surveillance culture

All posts tagged surveillance culture

[Originally Published at Eris Magazine]

So Gabriel Roberts asked me to write something about police brutality, and I told him I needed a few days to get my head in order. The problem being that, with this particular topic, the longer I wait on this, the longer I want to wait on this, until, eventually, the avoidance becomes easier than the approach by several orders of magnitude.

Part of this is that I’m trying to think of something new worth saying, because I’ve already talked about these conditions, over at A Future Worth Thinking About. We talked about this in “On The Invisible Architecture of Bias,” “Any Sufficiently Advanced Police State…,” “On the Moral, Legal, and Social Implications of the Rearing and Development of Nascent Machine Intelligences,” and most recently in “On the European Union’s “Electronic Personhood” Proposal.” In these articles, I briefly outlined the history of systemic bias within many human social structures, and the possibility and likelihood of that bias translating into our technological advancements, such as algorithmic learning systems, use of and even access to police body camera footage, and the development of so-called artificial intelligence.

Long story short, the endemic nature of implicit bias in society as a whole plus the even more insular Us-Vs-Them mentality within the American prosecutorial legal system plus the fact that American policing was literally borne out of slavery on the work of groups like the KKK, equals a series of interlocking systems in which people who are not whitepassing, not male-perceived, not straight-coded, not “able-bodied” (what we can call white supremacist, ableist, heteronormative, patriarchal hegemony, but we’ll just use the acronym WSAHPH, because it satisfyingly recalls that bro-ish beer advertising campaign from the late 90’s and early 2000’s) stand a far higher likelihood of dying at the hands of agents of that system.

Here’s a quote from Sara Ahmed in her book The Cultural Politics of Emotion, which neatly sums this up:

“[S]ome bodies are ‘in an instant’ judged as suspicious, or as dangerous, as objects to be feared, a judgment that can have lethal consequences. There can be nothing more dangerous to a body than the social agreement that that body is dangerous.”

At the end of this piece, I’ve provided some of the same list of links that sits at the end of “On The Invisible Architecture of Bias,” just to make it that little bit easier for us to find actual evidence of what we’re talking about, here, but, for now, let’s focus on these:

A Brief History of Slavery and the Origins of American Policing
2006 FBI Report on the infiltration of Law Enforcement Agencies by White Supremacist Groups
June 20, 2016 “Texas Officers Fired for Membership in KKK”

And then we’ll segue to the fact that we are, right now, living through the exemplary problem of the surveillance state. We’ve always been told that cameras everywhere will make us all safer, that they’ll let people know what’s going on and that they’ll help us all. People doubted this, even in Orwell’s day, noting that the more surveilled we are, the less freedom we have, but more recently people have started to hail this from the other side: Maybe videographic oversight won’t help the police help us, but maybe it will help keep us safe from the police.

But the sad fact of the matter is that there’s video of Alton Sterling being shot to death while restrained, and video of John Crawford III being shot to death by a police officer while holding a toy gun down at his side in a big box store where it was sold, and there’s video of Alva Braziel being shot to death while turning around with his hands up as he was commanded to do by officers, of Eric Garner being choked to death, of Delrawn Small being shot to death by an off-duty cop who cut him off in traffic. There’s video of so damn many deaths, and nothing has come of most of them. There is video evidence showing that these people were well within their rights, and in lawful compliance with officers’ wishes, and they were all shot to death anyway, in some cases by people who hadn’t even announced themselves as cops, let alone ones under some kind of perceived threat.

The surveillance state has not made us any safer, it’s simply caused us to be confronted with the horror of our brutality. And I’d say it’s no more than we deserve, except that even with protests and retaliatory actions, and escalations to civilian drone strikes, and even Newt fucking Gingrich being able to articulate the horrors of police brutality, most of those officers are still on the force. Many unconnected persons have been fired, for indelicate pronouncements and even white supremacist ties, but how many more are still on the force? How many racist, hateful, ignorant people are literally waiting for their chance to shoot a black person because he “resisted” or “threatened?” Or just plain disrespected. And all of that is just what happened to those people. What’s distressing is that those much more likely to receive punishment, however unofficial, are the ones who filmed these interactions and provided us records of these horrors, to begin with. Here, from Ben Norton at Salon.com, is a list of what happened to some of the people who have filmed police killings of non-police:

Police have been accused of cracking down on civilians who film these shootings.

Ramsey Orta, who filmed an NYPD cop putting unarmed black father Eric Garner in a chokehold and killing him, says he has been constantly harassed by police, and now faces four years in prison on drugs and weapons charges. Orta is the only one connected to the Garner killing who has gone to jail.

