Identity Management Then and Now: The SAP MaXware story

Today I find myself on a short consultancy visit at the King Abdullah University of Science and Technology (KAUST) in Saudi Arabia for leading local SAP partner RFID Saudi est.  The University is busy integrating different business systems like SAP HR (HCM) and the Student administration system (SCLM) to its portal, email system and Active Directory.

KAUST1

King Abdullah University of Science and Technology (KAUST) in Saudi Arabia

Many people in the Identity and Access Management Industry best know me as Managing Director of MaXware UK until the 2007 SAP acquisition. In fact I was part of the five person core management buy-out team, that acquired the company from EDB Business partners in Norway five years earlier. Today wind forward another five years and I was pleased to get the opportunity to get my hands dirty again in a slightly more technical role than usual. This enabled me to see for myself how much has changed in the look and feel of the old IdentityCenter and Virtual Directory products relabelled SAP NetWeaver IDM.

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A bit of IDM history

First of all I should explain that when we started Maxware, I believe the term Identity Management hadn’t been invented yet. We called our product a ‘Meta Directory’, a term first introduced by Canadian company Zoomit Corporation. At least I assume this as their managing director Kim Cameron was known in those days as the ‘daddy’ of all Meta Directories. When Microsoft acquired Zoomit in 1999 Kim became Microsoft’s chief architect for identity and privacy. How much remains of the original Zoomit product in Microsoft’s Forefront Identity Manager (FIM) I am not sure.

The second major acquisition that shaped the Identity Management market took place on June 25th, 2002 and concerned IBM’s acquisition of one of MaXware’s main competitors, also hailing from Norway, called Meta Merge. The product is now known as Tivoli Identity Management (TIM). Then on 03 September 2002, IBM acquired all assets of Access360 and thus Tivoli Access Management (TAM) was added to complete the IAM portfolio.

Finally when Oracle created its OIM offering, they gobbled up a succession of companies in this space including  OctetString (OVD), Thor (OIM) and Oblix (OAM).
Dave Kearns observed in Network world :

The major driver for SAP, of course, is the competition from Oracle. When Larry Ellison annexed PeopleSoft, after PeopleSoft acquired J. D. Edwards, the battle line was drawn. Oracle’s successful integration of its identity management acquisitions – Phaos Technology, Thor Technology, OctetString and others – meant that SAP would have to acquire or develop similar technology or forever be on the defensive, or subject to the mercies of technology partners, when competing with Oracle for customers.”

 So here we have set the scene. David Kearns mentions BMC Software, Computer Associates, HP and Sun as other big-name companies companies that have at least in part bought their way into this field.

Before that time large organisations, that needed this technology, had to buy it from small innovative independent software vendors like MaXware. Novell was the only one among them that thought they were big enough to make it on their own.  Now I rarely read about them. I read in WikiPedia that thousands of layoffs were announced by current owner Attachmate for the Novell workforce, including hundreds of employees from their ProvoUtahValley center. Maybe they should have been a bit less conceited and a bit more co-operative when it mattered in those early years?

There have also been notable exits out of the IDM market like HP, proving to corporate IT purchase managers, that size isn’t always what it is cracked up to be.

SAP IDM the first 5 years

I know its getting on to six years since the MaXware acquisition, but most of the first year tends to be spent changing PowerPoint presentation templates and letter heads, organisational reshuffling and usually not much more. It was funny to see all the SAP identity store fields still begin with the trusted MX- prefix. Some of the original developers are still there from the original 1995 team. Plus ça change……

In the IDM market place SOX compliant provisioning became more of a business driver than data synchronisation between directories and data bases. The extension of the identity store with a provisioning framework and a role model complete with privileges is undoubtedly the major enhancement in this period. Also the .php web based user interface was replaced by SAPS own Web Dynpro programming tool, giving clear separation of business logic and display logic that big MaXware customers like T-OnLine had been demanding for years. Existing SAP users will probably stick with access through the SAP portal for user self service and role approvals . Some screen shots can be seen in the gallery below.

architecture

Provisioning now and provisioning then

When the term provisioning became ‘en vogue’ and customers started asking me if we did provisioning I said: “Sure we provision, we do ldapAdd and ldapDelete as well as ldapModify to keep corporate data in sync. What we didn’t tell them that our method always tried to do an ldapModify first and if the object wasn’t found we just created it in a second pass. The effect was the same.

If customers asked us if we had SAP connectors out of the box we were economical with the truth. We simply used iDocs reports and parsed them as simple delimited text files, applying our MD5 based delta mechanism to detect any changes.

Today’s provisioning connectors are much more sophisticated.  No longer do we overwrite the entire record if our delta hash suggests something has changed. Our changes in target systems are much more atomic and at attribute level.

MaXware’s Virtual Directory provided SAP with the ideal common provisioning middleware for passing identity data to and from target systems like Microsoft’s Active Directory. A light weight event agent simply monitors the directory’s unique sequence numbers (USN) to see if anything of identity interest has changed there.

The integration with HR (SAP HCM) and SAP GRC works on the same principles.

However on some other more obscure ABAB systems like SLCM, SAP clearly has more work to do! For instance they haven’t implemented methods, whereby an APAB system can send alerts to an external systems like IDM, when attribute changes occur, records are added or deleted.

They also don’t have a unique change number like AD which IDM can monitor using event-agents. Therefore, currently the only way we seem to build a connector of sorts, is to use the  generic ‘Business-Suite-Connector’ and generate reports of changes from such systems and enable the aforementioned trusted MaXware delta mechanism, either on the from pass or the to-pass.  You can imagine this may cause some performance issues, when large data sets need to be handled.

In conclusion, much has been achieved during the last five years since SAP took over the reigns at MaXware, but the school report also says: “Could do better in some areas!”

Furthermore being part of a huge organisation like SAP the level of documentation training and support is second to none, which is why I find it strange why this solution hasn’t moved an inch up in the Gartner ‘Magic Quadrant’ for provisioning. This is the subject of a previous blog post which WordPress statistics tell me is my most widely read to date!

Below some screen captures of the user interface of SAP NetWeaver IDM

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Some random thoughts on Human Rights, to set the scene for discussion on a new Human Rights Action Plan in Suffolk.

Human Rights are not binary; Human Rights Policy is not about the case if an individual has them or is denied them. We instinctively know that with Human Rights it’s usually about finding the right balance between some basic individual rights like privacy as opposed to competing rights of groups which are often about security. 

The police operate in this precarious field of competing tensions. This is why the Justice system is often represented by a blind folded lady holding a sword and a pair of scales. But scales tend to flip quite dramatically if overloaded on one side or the other. It may be better to think of human rights in terms of some form of pressure gauge.  We have all seen films where some heroic captain saves the day, by telling his engine room to temporarily go in the red. Sometimes such macho behaviour saves the day. At other times ignoring warning bells can mean people get unnecessarily hurt.

To protect Human Rights we have to draw some lines in the sand. Again I make the analogy deliberately because when a security storm breaks loose, a line in the sand can be blurred and has to be redrawn from time to time to remember were it is supposed to be.

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Police Complaints as Indicator of Human Rights being under police pressure. How does Suffolk fare?

Criminals don’t like the police like Turkeys don’t like Christmas. Once convicted, they generally have not much to gain from complaining about their arrest.  When innocents get arrested however, they tend to be much more vociferous about their treatment. If such complaints are not dealt with properly by the police, to the already aggrieved this can feel like adding insult to injury. According to a recent article in the Telegraph[1] the personal details of 15 million people, a quarter of the population of Britain will be held on various police databases. The Police National Database launched in 2012 holds the records up to six million apparently innocent people. This violates several data protection principles. To many this feels like Big Brother out of control.

The number of complaints a police force like Suffolk Constabulary receives from the public each year and the percentage upheld by the Independent Police Complaints Commission (IPCC) is a Key Performance Indicator (KPI) on the state of Human Rights. Nick Hardwick, who was the first Chair of the IPCC from 2002 to 2010, said he hoped that Police and Crime Commissioners (PCCs) would look at that data and hold Chief Constables to account for the number of complaints, the number of overturned recording decisions and the number of appeals upheld. The IPCC could play an important role in helping PCCs to interpret its statistics and develop actions for improvement he said to a Home Office Select Committe[2].

Nationally public confidence in the police has been shaken by recent events: Operation Yewtree, Operation Alice, the Hillsborough Inquiry, Operation Elveden and Operation Pallial all have cast doubt on police integrity and competence.

This corresponds to my personal experience in the way Ipswich police handled my dispute with the husband of a police employee. If police officers pretend to be civilians in Downing Street, why could not the same happen in an Ipswich park?

Role of the Independent police Complaints Commission(IPCC)

The unfavourable Police headlines are accompanied with a corresponding rise in complaints made against the police by the general public and in turn by the number of such complaints upheld by the IPCC.  In percentage terms Suffolk Constabulary with 46% of IPCC complaints upheld fares much worse than the national average of 38% [2]

Evidence submitted to the same Select Committee highlighted, that although police forces like Suffolk Constabulary have a legal duty to comply with IPCC directions and Statutory guidelines, there appears to be absolutely no enforcement, or enforcement mechanism. It is clear in my case study, that our Chief Constable knows this and is exploiting the system. Instead of reinvestigating my counter complaint as suggested by the IPCC, he sends it to Norfolk [3] for a so called ‘independent’ review.

Note: This clearly is a practice that has to stop in view of the evident collaboration between Suffolk Constabulary and Norfolk Constabulary. Note shared letterhead!

Recent High profile ECtHR and Supreme Court cases

Some of complaints make it all the way to the Court of Human Rights in Strasbourg (ECtHR), an organisation the UK signed up to by treaty. Note that the UK does not have a ‘Bill of Rights’ to speak of, not one suitable for the 21st century anyway. Most notably the 2008 case of Marper and S. [4] and the 2012 case of M.M. v. the United Kingdom [5] held that the police had got the balance between the right to a private life of individuals and protecting the general public from crime completely wrong. Note that the Informational Commissioner (IC) has pretty much said the same to the Chief Constable of Humberside Police and others in a highly controversial appeal [6]. Although the police won this on appeal it didn’t do them any favours and parliament is now discussing proposed legislation much more in line with the IC’s thinking.

