The phone-hacking crisis calls for Ed Miliband to prove his dad wrong

Ralph Miliband argued that the capitalist society and state protect each other. His son must work to

Most students of sociology or politics come across the work of Ralph Miliband. His basic theory is simple: a capitalist society has a capitalist state at its beck and call. They are tied together by a "ruling class". Nobody needs to pick up the metaphorical phone -- they think the same way so they act to protect each other's interests. When people get restless, the odd concession is granted: a welfare state or free education. By and large though, the capitalists have it their own way.

A few days in to the mega and all-consuming scandal that has resulted from the News of the World's phone-hacking and News International's ability to evade any real consequences for a number of years, who is to say that Ralph Miliband wasn't right?

What has occurred is the projection -- directly and culturally -- of concentrated power that has perverted the course of justice and democracy. Just as was the case in the Watergate scandal (an over-used comparator yet seemingly apt in this case) it is not the original crime that is most revealing. It is subsequent events that tell us the most about the power of News International: police languor; political pusillanimity, and corporate cover-up.

It is very easy to see how News International and their parent, News Corporation, have been able to get the British state to do their bidding. In the year to June 2010, News International made a £73.3million annual loss. The Sun and News of the World are profitable; the Times and Sunday Times make a loss. By contrast, BSkyB's latest profits were £467million and they are shooting upwards. The two sides of Rupert Murdoch's UK business serve different functions. The newspaper side is about projection of power, while the TV side is about commercial gain. The two are closely linked.

The basic issue is one of concentration of power. Many people have alluded to this in the last few days, including Ralph Miliband's son Ed, but almost none have followed through on the consequences of that understanding. How does the News International/News Corporation power work? The newspapers provide the political leverage because voters read them, and politicians care what they write as a consequence. That leverage acts as a commercial lever to prevent strong action of politicians against the commercial interests of News Corporation. This is not corruption necessarily. It is simply how Ralph Miliband would describe the state operating in a capitalist society.

Of course, in this case, the phone is not metaphorical. It's a hotline. Politicians and News International executives have family get togethers over Christmas, fly across the world to show affectation and loyalty, employ former editors as Directors of Communication -- even discredited ones that other newspaper editors warn them against -- and fawn over leading players in the company at summer parties and the like. This is not an invisible projection of power. It's obvious, visible, and blatant. It is swaggering and self-confident collusion. It shows just how much power one media group has been able to accumulate.

Fortunately, and thanks to the work of tenacious investigative journalists and a handful of determined Labour backbenchers, the game is up. Public revulsion has called a stop to the party. Even now, there is a failure of collective media and political understanding about what this moment represents. In the latest News Corporation annual report,Moody's and S&P rated the company's outlook as "stable". What this normally means, as we have discovered, is hold on to your hats.

The initial outrage has put a block on the full takeover of BSkyB by News Corporation. The pathetically weak Press Complaints Commission has, rightly, been thrown to the wolves. The take-over postponement, which will surely inevitably mean the end of the bid, merely prevents further concentration of the media empire. And if the result of a new regulatory system is to obstruct sound investigative journalism, then that's a disaster. At worst, we could end up with a media empire whose power is undimmed, with good journalism hampered through over-reaction.

Instead, it is incumbent upon parliament to prove that democracy can properly regulate capitalism. News International/News Corporation's concentrated ownership must surely be broken up. While it was not this concentrated power that led to phone-hacking, its reality explains much of what has happened since. Newspaper ownership should be further limited. Cross-media ownership should be further restricted. Carriage of media (eg. satellite) should be separated from content provision (eg. Premiership football). This is what is required for a genuinely plural, open, creative, and diverse media where no player is so powerful that they can enjoy undue market power, and get the state to do its bidding.

So far the response to this scandal has been weak pretty much across the board. People are still afraid of confronting News Corporation and News International, such is their culturally embedded power. But this is not personal. It's not about Rupert Murdoch or any of his friends and relatives; it's about concentrations of power. It should apply equally to financial services, utility companies -- here's looking at you, British Gas -- and anywhere where power holds sway over the marketplace and politics.

Ralph Miliband spotted the dangers of corporate power subjugating the state. We have to hope he was wrong about its inevitability. In fact, let's prove that he was wrong. If there is one person who stands at the edge of this Rubicon it's Ed Miliband. After this morning's press conference, there is little doubt that he is now setting the political pace of this issue. He's found his voice, and it's a determined one. His challenge is now to use his voice wisely -- to break up a concentration of over-weaning media power.

Perhaps it is down to the son to heed to warnings of the father but prove his fatalism wrong. Democracies can act to defend the public interest. But they need men and women of courage and self-belief to do so. Ed Miliband is beginning to show he may be in possession of the courage required.

Anthony Painter is a political writer, commentator and researcher. His new book Left Without A Future? is published by Arcadia Books in November.

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The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

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