624 lines
27 KiB
Plaintext
624 lines
27 KiB
Plaintext
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IDENTITY CARDS: SOME BRIEF OBJECTIONS
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by Sean Gabb
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INTRODUCTION
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Aside from Eire, ours is the only country in the European
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Union not to have some kind of identity card scheme.
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Elsewhere, it has long been common for people to carry, and be
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required to produce, identification. Here, by law and custom,
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there is no need for people to identify themselves, unless
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they are seeking some positive benefit or have been arrested.
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This difference is under attack. The Prime Minister, the Home
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Secretary, a former Deputy Leader of the Labour Party, and the
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Editor of The Sunday Express - to name just a few - have
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called for the introduction of identity cards.1 With the
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present balance of votes in the House of Commons, it seems
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likely that these particular calls will come to nothing. Even
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so, the issue is not one that will go away. With this in
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mind, I offer the following objections. They are condensed
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from an earlier piece written for the Libertarian Alliance,
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which, whatever its merits, has the defect of being too long
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for general circulation. Readers are advised to buy a copy if
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they want more information than I have room to give here.2
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ONE: THE FIGHT AGAINST CRIME
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The commonest argument in favour of identity cards is that
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they will help in the fight against crime. After all, it
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sounds reasonable to claim that if we all have to identify
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ourselves on demand, the opportunities for breaking the law
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will be diminished.
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Reasonable as this sounds, however, it is not wholly supported
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by the evidence. Let us consider some of the leading claims:
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Claim One
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According to Fred Broughton, Chairman of the Police
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Federation:
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In relation to crime, terrorism and any
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investigation, [an identity card scheme] would be a
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great advantage. It would make the police more
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efficient because sometimes people lie about their
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identification, which can be very time consuming.3
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Reply - According to Dr Michael Levi, Reader in Criminology at
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the University of Wales:
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In ordinary policing terms, the value of ID cards is
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hard to discern.
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Many police officers to whom I speak tell me that
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they know, or believe they know, who the offenders
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are in their neighbourhood. The problem is proving
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it, given that they don't have the resources to
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conduct surveillance. In this situation, identity
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cards are an irrelevance, a tough soundbite that has
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no practical effect.
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I cannot imagine how the chances of detection or
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conviction will be improved significantly by this
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measure in any form....4
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Claim Two
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According to Roy Hattersley:
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[Identity cards would make it] more difficult for
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conmen to talk their way into pensioners'
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bungalows....5
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Reply - This is a bizarre claim. Telephone engineers, police
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officers, and all the other people whom conmen impersonate
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already have identification documents. Their victims suffer
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by not asking to see these documents. I fail to see how
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providing everyone with an identity card will change matters.
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Claim Three
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Mr Hattersley again:
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[They would] also prevent teenagers renting
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pornographic videos....6
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Reply - Another bizarre claim. There are no pornographic
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videos legally available in this country. And here, as with
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drugs and prostitution, illegal suppliers are more interested
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in how rich their clients are than how old.
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Claim Three
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According to the Editor of The Sunday Express:
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Illegal immigrants and dole scroungers would find it
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impossible to dip their sticky fingers into the
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welfare pot.7
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Reply - Not so. According to Peter Lilley, the Secretary of
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State for Social Security, identity cards would do little to
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curb benefit fraud, which at the moment is far more a matter
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of hidden earnings from the black economy than of
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impersonation.8
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As for illegal immigrants - according to a Peter Lloyd, a
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former Minister at the Home Office, "the main problem faced by
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the immigration officers at Dover is fake French ID cards".9
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Other Claims
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There are similar claims about bank fraud, impersonation at
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elections and in driving tests, about people who lie in job
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applications about their age and qualifications, and so forth.