In reaction to a changing public mood and spurred on by the UK Supreme Court [7], the coalition government introduced the Protections of Freedoms ACT (PoFA) enacted in May 2012. Also in November 2012 we saw elections for the newly created post of Police and Crime Commissioners (PCC) for England and Wales. Together these measures were created to make the police more answerable to the democratic will of the people of England, Wales and Northern Ireland. Respect for Human Rights is at the core of this.

The remainder of this paper will mainly address Article 8  Privacy issues

The reaction of the Association of Chief Police Officers (ACPO) to Human Rights criticism.

The response of ACPO to recent Human Rights Court rulings that have gone against them with regards to the retention of the DNA of innocents and the retention of minor PNC records has been compared by Shami Chakrabarti, director of civil rights group Liberty, as follows: “This isn’t necessarily a complete two fingers to the court of human rights but it comes pretty close. A BigBrotherWatch report [8] of June on the same subject solicited headlines like: “UK Police Clueless on DNA Databases” In the same report’s key findings Suffolk Constabulary is held out as a poor example.

Suffolk Constabulary collected 17,465 samples and has deleted only 4.

 After the Marper and S. ruling in December 2008 in Strasbourg Suffolk Constabulary added 17,465 further profiles to NDNAD of which they now have to delete approximately 8,400 innocents by September. And whereas BigBrotherWatch Freedom of Information requests revealed his colleagues in Cambridge already deleted 1687 of such illegally held records in anticipation, Chief Constable Ash managed just four in the same period, or now including mine possibly five it seems.

How did this mess get started?

In short, a new section inserted by Criminal Justice Act 2003 slipped in a paragraph that a non-intimate sample may be taken from an individual without the appropriate consent if “two conditions” are satisfied. The conditions are listed as firstly, the individual is in “police detention in consequence of his arrest for a recordable offence” and secondly, a sample of the same type and from the same part of the body has not already been taken, or if it has been taken, it proved insufficient. The exhaustive and complete nature of the two conditions would suggest that in the latter case the oversight of the inspector is not required to take the sample without consent, even though the individual has only been arrested and not charged.

When answering a Suffolk resident’s request for erasure of his/her DNA profile and associated record of arrest, police lawyers like Suffolk Council’s Timothy Earl, has argued in the past, that somehow the Chief Constable is ‘bound’ by the decision of the house of lords in R (Marper) v Chief Constable of South Yorkshire Police [2004] 1 WLR 2196 to hang onto all this DNA and associated records for dear life.

This is a gross distortion of the law as it is written. Especially take note of the word ‘may’ in the text of the law. It doesn’t say ‘must’. There was never and there isn’t to this date an obligation for the police to take the DNA of anyone who for example suffers the indignity of being falsely accused of a recordable offence. But because the law makers used the word ‘may’ this gives the police a fig leave of an excuse to violate Human Rights and Data Protection Principles ‘at will’. With hindsight this sloppy wording could be compared to giving vampires the key to the NHS blood bank. The police was quick to abuse their new found powers so that they are now more familiar with the much abused caution quoting ‘necessity for a prompt arrest’ than ‘anything you say may be given as evidence’ when arresting people to get their hands on more DNA. Especially young black man [9] bear the brunt of this DNA collection mania with 77% finding themselves on NDAD. A huge Racial bias!

The use of the power [of arrest] must still be fully justified under Human Rights laws and officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means. Arrest must never be used simply because it can be used. Absence of justification for exercising the powers of arrest may lead to challenges should the case proceed to court. When the power of arrest is exercised it is essential that it is exercised in a non-discriminatory and proportionate manner.

There is a second use of the word ‘may’ involved. This one is contained in Section 64(1A) of PACE which was enacted by section 82 of the Criminal Justice and Police Act 2001. It is still in force. It basically says: DNA samples ‘may’ be retained after they have fulfilled the purposes for which they were taken. Note again this does not confer ‘an obligation’ on the police to do so, but again they think its lets them off the hook and that they don’t have to justify themselves in relation to the breaking of data protection principles or human rights act provisions. In other words: It gives them a fig leaf.

The 2011 Supreme Court ruling took this fig leaf away leaving the police exposed,   especially  in the way they condemned the Association of Chief Police Officers for drawing up ‘exceptional’ guidelines which are unlawful because they are incompatible with article 8 of the ECHR. Unfortunately the Supreme Court ruling granted no other relief. This had to wait for the enactment of the Protections of Freedoms Act in May 2012. Again, after much dragging of ACPO heals, this will finally receive commencement orders as late as September 2013.

If you have nothing to hide, you have nothing to fear?

Many press articles about Britain’s discredited National DNA data base (NDNAD) have appeared since the Marper and S. ruling. Reading the ‘comments’ section below such articles, you will always see the unwavering support of the usual ‘nothing to hide – nothing to fear’ brigade of do-gooders. Have these people had no history lessons? What of the millions slaughtered by Stalin and Hitler? Just have a look at what the Nazi invaders did with the helpful ‘stippenkaart’ the Amsterdam civic administration left them at the start of World War II: Dots on a map showing where they could easily round up the Jews. And all done with originally good intentions to build schools for a religious minority.

Illustration from the 'Resistance museum' about war time Amsterdam

Illustration from the ‘Resistance museum’ about war time Amsterdam

Illustration from the ‘Resistance museum’ about war time Amsterdam where misguided information collected by the municipality aided the Nazi’s in rounding up innocent Jews.

Note also the emerging pattern of the DNA lobby, world wide, to gradually shift from boasting how many ‘extra crimes’ expanded DNA data bases would solve (which it won’t), towards claiming, like the National Policing Improvement Authority (NPIA DNA data base and me (bullet 3) does in the UK, that “Every second, the DNA data base eliminates thousands as suspects to crimes.” Well big deal! GeneWatch among others have thoroughly debunked figures bandied about as propaganda by the DNA lobby in the Association of Chief Police Officers (ACPO). All these illegally held records seem to do, is clog up the system and create false positives! This is a basic law of statistics when it comes to naturally occurring things like matching DNA profiles. If you don’t believe me just read the WikiPedia article on the birthday paradox. This naturally occurring phenomenon is especially problematic for certain ethnic groups in society. Researchers at the Universities of Washington and California at Berkeley show that false familial identification may be more likely for individuals with particular genetic backgrounds; for example, in the USA, those of Asian or Native American descent.

Recently even a heavy weight publication like ‘The Economist ‘weighed in with cautionary arguments. It seems DNA profiling and analysis is not as infallible as our DNA lobbyists would have us all believe: Forensic lab staff may “subliminally interpreted ambiguous information in a way helpful to the prosecution.” That is, if the labs aren’t shut down through lack of funding in a further bizarre twist to this sorry saga.

On February 8th, 2013 the BBC reported that the Home Office select committee hearing evidence on the state of UK forensic science was told by expert witnesses that “[The] UK is currently locked into outdated technology that is more than 10 years old.” and “When you start to combine and compare very large data-sets within and between countries, [the current UK system of] seven markers might not be enough to exclude adventitious matches.” In other words chances of false positives implicating innocent citizens is now a realistic prospect further endangering UK Human Rights.

Deborah Orr, columnist with the Independent newspaper was even more direct in her comments. In an article ‘A lazy and prejudiced approach to crime’ she wrote: “A society in which the police sit around, waiting for crimes to be committed that would fit the profile of their ever-growing pool of suspects if only they weren’t too busy taking DNA from as many people as they could to do a scene of crime check, is just a lazy, dumb and prejudiced one.”

Cold statistics do not bear out any of the exaggerated claims by politicians like shadow Home Secretary Yvette Cooper. The present home office minister Lord Henley put people like her in their place when he remarked in the House of Lords: “Since 2001, more than 4 million people have been added to the DNA database, yet despite that the number of DNA detections has fallen from 33,000 to just over 26,000 in 2009-10. There has been a vast growth in the hoarding of people’s DNA but a decline in the number of convictions. That is an important thing to remember”…

Is collecting DNA from innocents a good use of scarce police resources?

At a reported £40 a pop, the fact that Suffolk Constabulary now has to delete in excess of 8,400 DNA profiles of innocents shows an immediate waste of £336,000.

This money could have been better spent forensically investigating more crime scenes (only a tiny minority currently are) and not shutting down crime labs like the FSS, our national centre of forensic excellence which fictionally we all came to admire on TV series like ‘Silent Witness’.

After commencement orders for the Protections of Freedoms Act will finally be given, nationally substantial savings will be achieved by no longer hoarding six million DNA test tubes in huge banks of freezers. The rear guard New Labour and ACPO action being fought to prevent this from happening, is just a sign of these zealots being sore losers. Why has Chief Constable Ash only erased Mr Lasance’s DNA in November 2012 after filling volumes of files with previous refusal letters?

A Home office committee heard from two expert mediators4, who suggested that substantial cost-savings could be achieved at the same time as increasing public satisfaction with the Police by applying mediation and restorative justice techniques to these kinds of complaints against Article 8 violations by the police. That means saying sorry for mistakes and Human Rights violations early in the process, rather than fighting IPCC directions tooth and nail. Nobody respects sore losers!

What is the impact on Community Policing Initiatives?

Tim Passmore quote[10]: “I believe that neighbourhood policing is the cornerstone of policing” and “Treatment of victims is central to building public trust and confidence in policing. Victims will be more confident in policing if they feel their case has been properly dealt with.” Surely this applies as much to victims of crime as victims of police incompetence and corruption. Nobody expects the police never to make a mistake. Only by staying firmly behind a station desk could police mistakes be 100% avoided.

The problem with the policy of the last ten years; of taking DNA first and asking questions later; is the detrimental effect it has had on community policing initiatives.

No wonder arrested people in Suffolk are nowadays more familiar with a police officer mumbling the words ‘necessity for a prompt arrest’ rather than the often quoted ‘anything you say may be given in evidence and can be held against you in a court of law’. By mumbling these ACPO weasel words a police officer can throw pages of caution in the wind as spelled out in the Police and Criminal evidence Act. After all you cannot informally ask a community member ‘what seems to be the problem Sir?’ and then afterwards ask: “IS it OK to stick a Q-tip in your face Sir?”

