A view of The Empire State Building in April 2013 (Photo: Michael Loccisano/Getty Images)
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Laurie Penny on everyday surveillance: Why I was afraid to take a picture in New York

Power is about who gets to do the watching and who has to put up with being watched.

If there’s something called a soul and it moves at walking pace, mine was hundreds of miles behind me a few nights ago as, sleepless, I took a stroll through Lower Manhattan. When they have things to forget, some people drink, some people take drugs, and others clear out their savings to pound the streets of a different city until the scale and pace of it makes them feel appropriately small.

New York’s financial district is a good place for this. At night, since Occupy Wall Street was cleared away, the streets are mostly empty, apart from all the ghosts, and the autumn air is moist and weird. Over everything looms One World Trade Center, recently completed. This past week, the artist Banksy wrote that the large, unremarkable edifice “clearly proclaims the terrorists have won. Those ten men have condemned us to live in a world more mediocre than the one they attacked.”

Not just those ten men. It will take years for the US and its notional allies to feel the chilling effect of the Edward Snowden revelations, detailing the extent of the US National Security Agency’s snooping on global communications data. Britain is complicit, and has no First Amendment to prevent the prime minister threatening newspapers with the prospect of court action if they don’t shut up about those NSA and GCHQ leaks. But it is still the US that is understood to be spying on the whole world.

What gives America the right to hoard all that information without consent? How can it justify doing so even as it hunts down anyone, such as the British hacker Lauri Love, who is suspected of trying to peek into its own systems to see who’s talking to whom? Power is about who gets to do the watching and who has to put up with being watched.

Viewed from Europe, the way that millions of citizens have had their data stored and Angela Merkel’s mobile phone has been tracked without permission looks like a monstrous invasion of national sovereignty. From here in New York, the entitlement is obvious: this is the heart of global capitalism, huge, beautiful and empty. Of course human rights come second to making sure that nobody thinks about attacking the United States ever again.

As I crossed the street in a light rain, a middle-aged couple walked ahead of me. It was too dark for the shadow of the new tower to fall over the street, but that’s how it felt and that’s what they were talking about – change and resurrection: “You know,” she said, “I still have a box of matches from Windows on the World. How much do you think they’d be worth now?”

Her companion thought about it. “Fifty cents,” he said. “This is New York.”

People in New York really do say, “This is New York,” as if they’re reminding themselves. I turned around to take a picture. I stood for a while trying to fit the intimidating scale of that dull glass-and-metal erection into the screen.

And then a curious thing happened. I stiffened and looked around. The couple had disappeared. I was alone on the street. Had anyone seen me take that picture? Was it even allowed? Did I look suspicious? Last time I checked, I was still white, which makes me significantly less likely to be hassled by any New York police officer. But just to be on the safe side, I posted the picture to my public Instagram site, with a cheeky message and a pretty filter. Smile! Nothing to hide. Anyone tracking my feed can see that I’m just an ordinary tourist, standing here being very impressed by your very impressive building.

The next day, over drinks with a security expert friend, I told him about my little attack of paranoia. That’s ridiculous, he said. That’s not the way the tracking gets done. What the NSA and GCHQ are interested in isn’t the content of your calls and emails, but the metadata –who you’re emailing, who you’re speaking to and for how long. Unless, of course, you’re a hacker or a head of state, in which case you might warrant a little more personal snooping. It takes far too long to process hard data.

Metadata is cheap to store.

Metadata. That’s what most people are, to the US government: part of the metadata, unless they are important or unlucky enough to merit special attention.

Before I came to New York, I didn’t really believe it existed. After I arrived, I knew for sure that it didn’t. It’s a city of a thousand film sets, a hundred thousand novels, plays, diary entries and feverish dreams. In the bookshops you can buy collections of essays by famous writers telling their own stories about coming to Manhattan, and all of them are true. The New York of legend is bigger and more brilliant than any real place could ever be, and everybody here is walking through the film set of their own life, imagining a city.

It has that in common with the rest of the enormous country it hangs off like a lifeboat: the idea of America is bigger than the hundreds of millions of actual Americans the country happens to be full of. People, going to work and falling in love and taking sleepless walks late at night, are just the metadata for that myth. It is a powerful and frightening myth, and the more powerful and frightening it becomes, the harder it gets to live inside it.

Laurie Penny is the contributing editor of the New Statesman

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

This article first appeared in the 30 October 2013 issue of the New Statesman, Should you bother to vote?

Photo: Getty
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Forget planning for no deal. The government isn't really planning for Brexit at all

The British government is simply not in a position to handle life after the EU.

No deal is better than a bad deal? That phrase has essentially vanished from Theresa May’s lips since the loss of her parliamentary majority in June, but it lives on in the minds of her boosters in the commentariat and the most committed parts of the Brexit press. In fact, they have a new meme: criticising the civil service and ministers who backed a Remain vote for “not preparing” for a no deal Brexit.

Leaving without a deal would mean, among other things, dropping out of the Open Skies agreement which allows British aeroplanes to fly to the United States and European Union. It would lead very quickly to food shortages and also mean that radioactive isotopes, used among other things for cancer treatment, wouldn’t be able to cross into the UK anymore. “Planning for no deal” actually means “making a deal”.  (Where the Brexit elite may have a point is that the consequences of no deal are sufficiently disruptive on both sides that the British government shouldn’t  worry too much about the two-year time frame set out in Article 50, as both sides have too big an incentive to always agree to extra time. I don’t think this is likely for political reasons but there is a good economic case for it.)

For the most part, you can’t really plan for no deal. There are however some things the government could prepare for. They could, for instance, start hiring additional staff for customs checks and investing in a bigger IT system to be able to handle the increased volume of work that would need to take place at the British border. It would need to begin issuing compulsory purchases to build new customs posts at ports, particularly along the 300-mile stretch of the Irish border – where Northern Ireland, outside the European Union, would immediately have a hard border with the Republic of Ireland, which would remain inside the bloc. But as Newsnight’s Christopher Cook details, the government is doing none of these things.

Now, in a way, you might say that this is a good decision on the government’s part. Frankly, these measures would only be about as useful as doing your seatbelt up before driving off the Grand Canyon. Buying up land and properties along the Irish border has the potential to cause political headaches that neither the British nor Irish governments need. However, as Cook notes, much of the government’s negotiating strategy seems to be based around convincing the EU27 that the United Kingdom might actually walk away without a deal, so not making even these inadequate plans makes a mockery of their own strategy. 

But the frothing about preparing for “no deal” ignores a far bigger problem: the government isn’t really preparing for any deal, and certainly not the one envisaged in May’s Lancaster House speech, where she set out the terms of Britain’s Brexit negotiations, or in her letter to the EU27 triggering Article 50. Just to reiterate: the government’s proposal is that the United Kingdom will leave both the single market and the customs union. Its regulations will no longer be set or enforced by the European Court of Justice or related bodies.

That means that, when Britain leaves the EU, it will need, at a minimum: to beef up the number of staff, the quality of its computer systems and the amount of physical space given over to customs checks and other assorted border work. It will need to hire its own food and standards inspectors to travel the globe checking the quality of products exported to the United Kingdom. It will need to increase the size of its own regulatory bodies.

The Foreign Office is doing some good and important work on preparing Britain’s re-entry into the World Trade Organisation as a nation with its own set of tariffs. But across the government, the level of preparation is simply not where it should be.

And all that’s assuming that May gets exactly what she wants. It’s not that the government isn’t preparing for no deal, or isn’t preparing for a bad deal. It can’t even be said to be preparing for what it believes is a great deal. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.