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But I will not continue making specific reply to specific
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claims. I will instead observe that they all rest eventually
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on three assumptions that are, and will for the foreseeable
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future remain, unlikely: that everyone will carry the right
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identification; that the information to which identity cards
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give access will be entirely correct; that the costs of an
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identity card scheme can be precisely known. Consider again:
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First, all experience suggests that any document the
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authorities can produce can be reproduced by criminals. This
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has long been the case with coins, banknotes, passports,
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ration coupons, postage stamps, and any other thing of nominal
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value. In the United States, where official identification
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has become far more important than it is yet here, one can buy
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a green card, a social security card and a driving licence for
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as little as $120. All passable forgeries, they can be ready
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within the hour.10 These are for illegal immigrants needing to
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work and get their children educated, or for teenagers wanting
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to drink without official harassment. Doubtless, for
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criminals or terrorists, much better is available.
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To suppose that digital technology can change things is to
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know nothing of computers, and nothing of criminal ability.
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We can have identity cards with a photograph, a thumbprint,
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and a full retina pattern - and forgeries would be on the
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streets within a month. In Singapore, a country not famous
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for high levels of crime, perfect copies of the most
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elaborately bank cards presently issued are available as
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blanks for a few pounds.11
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Second, the official information held on us is riddled with
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errors more or less serious. According to a National Audit
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Office report, 35 per cent of the 12.2 million driver records,
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and 25 per cent of the nine million vehicle records, held by
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the Drivers and Vehicles Licensing Authority contain at least
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one error.12 Such levels of inaccuracy would soon wreck an
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identity card scheme. There would be wrong names on the
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cards, and wrong photographs. People would suffer perpetual
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inconvenience from the use of incorrect data.
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There is also the certainty of malicious hacking. There is
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nothing mysterious about hacking. Nor is it difficult. The
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newspapers are full of stories about information altered,
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destroyed, or illegally retrieved. Recently in south London,
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for example, someone broke into the local Health Authority
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computer, and altered a standard letter that was sent out to
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5,000 women before anyone noticed that a request to attend for
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a cervical smear had been altered to an invitation to drop in
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and "have your fanny examined".13
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Third, The Home Office has estimated that a compulsory scheme
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using a plastic card, with photograph, fingerprints, date of
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birth and signature, would cost GBP500 million to establish,
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plus GBP100 million per year to maintain thereafter.14 These
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costings we can dismiss unconsidered. Bearing in mind that
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the civil servants can be expected to buy the wrong computers,
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and that about five per cent of people each year will lose or
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damage their cards, the final cost - as with Concorde, and the
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Humber Bridge, and many other public works - is anyone's
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guess.15
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So far as law-enforcement is concerned, the immediate effects
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of identity cards would be a slight increase in the
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preparation costs of committing certain kinds of crime, and an
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expansion of forgery. For the rest of us, they would mean a
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multiplication of bureaucracy and yet another waste of public
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money.
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TWO: THE DESTRUCTION OF LIBERTY
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The objections raised above are important. They are the sort
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of thing that can worry "right wing" Ministers and the more
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respectable think tanks. As such, it is useful to raise them
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as often as possible. But they are not the most important
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objections, and they may not always be valid. Experience and
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better software will eventually reduce forgery and
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inaccuracies; and the accessibility of more information will
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diminish the opportunities for fraud. The primary objection
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is the very existence of most accessible information. And so
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far as the secondary objections can be overcome, so this one
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is magnified.
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Until recently, the amount of information that identity cards
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could make available was limited. There could be a
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photograph, name, address, and a few other details. For
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anything else, it was necessary to look through various paper
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archives - a process so slow and expensive, it was not worth
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even considering for everyone all the time. Electronic
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databases remove this limitation. They ensure that
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information, once gathered, can be stored at almost zero cost,
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and retrieved at once in any permutation. They are also
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ensuring that the range and depth of information gathered and
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stored can be greatly expanded.
