do you 00:45:27.859 --> 00:45:32.170 think is the right way of doing it? A: I never think one works on its own, 00:45:32.170 --> 00:45:36.670 even though I'm a litigator I often think litigation is quite a weak tactic, 00:45:36.670 --> 00:45:40.920 particularly if you don't have the public on side, and then again if you don't have 00:45:40.920 --> 00:45:44.220 Parliament. So we need all of them and they can all come through different means 00:45:44.220 --> 00:45:49.090 so we wouldn't just focus on one of the different countries it might be that you 00:45:49.090 --> 00:45:53.540 go down the legal route or the down the parliamentary route but in the UK we're 00:45:53.540 --> 00:45:57.460 trying all different routes so for example on mobile phone extraction in the 00:45:57.460 --> 00:46:00.900 beginning of next year we're going to be doing a video we're going to be doing 00:46:00.900 --> 00:46:04.120 interviewing the public and speaking to them about it, we're going to be going to 00:46:04.120 --> 00:46:08.960 Parliament, and I've also been speaking to a lot of lawyers so I'm hoping some cases 00:46:08.960 --> 00:46:15.280 will start because those individual cases brought by local lawyers are where also 00:46:15.280 --> 00:46:19.859 you see a lot of change like the John Cat case, that's one lawyer, so I think we 00:46:19.859 --> 00:46:25.901 need all different things to see what works and what sticks. 00:46:25.901 --> 00:46:31.150 Herald: We haven't had number three yet. Q: Hi, thanks for the talk, so I have a 00:46:31.150 --> 00:46:39.020 question regarding concerning the solution side of things because one aspect I was 00:46:39.020 --> 00:46:45.569 missing in your talk was the economics of the game actually because like you are 00:46:45.569 --> 00:46:51.510 from the UK and the private sector has like stepped in also and another public 00:46:51.510 --> 00:46:58.799 domain the NHS to help out because funds are missing and I would like to ask you 00:46:58.799 --> 00:47:03.299 whether or not you think first of all the logic is the same within the police 00:47:03.299 --> 00:47:12.720 departments because it might also be like cost driven aspect to limit the salaries 00:47:12.720 --> 00:47:18.589 or because you have the problem with police force coming in because you have to 00:47:18.589 --> 00:47:24.099 pay their rents and automated things especially when I'm given to the private 00:47:24.099 --> 00:47:30.779 sector which has another whole logic of thinking about this stuff is cost saving 00:47:30.779 --> 00:47:43.930 and so maybe it would be a nice thing whether if you could talk a bit about the, 00:47:43.930 --> 00:47:49.359 I'm sorry, the attempt to maybe like get economics a bit more into the picture when 00:47:49.359 --> 00:47:56.130 it comes to solutions of the whole thing. A: So I think yeah, your very right in 00:47:56.130 --> 00:48:02.309 pointing actually the relation, well that you compare what's happening with the NHS 00:48:02.309 --> 00:48:07.799 and what's happening with the police because in both the economics of 00:48:07.799 --> 00:48:14.940 companies offering policing services arise from the same situation there's a need of 00:48:14.940 --> 00:48:23.380 doing more efficient policing because of budget cuts, so the same way the NHS is 00:48:23.380 --> 00:48:30.079 being essentially privatized due to the budget cuts and due to the to the needs 00:48:30.079 --> 00:48:34.799 that arise from being limited in your finance, again there's a similar thing 00:48:34.799 --> 00:48:38.880 with the police when you when you're understaffed then you're more likely to 00:48:38.880 --> 00:48:44.329 rely on on technologies to help you do your work more efficiently because 00:48:44.329 --> 00:48:51.210 essentially with predictive policing the idea behind this is that if you know where 00:48:51.210 --> 00:48:56.380 and when crime will happen then you can focus the limited resources you have there 00:48:56.380 --> 00:49:02.640 and not sort of look at a more global larger picture. So I mean I'm not gonna be 00:49:02.640 --> 00:49:06.599 here on stage advocating for more funds for the police, I'm not gonna do that, but 00:49:06.599 --> 00:49:11.660 I think that there is there is a desperate need to reframe actually the narrative 00:49:11.660 --> 00:49:19.170 around how we do policing actually and then definitely also look at a different 00:49:19.170 --> 00:49:22.680 perspective and a different approach to policing because as I've tried to show 00:49:22.680 --> 00:49:28.010 it's been a really long time since this narrative has developed of more data leads 00:49:28.010 --> 00:49:32.789 to crime resolution but actually what I didn't have the time to get into in this 00:49:32.789 --> 00:49:37.490 talk is actually all the research that are showing that those product actually don't 00:49:37.490 --> 00:49:42.770 work like PREDPOL is actually basically gaslighting a lot of police officers with 00:49:42.770 --> 00:49:47.650 their figures, the kind of figures that are pushing and suggesting are just like 00:49:47.650 --> 00:49:53.671 plain inaccurate, it's not accurate to compare a city on the one year to what a 00:49:53.671 --> 00:49:59.230 city is becoming in another year so it's not even clear that a lot of this 00:49:59.230 --> 00:50:05.460 project are even like properly functioning and in a sense I don't want them to 00:50:05.460 --> 00:50:09.250 function I'm not gonna say if we had better predictive policing then the 00:50:09.250 --> 00:50:14.869 problem will be solved no that is not the question, the question is how do we have 00:50:14.869 --> 00:50:20.820 regulation that force the police to look differently into the way they are 00:50:20.820 --> 00:50:25.597 conducting policing. Herald: Number four please. 00:50:25.597 --> 00:50:31.980 Q: So, thank you for your presentation I have a question about SOCMINT, my opinion 00:50:31.980 --> 00:50:37.359 SOCMINT might violate the terms of services of for example Twitter and 00:50:37.359 --> 00:50:41.000 Facebook have you tried to cooperate with these companies to make them actually 00:50:41.000 --> 00:50:46.360 enforce their TOS? A: So actually there is two things as I 00:50:46.360 --> 00:50:51.270 said like all companies that are doing scraping of data and you're right in this 00:50:51.270 --> 00:50:58.700 case they violate the terms of services of Facebook and Twitter. Now, the other 00:50:58.700 --> 00:51:03.049 problem is that there is already a loop to this and actually the marketing company I 00:51:03.049 --> 00:51:08.289 was talking about that's being used by the UK police what they essentially do is that 00:51:08.289 --> 00:51:13.559 they purchase the data from Facebook and Twitter, so this is why it's interesting 00:51:13.559 --> 00:51:19.900 because when Facebook's say we don't sell your data, well essentially actually with 00:51:19.900 --> 00:51:25.970 marketing tools that are there to monitor what people say about products essentially 00:51:25.970 --> 00:51:29.599 what you're doing is selling your data, they're not selling necessarily like your 00:51:29.599 --> 00:51:34.400 name or your location or things like that but whatever you're going to be posting 00:51:34.400 --> 00:51:41.109 publicly for example in like groups or public pages is something that they are 00:51:41.109 --> 00:51:45.329 going to be trying to sell to those companies. So I think you're right and 00:51:45.329 --> 00:51:50.839 maybe Millie will have more to say about this. I think those companies have a role 00:51:50.839 --> 00:51:56.260 to play but at the moment I think the challenge we face is actually this loop 00:51:56.260 --> 00:52:00.960 that we're facing where by purchasing the data directly from the company they don't 00:52:00.960 --> 00:52:07.420 face any they don't violate the terms of services. Yeah, we've spoken a bit to the 00:52:07.420 --> 00:52:12.840 some of the social media companies, we've been told that one of their big focuses is 00:52:12.840 --> 00:52:17.710 the problems of the social media monitoring at the U.S. border and so 00:52:17.710 --> 00:52:22.609 because there's a lot known about that they're looking at those issues so I think 00:52:22.609 --> 00:52:27.000 once we show more and more the problems say in the UK or in other countries I 00:52:27.000 --> 00:52:31.869 think it would be very interesting to look at what's happened over the Catalan 00:52:31.869 --> 00:52:37.410 independence vote period to see how social media was used then. I think the companies 00:52:37.410 --> 00:52:42.380 aren't going to react until we make them although they probably will meet with us. 00:52:42.380 --> 00:52:49.990 A slightly different aspect we revealed in a different part of our work that the 00:52:49.990 --> 00:52:53.190 intelligence agencies were gathering social media that's probably not 00:52:53.190 --> 00:52:57.779 groundbreaking news but it was it was there in plain fact and so they all got a 00:52:57.779 --> 00:53:01.480 bit concerned about how that was happening, whether some of them knew or 00:53:01.480 --> 00:53:05.950 some of them didn't, so the better our research the more people speaking about it 00:53:05.950 --> 00:53:11.030 I think they will engage, or we'll find out are they are the police getting it 00:53:11.030 --> 00:53:17.350 lawfully or unlawfully. Herald: Number one please. 