Graveyard shift

The construction of a museum of tolerance in Jerusalem – on the site of an ancient Arab cemetery – h

"You can't build a museum on the bones of our grandfathers and call it the Museum of Tolerance," Mustafa Abu Zahra told me, as we walked round what remains of the largest Arab cemetery in West Jerusalem. Beyond the trees and the stone tombs that cover the southern half of the cemetery, we could see the white metal fence that enclosed the construction site of a project that has aroused fierce opposition in the six years since its inception. Even its name seems a mockery of the spirit of religious co-operation that the city of Jerusalem - so central to the adherents of three related faiths - is supposed to represent: "It's not about tolerance or love between nations,' said Abu Zahra. 'It's about the violation of a sacred site."

I'd met Abu Zahra at his shop in the Musrara quarter. When I arrived, customers were drinking coffee in the front, and Abu Zahra was receiving visitors at a desk in a storeroom piled high with sacks of rice and tinned goods. Yet he is not just a shop owner and businessman: he is also mutawalli, or guardian, of Mamilla Cemetery. When his guests had left, he drove me round the walls of the Old City to his diminishing realm, amid the air-conditioned shopping malls and upmarket hotels of West Jerusalem.

The journey took only five minutes, but it exposed some of the cultural contrasts that inform the debate about Mamilla's future. Abu Zahra's shop sells everything from figs and spices to cornflakes and cleaning fluid, but once we'd left the market stalls and crowded streets around Damascus Gate, we found ourselves in a very different part of the city.

Mamilla used to lie on the edge of the impoverished no-man's-land that divided the Israeli and Jordanian sections of the city, but since Israel conquered and annexed East Jerusalem in the Six Day War of 1967, it has become a prime piece of land. Jerusalem's best-known hotel, the King David, is 200 metres up the hill; the Waldorf Astoria group is investing $100m (£60m) in another luxury hotel on the street that runs along its southern border. The American consulate in West Jerusalem and Mamilla Mall lie within sight of its gates.

It is probably not surprising that Mamilla's paved avenues, dusty paths and open spaces have gradually been eroded. In 1958, ten years after the state of Israel came into being, its western half was appropriated for Independence Park, and in 1964 a multi-storey car park was built on its northern edge. Yet it is the plan to build the Museum of Tolerance where the car park used to stand that has piqued those such as Abu Zahra, who sees it as nothing less than an attempt to erase the history of the Arab presence in Jerusalem.

The Museum of Tolerance is being developed by the Simon Wiesenthal Centre (SWC), an "international Jewish human rights organisation", named after the renowned Austrian Nazi-hunter. It already owns the Museum of Tolerance in Los Angeles and the Tolerance Centre in New York; in 2004, it inaugurated the Museum of Tolerance in Jerusalem at a ceremony attended by Arnold Schwarzenegger, governor of California and the son of an Austrian policeman who joined the Nazi Party in 1938. The celebrity architect Frank Gehry designed a flamboyant building in steel and glass, but the initial phases of ground-breaking and construction unearthed several hundred skeletons.

Religious and civic organisations demanded that the SWC abandon work and seek another site. The waqf, or religious trust, which is responsible for Mamilla, petitioned the high court to stop the building work, as did a human rights organisation representing three Jerusalem families whose ancestors are buried in the cemetery. In February 2006 the court issued an injunction, and work stopped for two years. But on 28 October 2008 the high court ruled that it could resume, and placed the onus on the Muslim authorities to accept the SWC's offers to reinter the remains elsewhere, clean up the modern Muslim cemetery to the south of the site and establish an appropriate monument to those who were buried there.

Rabbi Marvin Hier, the dean and founder of the SWC, claims that "all citizens of Israel" - Jews and non-Jews - would be the "real beneficiaries" of the decision. "Moderation and tolerance have prevailed. The museum . . . will be a great landmark promoting principles of mutual respect and social responsibility," he says. Others point out that the SWC campaigned for 15 years to remove a Carmelite convent from the grounds of Auschwitz, arguing that nothing should be built on the "single largest unmarked human graveyard in history", and say Mamilla should be accorded similar respect.