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Already, MI5 is connecting all the government databases, to
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give access, "for reasons other than national security" to
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"personal information held on tens of millions of people, from
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tax files to criminal convictions".16 To this single database
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the Home Secretary wants to add the DNA records of all
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suspected criminals - that is, of anyone arrested for any
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offence.17
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Then there is the information gathered and held by private
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organisations. Since 1979, financial confidentiality has been
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abolished in this country. A series of laws, culminating in
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the incorporation of the Money Laundering Directive, gives the
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authorities open access to our banking and other financial
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records. For the moment, these records are stored in
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databases outside the public network; and the authorities must
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still ask for them to be produced. But this is too great an
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inconvenience to be allowed in the long term.
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The same will soon be true for our shopping records. My
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weekly receipt from Asda gives an itemised breakdown of all
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that I buy there. It also carries my credit card account
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number. I have receipts from other shops that do the same. A
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few years more of falling hardware prices, and someone need
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only think it useful, and there will be no more shopping
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secrecy. Some of us, no doubt, will start paying in cash -
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especially for more personal items. But this will not long
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remain an alternative. The panic about money laundering is
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too strong: and there is too much talk about the smart card
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"e-purses" now being tested in America.
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Looking ahead, there are developments that can only now be
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imagined. At the moment, many of us must wear identity cards
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in our places of work. This helps the security staff. I have
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no doubt that someone will think it equally helpful for us to
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do the same in public. It will then be possible for digital
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video cameras to monitor and record identities from the
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wearers of interactive identity cards. Moving somewhat
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further ahead, it will be possible to match the faces of
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people caught on video to digital images stored centrally -
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thereby dispensing with much of the need for identity cards.
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This again is a matter of no more than storage space and
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processing speed.
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I see the progressive integration of every record ever opened
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on us - from our first weighing in the maternity ward to our
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assessed susceptibility to dying of heart disease. In this
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new order of things, an identity card must be seen not as a
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thing in itself, but as the key that each of us must carry to
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a vast electronic filing cabinet of information.
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Nothing to Hide, Nothing to Fear
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Now, I hear the mantra endlessly chanted against this sort of
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argument: "Those with nothing to hide have nothing to fear".
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We do not live in a police state, but in a democracy. We have
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independent courts and a free media. And I must admit that
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the present and likely extensions of surveillance are not the
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result of some evil conspiracy. Each extension can be
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justified by reference to some benefit. Once again, consider:
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* If I fall under a bus and am rushed to hospital, to
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imagine the value of a card that will give instant access
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to my blood group, my allergies, any other medical
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conditions that I may have, and my next of kin;
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* If some non-invasive way is discovered of verifying DNA
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against details centrally recorded, how it will save
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billions in credit card and social security fraud;
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* If a terrorist bomb explodes, to think how the police
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computers might scan the street videos for the past six
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months, identify everyone there and check for previous
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convictions, or anything suspicious in any other
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records - the purchase, perhaps, of garden fertiliser;
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* If a woman is raped and left for dead in a park, how it
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will be possible, even if the rapist wore a condom and
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left no other body fluids, to profile the population - to
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see who has a taste for violent images, as recorded by
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the book and video shops, who is shown by evidence from
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other sources to have a tendency to violence, and who
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lives within easy distance of the park, or whose
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movements took him close to there; and who, therefore, is
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likely to have committed the crime, and should be pulled
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in for questioning.
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Agreed, these are benefits. But everything has a cost. And I
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can think of two very plain costs involved in this scheme of
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total surveillance.
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First - Any government that is able to know so much about its
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subjects is able to single them out for persecution. Even
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paper identity cards have been repeatedly used for purposes
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that range between the vexatious and the murderous. Without
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details of religion stamped on their papers, the Jews of
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Central Europe would not have been so easily herded into the
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concentration camps. The same is true of the massacres in
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Rwanda: it was the word Tutu or Hutsi on identity cards that
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let the murderers find their victims. I am not suggesting
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that the British Government will turn this nasty. But there
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are other, gentler forms of persecution. At the moment, for
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example, smokers are sometimes being denied medical treatment
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on the NHS.18 There are suggestions for the licensing of
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childbirth, to bring an end to "irresponsible" procreation.19
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For the moment, we can lie when the doctors ask if we smoke.