The PCC also said: “I am directly accountable to the electorate and I intend to remain accessible and accountable to members of the public who will be able to contact me directly.” But he seems to think that refusing to erase a record of arrest along with illegally held DNA profiles and samples is just ‘an operational matter for the police’.

Lord Henley [11] informed parliament of a now forgotten ACPO promise in this respect:

As your Lordships may be aware, the Association of Chief Police Officers has already issued guidance to forces in the light of the Supreme Court judgment earlier this year in the case of GC & C v the Commissioner of Police of the Metropolis. ACPO issued a letter on 16 June to chief officers which said that,

“if the biometric data is deleted or destroyed, then there is no need-and therefore no justification-for the retention of the arrest record on the Police National Computer. Therefore, if the biometric data is to be deleted or destroyed, then so must be the arrest record on the PNC”.


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What is Identity?

Best wishes for 2013!

Over the next days/weeks I am migrating some chapters of a book on Identity management  I started writing in 2007 from my server pages at www.traction-avant.co.uk.  I have to admit the layout is better there until I figure out the right HTML formatting to use on WordPress.

Enjoy, I hope,  for those who have not seen this material yet. Marcus

Chapter 1 What is Identity?

This book chapter in the making,by its very nature, is mainly concerned with the
management of ‘Digital Identity’, but I thought
it would be wise to first take a small diversion and look into the meaning of ‘Identity’
in philosophy. The reason is clear. Philosophers have pondered about identity
and what makes things or persons the same or different from others far longer
than practitioners of the relatively young science of Information and
Communication Technology (ICT). Taking on board some of their well debated
conclusions may save the ICT practitioner from making fundamental errors
implementing digital identity.

The first thing I learned while researching this chapter is that
mostly philosophers have an entirely different meaning of the word Identity in their
head than your average IT professional or citizen concerned about privacy
matters. In philosophy identity basically means the ‘sameness’ of two things,
where in IT we seem to be more concerned about the ‘differences’ between things
and how to keep things apart.

What did the Greek philosophers Plato and Aristotle have to
say about identity? What does modern philosophy add to the debate, especially
the 17th century thinkers Descartes, Leibniz and Locke, who are
often quoted on matters of identity? What has more recently been occupying the
philosophical literature on identity? From the 1950’s onward the subject of ‘The
Identity Theory of Mind’ has become very popular once more. This theory holds
that states and processes of the mind are identical to states and processes of
the brain and so in effect disputes the existence of a separate soul housed in
a temporary vessel of flesh. It is not hard to see how with technological
advances in brain scanners (computerised tomography and magnetic resonance
imaging) it would not be long before philosophers tried to prove or disprove
that touchy point again.

In this book in the main I am not dealing with the
sense of identity that a self-conscious being may have on reflecting about its
own existence. Of course philosophers do talk a lot about identity in this
second sense also, and I will touch upon this subject in this chapter
occasionally. However this is not a self-help book or a book on corporate
branding. If you thought it was, now is the time to return the book to your
supplier and ask for a refund!

Identity ‘It’s all in the mind’

Since the earliest times, Chinese emperors and Egyptian pharaohs
serve as great examples; man has imagined that their afterlife will be similar
to their life on earth. They imagined or were told by priests that their
identity would somehow persist in the afterlife. They arranged to be buried
with the items that they found useful in their lifetime. Some food, weapons. His
favourite concubine(s) if the emperor felt lucky. The Emperor of Qin (Qin Shi
Huang) in 210-209 BC had an army of more than 8000 terracotta soldiers with
real weapons buried in pits around his mausoleum to protect him in the after
life. It didn’t do him much good. A year after his death a rebel army broke
into his mausoleum, smashed the soldier figures and with the weapons thus
captured overthrew the dynasty he founded.

Plato (429-347 BC)

Plato is a good place to start any philosophical discussion
on identity. In Parmenides during the ‘One is many’ and ‘many is one’
debate, he argues the case to death, that there is a real distinction within
each thing between its unchanging eidos (essence, idea, form) and the
constantly changing outward appearance or particulars of a thing or man or
animal (colour, shape, age, size).

If we adopt the definition (see chapter 2) of Identity as ‘a set of claims’ about
a thing or person, then we can see a good fit here. The Identity of a thing or
person then becomes the set of attributes (what colour, what shape, how old,
what size a thing or a man is) that allows us to uniquely recognize or
re-identify that man or thing, but don’t confuse the two! You can give your
credit card or user name/password away but not your identity!

Figure 1 Bust of Plato (429-347 BC)

Figure 1 Bust of Plato (429-347 BC)

What Plato wrote in Parmenides: (He used a dialogue
between his old teacher Socrates and his friends to explain things)

“While Socrates was speaking, Pythodorus thought that
Parmenides and Zeno were not altogether pleased at the successive steps of the argument;
but still they gave the closest attention and often looked at one another, and
smiled as if in admiration of him. When he had finished, Parmenides expressed
their feelings in the following words:

Socrates, he said, I admire the bent of your mind
towards philosophy; tell me now, was this your own distinction between ideas in
themselves and the things which partake of them? and do you think that there is
an idea of likeness apart from the likeness which we possess, and of the one
and many, and of the other things which Zeno mentioned?

 

I think that there are such ideas, said Socrates.

 

Parmenides proceeded: And would you also make
absolute ideas of the just and the beautiful and the good, and of all that
class?

 

Yes, he said, I should.

 

And would you make an idea of man apart from us and
from all other human creatures, or of fire and water?

 

I am often undecided, Parmenides, as to whether I
ought to include them or not.

 

And would you feel equally undecided, Socrates, about
things of which the mention may provoke a smile?-I mean such things as hair, mud,
dirt, or anything else which is vile and paltry; would you suppose that each of
these has an idea distinct from the actual objects with which we come into
contact, or not?

 

Certainly not, said Socrates; visible things like
these are such as they appear to us, and I am afraid that there would be an
absurdity in assuming any idea of them, although I sometimes get disturbed, and
begin to think that there is nothing without an idea; but then again, when I
have taken up this position, I run away, because I am afraid that I may fall
into a bottomless pit of nonsense, and perish; and so I return to the ideas of
which I was just now speaking, and occupy myself with them.

 

Yes, Socrates, said Parmenides; that is because you
are still young; the time will come, if I am not mistaken, when philosophy will
have a firmer grasp of you, and then you will not despise even the meanest
things; at your age, you are too much disposed to regard opinions of men. But I
should like to know whether you mean that there are certain ideas of which all
other things partake, and from which they derive their names; that similars,
for example, become similar, because they partake of similarity; and great
things become great, because they partake of greatness; and that just and
beautiful things become just and beautiful, because they partake of justice and
beauty?

 

Yes, certainly, said Socrates that is my meaning..”[i]

Plato also was probably one of the first to argue a
systematic concept of people having a separate body and mind or soul[ii], or whatever you like to call it.
Plato called it nous, the immortal, rational part of the soul. Plato,
like Descartes, saw the mind as identical with the soul. However, unlike
Descartes, Plato argued in Pheado that the soul both pre-existed and
survived the body, going through a continual process of reincarnation. We see
the same concept of reincarnation in the Hindu Religions of India. The Greeks
probably borrowed the idea from them. Reincarnation literally means “to be
made flesh again”.

Figure 1 According to Hinduism, every living being is an eternally existing spirit (the soul or the self). Upon physical death, this soul passes from one body to another in accordance with the laws of Karma and reincarnation. Image copyright BBTI

Figure 2 According to Hinduism, every living being is an eternally existing spirit (the soul or the self). Upon physical death, this soul passes from one body to another in accordance with the laws of Karma and reincarnation.

What Plato wrote in Pheado: (Again he used a dialogue
between his old teacher Socrates and other friends to explain things)

“I reckon, said Socrates, that no one who heard me now,
not even if he were one of my old enemies, the comic poets, could accuse me of idle
talking about matters in which I have no concern. Let us, then, if you please,
proceed with the inquiry.

Whether the souls of men after death are or are not in the world below, is a
question which may be argued in this manner: The ancient doctrine of which I
have been speaking affirms that they go from this into the other world, and
return hither, and are born from the dead. Now if this be true, and the living
come from the dead, then our souls must be in the other world, for if not, how
could they be born again? And this would be conclusive, if there were any real
evidence that the living are only born from the dead; but if there is no evidence
of this, then other arguments will have to be adduced.”[iii]

Aristotle (384- 322 BC)

Later in this book I will be discussing at length Kim
Cameron’s ‘Six Laws of Identity’, but the first ‘law of Identity’ is generally attributed
to Aristotle rather than to Kim and takes on a rather different meaning. In
logic, a branch of philosophy, Aristotle’s 1st law of identity is
formulated as:

‘A = A’

The law is linked to a phrase in Metaphysics Book VII, Part
17 where Aristotle seems to be asking himself ‘why a thing is itself’ and
pointing out it’s a meaningless discussion. However we have to place this
discussion in the context of a larger debate relating to substance and form of
matter. Aristotle was the first to distinguish between matter (hyle) and form
(morphe). According to Aristotle, all objects in the terrestrial realm
(“substances” he called them) are composites of form and matter. Aristotle
adopted Empedocles’ and Plato’s list where matter consists of four elements -
earth, water, air and fire – and argued that these combine in various
proportions to produce all ‘things’. Identity again becomes equal to a kind of
recipe of ingredients or ‘set of claims’. Aristotle also introduces the concept
of essential and accidental properties a thing or man can have. Accidental
properties being attributes a thing can loose without loosing its essence.
Essential properties being the converse. All Greek philosophers agreed that
having a ‘soul’ was an essential property of being a human being and that
animals had none. Having only one leg is accidental.



