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Loosening Labour’s golden straitjacket

Economic crisis presents opportunities as well as stark threats for social democracy, writes the Oxf

Like the early Christians, the founding fathers of the Labour Party were sustained by their faith. They believed that a society based on individual self-interest could be transformed into one based on human fellowship.

Bruce Glasier, a contemporary of Keir Hardie, declared that socialism was not about getting but giving. Such utopianism could not survive the harsh realities of government. The Attlee administration, Lab­our’s first majority government in 1945, came to appreciate that, for the foreseeable future, it would have to administer a private-enterprise economy. Labour became, in practice, a social-democratic rather than a socialist party. Yet, because it was unwilling to face up to reality, it remained, from the time of the demise of the Attlee government until the 1990s, directionless, despite being or perhaps because it was able to form governments in the 1960s and 1970s.

Yet social democracy has been the most successful ideology of the 20th century. What, after all, accounts for the great stability of Europe since 1945 and its high rates of economic growth, compared with the turbulence and crises of the interwar years? The basis of the postwar settlement in western Europe, whether administered by Christian Democrats such as Konrad Adenauer in Germany, the Gaullists in France, or Conservatives such as Winston Churchill and Harold Macmillan in Britain, was social democracy, a philosophy which sought to reconcile the competing needs of the people and the market. Yet the success of social democracy was hardly noticed, because its main tenets – a high level of state-provided welfare with taxation to match in an otherwise private-enterprise economy – seemed, for many years, to have been absorbed by all of the mainstream political parties in Europe.

The true hero of postwar politics in Europe is not John Maynard Keynes, and certainly not Friedrich von Hayek, but the forgotten German revisionist Eduard Bernstein. It was Bernstein who formulated modern social democracy, a type of socialism which accepted the market, but insisted that the state had an important role to play in ensuring social justice. Markets where possible, the state where necessary: this has been the slogan of modern social democrats. It was the view that social and economic processes were not spontaneous – but could be controlled by the state – which served to differentiate social democrats from their ideological opponents. In the words of the American political scientist Samuel Huntington, social democracy sought to recreate “through political means the social unity which modernisation has destroyed”.

Over the past 30 years, however, this philo­sophy has been in eclipse. It was replaced by another philosophy, that of neoliberalism. Not only Keynes, but also Bernstein, found himself eclipsed by Hayek and Milton Friedman. In the neoliberal view, any attempt by governments to influence the natural processes of the market would be counterproductive and doomed to failure. Within a basic framework of law and morality, the economy should be left to run itself. People should be allowed to make the most of their capacities and resources, as well as their luck, and should no longer be subject to the overall direction of the state. The social-democratic philosophy of the primacy of the state came to be replaced by the neoliberal philosophy of the primacy of the market.

In Britain, it is possible to pinpoint with some accuracy the moment at which social democracy came to be eclipsed. It happened after the wave of public-sector strikes – the so-called Winter of Discontent – of 1978-79. For these strikes, which kept the dead unburied in Liverpool, sent cancer patients home in Birmingham and left rubbish in the streets in London, could hardly be reconciled with the social and communal solidarity on which the postwar settlement was based.

In 1979, James Callaghan’s Labour government, which had presided helplessly over the Winter of Discontent, seemed to be facing electoral defeat. At one point, however, the polls improved for Labour and it looked as if the party might be in with a chance after all. No, said Callaghan: “There are times, perhaps once every 30 years, when there is a sea change in politics. It then does not matter what you say or do. There is a shift in what the public wants and what it approves of. I suspect there is now such a sea change – and it is for Mrs Thatcher.” And so it proved. Margaret Thatcher was to remain prime minister for more than 11 years; the Conservatives were in power for 18 – the longest period of continuous one-party rule in Britain since the Napoleonic Wars; and Labour was unable to return to power until it had transformed itself into New Labour.

All over the world, social democracy was on the defensive. It was not that social democrats were not in government, but they could only retain power, as in Australia, France and New Zealand, by adapting themselves to the philosophy of the market. Right-wing parties sometimes lost elections, but everywhere they seemed to be winning the argument. “The era of big government is over,” Bill Clinton told Congress in 1996. In 1999 the French president, Jacques Chirac, referred to Tony Blair as “a modern socialist. That means he is five miles to the right of me.” “And I’m proud of it,” responded Blair.

