Advantage, Obama as voting begins in the US

The opinion polls have hardened in favour of the President in the last days of the campaign.

The US goes to the polls today with Barack Obama on the brink of an historic re-election. After a brutal campaign in which the Romney and Obama camps have spent an estimated $6bn between them, making this race comfortably the most expensive election in history, the two candidates are separated by just over one per cent in the national opinion polls. However, Obama holds slight leads in most of the key swing states, including the perennial bellwether state of Ohio. Of the states picked up by Obama against John McCain in 2008, Romney holds poll leads in just Indiana and North Carolina, with Florida and Virginia in a dead-heat.

The two candidates have splurged over $700m on television adverts, most of them negative, in the battleground states. Aside from the presidency, the entire House of Representatives, 34 Senators and 11 governors will be decided today. However, after months of intense campaigning, little is expected to change. The Democrats are poised to retain a narrow majority in the Senate, with the Republicans unlikely to pick up the four seats it needs to take control. In Missouri, Republican candidate Todd Aikin, whose comments about "legitimate rape" rarely leading to pregnancy sparked widespread outrage, is However, the huge gains GOP gains on the back of the Tea Party campaign are not expected to be wiped out, with the Democrats set to fall well short of the 25 gains needed to take a majority in the House of Representatives.

The political deadlock that has existed since the Republicans took control of the House in 2010 is set to continue. In truth, US politics is more divided than it has been for a generation. Despite committing a series of media gaffes, the most notorious being a secretly-filmed video of Romney dismissing the "47 per cent of electors who don't pay income tax and won't vote for me", the former Massachusetts governor has remained in contention. In particular, the Romney campaign was energised by a strong performance against a lacklustre Obama in the first Presidential debate on 3 October. However, after recovering in the final two debates. An opinion poll released over the weekend by the Washington Post found that 79 per cent rated Obama's response to Hurricane Sandy, which ripped through north-eastern America last week, as excellent or good. The President has since been bolstered by October's employment statistics showing that 171,000 jobs had been added to the economy.

Even small factors such as the weather - the forecast for Florida promises rain on Tuesday - may come into play as the party machines complete their 'get out the vote' programmes. However, turnout is expected to be up to five per cent lower than the 57 per cent seen in 2008.

Volunteers at the Romney office in St Petersburg maintain an upbeat demeanour, with a chart on the wall showing the numbers from the minority of favourable opinion polls. But the mood is brittle. Canvassers say they are "scared for their country". One lady tells me that "Obama-care forcing everybody to be equal is just wrong", complaining that the new healthcare regime would force Catholic charities to offer abortions and birth control. She says that she and her husband had to sell their home to pay rising medical bills 'but that's how it works" and proudly states that no Congressional Republicans voted for the bill.

The antipathy to their opponents is not reserved to Republicans. Victoria Yeroian, Young Democrats President at Virginia Commonwealth university in Richmond, describes the Tea Party to me as "an organised version of the Ku Klux Klan".

Democrat party operatives in Virginia and Florida have been in full lock-down mode when it comes to speaking to journalists but seem quietly confident amid the bustle of campaigning activity. The opinion polls have hardened in favour of the President in the last few days, and Democrats have been cheered by New York Times's uber-pollster Nate Silver, who projected a comfortable Obama win on Monday night, placing the vital bellwether state of Ohio, along with Florida and Virginia, in the Democrat column. Silver's formula puts a 92 per cent likelihood on Obama being re-elected, estimating that the President will claim between 310-315 electoral college votes.

As ever, attention will focus on the three big swing states - Pennsylvania, Ohio and Florida. No Republican has ever won the keys to the White House without claiming Ohio, but Romney needs to claim the Buckeye State and either Florida or a clutch of smaller swing states. The world is watching as America votes.

Ben Fox is a political reporter for EU Observer.

Barack Obama calls volunteers as he visits a campaign office in Columbus, Ohio. Photograph: Getty Images.
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7 problems with the Snooper’s Charter, according to the experts

In short: it was written by people who "do not know how the internet works".

