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Steven C. Bennett

DIY Anonymity on the Internet

2/27/2013 44 comments
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A recent fashion show in London presented Stealth Wear, meant to explore "the potential for fashion to challenge authoritarian surveillance."

Featuring an "anti-drone hoodie," to thwart thermal imaging, with an "off pocket" to mask mobile phone location signals, these fashion accessories may exemplify a larger trend -- the drive to find personal means to maintain anonymity in response to ever more powerful and ubiquitous methods used to track our activities, both licit and illicit.

Undercover Chic
This Adam Harvey Anti-Drone Scarf, which retails for  GB pound 370.00 (about $561), is part of the designer's Stealth Wear collection, available now. (Source: Adam Harvey)
This Adam Harvey Anti-Drone Scarf, which retails for £370.00 (about $561), is part of the designer's Stealth Wear collection, available now.
(Source: Adam Harvey)

Privacy-enhancing technologies (known as PETS) have existed for years, but the development of popular anonymity applications appears to be accelerating. For example, TOR -- the onion router so named because of its layering effect -- uses a circuit of proxy servers to prevent tracking of Internet usage. The system, originally designed for the military, launched for public usage in 2005. Snapchat, a disappearing-photo sharing service, started less than two years ago, and claims more than 50 million users per day, inspiring similar apps from other sources.

By 2012, moreover, several free anti-tracking applications (services designed to prevent electronic profiling on the web) garnered hundreds of thousands of users. These apps include services such as DoNotTrackMe, Ghostery, AdBlock Plus, and TrackerBlock by Privacy Choice.

A host of additional systems, including disappearing email and messaging, search engine de-optimization (which, essentially, make it harder to find information about a user through web searches), and cheap or free encryption methods, already exist or are in development.

When used responsibly, these technologies can enhance the user's experience. Surveys, such as Ponemon's 2012 Most Trusted Companies for Privacy report, suggest growing public concern about protection of personal information. In Ponemon's study (which American Express won in both 2012 and 2011), only 35 percent of respondents believe they have control over their personal information, a result that has steadily trended downward over the years. Thus, methods for protecting user-privacy may be essential to maintain growth of Internet usage. And several international political movements have benefitted from the ability to escape censorship and restrictive monitoring by authoritarian governments.

But these technologies also present a dark side. Drug dealing, terrorism, and the exchange of child pornography are only some examples that suggest, in the wrong hands, anonymity technologies could pose a serious threat to law enforcement and national security. Although President Barack Obama's recent State of the Union address mentioned cybersecurity initiatives, we may be overdue for a serious discussion of the role of PETS in the balance between civil liberties and the public order.

Related posts:

— Steven C. Bennett is a partner in the New York City offices of international law firm Jones Day. The views expressed are his, and should not be attributed to Bennett's firm or clients.

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I have seen some commentators suggest that Great Britain is among the "most surveilled" of all societies (e.g., security cameras quite frequently used).  I wonder whether we create a "new normal" in a society with pervasive surveillance.  Might political speech / action (e.g., demonstrations) be suppressed if there was a danger that every move and every word could be recorded and traced to you?  At some point, even without State action to suppress non-conformist behavior and speech, a form of self-censorship might develop.  And, in that environment, might it become a form of iconoclastic resistance to attempt to avoid all surveillance, no matter whether for good or ill purposes?  Sort of like going Vegan, or moving to Walden pond. 

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Interesting that the fashion show you discuss took place in London. When rioting broke out in 2011 in London (I was there on vacation) it was amazing to see the impact of so many cameras.  By day 2 of the riots the papers were publishing photos of rioters (http://www.dailymail.co.uk/news/article-2024120/London-riots-2011-suspects-Photos-released-know-looters.html) and the police opened up hotlines for people to report who the rioters were.  Family members turned in their own.  People even turned themselves in - hoping for some leniency.

Online and offline security is no easy topic - but I don't believe that tools/clothing like this has too many honest applications.

scbennett
Thinkernetter
Sunday March 3, 2013 12:17:23 PM
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One issue that seems to motivate this new technology: much of surveillance (and this is probably a rapidly increasing trend) is unknown to the individual.  Think of the ability to "track" movements and searches across web-sites; and the near-ubiquitous security and traffic cameras.  It is not so much the express screening techniques (at the airport, for example), but the surveillance you cannot see, that may be of concern.  Keep in mind, too, that with increasing use of drone technology (small, quiet, nearly undetectable), there may be an "eye in the sky" everywhere you go.  Couple that with things like facial recognition software, and you have the makings of some serious privacy concerns. 

shehzadi
IQ Crew
Saturday March 2, 2013 12:48:05 PM
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@scbennett...I think such anti-surveillance appreal or clothings certainly have their advantages but the point is...who all are the ones whose privacy is being intruded by certain agencies. Infact a common citizen is not all the time surveilled with infra imaginers of electromagnetic emissions. If some individuals were targetted on that account than certainly there would have been a reason to it. My concern is a little more that that, anti-surveillance clothings might be used by some nefarious elements to achieve their ulterior motives. They should not be made available in commonplace market. They have got to be used by specialized people for specialized operations. 

mtechie
IQ Crew
Saturday March 2, 2013 10:25:31 AM
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@Kicheko if that's the case, I think I will avoid these security products if it means a frisk search! Yikes.
scbennett
Thinkernetter
Friday March 1, 2013 3:31:58 PM
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"Reasonable suspicion," as a basis for police intervention (stop and question, stop and frisk, or a warrant for search or arrest) is a fact-specific concept.  Taking steps to avoid detection (much like use of aliases and code words) might be one indicator of a basis for suspicion.  There is a somewhat famous case in New York, where the question was whether a suspect running away from a police officer was suspicious.  The judge initially held that running away from the police, in some neighborhoods, is normal.  So, the question with anti-surveillance devices / software might become: is it "normal" to use such things to hide activity and identity?  Or, does it tend to indicate some form of unlawful activity?  The existence of physical devices in one's home or car might also be a basis for suspicion.  There are cases involving suspects with "burglary tools" (e.g., crowbars) in their possession. 

Alison Diana
Thinkernetter
Friday March 1, 2013 3:13:11 PM
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Do you mean, Steven, if you were found to be using one of these devices if you or your property was physically searched? Or are you suggesting that this type of device would ever be tracked, like guns? I'm guessing the former. 

scbennett
Thinkernetter
Friday March 1, 2013 10:22:13 AM
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One interesting point: the use of surveillance-avoiding technologies, in theory, might be used by law enforcement as an indicator of evasion of inquiry.  Ironically, that might mean that those who use such techniques become subject to more scrutiny. 

Alison Diana
Thinkernetter
Friday March 1, 2013 9:58:53 AM
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I agree! Locally, they actually passed a "baggy pants" rule, outlawing this style of clothing a few towns over from me. The council voted not to enact it though because they figured they'd be in court and the cops had no idea how they'd enforce it! It would be challenging to know whether one of these scarves was "anti-drone" or just someone bundled up against a northeastern snowstorm!

dcawrey
IQ Crew
Friday March 1, 2013 8:11:28 AM
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The first thing I thought of when reading this are the potential impacts that this would have on our digital life. Yes, I do believe that these technologies will become enormously popluar. But the downside is that we can't predict how certain individuals will use them for nefarious purposes. 

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