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We can put on suits and smile at the social workers, and hope
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they will not guess what substances we once consumed, or what
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we still do in bed. But identity cards will make that harder
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where not impossible.
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Anyone who is happy to have every last detail of his life
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known to the Government is gambling on the future. We are all
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members of some minority: and there is nothing that we are
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and nothing that we do that is not unpopular with someone who
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is, or may one day be, in authority.
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"Those with nothing to hide have nothing to fear"? Well, this
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is fine enough for those who can believe that something about
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them presently innocuous will not one day be used against
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them, or their children or grandchildren. But who can
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infallibly believe this?
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Second - even if governments refrain from these mild
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persecutions, identity cards will tend to establish a
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despotism. This will not be openly horrible. It will in its
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outward appearance be gentle and reasonable. It will remain
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democratic, in the sense of allowing elections to office and
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the discussion of authorised topics. Its uses of power will
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be more or less in accord with public opinion. But it will
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allow no individuality.
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Even without other punishment, to be watched is often to be
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deterred. Most of us, after all, are quite timid. We do not
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pick our noses in public, or scratch our bottoms, or cast
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openly lustful glances, for fear of how we shall be regarded
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by the world. Shame is a natural, indeed a necessary feeling.
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But to let shame act as a restraint in all our doings means a
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return to the minute surveillance of village life from which
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our ancestors so gladly escaped. We are looking at a future
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world in which there will be no privacy, no anonymity, no
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harmless deception, in which we shall all live as if on a
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stage under the watchful eye of authority.
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This homogenising pressure will be reinforced by economic
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policy. The state I am imagining will not be socialist in the
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old sense, of central planning. There will be enough of a
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market to ensure minimal coordination. But this will not be
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enough to lift the economy from permanent recession, with high
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unemployment and periodic bursts of inflation - and, most
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importantly, few prospects of personal independence.
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Until quite recently, it was possible for many people to say
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and do almost as they pleased, free from any need to court or
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keep the good opinion of others. I think of Edward Gibbon. I
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think of Charles Darwin. I think even of Friedrich Engles.
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These were men who outraged the dominant opinion of their age,
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but whose independent means placed them beyond the effects of
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this outrage. Today, most incomes are earned, and all are
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heavily taxed. Few of us have time for dissenting
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speculation; and then we must take care not to upset our
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employers or customers beyond an often narrow limit.
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The combined effect of surveillance and economic dependence
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will be an invisible but effective control. There will be no
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definite formulation of what we must not do, no Act or article
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in a code against which protest might be made. Instead,
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people will come to realise that safety lies in trying to
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behave and to think exactly alike. The exposure consequent on
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doing otherwise will be too awful if vague to contemplate.
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There will, of course, be some exhibitionists, willing - and
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perhaps happy - to expose their lives to the interested
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scrutiny of others. But I will not think much of a world in
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which such people have become the only individuals.
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And the death of individuality will mean the end of progress.
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The causes of the mass-enrichments of the past three centuries
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are difficult to separate and weigh. But it is obvious that
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much is owed to individual genius. Think of the steam engine,
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the telephone, the aeroplane - even the computer: these have
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been much improved and cheapened by common ingenuity; but they
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all came in the first instance from the mind of some inspired
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individual or sequence of individuals who were often denounced
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in their own time as cranks or monsters, where not physically
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attacked. Cut down that tree of individuality - or, as I am
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now discussing, merely starve its roots - and it will blossom
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no more. The lack of overt regulation in this future state
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may delight the standard Thatcherites. But with an economy
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less formally hampered than the one in which the Internet has
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emerged, our descendants may sit as stagnant and self-
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satisfied as the Chinese were when the Jesuit missionaries
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first arrived.