Rabbi Hier says the comparison is "ludicrous", not least because "the Arabs" did not treat the site as a cemetery when it was a car park. He maintains that the religious leaders of the Muslim community have ruled that the site was mundras, or abandoned, and says that in 1946 there were plans to build a university on the land. But critics say he has misread the nature of such schemes. According to Yehoshua Ben-Arieh, a professor of geography at the Hebrew University of Jerusalem who is one of the leading authorities on the city's recent history, they were "curiosities" that were never likely to be implemented.

Shattered stone

Besides, what the Mufti of Jerusalem might once have sanctioned is not the point, Ben-Arieh says: what matters is the way in which Israel is treating an important Muslim site located within its sovereign territory. Gershon Baskin, an Israeli Jew who runs a joint Palestinian-Israeli public policy organisation called Ipcri, recalls the reaction when Israel captured East Jerusalem in 1967 and discovered that many graves in the cemetery on the Mount of Olives had been damaged or destroyed.

“Imagine the outrage if the Palestinians were building a Museum of Tolerance - or anything else - on what was once a Jewish cemetery," he says. "Would it matter if the cemetery was not active and in use since 1948, or that it was being done legally?

“The Wiesenthal Centre project in Jerusa­lem is a disgrace to the Jewish people, the state of Israel and the city of Jerusalem. Shimon Wiesenthal would be turning in his grave if he knew what is happening in his name."

When construction at Mamilla resumed, several months after the high court verdict, hundreds more skeletons were exhumed and transferred to a mass grave. It wasn't possible to see what was going on behind the high white fence that sealed the perimeter of the site, but the British artist Sarah Beddington filmed from the windows of a nearby building for a video installation that featured in an exhibition called "The Other Shadow of the City".

Abu Zahra estimates that Mamilla is now a tenth of its original size, and the erosion of its borders is still going on. Recently, a section in the south-eastern corner of the cemetery, beyond the deep stone basin called Mamilla Pool, which was often used as a water source for armies besieging the Old City of Jerusalem, has been fenced off as a workman's yard, and the Jerusalem Municipality has begun storing rubbish bins in the south-west corner.

Even the few remaining graves are not safe: many of the headstones have been defaced or destroyed. "They have eliminated every stone here that has the name of the man inside, because they don't want anyone to claim them," says Abu Zahra. He believes that if the museum is built, it will not be long before the rest of Mamilla is appropriated by developers. "They will find a way to take more of the land, and step by step they will destroy the cemetery."

As we walked, he pointed out the shattered headstones of some of the tombs and translated some of the inscriptions on the few that remain intact. There was one commemorating the death of the "deceased martyr Ameen Abdelmo'ti Abu al-Fdel al-Alami, Sheikh and Imam" who died in 1346AH or "after Hejira" (AD1927), a reference to the Prophet Muhammad's journey from Mecca to Medina in AD581, which marks the beginning of the Islamic age.

Some people claim that Mamilla has graves dating to the era of Salah ah-din (or Saladin), who drove the Crusaders out of the Holy Land and recaptured Jerusalem, though archaeologists suggest most of them are no more than 400 years old. What no one disputes is that it contains the graves of sheikhs, imams, scholars, military leaders and members of the city's most important Arab families. "The name means 'a piece of heaven on earth', and it was a great honour to be buried there," says Raed Duzdar, whose ancestor is buried in the south-east corner of the plot, overlooking the site of the Waldorf Astoria hotel.

Ahmad Agha Duzdar was the Ottoman governor of Jerusalem between 1838 and the early 1860s. In 2005 the Turkish consulate helped Raed Duzdar renovate his grave. The tall, white stone, engraved with a red star and crescent and inscriptions in English and Arabic, was destroyed a few weeks later. All that is left of it is a few fragments of shattered stone.

Duzdar does not know who committed the act of vandalism, but he blames the authorities that allowed the SWC to develop the northern part of the site. "The government and the municipality say they're preaching tolerance, but they are allowing this ugly thing to be done to us in Jerusa­lem." He says that the sanctity of the cemetery is eternal. "No religion would accept the destruction of graves. It's very sinful."