Blair accommodated his party to the market philosophy and to globalisation, which the American commentator Thomas Friedman called a “golden straitjacket” for the left. The success of postwar social democracy seemed to have depended on an equilibrium between production and redistribution, regulated by the state. With globalisation, that equilibrium appeared to have been broken, because capital and production had moved beyond national borders, and so beyond the remit of state redistribution. Pure socialism in one country seemed impossible, as François Mitterrand discovered after 1981.

Critics argued that New Labour accepted too much of Thatcherism. Yet Tony Blair and Gordon Brown succeeded in rejuvenating social democracy while, in a sense, appearing not to do so. From 2001, there was a huge increase in public expenditure, especially on the National Health Service. This led to the first increase in the public-sector share of gross domestic product since the 1970s, the last period of Labour rule. It had been made possible by Brown’s prudential economic policies from 1997 to 2001, which had gained the confidence of the markets, and therefore allowed expansion of the public services to occur safely.

The increase in public expenditure constituted a sharp break with the Thatcher and Major governments, and for a time it even transformed the attitude of the Conservative Party to public services. Until the recession, David Cameron, the Conservative leader, insisted that his party would follow a “prudent” policy in government. By this, he meant it would ensure that the public services were fully protected before embarking on any programme of tax cuts. He now seems to have abandoned this position, accusing Labour of failing to repair the roof while the sun was shining. But he has yet to make clear what public expenditure cuts would be on the agenda for a Conservative government; as recently as last spring, George Osborne, the shadow chancellor, was calling for more financial deregulation and a smaller role for the state.

The recession is forcing the parties to confront stark choices, and it may be that we are facing another sea change in politics: the recession and the credit crunch could well give birth to a new social-democratic moment comparable to that of the early postwar years. For while, in the neoliberal era, governments had to come to terms with markets, they now have to come to terms with the failure of markets. Our economic problems are the product of a long reign of insufficiently regulated markets, of a regime that produced the housing boom and excess lending by banks and other financial institutions. Governments, therefore, can no longer withdraw from markets, but will have to engage with them more closely. Barack Obama, the nearest America has produced to a social democrat, struck a chord with precisely this message. His chief economic adviser, Larry Summers, now declares that the pendulum “should swing towards an enhanced role for government in saving the market system from its excesses and inadequacies”. Bankers today are more dependent on the state than trade unionists ever were.

Yet governments will also have to engage with society more intensely than they did during the years when the market reigned supreme. In times of economic insecurity, people will insist on a firm safety net of social welfare. They will not be prepared to risk all when markets move. The doctrine that we should all help ourselves and rely on the bankers to make us rich has less resonance now than it did during the neoliberal era. We shall return instead to the philosophy of the immediate postwar years: that the doctrine of self-interest needs to be controlled in the interests of society as a whole, and that a country does better when all work together than when it relies on doctrines of competitive individualism.

The fundamental theme of social democracy is that the processes of economic and social change can be controlled by government. The relevance of this philosophy is becoming newly apparent as the recession bites. Combating the recession, therefore, will depend to no small degree on whether the social-democratic leaders of western Europe can breathe life into the dry bones of what seemed, until recently, a dead doctrine.

In Britain, social democrats are hindered because they have been divided since the end of the First World War, when Labour replaced the Liberals as the main party of the left. Social democrats are divided in many European countries as well: but that is a luxury they can afford, under proportional representation. With first past the post the consequences are ruinous.

In Britain, the divisions on the left have helped encourage Conservative hegemony. From 1914 to 1964, there was just one government of the left with a comfortable overall majority, and this even though there probably was a progressive majority in Britain for much of that period, a majority that would have adopted more imaginative policies to deal with unemployment and the threat from dictators. The divisions among social democrats deepened with the breakaway of the Social Democratic Party in 1981, which served to strengthen the political centre at the expense of the Labour Party.

The leading figures who have done most for the Labour Party – Ernest Bevin, Hugh Gaitskell, Tony Blair and Gordon Brown – have done so by forcing it to confront its shibboleths, by telling the party that it cannot afford to retreat to its comfort zone. The same courage is needed today if the recession in Britain is not to inaugurate another long period of Conservative hegemony.

Vernon Bogdanor is professor of government at Oxford University. His book “The New British Constitution” will be published later this year by Allen Lane

This article first appeared in the 23 March 2009 issue of the New Statesman, Campbell guest edit

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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.

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“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.”

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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.”

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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.

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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.