Tag Archives: Thought Crime

The USA, Narcissistic Rage, A Sense of Entitlement & Holding Our Rights Hostage

The US is taking a giant shit on all of us, and our rights. And we are letting them. This is a nation that is currently led by extremists who inherited the job from a crazily compromised administration.

I previously wrote in All The Presidents’ Messes:

“In my lifetime the American people have elected Nixon (Vietnam, Laos, Cambodia), Ford (by accident), Carter (Iranian Revolution & Iran Hostage debacle), Reagan (Funded the Taliban / Iran-Contra Affair / Nicaragua / El Salvador / Guatemala), Bush the First (Gulf War I), Clinton (Somalia, Rwanda, Haiti / Israel-Palestine / Ethnic Wars in Europe – Croats, Serbs and Bosnian Muslims / Kosovo & Albania), Bush the Second (Iraq / Afghanistan), Obama (IRANDEAL, global appeasement, the relatively unopposed rise of ISIS, and the disintegration of Syria and Libya and Egypt as a result of US Foreign Policy failures) and now Trump.”

All US policy decisions and their side-effects, one way or the other, cascade down into our European democracies. In the current climate that should worry you.

Privacy Is An Absolute Right

I am interested in Privacy. The abuse of Privacy (1) has far more fundamental negative effects than might seem to be the case at first glance.

I am an advocate for the right of every citizen to a private life, the preservation of civil liberties, and the defence of other hard won rights. Technology or rather its unfettered deployment is the single biggest threat to our personal freedoms and by extension to the proper administration of justice.

And so I write about it. Sometimes the writing is a bit technical but most of the time it’s referencing the technical results of other peoples work to support my arguments (which I always acknowledge – most important that is)

Orwell 4.0

Technology facilitated developments have created new tools for the State, Law Enforcement, and Intelligence Agencies to monitor not just person’s of interest but everyone (2). Software industry greed and software developer naivety is also driving an assault on our personal privacy and security (3).

These phenomena have already resulted in wholesale abuses (4) of habeas corpus, an alteration of the perception of what constitutes a fair trial, have worn down the right to silence of a suspect, made the avoidance of self-incrimination almost impossible, made illegal searches and seizures (5) acceptable, and encroached on the ability of defendants to construct a proper defence.

Recently, Graham Cluley (@gcluley) posted a clarification of a definition on Twitter“It’s always bugged me how people say “Innocent until proven guilty”. It’s “Innocent *unless* proven guilty” folks.” – that is worth thinking about in an age of trial by media and JTC-as-a-Service (JTC – Jumping to Conclusions a.k.a Fake News).

In parallel with this there is an increasing trend of “ordinary” crimes being tried in “extra-ordinary” courts, tribunals, or military courts. The checks and balances that used to notionally counter the power of the state and where the actions of government could be publicly scrutinized has almost ceased to effectively exist.

Surveillance politics, the rise of extremists on the left and the right, religious fanaticism, the re-emergence of censorship and even actual talk of “blasphemy laws” in the parliaments of Western democracies leaves one bewildered. How will we fare when even newer technologies such as VRSN, and AI with even greater capacity to embed themselves in our lives begin to mature from the novel stage into the deployment stage?

What will be the effect of kinematic fingerprinting, emotion detection (6), psychographic profiling (7), and thought extraction (8) on the right to privacy and basic freedoms. These are questions and concerns that get lost in the rush to innovate. Software companies and developers have a responsibility but they do not exercise it very often.

What are the ethics? What are the acceptable limits? What are the unforeseen by-products?

The US Has Claimed “Absolute Privilege”

The US is the bully on the block and its “bitch” friends the UK (9), Canada, New Zealand (10), & Australia (11) just follow its lead or actively facilitate them.

The opacity of US laws (12) and SIGINT collection methods is an abuse of the rights of every defendant that comes in front of their Courts. Increasingly, that is just about anybody that they can lay their hands on, from anywhere (13).

The election of Trump just solidified my view that the world has turned upside down and it seems that taking action to reverse the trend of the normalisation of the abnormal (14) is a Sisyphean task and just seems to encourage the buggers (15).

The US position on most of these matters is ephemeral – not just on data protection (16) – and US national interest, national security, or just plain duplicity (17) governs their agenda.

There is so much abuse of power by the US that it is impossible to keep tabs. These things used to matter (18). These things used to enrage us (19). The US has led a race to the bottom on so many fronts that the rest of the world seems to be suffering from bad news fatigue (20) and has zoned out (21).

It is individuals and NGO’s now that are the gatekeepers of our rights and the ones that hold governments to account and increasingly they are being marginalized.