00:53:17.350 --> 00:53:21.200 Q: Thanks for your talk, I have a question on predictive policing because German 00:53:21.200 --> 00:53:28.700 authorities in the last two years piloted pre-cops PREDPOL projects in three states I think 00:53:28.700 --> 00:53:33.630 and they claimed that they would never use these techniques with data on individuals 00:53:33.630 --> 00:53:38.870 but only aggregate data like the new repeat stuff you presented and they 00:53:38.870 --> 00:53:42.940 presented as just an additional tool in their toolbox and that if use responsibly 00:53:42.940 --> 00:53:48.240 can lead to more cost effective policing, do you buy this argument or would you say 00:53:48.240 --> 00:53:55.020 that there's inevitably slippery slope or kind of like a path dependency to more 00:53:55.020 --> 00:54:01.010 granular data assessment or evaluation that would inevitably infringe on privacy 00:54:01.010 --> 00:54:05.319 rights? A: I think this goes back to the question 00:54:05.319 --> 00:54:08.740 of like you know are we using per listening to identify where crime is 00:54:08.740 --> 00:54:14.369 happening or who it is who's committing a crime but actually I think even if we if 00:54:14.369 --> 00:54:18.910 we stick to this even if we stick to identifying where crime is happening we 00:54:18.910 --> 00:54:23.650 still run into problems we still run into the fundamental problem of predictive 00:54:23.650 --> 00:54:28.599 policing which is we only have data on crime that have already been reported ever 00:54:28.599 --> 00:54:35.809 or already been addressed by the police, and that's by essence already biased data. 00:54:35.809 --> 00:54:41.430 If we have police in some areas then we're more likely to, you know, further police 00:54:41.430 --> 00:54:51.579 because the solution of those companies of those algorithm will be leading to more 00:54:51.579 --> 00:54:57.880 suggestions that crime is is happening more predominantly in those areas. So, as 00:54:57.880 --> 00:55:04.459 we've seen so far is that we fall into these fundamental problems of just 00:55:04.459 --> 00:55:11.329 overpolicing communities that are already overpoliced. So in a sense in terms of 00:55:11.329 --> 00:55:18.069 well the right to privacy but also the question of the presumption of innocence I 00:55:18.069 --> 00:55:23.040 think purely just having trying to cultivate data on the where crime is 00:55:23.040 --> 00:55:29.660 happening it's not efficient policing first of all but it's also causing 00:55:29.660 --> 00:55:35.020 challenges for fundamental rights as well. Yeah, I guess it's not a great comparison 00:55:35.020 --> 00:55:39.481 but what a lot of what they're bringing in now is a program to assist you with the 00:55:39.481 --> 00:55:43.910 charging decision, so you've got someone you've arrested do you charge them or not? 00:55:43.910 --> 00:55:48.319 The police say oh well of course it's only advisory you only have to look at how busy 00:55:48.319 --> 00:55:52.660 a police station is to know how advisory is that going to be and how much is it 00:55:52.660 --> 00:55:56.740 going to sway your opinion. So the more you use these tools the more it makes your 00:55:56.740 --> 00:56:01.260 job easier because rather than thinking, where are we going to go, what areas 00:56:01.260 --> 00:56:04.250 things going to happen, who are we going to arrest, well the computer told us to do 00:56:04.250 --> 00:56:08.700 this so let's just do that. Herald: Thank you and microphone number 00:56:08.700 --> 00:56:13.111 three please. Q: Thank you, do you think that there are 00:56:13.111 --> 00:56:19.940 any credible arguments to be made for limiting the police's abilities under acts 00:56:19.940 --> 00:56:25.130 in the UK that incorporate EU level restrictions on privacy data protection 00:56:25.130 --> 00:56:29.650 human rights or fundamental