Chris LeDay, the Georgia man who first posted a video of the police shooting of Alton Sterling, also says he was detained by police the next day on false charges that he believes were a form of retaliation.

Early media reports on the shooting of Small uncritically repeated the police’s version of the incident, before video exposed it to be false.

Wareham noted that the surveillance footage shows “the cold-blooded nature of what happened, and that the cop’s attitude was, ‘This was nothing more than if I had stepped on an ant.'”

As we said, above, black bodies are seen as inherently dangerous and inhuman. This perception is trained into officers at an unconscious level, and is continually reinforced throughout our culture. Studies like the Implicit Association Test, this survey of U.Va. medical students, and this one of shooter bias all clearly show that people are more likely to a) associate words relating to evil and inhumanity to; b) think pain receptors working in a fundamentally different fashion within; and c) shoot more readily at bodies that do not fit within WSAHPH. To put that a little more plainly, people have a higher tendency to think of non-WSAHPH bodies as fundamentally inhuman.

And yes, as we discussed, in the plurality of those AFWTA links, above, there absolutely is a danger of our passing these biases along not just to our younger human selves, but to our technology. In fact, as I’ve been saying often, now, the danger is higher, there, because we still somehow have a tendency to think of our technology as value-neutral. We think of our code and (less these days) our design as some kind of fundamentally objective process, whereby the world is reduced to lines of logic and math, and that simply is not the case. Codes are languages, and languages describe the world as the speaker experiences it. When we code, we are translating our human experience, with all of its flaws, biases, perceptual glitches, errors, and embellishments, into a technological setting. It is no wonder then that the algorithmic systems we use to determine the likelihood of convict recidivism and thus their bail and sentencing recommendations are seen to exhibit the same kind of racially-biased decision-making as the humans it learned from. How could this possibly be a surprise? We built these systems, and we trained them. They will, in some fundamental way, reflect us. And, at the moment, not much terrifies me more than that.

Last week saw the use of a police bomb squad robot to kill an active shooter. Put another way, we carried out a drone strike on a civilian in Dallas, because we “saw no other option.” So that’s in the Overton Window, now. And the fact that it was in response to a shooter who was targeting any and all cops as a mechanism of retribution against police brutality and violence against non-WSAHPH bodies means that we have thus increased the divisions between those of us who would say that anti-police-overreach stances can be held without hating the police themselves and those of us who think that any perceived attack on authorities is a real, existential threat, and thus deserving of immediate destruction. How long do we really think it’s going to be until someone with hate in their heart says to themselves, “Well if drones are on the table…” and straps a pipebomb to a quadcopter? I’m frankly shocked it hasn’t happened yet, and this line from the Atlantic article about the incident tells me that we need to have another conversation about normalization and depersonalization, right now, before it does:

“Because there was an imminent threat to officers, the decision to use lethal force was likely reasonable, while the weapon used was immaterial.”

Because if we keep this arms race up among civilian populations—and the police are still civilians which literally means that they are not military, regardless of how good we all are at forgetting that—then it’s only a matter of time before the overlap between weapons systems and autonomous systems comes home.

And as always—but most especially in the wake of this week and the still-unclear events of today—if we can’t sustain a nuanced investigation of the actual meaning of nonviolence in the Reverend Doctor Martin Luther King, Jr.’s philosophy, then now is a good time to keep his name and words out our mouths

Violence isn’t only dynamic physical harm. Hunger is violence. Poverty is violence. Systemic oppression is violence. All of the invisible, interlocking structures that sustain disproportionate Power-Over at the cost of some person or persons’ dignity are violence.

Nonviolence means a recognition of these things and our places within them.

Nonviolence means using all of our resources in sustained battle against these systems of violence.

Nonviolence means struggle against the symptoms and diseases killing us all, both piecemeal, and all at once.

 

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It’s been quite some time (three years) since it was done, and some of the recent conversations I’ve been having about machine consciousness reminded me that I never posted the text to my paper from the joint session of the International Association for Computing And Philosophy and the The British Society for the Study of Artificial Intelligence and the Simulation of Behaviour, back in 2012.

That year’s joint ASIB/IACAP session was also a celebration of Alan Turing‘s centenary, and it contained The Machine Question Symposium, an exploration of multiple perspectives on machine intelligence ethics, put together by David J Gunkel and Joanna J Bryson. So I modded a couple of articles I wrote on fictional depictions of created life for NeedCoffee.com, back in 2010, beefed up the research and citations a great deal, and was thus afforded my first (but by no means last) conference appearance requiring international travel. There are, in here, the seeds of many other posts that you’ll find on this blog.