A group of representatives from the UK Internet Service Provider’s Association (ISPA) headed to the Home Office on Tuesday to point out a long list of problems they had with the proposed Investigatory Powers Bill (that’s Snooper’s Charter to you and me). Below are simplified summaries of their main points, taken from the written evidence submitted by Adrian Kennard, of Andrews and Arnold, a small ISP, to the department after the meeting. 

The crucial thing to note is that these people know what they're talking about - the run the providers which would need to completely change their practices to comply with the bill if it passed into law. And their objections aren't based on cost or fiddliness - they're about how unworkable many of the bill's stipulations actually are. 

1. The types of records the government wants collected aren’t that useful

The IP Bill places a lot of emphasis on “Internet Connection Records”; i.e. a list of domains you’ve visited, but not the specific pages visited or messages sent.

But in an age of apps and social media, where we view vast amounts of information through single domains like Twitter or Facebook, this information might not even help investigators much, as connections can last for days, or even months. Kennard gives the example of a missing girl, used as a hypothetical case by the security services to argue for greater powers:

 "If the mobile provider was even able to tell that she had used twitter at all (which is not as easy as it sounds), it would show that the phone had been connected to twitter 24 hours a day, and probably Facebook as well… this emotive example is seriously flawed”

And these connection records are only going to get less relevant over time - an increasing number of websites including Facebook and Google encrypt their website under "https", which would make finding the name of the website visited far more difficult.

2. …but they’re still a massive invasion of privacy

Even though these records may be useless when someone needs to be found or monitored, the retention of Internet Connection Records (IRCs) is still very invasive – and can actually yield more information than call records, which Theresa May has repeatedly claimed are the non-digital equivalent of ICRs. 

Kennard notes: “[These records] can be used to profile them and identify preferences, political views, sexual orientation, spending habits and much more. It is useful to criminals as it would easily confirm the bank used, and the time people leave the house, and so on”. 

This information might not help find a missing girl, but could build a profile of her which could be used by criminals, or for over-invasive state surveillance. 

3. "Internet Connection Records" aren’t actually a thing

The concept of a list of domain names visited by a user referred to in the bill is actually a new term, derived from “Call Data Record”. Compiling them is possible, but won't be an easy or automatic process.

Again, this strongly implies that those writing the bill are using their knowledge of telecommunications surveillance, not internet era-appropriate information. Kennard calls for the term to be removed, or at least its “vague and nondescript nature” made clear in the bill.

4. The surveillance won’t be consistent and could be easy to dodge

In its meeting with the ISPA, the Home Office implied that smaller Internet service providers won't be forced to collect these ICR records, as it would use up a lot of their resources. But this means those seeking to avoid surveillance could simply move over to a smaller provider.

5. Conservative spin is dictating the way we view the bill 

May and the Home Office are keen for us to see the surveillance in the bill as passive: internet service providers must simply log the domains we visit, which will be looked at in the event that we are the subject of an investigation. But as Kennard notes, “I am quite sure the same argument would not work if, for example, the law required a camera in every room in your house”. This is a vast new power the government is asking for – we shouldn’t allow it to play it down.

6. The bill would allow our devices to be bugged

Or, in the jargon, used in the draft bill, subjected to “equipment interference”. This could include surveillance of everything on a phone or laptop, or even turning on its camera or webcam to watch someone. The bill actually calls for “bulk equipment interference” – when surely, as Kennard notes, “this power…should only be targeted at the most serious of criminal suspects" at most.

7. The ability to bug devices would make them less secure

Devices can only be subject to “equipment interference” if they have existing vulnerabilities, which could also be exploited by criminals and hackers. If security services know about these vulnerabilities, they should tell the manufacturer about them. As Kennard writes, allowing equipment interference "encourages the intelligence services to keep vulnerabilities secret” so they don't lose surveillance methods. Meanwhile, though, they're laying the population open to hacks from cyber criminals. 


So there you have it  – a compelling soup of misused and made up terms, and ethically concerning new powers. Great stuff. 

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.