rights and if so do you anticipate that those arguments 00:56:29.650 --> 00:56:35.140 might change after brexit? A: Well they they're bringing in GDPR and 00:56:35.140 --> 00:56:39.670 the Law Enforcement Directive now and they're not going to scrap those once 00:56:39.670 --> 00:56:44.299 brexit comes in. We'll still be part, hopefully, of the European Court of Human 00:56:44.299 --> 00:56:49.130 Rights, but not the European Court of Justice. I think there are going to be 00:56:49.130 --> 00:56:51.960 implications it's going to be very interesting how they play it out they're 00:56:51.960 --> 00:56:57.420 still going to want the data from Europol, they want to be part of Interpol, policing 00:56:57.420 --> 00:57:02.309 operates at a different level and I think if they have to comply with certain laws 00:57:02.309 --> 00:57:06.029 so that they can play with the big boys then they probably will, but they may do 00:57:06.029 --> 00:57:12.160 things behind the scenes, so it depends where it works for them, but certainly the 00:57:12.160 --> 00:57:16.019 politicians and definitely the police wanna be part of those groups. So we'll 00:57:16.019 --> 00:57:20.809 have to see, but we will still use them and we'll still rely on European judgments 00:57:20.809 --> 00:57:26.865 the force they have in a court of law may be more difficult. 00:57:26.865 --> 00:57:32.319 Herald: Does the internet have any questions, nope, well then number two 00:57:32.319 --> 00:57:35.839 please. Q: So you've mentioned that they don't 00:57:35.839 --> 00:57:41.609 have really good operational security and sometimes some stuff that should not leak 00:57:41.609 --> 00:57:47.869 leaked now within the last year we had major data leaks all across the world like 00:57:47.869 --> 00:57:54.710 Philippines, South Africa, just to mention a few, now if the, security, OPSEC is so 00:57:54.710 --> 00:58:00.160 bad in the police in Great Britain it's not unlikely that something will happen 00:58:00.160 --> 00:58:05.299 in Europe of a similar kind what kind of impact do you think such a huge data leak 00:58:05.299 --> 00:58:11.750 of private information which the police legally stored has even if it was not 00:58:11.750 --> 00:58:16.539 leaked by the police and it would be leaked by a private company that had some way 00:58:16.539 --> 00:58:19.329 access to it? A: I I guess it depends what it what it 00:58:19.329 --> 00:58:25.340 is, if it's a database with serious criminals and only the bad people, then 00:58:25.340 --> 00:58:29.480 people will think when it's good they have that information but they 00:58:29.480 --> 00:58:35.920 need to make it more secure. If somehow databases which held all sorts of 00:58:35.920 --> 00:58:39.589 information say from people's mobile phones, innocent people's pictures, all 00:58:39.589 --> 00:58:44.820 that kind of thing then we might see a much wider public reaction to the tools 00:58:44.820 --> 00:58:51.039 that are used and the safeguards, the legal safeguards, will come a lot quicker 00:58:51.039 --> 00:58:55.599 than probably we will achieve in the way we're trying to go now because there'll be 00:58:55.599 --> 00:59:02.030 a bigger public outrage. Herald: Okay one last and hopefully short 00:59:02.030 --> 00:59:06.619 question from microphone one. Q: Hi, thanks for the talk was really 00:59:06.619 --> 00:59:10.320 interesting, it's actually quite a short question how much is a Cellebrite, and can 00:59:10.320 --> 00:59:14.760 we buy one? A: I did look to buy one, I think there 00:59:14.760 --> 00:59:21.319 were some on eBay but I'm sure if they were like the right things but a couple of 00:59:21.319 --> 00:59:24.319 thousand pounds, but I think you have to actually be a police force to get those 00:59:24.319 --> 00:59:30.529 ones, maybe there are other types but it's expensive but not unobtainable, but 00:59:30.529 --> 00:59:34.779 I'm trying to find universities that might have them because I think that a lot of 00:59:34.779 --> 00:59:38.369 forensic schools I'm hoping that they will, I know they do extractions of 00:59:38.369 --> 00:59:41.725 laptops but I haven't found one yet that does phones but I probably haven't asked 00:59:41.725 --> 00:59:45.808 enough people. Herald: So thank you very much. 00:59:45.808 --> 00:59:50.990 34C3 Music 00:59:50.990 --> 01:00:07.000 subtitles created by c3subtitles.de in the year 2020. Join, and help us!