Project stalls

Since the high court's verdict, Baskin has come up with various plans to stop the project. He was a signatory to another suit filed at the high court, claiming that the Israel Antiquities Authority, which prepared the site for construction, had misled the court about the number of burials it unearthed. Baskin has tried to persuade the Sephardi chief rabbi, Shlomo Amar, and his predecessor Ovadia Yosef, head of the ultra-Orthodox Shas party, to declare the site "unclean" because of the remains disinterred in the construction process.

Yet Baskin never held out much hope that any of the suits would succeed and began to fear that the museum was a "done deal". Yet last November, it seemed there had been an unexpected reprieve - work on the site appeared to stop, and the announcement that Gehry had left the project seemed to confirm it had begun to falter. The SWC maintains that it has spent the past two months removing pipes from the site. However, it has conceded that it is redesigning the project "to reflect today's world economic realities"; the budget has been cut from $250m to $100m, and the size of the complex has been halved. Rabbi Hier says that the SWC already has half the funds in place, and it will soon be holding a competition to find an Israeli architect to redesign the museum.

Gehry has denied that his decision to quit was prompted by "perceived political sensitivities", and Rabbi Hier refuses to acknowledge the anger over the destruction of Mamilla, saying that SWC members intend to "refocus all of our energies on bringing to Jerusalem, and the people of Israel, a project of crucial significance to its future". Baskin believes it will be a disaster if the rabbi succeeds, and yet, in some ways, the damage has already been done - no matter what happens next, the SWC will not be able to reinter the human remains dug from Mamilla. Nor will it be able to undo the offence it has caused the likes of Abu Zahra with its ill-considered attempts to spread "a message of tolerance between peoples".

Edward Platt is a contributing writer of the NS

This article first appeared in the 25 January 2010 issue of the New Statesman, Afghanistan: Why we cannot win this war

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Are smart toys spying on children?

If you thought stepping on a Lego was bad, consider the new ways in which toys can hurt and harm families.

In January 1999, the president of Tiger Electronics, Roger Shiffman, was forced to issue a statement clearing the name of the company’s hottest new toy. “Furby is not a spy,” he announced to the waiting world.

Shiffman was speaking out after America’s National Security Agency (NSA) banned the toy from its premises. The ban was its response to a playground rumour that Furbies could be taught to speak, and therefore could record and repeat human speech. “The NSA did not do their homework,” said Shiffman at the time.

But if America’s security agencies are still in the habit of banning toys that can record, spy, and store private information, then the list of contraband items must be getting exceptionally long. Nearly 18 years after TE were forced to deny Furby’s secret agent credentials, EU and US consumer watchdogs are filing complaints about a number of WiFi and Bluetooth connected interactive toys, also known as smart toys, which have hit the shelves. Equipped with microphones and an internet connection, many have the power to invade both children’s and adults’ private lives.

***

“We wanted a smart toy that could learn and grow with a child,” says JP Benini, the co-founder of the CogniToys “Dino”, an interactive WiFi-enabled plastic dinosaur that can hold conversations with children and answer their questions. Benini and his team won the 2014 Watson Mobile Developer Challenge, allowing them to use the question-answering software IBM Watson to develop the Dino. As such, unlike the “interactive” toys of the Nineties and Noughties, Dino doesn’t simply reiterate a host of pre-recorded stock phrases, but has real, organic conversations. “We grew it from something that was like a Siri for kids to something that was more conversational in nature.”

In order for this to work, Dino has a speaker in one nostril and a microphone in the other, and once a child presses the button on his belly, everything they say is processed by the internet-connected toy. The audio files are turned into statistical data and transcripts, which are then anonymised and encrypted. Most of this data is, in Benini’s words, “tossed out”, but his company, Elemental Path, which owns CogniToys, do store statistical data about a child, which they call “Play Data”. “We keep pieces from the interaction, not the full interaction itself,” he tells me.

“Play Data” are things like a child’s favourite colour or sport, which are used to make a profile of the child. This data is then available for the company to view, use, and pass on to third parties, and for parents to see on a “Parental Panel”. For example, if a child tells Dino their favourite colour is “red”, their mother or father will be able to see this on their app, and Elemental Path will be able to use this information to, Benini says, “make a better toy”.

Currently, the company has no plans to use the data with any external marketers, though it is becoming more and more common for smart toys to store and sell data about how they are played with. “This isn’t meant to be just another monitoring device that's using the information that it gathers to sell it back to its user,” says Benini.