References

(1) Anonymous Chronic; 21st Nov 2016; NSA, GCHQ, The Five Eyes Handing Ireland Cyber-Security Opportunity; AirGap Anonymity Collective

(2) Anonymous Chronic; 21st Nov 2016; Mass Surveillance & The Oxford Comma Analogy; AirGap Anonymity Collective

(3) Anonymous Chronic; 21st Nov 2016; Software Industry Greed is Driving the Assault on our Privacy & Security; AirGap Anonymity Collective

(4) Kim Zetter; 26th Oct 2017; The Most Controversial Hacking Cases of the Past Decade; Wired

(5) Andy Greenberg; 10th Oct 2014; Judge Rejects Defense That FBI Illegally Hacked Silk Road – On A Technicality; Wired

(6) Anonymous Chronic; 3rd Jan 2017; Orwell 4.0: The Stealth Advance of Kinematic Fingerprinting & Emotion Detection for Mass Manipulation; AirGap Anonymity Collective

(7) Anonymous Chronic; 4th Feb 2017; Is Kosinski “Tesla” to Nix’s “Marconi” for Big Data Psychographic Profiling?;AirGap Anonymity Collective

(8) Ian Johnston; 18th Apr 2017; Device that can literally read your mind invented by scientists; Independent

(9) Anonymous Chronic; 30th Nov 2016; My Privacy Lobotomy or How I Learned to Stop Worrying & Love the IP Act; AirGap Anonymity Collective

(10) Anonymous Chronic; 3rd Nov 2016; Overwatch – The Five Eyes Espionage Alliance; AirGap Anonymity Collective

(11) Anonymous Chronic; 21st Nov 2016; Australia Is A Proxy War for the Five Eyes & Also Hogwarts; AirGap Anonymity Collective

(12) American Civil Liberties Union & Human Rights Watch; 21st Nov 2016; Joint letter to European Commission on EU-US Privacy Shield; Human Right Watch)

(13) Tom O’Connor; 6th Jul 2017; Russia Accuses US of Hunting and Kidnapping Its Citizens After Latest Arrests; Newsweek

(14) Anonymous Chronic; 29th Jan 2017; Take Action To Reverse The Present Trend Of The Normalisation of the Abnormal; AirGap Anonymity Collective

(15) Anonymous Chronic; 2nd Dec 2016; Silencing the Canary & The Key Powers & Reach of The IPA; AirGap Anonymity Collective

(16) Mary Carolan; 10th Mar 2017; Max Schrems claims US data privacy protections ‘ephemeral’; The Irish Times

(17) Shelley Moore Capito – United States Senator for West Virginia; 2nd Jul 2017; Stop Enabling Sex Traffickers Act of 2017; https://www.capito.senate.gov/

(18) Adam Taylor; 23rd Apr 2015; The U.S. keeps killing Americans in drone strikes, mostly by accident; The Washington Post

(19) HRW; 9th Dec 2014; USA and Torture: A History of Hypocrisy; Human Rights Watch

(20) Shannon Sexton; 30th Aug 2016; Five Ways to Avoid ‘Bad-News Fatigue’ and Stay Compassionately Engaged; Kripalu Center for Yoga & Health

(21) Susanne Babbel Ph.D.; 4th Jul 2012; Compassion Fatigue; Psychology Today

The Regional Subjectivity of Crime & The Tests for Guilt

A definitive statement as to what constitutes Crime has successfully evaded scholars. But one thing that they all seem to agree on is that “A person is never punished merely for wrong thinking or evil thoughts”.

“Thought Crimes” Orwell style are not offences (Or are they?).

In an age of Mass Surveillance, Kinematic Fingerprinting & Emotion Detection, Mass Data Retention & the Investigatory Powers Act and Alphabet Agency Profiling based on Digital Activities, is that still the case?

Certainly there are many examples of arrest and detention for “thinking” a certain way. But that’s not for here at this time.

Rather than examining the definition of crime in a particular country I think it is more interesting to examine it in the global context. The majority of people tend to assume that Crime and Punishment can be generally assumed to be similar everywhere that they travel to.

As someone with a wanderlust tendency who has “walked the Earth” I can assure you that is not the case.

A Moving Goalpost

The definition of “Crime” in a society has always been influenced by the prevailing norms that exist at any particular time amongst a group of people living together as a community.

Personal feelings, religious beliefs, preferences, tastes, experiences, economic expediency or laws based based on the personal opinions of a “leader” have been the motivations that translated into local laws that criminalised some acts and did not consider other acts as “criminal”.