So, below the cut, you’ll find the full text of the paper, and a picture of the poster session I presented. If you’d rather not click through, you can find both of those things at this link.

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“Any Sufficiently Advanced Police State…”
“…Is indistinguishable from a technocratic priestly caste?”
Ingrid Burrington and Me, 04/17/15

As I said the other day, I’ve been thinking a lot about death, lately, because when two members of your immediate family die within weeks of each other, it gets into the mind. And when that’s woven through with more high-profile American police shootings, and then capped by an extremely suspicious death while in the custody of police, even more so, right? I’m talking about things like Walter Scott and Freddie Gray, and the decision in the Rekia Boyd case, all in a span of a few weeks.

So I’m thinking about the fact that everyone’s on the police bodycam trip, these days, especially in the USA–which, by the way will be the main realm of my discussion; I’m not yet familiar enough with their usage and proliferation in other countries to feel comfortable discussing them, so if any of you has more experience with and references to that, please feel free to present them in the comments, below. But, for now, here, more and more people are realizing that this is another instance of thinking a new technology will save us all, by the mere virtue of its existing. But as many people noted at Theorizing The Web, last week, when those in control of the systems of power start to vie for a thing just as much as those who were wanting to use that thing to Disrupt power? Maybe it’s not as disruptive a panacea as you thought.

We’ve previously discussed the nature of the Thick Blue Wall–the interconnected perspectives and epistemological foundations of those working on the prosecutorial side of the law, leading to lower likelihoods of any members of those groups being charged with wrongdoing, at all, let alone convicted. With that in mind, we might quickly come to a conclusion that wide proliferation of bodycams will only work if we, the public, have unfettered access to the datastream. But this position raises all of the known issues of that process inherently violating the privacy of the people being recorded. So maybe it’s better to say that bodycams absolutely will not work if the people in control of the distribution and usage of the recordings are the police, or any governing body allied with the police.

If those members of the authorities in charge of maintenance of the status quo are given the job of self oversight, then all we’ll have on our hands is a recapitulation of the same old problem–a Blue Firewall Of Silence. There’ll be a data embargo, with cops, prosecutors, judges, union reps getting to decide how much of which angles of whose videos are “pertinent” to any particular investigation and yeah, maybe you can make the “rest” of the tape available through some kind of Freedom Of Information Act-esque mechanism, but we have a clear vision of what that tends to look like, and exactly how long that process will take. We’re not exactly talking about Expedient Justice™, here.

So perhaps the real best bet, here, is to provide a completely disconnected, non-partisan oversight body, comprised of people from every facet of society, and every perspective on the law–at least those who still Believe that a properly-leveraged system of laws can render justice. So you get, say, a prosecutor, a defense attorney, a PUBLIC defender, an exonerated formerly accused individual, a convicted felon, someone whose family member was wrongfully killed by the police, a judge, a cop. Different ethnicities, genders, sexualities, perceived disabilities. Run the full gamut, and create this body whose job it is to review these tapes and to decide by consensus what we get to see of them. Do this city by city. Make it a part of the infrastructure. Make sure we all know who they are, but never the exact details of their decision-making processes.

This of course gets immediately more complicated the more data we have to work with, and the more real-time analysis of it can be independently done, or intercepted by outside actors, and we of course have to worry about those people being influenced by those bad faith actors who would try to subvert our attempts at crafting justice… But the more police know that everything they do in every encounter they have with the public will be recorded, and that those recordings will be reviewed by an external review board, the closer we get to having consistent systems of accountability for those who have gotten Very used to being in positions of unquestioned, privileged, protected authority.

Either that, or we just create a conscious algorithmic system to do it, and hope for the best. But it seems like how I might have heard that that was a sticky idea, somewhere… One that people get really freaked out about, all the time. Hm.

All that being said, this is not to say that we ought not proliferate body cameras. It is to say that we must be constantly aware of the implications of our choices, and of the mechanisms by which we implement them. Because, if we’re not, then we run the risk of being at the mercy of a vastly interconnected and authoritarian technocracy, one which has the motive, means, and opportunity to actively hide anything it thinks we ought not concern ourselves with.

Maybe that sounds paranoid, but the possibility of that kind of closed-ranks overreach and our tendency toward supporting it–especially if it’s done in the name of “order”–are definitely there, and we’ll need to curtail them, if we want to consistently see anything like Justice.