What Aristotle said:

17

“Let us state what, i.e. what kind of thing, substance
should be said to be, taking once more another starting-point; for perhaps from
this we shall get a clear view also of that substance which exists apart from
sensible substances. Since, then, substance is a principle and a cause, let us
pursue it from this starting-point. The ‘why’ is always sought in this
form—’why does one thing attach to some other?’ For to inquire why the musical
man is a musical man, is either to inquire—as we have said why the man is
musical, or it is something else. Now ‘why a thing is itself’ is a meaningless
inquiry (for (to give meaning to the question ‘why’) the fact or the existence
of the thing must already be evident-e.g. that the moon is eclipsed-but the
fact that a thing is itself is the single reason and the single cause to be
given in answer to all such questions as why the man is man, or the musician
musical’, unless one were to answer ‘because each thing is inseparable from
itself, and its being one just meant this’; this, however, is common to all
things and is a short and easy way with the question). But we can inquire why
man is an animal of such and such a nature. This, then, is plain, that we are
not inquiring why he who is a man is a man. We are inquiring, then, why
something is predicable of something (that it is predicable must be clear; for
if not, the inquiry is an inquiry into nothing). E.g. why does it thunder? This
is the same as ‘why is sound produced in the clouds?’ Thus the inquiry is about
the predication of one thing of another. And why are these things, i.e. bricks
and stones, a house? Plainly we are seeking the cause. And this is the essence
(to speak abstractly), which in some cases is the end, e.g. perhaps in the case
of a house or a bed, and in some cases is the first mover; for this also is a
cause. But while the efficient cause is sought in the case of genesis and
destruction, the final cause is sought in the case of being also.

 

The object of the inquiry is most easily overlooked
where one term is not expressly predicated of another (e.g. when we inquire
‘what man is’), because we do not distinguish and do not say definitely that
certain elements make up a certain whole. But we must articulate our meaning
before we begin to inquire; if not, the inquiry is on the border-line between
being a search for something and a search for nothing. Since we must have the
existence of the thing as something given, clearly the question is why the
matter is some definite thing; e.g. why are these materials a house? Because
that which was the essence of a house is present. And why is this individual
thing, or this body having this form, a man? Therefore what we seek is the
cause, i.e. the form, by reason of which the matter is some definite thing; and
this is the substance of the thing. Evidently, then, in the case of simple
terms no inquiry nor teaching is possible; our attitude towards such things is
other than that of inquiry.[iv]

Figure 3 Aristotle (384-322 BC)

Figure 3 Aristotle (384-322 BC)

Thomas Aquinas (1226 -1274)

Throughout the Middle Ages the main goal of scholastic philosophers
like St Thomas Aquinas seems to have been to reconcile the teachings of the Greek
philosophers with the teachings of the church and what was written as the
gospel truth in the bible. The question whether the soul was united to the body
continued to vex scholastic thinkers. What about the resurrection of the dead?
What is this problem? The problem begins with biblical texts asserting that we
will have the same body at the Resurrection as we did in this life. If a
missionary is eaten by a cannibal, then that could present a bit of a problem
of course. The medieval philosopher might argue that the cannibal having
committed a deadly sin doesn’t qualify for heaven. Until the ‘age of enlightenment’
to say anything that deviated too far from the teachings of the Catholic Church
could get a philosopher in serious trouble.

What Thomas Aquinas (1226 -1274) said:

Chapter II

 

“In composite substances we find form and matter, as in
man there are soul and body. We cannot say, however, that either of these is
the essence of the thing. That matter alone is not the essence of the thing is
clear, for it is through its essence that a thing is knowable and is placed in
a species or genus. But matter is not a principle of cognition; nor is anything
determined to a genus or species according to its matter but rather according
to what something is in act. Nor is form alone the essence of a composite
thing, however much certain people may try to assert this. From what has been
said, it is clear that the essence is that which is signified by the definition
of the thing. The definition of a natural substance, however, contains not only
form but also matter; otherwise, the definitions of natural things and
mathematical ones would not differ. Nor can it be said that matter is placed in
the definition of a natural substance as something added to the essence or as
some being beyond the essence of the thing, for that type of definition is more
proper to accidents, which do not have a perfect essence and which include in
their definitions a subject beyond their own genus. Therefore, the essence
clearly comprises both matter and form.

.”[v]

Descartes (1596-1650)

In the 17th century, the French philosopher René Descartes came
up with the “explanation for it all”: “Cogito ergo sum”, he
famously said. “I think, therefore I am. But what am I?” Descartes asked. “A
res cogitans, a ‘thinking (or conscious) thing’, he replied.”

Figure 4 René Descartes (1596-1650)

Figure 4 René Descartes (1596-1650)

What Descartes wrote:

“A res cogitans is a thing which doubts, which
understands, which affirms, which denies, which wants, which does not want,
which also imagines and which perceives. Admittedly, that is a great deal of
properties if they all belong to my nature. But why would they not belong to
it? Am I not the very one who doubts almost everything, who nevertheless understands
and conceives of certain things, who asserts and affirms that those things
alone are true, who denies all other things, who wants and desires to know more
about them, who does not want to be deceived, who imagines many things, even
involuntarily, and who also perceives many things as if by the intermediary of
the body’s organs? How can any of that be a less veritable fact than the
certainty that I am and that I exist, even if I were still asleep and even if
He who gave me life used all his strength to deceive me? Further, is there any
of these attributes that can be distinguished from my thought (consciousness)
and that could be claimed to be separate from me? For it is so entirely clear
that it is I who doubt, who understands and who desires, that there is no need
to add anything else to explain it. Furthermore, I so certainly have the power
to imagine, for, although it may happen … that the things I imagine are not
true, it is nevertheless the case that this power to imagine does not cease to
be really within me and forms a part of my thought (consciousness). Finally I
am the one who perceives, i.e. receives and knows things through the sensory
organs, since in fact I see light, I hear sound, I feel heat.”
[vi]

Leibniz (1646–1716)

What Leibniz has to say on Identity is extra interesting
because he also features in the list of inventors of digital mechanical
calculators which led ultimately to the development of today’s electronic
digital computers. His mechanical calculating machine was apparently capable of
multiplication, division, and root extractions. The binary system, foundation
of virtually all modern computer architectures, is attributed to him. In 1679
he wrote, ”Despite its length, the binary system, in other words counting with
0 and 1, is scientifically the most fundamental system, and leads to new
discoveries. When numbers are reduced to 0 and 1, a beautiful order prevails
everywhere.” Leibnitz was both a philosopher and a mathematician. Rest assured,
he never wrote about digital identity. He is better known for what has come to
be known as Leibniz’s Law or ‘The Identity of Indiscernibles’. This principle
seems to be first hinted at in Section 9 of his 1686 ‘Discourse On Metaphysics’
(See text box below). Leibniz stated his Principle of Identity of
Indiscernibles however in several other places, but only in few of them he gave
arguments for it. One such place is his correspondence with Clarke[vii]. Another such place is in his paper
entitled Primary Truths.

Leibniz stated that no two distinct substances exactly
resemble each other. What this means is that no two objects have exactly the
same properties, not even two identical ball bearings. The Identity of
Indiscernibles is of interest because it raises questions about the factors
which individuate qualitatively identical objects.[viii] Individuation means that which
makes one thing not identical with another –yet another form of the matter v.
form debate that had been raging since Plato and Aristotle and continues till
today. As mentioned before, Aristotle was the first to distinguish between
matter (hyle) and form (morphe). The scholastics made Individuation one of
their most important problems to solve. Bertrand Russell[ix] states the problem as follows:
“Among the properties of individual things, some are essential, others are
accidental; the accidental properties of a thing are those it can lose without
losing its identity- such as wearing a hat if you are a man. A step taken by
Leibniz, was to get rid of the distinction between essential and accidental
properties. We thus have instead of ‘essence’, all the propositions that are
true of a particular thing in question.” Leibniz held that it is impossible for
two things to be exactly alike in this sense. This is his principle of ‘Identity
of Indiscernibles’. Later this principle was criticized by physicists, who
argued that two particles of matter might differ solely as regards to position
in space and time. I won’t even try to explain Einstein’s theory of relativity
here.

Section 27 of the same paper ‘Discourse On Metaphysics’ by
Leibniz is interesting because it forms a link between the thoughts of Plato on
Identity and John Locke discussed next. It is at the core of the whole acrimonious
‘Nature or Nurture debate’ with regard to Identity. In other words: is the
‘soul’ a blank tablet or is our personality and in some ways our identity for a
large part inherited through our genes and pre-determined?

What Leibniz wrote

“I infer from [the Principle of Sufficient
Reason]…that there are not in nature two real, absolute beings, indiscernible
from each other; because if there were, God and nature would act without
reason, in treating the one otherwise than the other; and that therefore God
does not produce two pieces of matter perfectly equal and alike (L V, 21)” [x]

 

IX: That every individual substance expresses the
whole universe in its own manner and that in its full concept is included all
its experiences together with all the attendant circumstances and the whole
sequence of exterior events.

 

“There follow from these considerations several
noticeable paradoxes; among others that it is not true that two substances may
be exactly alike and differ only numerically, solo numero, and that what St.
Thomas says on this point regarding angels and intelligences (quod ibi omne
individuum sit species infima) is true of all substances, provided that the
specific difference is understood as Geometers understand it in the case of
figures; again that a substance will be able to commence only through creation
and perish only through annihilation; that a substance cannot be divided into
two nor can one be made out of two, and that thus the number of substances
neither augments nor diminishes through natural means, although they are
frequently transformed. Furthermore every substance is like an entire world and
like a mirror of God, or indeed of the whole world which it portrays, each one
in its own fashion; almost as the same city is variously represented according
to the various situations of him who is regarding it. Thus the universe is
multiplied in some sort as many times as there are substances, and the glory of
God is multiplied in the same way by as many wholly different representations
of his works. It can indeed be said that every substance bears in some sort the
character of God’s infinite wisdom and omnipotence, and imitates him as much as
it is able to; for it expresses, although confusedly, all that happens in the
universe, past, present and future, deriving thus a certain resemblance to an
infinite perception or power of knowing. And since all other substances express
this particular substance and accommodate themselves to it, we can say that it
exerts its power upon all the others in imitation of the omnipotence of the
creator.”

 

 

XXVII: In what respect our souls can be compared
to blank tablets and how conceptions are derived from the senses.