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THREE: POSSIBLE RESTRAINTS
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For many, this will seem wildly pessimistic. I have entirely
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neglected the possibility of a legal and institutional
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framework in which the dangers of identity cards will be
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restrained. Roy Hattersley, for example, believes that the
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corrupt or domineering use of
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information - who was where, when - [c]ould be made
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a criminal offence.20
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Otherwise, we can have a privacy law, to let us say "no" to
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many demands for information, and give us legal redress
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against damaging uses of what information we must make
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available.
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It is, however, wishful thinking to suppose that the sinister
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potential of identity cards can be abolished by a few changes
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in the law. It is possible to establish a scheme in which
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information collected for one purpose cannot be used for
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another - so that a doctor could have access to medical but
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not shopping or tax records, and a Policeman access to details
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of criminal convictions but not of a sex-change operation. It
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is possible to make laws against the passing of information,
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or the means of obtaining information, to unauthorised
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persons.
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But the value of a unified database is that the information on
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it can be shared very widely. We can start with all manner of
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good intentions about limiting access. In practice, these
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will soon become a dead letter - at the insistence of those
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now calling for identity cards, and perhaps of those who now
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talk about restraints. Why should a hospital not have access
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to a patient's immigration status? Why not to his sexual
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inclinations? Why should the Police not be able to check what
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books a suspect has borrowed from the library, or what bus
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journeys he makes? Why should a Social Security official not
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have access to a claimant's tax and banking records, and
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details of spouse and children? Why should an insurance
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company not have access to a customer's medical records, to
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see what predisposition he may have to an expensive illness or
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early death? Why not to his shopping records, to see if he
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has filled out his lifestyle questionnaire truthfully? Why
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should a senior manager, in a "national champion" company not
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have access to the full range of a subordinate's private
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life - to see if he is drinking too much, or smoking, or
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taking bribes from a foreign rival, or putting on a wig to
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pick up sailors on a Friday night?
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I do not need to ask what pretence will be made for each
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specific knocking down of the original barriers. But, once
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the principle of identity cards has been conceded, it is a
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matter of time alone before everyone with a right to inspect
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part of the information to which they give access will have
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claimed and obtained a right to inspect the rest. And all
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else will follow from that.
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CONCLUSION
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As said, the present calls for an identity card scheme are
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unlikely to succeed. Too many Conservative MPs have promised
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to oppose them on principle - and have promised too vehemently
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for even politicians to back smoothly away. To others who
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have no principled objection, but who still cannot think of
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the poll tax without shuddering, cost may be a safe excuse for
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opposition.
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But only for the moment - not in the long term. On present
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trends, identity cards must come. That we do not yet have
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them is an aberration. It is like an area of the beach still
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dry long after the incoming tide has soaked all around it.
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The central database exists, and it is rapidly filling with
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new information. The full evil of surveillance will require
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identity cards, so that we and the information held on us can
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|
be conveniently matched. But there is evil enough now without
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|
them; and more will inevitably follow.
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|
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The only real salvation lies in recognising this fact. The
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|
great majority of those who are currently against identity
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|
cards take it for granted that a government large enough to
|
|
impose and use them is a good thing. They like the welfare
|
|
state, and have nothing against a large bureaucracy. But this
|
|
consensus must change. The one sure means of emptying the
|
|
database is to bring about a permanent reduction in the size
|
|
and power of the State. The welfare state must go. The war
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|
against drugs must be conceded. The snoops and regulators
|
|
must be sent looking elsewhere for jobs.
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|
|
|
Of course, what I am asking is that everyone who dislikes
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|
identity cards should endorse and start calling for the full
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|
Libertarian Alliance agenda. I cannot imagine that this will
|
|
ever happen. But I can still hope.