A Simple Analogy: The Attitude to Cannabis in the USA

In 2017 I guess the simplest analogy would be the different attitude to marijuana in the United States. The use, possession, sale, cultivation, and transportation of cannabis is illegal under federal law in the United States but individual States are permitted to conditionally decriminalise cannabis for recreational or medical use.

Cannabis is listed at a Federal level as a Schedule I substance under the Controlled Substances Act of 1970 and is classified as a Schedule I drug. The DEA defines this classification as a substance that has a high potential of being abused by its users and has no acceptable medical uses.

So there exists a contradictory attitude of Federal versus certain State laws regarding the exact same matter – in the former it is a “crime”, in the latter it is not – in some States.

The Definition of Crime

“There is no one word in the whole lexicon of legal and criminological terms which is so elusive of definition as the word crime” (McCabe 1983:49)

It reminds me of the first thing that we were thought during my time as an Economics student – namely, that the study of Economics was an “inexact social science”.

Inexact laws that contain in their antecedents vague ceteris paribus (“all other things being equal”) conditions and “facts” based on local beliefs or tendencies do not constitute definitions.

The different definitions of crime and the vastly different tariffs which certain criminal offences attract are therefore, for the most part best understood in the context of the culture, religious practices and societal “norms” of the region or country that are being examined (excluding the universally abhorred offences – but irritatingly that is not always the case either).

Examples:

  • Judicial Corporal Punishment in Saudi Arabia for Possession of Alcohol (Flogging);
  • Mandatory death penalty for drug trafficking in Singapore;
  • Filipino President Rodrigo Duterte’s state sanctioned vigilante murders of suspected drug dealers;
  • The universal application of sharia (Islamic law) by certain countries;
  • The acceptance of sharia in some secular European countries as the basis for divorce, inheritance and other personal affairs of their Islamic population;

Looking around Google I came across the following definition of crime which was not accredited:

“Harmful act or omission against the public which the State wishes to prevent and which, upon conviction, is punishable by fine, imprisonment, and/or death. No conduct constitutes a crime unless it is declared criminal in the laws of the country. Some crimes (such as theft or criminal damage) may also be civil wrongs (torts) for which the victim(s) may claim damages in compensation.”

Types of Crime (In the Republic of Ireland) 

* A crime is defined in law in the Republic of Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:

  • Summary offences
  • Indictable offences
  • Minor offences
  • Serious offences
  • Arrestable offences

* Citizens Information. (19 July 2016). Classification of crimes in criminal cases. Journal, [online] Volume(Issue), P1. Available at: URL [Accessed 25th February. 2017].

The Test for “Guilt”

However, the mental state as well as the physical elements of a crime are key parts of establishing the guilt of a person committing an offence. In order for a person to be guilty of an offence there must be coincidence between two key concepts, that of “Mens Rea” and “Actus Reus”:

  • Mens Rea dictates that there must be a guilty mind, moral culpability and a blameworthy state of mind;
  • Actus Reus concerns itself with with the physical elements of the crime and excludes the mental element;

For guilt to be established then the two concepts must be coincidental “happening or existing at the same time”.

The latin phrase “Actus Non Facit Reum, Nisi Mens Sit Rea” translates as “An act does not itself constitute guilt unless the mind is guilty”.

REFERENCES

Naidoo, Jadel. 2016/2017. Diploma in Criminology Class Notes. Dublin Business School 1 (1) 1-14;

Penrose, Graham, AirGap Anonymity Collective (16 January 2017). Mass Surveillance & The Oxford Comma Analogy. Blog [online] Available at: URL [Accessed 25th February. 2017].

Penrose, Graham, AirGap Anonymity Collective (3 January 2017). Orwell 4.0: The Stealth Advance of Kinematic Fingerprinting & Emotion Detection for Mass Manipulation. Blog [online] Available at: URL [Accessed 25th February. 2017].

Penrose, Graham, AirGap Anonymity Collective (21 November 2016). NSA, GCHQ, The Five Eyes Handing Ireland Cyber-Security Opportunity. Blog [online] Available at: URL [Accessed 25th February. 2017].

Penrose, Graham, AirGap Anonymity Collective (29 October 2016). Ireland is NOT a Privacy Advocate. Blog [online] Available at: URL [Accessed 25th February. 2017].

Hausman, Daniel M. 1984. Causal Priority. Noûs, 18 (2): 261-279.

Hausman, Daniel M. 1998. Causal asymmetries. Cambridge: Cambridge University Press.

Citizens Information. (19 July 2016). Classification of crimes in criminal cases. Journal, [online] Volume(Issue), P1. Available at: URL [Accessed 25th February. 2017].

ENDS