 

Aristotle preferred to compare our souls to blank
tablets prepared for writing, and he maintained that nothing is in the
understanding which does not come through the senses. This position is in
accord with the popular conceptions as Aristotle’s positions usually are. Plato
thinks more profoundly. Such tenets or practicologies are nevertheless
allowable in ordinary use somewhat in the same way as those who accept the Copernican
theory still continue to speak of the rising and setting of the sun. I find
indeed that these usages can be given a real meaning containing no error, quite
in the same way as I have already pointed out that we may truly say particular
substances act upon one another. In this same sense we may say that knowledge
is received from without through the medium of the senses because certain
exterior things contain or express more particularly the causes which determine
us to certain thoughts. Because in the ordinary uses of life we attribute to
the soul only that which belongs to it most manifestly and particularly, and
there is no advantage in going further. When, however, we are dealing with the
exactness of metaphysical truths, it is important to recognize the powers and
independence of the soul which extend infinitely further than is commonly
supposed. In order, therefore, to avoid misunderstandings it would be well to
choose separate terms for the two. These expressions which are in the soul
whether one is conceiving of them or not may be called ideas, while those which
one conceives of or constructs may be called conceptions, conceptus. But
whatever terms are used, it is always false to say that all our conceptions
come from the so-called external senses, because those conceptions which I have
of myself and of my thoughts, and consequently of being, of substance, of
action, of identity, and of many others came from an inner experience.”[xi]

Figure 5 Gottfried Wilhelm Leibniz 1646 – 1716

Figure 5 Gottfried Wilhelm Leibniz 1646 – 1716

John Locke presents us with a philosophical approach from

the 17th century, which is still relevant today: In his Essay
Concerning Human Understanding
published in 1690 John Locke writes: “To
find wherein personal identity consists, we must consider what person stands
for; — which, I think, is a thinking intelligent being, that has reason and
reflection, and can consider itself as itself, the same thinking thing, in
different times and places.” In other words ‘persistence’ is a key attribute of
Identity. I as a teenager still have the same identity as I as a middle aged
man. I am the same conscious being, I only wish I still had the body of the
eighteen year old I once was. John Locke was also a great educationalist and
his ideas and methods of teaching youngsters with an emphasis on training in
wisdom and virtue rather than on information as the main object of education is
still considered ‘modern’ today.

What Locke wrote:

6. The identity of man.

This also shows wherein the identity
of the same man consists; viz. in nothing but a participation of the same
continued life, by constantly fleeting particles of matter, in succession
vitally united to the same organized body. He that shall place the identity of
man in anything else, but, like that of other animals, in one fitly organized
body, taken in any one instant, and from thence continued, under one
organization of life, in several successively fleeting particles of matter
united to it, will find it hard to make an embryo, one of years, mad and sober,
the same man, by any supposition, that will not make it possible for Seth,
Ismael, Socrates, Pilate, St. Austin, and Caesar Borgia, to be the same man.
For if the identity of soul alone makes the same man; and there be nothing in
the nature of matter why the same individual spirit may not be united to
different bodies, it will be possible that those men, living in distant ages,
and of different tempers, may have been the same man: which way of speaking
must be from a very strange use of the word man, applied to an idea out of
which body and shape are excluded. And that way of speaking would agree yet
worse with the notions of those philosophers who allow of transmigration, and
are of opinion that the souls of men may, for their miscarriages, be detruded
into the bodies of beasts, as fit habitations, with organs suited to the
satisfaction of their brutal inclinations. But yet I think nobody, could he be
sure that the soul of Heliogabalus were in one of his hogs, would yet say that
hog were a man or Heliogabalus.

9. Personal identity.

This being premised, to find wherein personal identity consists, we must
consider what person stands for;- which, I think, is a thinking intelligent
being, that has reason and reflection, and can consider itself as itself, the
same thinking thing, in different times and places; which it does only by that
consciousness which is inseparable from thinking, and, as it seems to me,
essential to it: it being impossible for any one to perceive without perceiving
that he does perceive. When we see, hear, smell, taste, feel, meditate, or will
anything, we know that we do so. Thus it is always as to our present sensations
and perceptions: and by this every one is to himself that which he calls self:-
it not being considered, in this case, whether the same self be continued in
the same or divers substances. For, since consciousness always accompanies
thinking, and it is that which makes every one to be what he calls self, and
thereby distinguishes himself from all other thinking things, in this alone
consists personal identity, i.e. the sameness of a rational being: and as far
as this consciousness can be extended backwards to any past action or thought,
so far reaches the identity of that person; it is the same self now it was
then; and it is by the same self with this present one that now reflects on it,
that that action was done.

11. Personal identity in change of substance.

That this is so, we have some kind of evidence in our
very bodies, all whose particles, whilst vitally united to this same thinking
conscious self, so that we feel when they are touched, and are affected by, and
conscious of good or harm that happens to them, as a part of ourselves; i.e. of
our thinking conscious self. Thus, the limbs of his body are to every one a
part of Himself; he sympathizes and is concerned for them. Cut off a hand, and
thereby separate it from that consciousness he had of its heat, cold, and other
affections, and it is then no longer a part of that which is himself, any more
than the remotest part of matter. Thus, we see the substance whereof personal
self consisted at one time may be varied at another, without the change of
personal identity; there being no question about the same person, though the
limbs which but now were a part of it, be cut off. [xii]

Figure 6 John Locke (1632 - 1704)

Figure 6 John Locke (1632 – 1704)

Identity Theory of Mind

Identity Theory of Mind is a theory in philosophy dating
back to the 17th century, which pretty much claims that mental
events are identical to the physical events in the brain with which they are
correlated. The theory further developed in the 1950s and is associated with
such philosophers as J.J.C. Smart[xiii],
U.T. Place[xiv]
and Herbert Feigl[xv].
These and later identity theorists were especially influenced by new research
into brain functions, enabled by technological advances in brain scanners
(computerised tomography and magnetic resonance imaging for example) that
suggested that different parts of the brain seemed to be associated with
different feelings.

Give two people a simple pain stimulus and the same parts of
their brain light up on the scanning equipment. Initially a great discovery
maybe, but soon there proved to be a problem with this theory as it was tested
on more complex stimuli. If you take the simple example of showing a card of a
red bus to two people: To the first it may bring back unhappy memories because
once he was annoyed about missing a bus for an important meeting, while to
another person the image of a red bus may bring back a pleasant memory from a
holiday trip to London.

So the Identity Theory of mind was further refined into sub
schools of Type-Type, Type-Token and Token-Token theory to answer some of the
criticisms. Type Identity Theory maintains that there is a correlation between
certain types of brain states and certain types of mental states only. So what
else is going on? Token Identity Theory holds that mental states and brain
states are in fact the same, but no individual state is the same as the next:
They are all individually unique. This accounted for the fact that after some
neurological damage in the brain in rare cases other parts of the brain could take
over that function. This theory developed further into functionalism as
represented by Hillary Putnam in 1967 when he wrote He writes: “I propose
the hypothesis that pain, or the state of being in pain, is a functional state
of a whole organism.”[xvi]
Functionalism compares the brain more to a modern electronic computer. A pocket
calculator and a PC spreadsheet internally use very different stored programs
to come to the conclusion that 2 + 2 = 4. Nobody worries anymore how they
arrive at the result.

What Hillary Putnam wrote:

“I shall assume the notion of a Probabilistic Automaton
has been generalized to allow for “sensory inputs,” and “motor
outputs”–that is, the Machine Table specifies, for every possible
combination of a “state” and a complete set of “sensory
inputs,” an “instruction” which determines the probability of
the next “state,” and also the probabilities of the “motor
outputs.” (This replaces the idea of the Machine as printing on a tape.) I
shall also assume that the physical realization of the sense organs responsible
for the various inputs, and of the motor organs, is specified, but that the
“states” and the “inputs” themselves are, as usual,
specified only “implicitly”–i.e., by the set of transition
probabilities given by the Machine Table…..”
[xvii]

I once heard a very interesting thesis brought forward by
Arie de Geus[xviii],
the author of ‘The living company’. He suggested that somewhere along the
evolution path between animals and humans, man acquired the ability for permanent
storage and retrieval of his experiences of ‘escaping attack’ or ‘foraging for food’
in such a way that during his periods of inactivity (rest or sleep), the human
brain would continue to process these images over and over again but always
using slightly different scenarios evaluating the success of different possible
outcomes. So imagine if you will a caveman having survived a confrontation with
a sabre tiger and having dreamt and re-dreamt his lucky escape in hundreds of
different circumstances. The next time Cave Man meets Sabre Tiger, he
instinctively knows what to do, because he has evaluated over and over again in
his dreams that the best thing to do if he is near a tree, is to climb in it or
If there is no tree nearby to run like hell. Now picture the alternative of an image
of rabbit frozen in a car’s head lights and you see what a tremendous
evolutionary advantage this ability for contingency planning gave to the human
race.

According to De Geus, Swedish Research of MRI scans of the
human brain while dreaming provided real evidence that such repeating brain
patterns are indeed happening when we are dreaming. Naturally each external
stimulus and each ‘Dream of a stimulus’ produces a slightly different pattern
on the MRI scanner, because no person has had exactly the same experiences in
life, or has had the same number of dreams about them. So maybe that’s what
gives us humans each our unique identity? We just have to consider the number
of different possible moves after a number of standard openings in a chess game
to intuitively know this could be true. The hypothesis put forward by De Geus
therefore fits perfectly in the Token-Token variety of the theory of mind.

So is our consciousness and Identity just a reflection of
billions of neurons firing away in our skull or is it separate from it in a way
that there is at least a chance that we may continue our conscious life in the
hereafter?

Identity Theories in popular culture

Putnam also raised a point that there was no reason to
suppose that somewhere in the universe, maybe on a different planet, there might
be a different life-form capable of being in the same mental states as human
beings (e.g. capable of feeling pain) without being in the same physical-chemical
brain state ( e.g. one that correlates with pain in mammals). Take that thought
one step further and why wouldn’t these aliens have a sapient soul as well? Sci-Fi
writer Piers Anthony in his 1978 Cluster trilogy imagined just that. He
introduces us to the concept of ‘kirlian aura’, a life force present in all
creatures but stronger in humans than other mammals and like IQ in geniuses in
some humans exceptionally strong where others have a weak aura. In his book
Kirlian Quest the hero figure ‘Herald the Healer’ has such a strong aura that
he can let his personality (or his identity if you will) jump to another person
and straighten them out. Somewhere in the history of this future world the
inhabitants of sphere Sol have worked out that intelligent beings from other
planets have this ability also and can use it for interplanetary travel. They would
use a receptive body on earth with a low kirlian aura to become temporary host
to these envoys from remote worlds. It offers a whole new explanation for the phenomena
of split personalities and possession. The witches we burned at the stake in
the middle ages might have been ambassadors from another galaxy! The amazing
thing about this theory is that Piers Anthony in one swoop has come up with an
answer for the restrictions of travelling at light speed brought up by Einstein
and has overcome the practical difficulties of how we would communicate with
aliens without needing advanced computers translating speech instantaneously
etc. The mind taking over the alien host body naturally falls into local mode
of communication. When Herald does his own spot of space travelling using
Kirlian Aura transfer, he ends up on a watery planet where whale and dolphin-like
creatures communicate using sonar waves and another time ends up on ‘Disc
world’ where he merrily rolls around the plains of that planet on a set of
wheels spinning his little communication disc.