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|
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NOTES
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|
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1. George Jones, "Major backs ID cards to fight crime", The
|
|
Daily Telegraph, London, 8th June 1994; The Right Honourable
|
|
Michael Howard QC MP, Home Secretary, "Speech to the 111th
|
|
Conservative Party Conference, Thursday 13th October 1994",
|
|
Conservative Party News Release 759/94, p.15; Roy Hattersley,
|
|
"How Britain can solve its identity crisis", The Daily Mail,
|
|
London, 10th August 1994; Brian Hitchen, "ID cards for all",
|
|
The Sunday Express, London, 16th October 1994.
|
|
|
|
2. Sean Gabb, A Libertarian Conservative Case Against
|
|
Identity Cards, Political Notes No. 98, the Libertarian
|
|
Alliance, London, 1994, GBP2.40.
|
|
|
|
3. Source: "National identity card high on Tories' agenda",
|
|
The Independent, London, 10th September 1994.
|
|
|
|
4. Speech in Birmingham to the Council of Mortgage Lenders;
|
|
Source: Christopher Elliott, "ID cards 'will not reduce
|
|
crime", The Guardian, London and Manchester, 15th October
|
|
1994.
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|
|
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5. Hattersley, op. cit..
|
|
|
|
6. Ibid..
|
|
|
|
7. Hitchen, op. cit..
|
|
|
|
8. Charles Reiss, "Cabinet clash over ID cards hits Howard",
|
|
The Evening Standard, London, 11th October 1994.
|
|
|
|
9. Source: Alan Travis, "Conservatives at Bournemouth:
|
|
'Rubbish' cries greet Howard's ID card plan", The Guardian,
|
|
London and Manchester, 14th October 1994.
|
|
|
|
10. Sean Mac Carthaigh, "Californians ponder cost of a
|
|
proposition they didn't refuse", The Times, London, 2nd
|
|
December 1994.
|
|
|
|
11. Simon Davies, "Please may I see your identity card,
|
|
Sir?", The Daily Telegraph, London, 13th October 1994.
|
|
|
|
12. See Dr Edgar Whitley, "Too many errors on the cards",
|
|
Letters to the Editor, The Daily Telegraph, London, 12th
|
|
August 1994. The National Audit Office report mentioned was
|
|
reported in ibid., 22nd December 1993.
|
|
|
|
13. Source: "Hacker hunt after smear campaign", Computer
|
|
Weekly, London, 20th October 1994.
|
|
|
|
According to the Audit Commission, hacking and other computer
|
|
fraud are endemic. There are almost no controls on access to
|
|
sensitive data, and few intrusions are noticed until after
|
|
harm has been suffered: see the Audit Commision, Opportunity
|
|
Makes a Thief - An Analysis of Computer Abuse, Her Majesty's
|
|
Stationery Office, London, 1994.
|
|
|
|
14. Source: Richard Ford, "Ministers facing a minefield",
|
|
The Times, London, 14th October 1994.
|
|
|
|
15. The figure of five per cent was estimated by the
|
|
Australian Government in 1988, when it was considering an
|
|
identity card scheme. See Simon Davies, "Please may I see
|
|
your identity card, Sir", The Daily Telegraph, London, 13th
|
|
October 1994.
|
|
|
|
16. David Hencke and Richard Norton Taylor, "MI5 hacks its
|
|
way into privacy row", The Guardian, London and Manchester,
|
|
19th October 1994.
|
|
|
|
17. Howard, op. cit., p.13.
|
|
|
|
18. For details, see Petr Skrabanek, The Death of Humane
|
|
Medicine and the Rise of Coercive Healthism, The Social
|
|
Affairs Unit, London, 1994, p.123 et passim.
|
|
|
|
19. See Judy Jones, "Top doctor urges legal controls on
|
|
parenthood", The Observer, London, 7th August 1994. See also
|
|
Skrabanek, op. cit., pp. 158-59.
|
|
|
|
20. Hattersley, op. cit..
|
|
|
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|
E N D O F A R T I C L E
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A Journal of Classical Liberal and Libertarian Thought
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Production: Editorial:
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c/o the Libertarian Alliance 123a Victoria Way
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London SW1P 4NN London SE7 7NX
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Tel: **181 858 0841 Fax: **171 834 2031 E-mail: cea01sig@gold.ac.uk
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EDITOR OF FREE LIFE: SEAN GABB
|
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FOR LIFE, LIBERTY AND PROPERTY
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