Light Blue Touchpaper

Today sees the publication of a report by Professor Trisha Greenhalgh into the Summary Care Record (SCR). There is a summary of the report in the BMJ, which also has two discussion pieces: one by Sir Mark Walport of the Wellcome Trust arguing that the future of medical records is digital, and one by me which agrees but argues that as the SCR is unsafe and unlawful, it should be abandoned.

Two weeks ago I reported here how the coalition government planned to retain the SCR, despite pre-election promises from both its constituent parties to do away with it. These promises followed our Database State report last year which demonstrated that many of the central systems built by the previous government contravened human-rights law. The government’s U-turn provoked considerable anger among doctors. NGOs and backbench MPs, prompting health minister Simon Burns to promise a review.

Professor Greenhalgh’s review, which was in fact completed before the election, finds that the SCR fails to do what it was supposed to. It isn’t used much; it doesn’t fit in with how doctors and nurses actually work; it doesn’t make consultations shorter but longer; and the project was extremely badly managed. In fact, her report should be read by all serious students of software engineering; like the London Ambulance Service report almost twenty years ago, this document sets out in great detail what not to do.

For now, there is some press coverage in the Telegraph, the Mail, E-health Insider and Computerworld UK.

The coalition Government plans to keep the Summary Care Record, despite pre-election pledges by both the Conservatives and the Liberal Democrats to rip up the system – which is not compliant with the I v Finland judgement of the European Court of Human Rights.

Last year colleagues and I wrote Database State, a report for the Joseph Rowntree Reform Trust, which studied 46 systems that keep information on all of us, or at least a significant minority of us. We concluded that eleven of them were almost certainly illegal under human-rights law, and most of the rest had problems. Our report was well received by both Conservatives and Lib Dems; many of its recommendations were adopted as policy.

Old-timers may recall that back in 1996-7, many of us geeks supported New Labour enthusiastically, as Blair promised not to introduce key escrow. It took him almost a year to renege on that promise; it has taken the coalition less than a month.

Blair’s U-turn on key escrow in 1998 led to the establishment of FIPR, and a two-year fight against what became the RIP Act (where at least we limited escrow to the powers in part 3). What’s the appropriate response now to Cameron and Clegg?

It’s inconceivable that assurances given to farmers, or to soldiers, or to teachers would be tossed aside so casually. Yet half a million of us earn our living in IT in Britain – there’s a lot more of us than of any of them! And many people in other jobs care about privacy, copyright, and other digital issues. So do those of us who care about digital policy have to become more militant? Or do we have to raise money and bribe the ruling parties? Or, now that all three major parties are compromised, should we downgrade our hopes for parliament and operate through the courts and through Europe instead?

The book “Digital Activism Decoded: The New Mechanics of Change” is one of the first on the topic of digital activism. It discusses how digital technologies as diverse as the Internet, USB thumb-drives, and mobile phones, are changing the nature of contemporary activism.

Each of the chapters offers a different perspective on the field. For example, Brannon Cullum investigates the use of mobile phones (e.g. SMS, voice and photo messaging) in activism, a technology often overlooked but increasingly important in countries with low ratios of personal computer ownership and poor Internet connectivity. Dave Karpf considers how to measure the success of digital activism campaigns, given the huge variety of (potentially misleading) metrics available such as page impression and number of followers on Twitter. The editor, Mary Joyce, then ties each of these threads together, identifying the common factors between the disparate techniques for digital activism, and discussing future directions.

My chapter “Destructive Activism: The Double-Edged Sword of Digital Tactics” shows how the positive activism techniques promoted throughout the rest of the book can also be used for harm. Just as digital tools can facilitate communication and create information, they can also be used to block and destroy. I give some examples where these events have occurred, and how the technology to carry out these actions came to be created and deployed. Of course, activism is by its very nature controversial, and so is where to draw the line between positive and negative actions. So my chapter concludes with a discussion of the ethical frameworks used when considering the merits of activism tactics.

Digital Activism Decoded, published by iDebate Press, is now available for download, and can be pre-ordered from Amazon UK or Amazon US (available June 30th now).

Update (2010-06-17): Amazon now have the book in stock at both their UK and US stores.

In the very first paper I wrote on ATM fraud, Why Cryptosystems Fail, the very first example I gave of a fraud came from the case R v Moon at Hastings Crown Court in February 1992. Mr Moon was a teller at the TSB who noticed that address changes weren’t audited. He found a customer with over £10,000 in her account, changed her address to his, issued a card and pin, and changed the address back. He looted her account and when she complained, she wasn’t believed.

It’s still happening, most recently to a customer of the Abbey. Bank insider issues extra card, steals money, customer blamed – after all, chip and pin is infallible, isn’t it? Expecting banks to keep decent logs might be too much; and I supppose it’s way too much to expect bank fraud staff to read the research literature on their subject.

Last night’s documentary Erasing David shows how private eyes tracked down a target by making false pretext telephone calls to the NHS. By pretending to be him they found out when he and his wife were due to attend an ante-natal clinic, and ambushed him as he came out.

The NHS has form on this. Back in 1995 the BMA got me to draw up guidelines for dealing with phone calls; they appeared in the BMJ on Jan 13 1996. When staff at the N Yorks Health Authority were trained to follow these guidelines, they found 30 false-pretext calls a week. When the BMA reported this to the Chief Medical Officer and asked him to implement the protocol throughout the NHS, he was furious at our interference in “his” admninistrative procedures. The NYHA was ordered to stop. I told the story in my book.