What Piers Anthony wrote:

‘We have ascertained that this person is an alien
creature occupying a human body.’ The minister of Alien spheres said formally.
‘His Kirlian field is extremely intense, on the order of eighty times human
normal and its pattern is unlike anything we have on record. We believe he is
what he claims to be: an envoy of a non-Sol sphere.’

The ministers of the imperial Earth Council
contemplated the subject. There was little to distinguish the alien. He was
male, of normal height, about thirty years old, in good health. There were no
telltale emanations from his eyes, extraordinary nuances of expression, or any
visible aura. He was just an ordinary man – with a bright tattoo on his right
wrist.

That tattoo was the mark of a recipient body:
mindless, empty, without personality. Even without the Kirlian verification,
the intelligent animation of his body was highly significant. Only a freak
accident could have done it- or alien possession. For there was no known way to
forge a Kirlian imprint, and Sol lacked the technology to transfer identity
from one body to another.
[xix]

In the TV series ‘Star Trek’ the Enterprise’s chief engineer
(Beam me up Scotty) famously refused to use the space ship’s Teletransporter
himself. He was afraid that when you were beamed down to the surface of some
planet from starship Enterprise, it might leave behind something crucial: Your
Identity! The same theme re-appears In the 1986 film ‘The fly’ where a
brilliant scientist has invented “Telepods” similar to those used in
Star Trek. Something goes horribly wrong, when the main character uses himself
as a guinea-pig in a matter transmission experiment and his genes are fused
with an ordinary fly that was trapped with him in the Telepod. Seth, now finds
himself slowly transforming into a terrifying mutant creature half human half
fly. In the Matrix trilogy of films (a version of Putnam’s ‘Brain in the Vat’
thought experiment) directors the Wachowski Brothers take separation of mind
and body to yet a different level leaving the audience imagining that given
enough computing power we could all end up being character players in a
gigantic computer simulation.

Conclusion and summary Chapter 1

When talking about identity Management in Information and
communication Technology, what are the problems we are trying to solve and how
could philosophy possibly help?

In ICT we are interested in the general issue of the
identity of things (including human beings in so far as they are things
existing in a world of things). We want to uniquely identify them so that in
some circumstances we can positively say that two things are the same, or are
different attributes of the same thing, while in other circumstances we want to
know for certain that two things are different even though some of their attributes
may be the same. We do this usually as a prelude to determining a ‘membership’ or
a ‘rights’ issue: Does this person have access to a certain application? Does
this data belong to a certain class of data? We are also increasingly
concerned about ethical issues relating to privacy and the unauthorised joining
of data collected for different purposes.

Philosophers have been thinking about identity and debating identity
principles, logic and ethics among peers for much longer than IT architects. I
think we as IT professionals have much to learn from philosophers and I would
like to think philosophers would welcome the opportunity of collaborating and
contributing to the project that is becoming to be known as building ‘the
Identity Meta System’ (See next chapter). When we start our discussions with
philosophers about ‘identity’ it will be useful to clarify our terminology
right from the start, as half the time philosophers have something entirely
different in mind when they speak about Identity. Sometimes they speak about the
most ultimate questions of our existence: who are we, and is there a life after
death? Other times they speak about identity as one thing being exactly the
same as another thing and use complex logic to prove a simple point. In general
philosophers will think more about the ‘sameness’ of things, while IT
professionals are concerned mainly about ‘differences’ in Identity.

I think IT’s obsession with pin pointing unique differences
between identities, stems from the birth age of computers when Random Access
Memory (RAM) was prohibitively expensive. IT practitioners from the ‘old
school’ like me have been educated during a time when ‘computer memory’ was scarce.
This encouraged us to write code that was sparse and efficient, rather than
logical and well laid out. ‘Data redundancy’ (another word for ‘sameness’) was
a dirty word. This type of thinking led us in the sixties and seventies to
leave out the ‘19’ in 1953, my birth year, thinking that our code would never
survive till the end of the century anyway and thus creating the ‘millennium
bug’. When designing the identity Meta System of the future, we should be wary
not to make similar mistakes because of false perceptions of what is important.
Philosophers might help keep our eyes on the ball.

When we get to popular culture we see that Sci-Fi writers
and film directors often have the ability to think even further outside the box
on Identity than philosophers. In films like ‘Face Off’, ‘Blade Runner’, ‘The
Fly’ and many others they jolt our firmly held believes on identity out of
kilter in a more dramatic way than philosophers ever will.

The problem we have is that while only a Turing type of test
with many interwoven psychological and knowledge questions may lead us to truly
discover a person’s or thing’s identity, in ICT we just don’t have the time or
reason for this deep analytical philosophical probing every time we need to
establish a person’s identity. We need irrefutable proof, preferably in
milliseconds, without compromising security that the user has the identifying
attributes to give him/her certain access rights.

Computer security experts have long advocated a three
pronged approach in establishing a person’s identity: They recommend verifying something
you are, something you know plus something you have.”

‘Something you are’ can be verified by Biometrics,
like a finger print reader or an iris scanner. Face recognition is something
the philosophers already warned against as the way we look is a constantly
changing property and this is borne out by well documented[xx] failures of such systems tested by
police and airport security. Popular films like ‘Minority report’ have illustrated
in graphic detail, the theoretical vulnerability of other biometrics: Fingers
can be removed and moments later used to gain access to a building and even entire
eye balls replaced in the mind of Hollywood script writers at least.

‘Something you know’ (actually lots of things) would
seem to be the safest bet for identifying Human beings. Some banks already use
variants of this called ‘secret phrases’. Time constraints probably would mean
this can only thoroughly be done during an initial enrolment procedure. It is
not practical to do this every time an identity needs to be verified on line or
entering a building.

The ‘something you have’ may well turn out to be some
form of digital representation of ourselves often referred to as a ‘Token’. Digital
Identity and tokens thereof will be the subject of the second chapter.

References chapter 1

[i]
Translated by Benjamin Jowett New York, C. Scribner’s Sons [1871]

Full text available on: http://www.sacred-texts.com/cla/plato/parmeni.htm

[iv]
Metaphysics By Aristotle Written 350 B.C.E Translated by W. D. Ross http://etext.library.adelaide.edu.au/mirror/classics.mit.edu/Aristotle/metaphysics.6.vi.html

[vii]
Samuel Clarke (1675 – 1729) was an English philosopher firmly on the side of Newton
in his quarrels with Leibniz re the development of calculus.

[ix]
Bertrand Russell page 458-459 History of Western Philosophy first published
1946. Reprinted 1993 by Routledge London.

[x]
Translation by Gonzalo Rodriguez-Pereyra as published in Australasian Journal
of Philosophy, vol. 77, December 1999, pp. 429-438.

[xi]
Note on the text: This document was originally downloaded from Leibniz
Links
. The format was subsequently modified by Carl Mickelsen,
“Contents” and bookmarks added, and minor corrections made. The
translation is by Dr. George R. Montgomery and was first published in Leibniz
by the Open Court Publishing Company in 1902.

[xiii]
Smart, J. J. C. 1959. ‘Sensations and Brain Processes.’ The Philosophical
Review
68: 141-156.

[xiv]
Place, U.T., Identity Theories in A Field Guide to the Philosophy of Mind.
Società italiana per la filosofia analitica. Marco Nanni (ed.).

[xv]
(1967). “The ‘Mental’ and the ‘Physical’.” The Essay and a
Postscript. Minneapolis: University of Minnesota Press.

[xvii]
Putnam, Hilary. 1967. The nature of mental states. In The Nature of Mind,
edited by Rosenthal, pp. 197-203

[xviii]
Arie de Geus The Living Company,(London: Nicholas Brealey Publishing, 1997

[xix]
Piers Anthony’s Cluster Series: Volume I, Vicinity Cluster 1979 Panther books
ISBN 0 586 04837 5

[xx]
According to data obtained by the American Civil Liberties Union (ACLU)
following a request under Florida’s open-records laws

See http://www.aclu.org/privacy/spying/15129prs20020514.html

–>

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November 2012 and another DNA privacy disappointment

How to steal your DNA and get away with it

How to steal your DNA and get away with it


Why was November 2012 another disappointment for those UK innocents waiting to have their DNA profiles erased from NDNAD, the UK’s national DNA data base?

It is because the Home Office broke another promise of commencement orders and new ACPO retention guidelines in November.

Readers of this blog and followers of @lasancmt on Twitter will have noticed my more than usual interest in the subject of Privacy and NDNAD. That is because I am one of the million innocent UK citizens that object being on there. Unlike Tory MP Damian Green I don’t have the political cloud to have myself removed. I ended up on NDNAD because I had the audacity to ask the husband of a police employee to exchange pet insurance details after his dog bit mine in an Ipswich park causing a huge veterinary bill.  A Dutchman, innocently asking a Scotsman where his famous ‘English’ manners were, provided Suffolk Constabulary their eagerly awaited and double points scoring arrest for aggravated racial harassment. Fortunately the rest of the British justice system didn’t see it that way and dropped the case pretty swiftly. The problem is Ipswich Police still have my DNA in a test tube and I want it scrapped along with my record of arrest. The Independent Police Complaints Commission agreed with me Ipswich Police prosecuted the wrong guy and the arresting officer was cautioned. Exceptional enough for Chief Constable Ash to use his discretion under the current deletion guidelines you might think? My god, this man doesn’t like to be told what to do. Thank god he is leaving his post soon, with the new Police and Crime Commissioner Tim Passmore taking up my cause and breathing down his neck!