Sometimes, however, Elemental Path does save, store, and use the raw audio files of what a child has said to the toy. “If the Dino is asked a question that it doesn’t know, we take that question and separate it from the actual child that’s asking it and it goes into this giant bucket of unresolved questions and we can analyse that over time,” says Benini. It is worth noting, however, that Amazon reviews of the toy claim it is frequently unable to answer questions, meaning there is potentially an abundance of audio saved, rather than it being an occasional occurrence.

CogniToys have a relatively transparent Privacy Policy on their website, and it is clear that Benini has considered privacy at length. He admits that the company has been back and forth about how much data to store, originally offering parents the opportunity to see full transcripts of what their child had been saying, until many fed back that they found this “creepy”. Dino is not the first smart toy to be criticised in this way.

Hello Barbie is the world’s first interactive Barbie doll, and when it was released by Mattel in 2015, it was met with scorn by parents’ rights groups and privacy campaigners. Like Dino, the doll holds conversations with children and stores data about them which it passes back to the parents, and articles expressing concerns about the toy featured on CNN, the Guardian, and the New York Times. Despite Dino’s similarities, however, Benini’s toy received almost no negative attention, while Hello Barbie won the Campaign for a Commercial-Free Childhood’s prize for worst toy of the year 2015.

“We were lucky with that one,” he says, “Like the whole story of the early bird gets the worm but the second worm doesn’t get eaten. Coming second on all of this allowed us to be prepared to address the privacy concerns in greater depth.”

Nonetheless, Dino is in many ways essentially the same as Hello Barbie. Both toys allow companies and parents to spy on children’s private playtimes, and while the former might seem more troubling, the latter is not without its problems. A feature on the Parental Panel of the Dino also allows parents to see the exact wording of questions children have asked about certain difficult topics, such as sex or bullying. In many ways, this is the modern equivalent of a parent reading their child's diary. 

“Giving parents the opportunity to side-step their basic responsibility of talking to, engaging with, encouraging and reassuring their child is a terrifying glimpse into a society where plastic dinosaurs rule and humans are little more than machines providing the babies for the reptile robots to nurture,” says Renate Samson, the chief executive of privacy campaign group Big Brother Watch. “We are used to technology providing convenience in our lives to the detriment of our privacy, but allowing your child to be taught, consoled and even told to meditate by a WiFi connected talking dinosaur really is a step in the wrong direction.”

***

Toy companies and parents are one thing, however, and to many it might seem trivial for a child’s privacy to be comprised in this way. Yet many smart toys are also vulnerable to hackers, meaning security and privacy are under threat in a much more direct way. Ken Munro, of Pen Test Partners, is an ethical hacker who exposed security flaws in the interactive smart toy “My Friend Cayla” by making her say, among other things, “Calm down or I will kick the shit out of you.”

“We just thought ‘Wow’, the opportunity to get a talking doll to swear was too good,” he says. “It was the kid in me. But there were deeper concerns.”

Munro explains that any device could connect to the doll over Bluetooth, provided it was in range, as the set-up didn’t require a pin or password. He also found issues with the encryption processes used by the company. “You can say anything to a child through the doll because there's no security,” he says. “That means you've got a device that can potentially be used to groom a child and that's really creepy.”

Pen Test Partners tells companies about the flaws they find with their products in a process they call “responsible disclosure”. Most of the time, companies are grateful for the information, and work through ways to fix the problem. Munro feels that Vivid Toy Group, the company behind Cayla, did a “poor job” at fixing the issue. “All they did was put one more step in the process of getting it to swear for us.”

It is one thing for a hacker to speak to a child through a toy and another for them to hear them. Early this year, a hack on baby monitors ignited such concerns. But any toy with speech recognition that is connected to the internet is also vulnerable to being hacked. The data that is stored about how children play with smart toys is also under threat, as Fisher Price found out this year when a security company managed to obtain the names, ages, birthdays, and genders of children who had played with its smart toys. In 2015, VTech also admitted that five million of its customers had their data breached in a hack.

“The idea that your child shares their playtime with a device which could potentially be hacked, leaving your child’s inane or maybe intimate and revealing questions exposed is profoundly worrying,” says Samson. Today, the US Electronic Privacy Information Center (EPIC) said in a statement that smart toys “pose an imminent and immediate threat to the safety and security of children in the United States”. 