I have long considered it unacceptable for the NHS to continue to ignore operational security. The new electronic record systems at a number of hospitals give receptionists access not just to appointment details but to clinical data too. So things are significantly worse than in 1996, and new national systems such as the SCR will compound the problem. The next secretary of state needs to get his act together.

I’ve written enough over the years about people who tried and failed to get money back from banks after seeing transactions on their accounts that they did not recognise. Now I’ve had to go through the process myself.

I got a refund from the NatWest after a dodgy debit appeared on the credit card my wife uses. The bank’s dispute resolution mechanism turned out to be unserviceable, but we got the money back promptly when we sued them in the small claims court. The story is, I believe, an instructive one for people interested in bank security or payment systems regulation.

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It used to be simple to explain how browsing works. You type a link into the browser, the browser asks a DNS server at your ISP to translate the human-friendly hostname into the IP address of the web server, and then the browser contacts the server with an HTTP request requesting the page that you want to view.

It’s not quite that simple any more — which is rather bad news for the National Enquirer, the US tabloid which decided, three years or so ago, following a brush with the UK libel laws, that it would not publish a UK edition, or allow visits to its website from the UK. Unfortunately, the Enquirer’s blocking is no longer working as effectively as it used to.

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Last night’s Panorama looked at the issue of unlawful filesharing and the proposals within the Digital Economy Bill that the UK Government thinks will deal with it.

The Open Rights Group has criticised the programme for spending too long examing the differences of opinion among music makers, and too little time talking about rights — perhaps that’s an inevitable side effect for fronting the programme with Jo Whiley, a Radio One DJ. This probably increased the audience amongst the under-30s who do a great deal of the file sharing; and for whom this may be the first time that they’ve had the bill’s proposals explained to them. So lose some, win some!

The programme had a number of stunts : they slowed down the broadband of a student household (not only was their MP3 going to take 13 weeks to download, they found they couldn’t effectively look at their email). They got a digital forensics expert to look at a family’s computers, finding copies of LimeWire (tricky stuff forensics!) and portraying this as a smoking gun for unlawfulness. The same expert camped outside the student house and piggybacked on their WiFi (apparently by employing a default password on their broadband router to authorise themselves to have access).

You can also see yours truly:

demonstrating an anonymity network (it was in fact Tor, but I’d done a little tweaking to ensure that its standard discouragement of file sharing activity didn’t have any impact) : and showing that a Bit Torrent tracker stopped recording me as being in Cambridge, but placed me at the Tor exit node in Germany instead.

I argued that as soon as large numbers of people were getting in trouble for file sharing because they were traceable — then they wouldn’t stop file sharing, but they would stop being traceable.

All in all, within the limitations of a 30-minute prime-time main-channel show, I think the Panorama team provided a good introduction to a complex topic. You can judge for yourself (from within the UK) for the next 7 days on the BBC iPlayer, or in three parts on YouTube (I’m two minutes into part 3, at least until a web blocking injunction bars your access to what might well be an infringement of copyright).

As I mentioned a few days ago, the security services have some concerns about the Digital Economy Bill:

If evading blocking systems becomes a mainstream activity (and there’s said to be 6-7 million illegal file sharers in the UK) then it will be used, almost automatically, by subversive groups — preventing the spooks from examining the traffic patterns and comprehending the threat.

There seems to be some confusion about quite what is worrying the security services. Last October, The Times reported that “both the security services and police are concerned about the plans, believing that threatening to cut off pirates will increase the likelihood that they will escape detection by turning to encryption”, and this meme that the concern is encryption has been repeated ever since.

However, I think that Patrick Foster, the Times media correspondent, got hold of the wrong end of the stick. The issue isn’t encryption but traffic analysis.

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For the past few months the Digital Economy Bill (DEB) has been quietly making its way through the House of Lords. As is the way of these things, large numbers of amendments have been proposed, their lordships have had a series of mini-debates on each set of issues, and the Government have been busily amending the Bill in an attempt to fix all the things that they didn’t think through properly.

The main thrust of the DEB’s approach to dealing with unlawful file sharing of copyright material has been a “three strikes” policy. That is, should you be detected to be sharing some popular beat combo’s music without permission, then on the first two occasions you’d receive an admonishing letter, and on the third time then you would be subject to “technical measures” (ie: very slow Internet speeds) or disconnection, the latter doubtless annoying the rest of your family as they would be unable to visit DirectGov / keep up their social life / catch-up TV shows / do their homework / avoid being sacked from their work-from-home job!

However, the Government are concerned that this won’t be enough, and that unlawful sharing of copyright material might occur in new ways in future. So in clause 17 of the DEB they set out a scheme for amendment (in ways that would be decided as future circumstances required) of the Copyright, Designs and Patents Act 1988 through secondary legislation.

It is unusual to grant such open ended powers to amend primary legislation, because Parliament would be presented with an unamendable statutory instrument and invited to vote for it — no such SI has been defeated in the House of Lords since 2000, and the time before that was in 1968.

There was an outcry over the breadth of clause 17, and so the Government set out amendments to restrict it — but last week peers voted for an opposition amendment (120A) to have an alternative arrangement altogether, a regime of High Court injunctions that would force ISPs to block websites.

This is such a dumb (and dangerous) idea that it has all the characteristics of a wrecking amendment, added to the Bill just to eat up parliamentary time so that the whole Bill will fall at the dissolution for the upcoming election.

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