Background

In proportion to the UK population size NDNAD is the largest of such databases in the world and holds the records of at least a million innocent UK citizens like me. 

This of course can have serious practical privacy implications, apart from the feeling of injustice and stigmatization felt when one’s DNA profile is being stored alongside that of burglars, rapists, murderers and terrorists. And then this data base is shared with all other EU states and the FBI! What must my local gendarme think of me? 

ZeroNation is just one web site that warns people why they should be concerned about an unjustified police record:

“Police records can be used to refuse someone a visa or a job simply because they have a record of arrest and can lead to stigma and discrimination when accessed by officers on the beat. 

Information about arrests can be released as part of a criminal record check, even if there has been no charge, caution or conviction. 

The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested. 

Business travelers could lose business, or even their job or a promotion, because applying for a visa can take several months and a visa can be refused simply because someone has a record of arrest.” 

I used the word unjustified, because the UK Home Office, egged-on and misled by the Association of Chief police Officers (ACPO) has only ever fed parliament with bogus and unfinished scientific data, trying to justify all this DNA hoarding. One of the propaganda tricks ACPO spokesman Chris Sims pulled on a parliament committee is confusing thousands of extra database ‘hits’ with securing extra convictions in court. Lord Henley put the exgaggerated figures in context when he said: “Since 2001, more than 4 million people have been added to the DNA database, yet despite that the number of DNA detections has fallen from 33,000 to just over 26,000 in 2009-10. There has been a vast growth in the hoarding of people’s DNA but a decline in the number of convictions. That is an important thing to remember!” Let’s face it; every confused copper scratching his head at a crime scene would be good for another database hit like that. So now the UK Policing Improvement Authority has started to claim how many innocents they exonerate with NDNAD each year! 

Anyway, as reported in this blog before, the landmark Marper and S. ruling of the European Court of Human Rights on the 4th of December 2008 should have started a huge database cleansing exercise by UK police forces, ridding NDNAD of illegal junk DNA of innocents. We thought this had to start three months after the ECHR verdict. Instead the UK Labour government of the time started a lengthy consultation process, which allowed the UK Police forces to continue violating innocents’ Human Rights. 

Then we had the UK Supreme Court Ruling of May 18, 2011, basically underwriting what the ECtHR had already said. However not wishing to step on the toes of UK Parliament discussing the new ‘Freedoms bill’, the Supreme Court did not order the Police to take immediate remedial action. That would flow from implementing the relevant passages in the new ‘Protections of Freedoms Act drafted by the new coalition government, which finally received Royal Assent on May 1st this year. 

You would think that once the Freedoms bill became an Act of Parliament the police, who had been anticipating the coming of it for three years, would be quick to start erasing. You would be wrong! The relevant passages need individual commencement orders issued by the Home Office and of course the police are lobbying and dragging their feet again.  In fact a Big Brother watch report highlighted that in my county Suffolk Constabulary collected 17,465 samples since the new ruling and has deleted only 4! First commencement orders for mass erasure were rumoured for July, then pressure groups like Genewatch, Liberty and Big Brother Watch were told by the Home Office November would be the month, where announcements would be made how the police finally were going to comply. Good thing I wasn’t holding my breath! 

Baroness Hamwee already seems to have smelled something fishy going on when she tabled a question on October 22 in the House of lords, asking Her Majesty’s Government why provisions in Part I of the Protection of Freedoms Act 2012 relating to the retention of DNA samples and fingerprints are unlikely to be commenced before mid-2013. That would make it five years for the UK government to comply to the European Court of Human Rights! 

How is this possible you might wonder?  When it comes to extraditing a troublesome cleric and suspected terrorist like Abu Qatada to Jordan, the UK Government grumbling complies with the Human Right Court order, but when it comes to Marper and S. they seemingly keep defying Strasbourg ad infinitum. 

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PS. Since writing this post I have received official confirmation from Assistand Chief Constable Hall in Suffolk who said:” I have reviewed the circumstances of your particular case……I have now given my authority for destruction of he samples and profiles held and in your case ahead of commencement date of this section of the PoFA.” Well thank God for small mercies!

This leaves of course open, what will happen to my record of arrest on the National PNC Data base? The now illegal ACPO ‘exceptional’ procedure at least ensured deletion of those records at the same time. The PoFA doesn’t and is on that point a step backwards. So what to do about them? Certainly the Information Commissioner in the UK is of the opinion, that minor records of arrest should not be stored by the police indefinitely, but the Police appealed and won that one. While researching this blog entry I came across another recent European Court of Human Rights privacy conviction against a UK Police force known as the CASE OF M.M. v. THE UNITED KINGDOM. This one is pertinent to records of arrest where a minor caution was issued and accepted. I wonder if we are to face this whole saga all over again. I asked fellow members of my LinkeIn privacy group for comments and I hope to write about this in a future post.

Links in this article:
Tory MP Damian Green has DNA profile deleted from database: http://www.telegraph.co.uk/news/uknews/law-and-order/6056725/Tory-MP-Damian-Green-has-DNA-profile-deleted-from-database.html

ZeroNation: http://www.zeronation.co.uk/3244/police-national-computer/#comment-1221

BBC News: http://news.bbc.co.uk/2/hi/uk_news/8273882.stm

The Marper and S. ruling: http://www.bailii.org/eu/cases/ECHR/2008/1581.html

The UK Supreme Court ruling: http://www.supremecourt.gov.uk/docs/UKSC_2010_0173_ps.pdf

The relevant DNA retention passage of the Protections of Freedoms Act: http://www.legislation.gov.uk/ukpga/2012/9/section/1

The June 2012 Big Brother Watch DNA report: http://www.bigbrotherwatch.org.uk/files/DNA_REPORT_June2012.pdf

An interesting recent new ECHR landmark ruling: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-114517

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Identity Management Musings from the French Countryside

I just realised it’s been a year since I last actually did work for a company that actually paid me for my Identity and Access Management skills and expertise. Sure I have written a few articles and training courses for pocket money, but mainly I have been enjoying working on my farm and renovating the ‘Maison de Maitre’ and the various outbuildings here in the Limousin area of France. So when my daughter got married in London last month I made a point of stating my profession as ‘sheep farmer’ to the registrar, even though my daughter urged me to state my profession as ‘IT Security Consultant’. What would you do if you had a choice?

Actually I am listed in several French professional directories as ‘Chef d’exploitation’ of my steadily growing menagerie of farm animals.  I even do identity management of sheep, as of course all large farm animals in France are chipped with RFI ear tags. Even my donkey foal just had an identity chip inserted under the skin of her neck, similar to what the vet did with our family dog, when it got its pet passport. If only it was so straightforward managing Identities in large companies.

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To be honest I had expected to pick up one or two short term IAM consultancy assignments by now and it is not for the lack of trying by the numerous head hunters, who have picked up on the fact that my CV is out there on Monster, JobServe etc.

So why have these numerous inquiries about my availability not been followed by firm offers of contracts? It is about this subject that I would like to muse a bit today: Could it be I am just not as hungry and aggressive as I used to be? Daily rate expected unrealistic in the current economic climate? Too content and smug with my new life style perhaps?

Living on a farm in a lovely rural setting does give you a biased perception of the rat race, to be sure, but maybe also a worthwhile different perspective, applying common sense values and husbandry rules that farmers haven’t forgotten, but city folk have?

I make an analogy with things that are wrong with the banks and their obsession with short term gains in the stock market. For instance I can see how a market in cacao futures could provide market stability and be good for cacao farmers and Cadbury both, but can it be right that city speculators sometimes trade more of the virtual stuff than is actually grown worldwide? They could never take physical possession of the tonnage that they trade on ‘paper.’ A farmer would never order more food than he can possibly store, but bankers would if their bonus depended on it. In doing so, they drive up prices for everyone and that’s just misusing our pension funds as if it was monopoly money.

Maybe the city’s obsession with short competitive battles and market gains has spread like a virus and loosing sight of long term strategic objectives and their actual role in society has spread and is now endemic in most European businesses? I know I am digressing slightly, but I am trying to make an analogy, that also is valid in Identity Management projects.

I connected these dots for myself after attending, out of goodwill,  a one day strategic workshop of an IT services company that professed wanting to be ‘the most successful SAP implementer in the world, including of course implementing SAP NetWeaver IDM, which my previous company MaXware sold to SAP in 2007.

Jokingly the workshop was billed as ‘Global IDM dominance’. This reminded me of IBM’s dominance in the mainframe business at the end of the sixties. After all from that era comes the saying, no one ever got fired for buying IBM! Now achieving a similar market position when it comes to successful SAP IDM implementations surely would be nice to achieve for a systems integrator? But how to go about it?

I jotted down some ideas to take to the meeting, like investing in skills by taking up young graduates and immersing them in our world class methodologies. Build training facilities and sand pits to hone their implementation skills, before sending them out to paying customers. These are of course long term investments, with no immediate pay-back. The kind our banking friends are no longer keen to finance.

Soon in the meeting it transpired that the company had taken on more IDM contracts than they could reasonably expect to handle. The sales department was perhaps too successful? What they really wanted is to head hunt, as fast as they could, skilled implementers from the competition at any cost and fulfil their contractual obligations. Sure that would solve an immediate problem and look good on the company books, but is this a viable long term strategy for global IAM dominance I wondered?

If there was a possible future role for me, it seemed, it would be after they recruited all these immediately billable IAM high flyers and there would be some time for team building and skills transfer from an old hack like me.  By such time these prima donnas however, risked being poached by the next integrator in dire straits.

So here we have an IT services company that sees the potential of the growing IAM market, but what about end user client organisations? Here again budgets are tight and when the Identity and Access Management project after many months or even years gets the go-ahead, management often expects instant results.

Given the choice between an experienced and expensive older IDM consultant and a young IT consultant, fresh from his/her last IDM implementation from their preferred vendor, their instinct is to go with the guy with the recent ‘hands-on’ skills and hope for a miracle.

There is a real risk here of course, that this bright technician and IdM wizard, spends the first weeks twiddling his thumbs on the job, because there is no agreed IAM architecture document, no IAM requirements specification, no agreed RBAC role model, no business processes documented that can easily be implemented in IAM workflows.