Munro says big brands are usually great at tackling these issues, but warns about smaller, cheaper brands who have less to lose than companies like Disney or Fisher Price. “I’m not saying they get it right but if someone does find a problem they’ve got a huge incentive to get it right subsequently,” he says of larger companies. Thankfully, Munro says that he found Dino to be secure. “I would be happy for my kids to play with it,” he says. “We did find a couple of bugs but we had a chat with them and they’re a good bunch. They aren’t perfect but I think they’ve done a hell of a lot of a better job than some other smart toy vendors.”

Benini appears alert to security and the credibility it gives his company. “We took the security very, very seriously,” he says. “We were still building our systems whilst these horror stories were coming about so I already set pipelines and parameters in place. With a lot of devices out there it seems that security takes a backseat to the idea, which is really unfortunate when you’re inviting these devices into your home.”

As well as being wary of smaller brands, Munro advises that parents should look out for Bluetooth toys without a secure pairing process (ie. any device can pair with the toy if near enough), and to think twice about which toys you connect to your WiFi. He also advises to use unique passwords for toys and their corresponding apps.

“You might think ‘It's just a toy, so I can use the same password I put in everything else’ – dog’s name, football club, whatever – but actually if that ever got hacked you’d end up getting all your accounts that use that same password hacked,” he says.

Despite his security advice, Munro describes himself as “on the fence” about internet-connected smart toys as a whole. “Most internet of things devices can be hacked in one way or another,” he says. “I would urge caution.”

***

Is all of this legal? Companies might not be doing enough ethically to protect the privacy of children, but are they acting responsibly within the confines of the law?

Benini explains that Dino complies with the United States Children's Online Privacy Protection Act (COPPA) of which there is no real equivalent in the UK. COPPA says that companies must have parental permission to collect personal information over the internet about children under 13 years of age. “We’ve tried to go above and beyond the original layout of COPPA,” says Benini, when describing CogniToys transparent privacy documents. Parents give their consent for Elemental Path to collect their children’s data when they download the app that pairs with the toy.

Dino bears a striking similarity to Amazon Echo and Google Home, smart speakers that listen out for commands and questions in your home. Everything that is said to Amazon Echo is recorded and sent to the cloud, and an investigation by the Guardian earlier this year discovered that this does not comply with COPPA. We are therefore now in a strange position whereby many internet of things home devices are legally considered a threat to a child’s privacy, whereas toys with the same capabilities are not. This is an issue because many parents may not actually be aware that they are handing over their children’s data when installing a new toy.

As of today, EU consumer rights groups are also launching complaints against certain smart toys, claiming they breach the EU Unfair Contract Terms Directive and the EU Data Protection Directive, as well as potentially the Toy Safety Directive. Though smart toys may be better regulated in Europe, there are no signs that the problem is being tackled in the UK. 

At a time when the UK government are implementing unprecedented measures to survey its citizens on the internet and Jeremy Hunt wants companies to scour teens’ phones for sexts, it seems unlikely that any legislation will be enacted that protects children’s privacy from being violated by toy companies. Indeed, many internet of things companies – including Elemental Path – admit they will hand over your data to government and law enforcement officials when asked.

***

As smart toys develop, the threat they pose to children only becomes greater. The inclusion of sensors and cameras means even more data can be collected about children, and their privacy can and will be compromised in worrying ways.

Companies, hackers, and even parents are denying children their individual right to privacy and private play. “Children need to feel that they can play in their own place,” says Samson. It is worrying to set a precedent where children get used to surveillance early on. All of this is to say nothing of the educational problems of owning a toy that will tell you (rather than teach you) how to spell “space” and figure out “5+8”.

In a 1999 episode of The Simpsons, “Grift of the Magi”, a toy company takes over Springfield Elementary and spies on children in order to create the perfect toy, Funzo. It is designed to destroy all other toys, just in time for Christmas. Many at the time criticised the plot for being absurd. Like the show's prediction of President Trump, however, it seems that we are living in a world where satire slowly becomes reality.

Amelia Tait is a technology and digital culture writer at the New Statesman.