By putting all this responsibility on the shoulder of one single member of staff, the organization also creates ‘a single point of failure’. What if he is run over by a bus?

And has this person really the time or inclination to properly document his programs?

A one man band IdM team can lead to poor, stakeholder management, infighting between rival IT camps in the organisation and another false start or even total project failure, giving IAM projects a bad reputation with CTOs and CFOs. One of the first things I learned in business school about IT in the seventies is ‘organise before automation’. If you don’t you get automated chaos!

In conclusion, it is my contention that companies at the start of an Identity and Access Management project could do a lot worse than first hiring for a few months a functional IAM expert, who has been around the block a few times and knows well why some IAM projects succeed and why many others fail.

When proper IAM governance is in place and IAM requirements documented and prioritized with stakeholders, outsourcing the project at a fixed cost becomes a real possibility again. Furthermore these organisations may be pleasantly surprised when the actual technical implementation is a lot quicker and a lot cheaper than they had ever imagined!

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Landmark DNA ruling heading towards U.S. Supreme Court

There has been an interesting ruling in the Maryland Court of Appeals recently, where the court reversed the conviction of a Salisburyman sentenced to life in prison for a 2003 rape case just because, it was alleged, the DNA sample which put him behind bars was obtained “illegally”. Well you can imagine the law enforcement and DNA lobby being up in arms in total disgust, while the American Civil Liberties Union ACLU is delighted with the 5-2 ruling. The Police in fact obtained King’s DNA profile when he was arrested in 2009 for unrelated first- and second-degree assault charges and was properly convicted for those offenses. A DNA sample was taken from King at the time of his 2009 arrest, and when the information was entered in the state DNA database, the evidence linked him to a second 2003 rape case. The second conviction  ensured he would stay in jail a good while longer!

Now personally I have always found it bizarre that juries, who are often deciding on a knives’ edge whether or not someone is guilty of a serious crime, are not allowed to know about any previous convictions for similar offences committed by the accused.
I understand how this is meant to keep individuals objective and impartial about the case in front of them while on jury duty. But I can’t help thinking such ‘in the dark’ jurors must feel pretty sick, when they find out later from the media that the accused got away with a similar offenses in the past and may endanger future lives while back on the streets because of their decision based on an incomplete picture of the accused’s past.

So even though I have been campaigning for more than 5 years about the removal of DNA profiles of innocents from UK NDAD, in effect a crime data base, I have less of a problem with the police running a brief check against this same data base during the brief window of opportunity that exists after a justifiable arrest for certain listed serious crimes only.  Not for misdemeanors mind you! I also feel strongly that when the police clearly must have realised they got the wrong end of the stick, or a court tells them so with a ‘not guilty’ verdict, they should without delay restore the presumption of innocence for the wrongly arrested that exists for all other citizens. They should also issue sincere apologies and not act like sore losers out to get the falsely accused at some future time. That only loses them respect from the communities they are meant to serve and often confirms their small minded prejudices against such communities. There is a reason why ethnic minorities are over represented in police DNA data bases and it’s not because they statistically commit more crimes!

It is a good thing this Maryland case seems to be headed for a review by the U.S. Supreme Court, for what could be a landmark decision. I hope that when the dust is settled, the baby will not be thrown out with the bath water in America. DNA is a useful forensic tool, but it can also be a dangerous tool in the hands of lazy or prejudiced law enforcement personnel and over-ambitious right wing politicians. Especially those who have seen too many episodes of CSI and think it’s all true….

Fact is all biometric identity systems become less effective the more records you load in them. They become diluted, as more marginal criminals or even innocent people are included in it. There are more opportunities for error; the larger the database gets, the greater the chances are of ‘false positives’ and partial matches with innocent people.” If you don’t believe me enter the search term ‘Birthday Paradox‘ in WikiPedia and read up on the mathematical explanation for this phenomenon. Never trust people who say something is 100% reliable. When people are involved human mistakes are easily made as we are starting to see with some spectacular recent DNA police blunders.

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Police world wide in pursuit of our DNA

My Google DNA news alert has been bombarding me over the past month about Governor Andrew Cuomo’s proposed expansion of New York’s DNA data base. His law proposal is supposed to be a ‘no brainer’ and make us all feel ‘more secure’.  It breaks my heart how voters in ‘the land of the free’ are easily hood winked and seem to be sleepwalking into accepting such a serious ‘privacy intrusion’ by the state. This to me is so totally ‘un-American’. After all, paraphrasing US founding father Benjamin Franklin: “Those who sacrifice Privacy for Security deserve neither and will loose both”.

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Meanwhile Cuomo’s Lieutenant Duffy, a former Rochesterpolice chief is busy making public appearances across the State lobbying for the expansion of an “all crimes”DNAdatabase. All 62 district attorneys in New York, as well as all 58 county sheriffs and more than 400 police chiefs are endorsing Cuomo’s plan to expand the state’s DNA data bank. Justice Reform activists are not so happy.

As usual for the lobby he represents, Duffy is parading a few victims of horrific crimes to jerk the public’s heart strings and so presenting DNA as a common-sense solution that shouldn’t be derailed by the lingering concerns of a few liberal minded justice reformers and paranoid privacy advocates.  I thought we learned from experience that this sort of lobbying does not lend itself to arriving at well balanced legislation. That is, laws that balance the rights of potential victims of crime with the fundamental human right of citizens to ‘a private life’, free from wanton intrusion by the state.

During the last election in the UK, Prime Minister Gordon Brown behaved just as badly as Governor Cuomo, having his picture taken next to Sally-Anne Bowman’s mother Linda who he said had “suffered the most unspeakable tragedy yet still manages to be a compassionate campaigner for good”. With this he meant her support to expand the UK National DNA data base, which he claimed helped track down her daughter’s killer Mark Dixie. It didn’t, at least not in the way he misled the British public. Mark Dixie was a convicted felon, not  just someone who was arrested for a misdemeanor.  Labour actually lost this election, partially on the unbridled expansion of NDAD, the UK’s national DNAdata base, with the profiles of a million innocent citizens. This scandal, which Labour still won’t own up to, resulted in a whole chapter of the UK’s ‘Protection of Freedoms bill’. But this doesn’t deter the DNA lobby. Who ever is making the DNA tests kits must be raking it in! Genewatch reported that a US lobbying firm Gordon Thomas Honeywell has peddled  proposals to create new DNA databases in Thailand, Brazil, Brunei, Bahrain, (South) Korea and Malaysia. Some of their presentations make highly misleading claims about the role of the UK DNA database in solving rapes. They certainly won’t mention evidence from the UK and California that widening the net of individuals with records on a DNA database is not an effective way to solve more crimes compared to examining more crime scenes.

Gordon Brown parades the mother of a tragic murder victim Sally-Anne Bowman

Coming back to the US news articles, reading the ‘comments’ section, you will always see the unwavering support of the usual ‘nothing to hide – nothing to fear’ brigade of do-gooders.  Have these people had no history lessons? What of the millions slaughtered by Stalin and Hitler? Just have a look at what the Nazi invaders did with the helpful ‘stippenkaart’ the Amsterdam civic administration left them at the start of World War II: Dots on a map showing where they could easily round up the Jews. And all done with originaly good intentions to build schools for a religious minority.

Illustration from the ‘Resistance museum’ about war time Amsterdam where misguided information collected by the municipality aided the Nazi’s in rounding up innocent jews

Note also the emerging pattern of the DNA lobby world wide to gradually shift from boasting how many ‘extra crimes’ this expanded data base would solve (which it won’t), towards claiming, like the National Policing Improvement Authoritiy (NPIA DNA data base and me (bullet 3) does in the UK, that “Every second, the DNA data base eliminates thousands as suspects to crimes.” Well big deal! GeneWatch among others have thoroughly debunked figures bandied about as propaganda by the DNA lobby in the Association of Chief Police Officers (ACPO). All these illegally held records seem to do, is clog up the system and create false positives! This is a basic law of statistics when it comes to naturally occurring things like matching DNA profiles. If you don’t believe me just read the WikiPedia article on the birthday paradox. This naturally occurring phenomenon is especially problematic for certain ethnic groups in society. Researchers at the Universities of Washington and California at Berkeley show that false familial identification may be more likely for individuals with particular genetic backgrounds; for example, in the USA, those of Asian or Native American descent.

Among the relentless propaganda pieces placed in the press by the DNA lobby you occasionally find a breath of relief like the following piece by JURIST Guest Columnist Brandon Garrett of the University of Virginia School of Law. Brandon warns that enlarging DNA databanks with samples taken from all individuals ‘arrested’ for felonies may increase the risk of wrongful convictions, while diverting attention away from more fruitful routes for improving the criminal justice system… Remember that ‘arrested’ is not the same as convicted. Many are released with no charge to answer. Others are vindicated in Court. This ought to mean complete erasure of any DNA profile and record of arrest. Unfortunately not if it is up to Cuomo.

Recently even a heavy weight publication like ‘The Economist‘ weighed in with cautionary arguments. It seems DNA profiling and analisys is not as infallible as our DNA lobbyists would have us all believe: Forensic lab staff may “subliminally interpreted ambiguous information in a way helpful to the prosecution.” That is if the labs aren’t shut down through lack of funding in a further bizarre twist to this sorry saga.

Deborah Orr, columnist with the Independent newspaper was even more direct in her comments. In an article ‘ A lazy and prejudiced approach to crime’ she wrote: “A society in which the police sit around, waiting for crimes to be committed that would fit the profile of their ever-growing pool of suspects if only they weren’t too busy taking DNA from as many people as they could to do a scene of crime check, is just a lazy, dumb and prejudiced one.”

Cold statistics do not bear out any of the exaggerated claims by politicians like Governor Andrew Cuomo or shadow Home Secretary Yvette Cooper. The present home office minister Lord Henley put people like her in their place when he remarked in the House of Lords: “”Since 2001, more than 4 million people have been added to the DNA database, yet despite that the number of DNA detections has fallen from 33,000 to just over 26,000 in 2009-10. There has been a vast growth in the hoarding of people’s DNA but a decline in the number of convictions. That is an important thing to remember…

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