Salvation versus Resurrection

 

ישעיה כו:יט יִחְיוּ מֵתֶיךָ נְבֵלָתִי יְקוּמוּן הָקִיצוּ וְרַנְּנוּ שֹׁכְנֵי עָפָר כִּי טַל אוֹרֹת טַלֶּךָ וָאָרֶץ רְפָאִים תַּפִּיל. Isaiah 26:19 Oh, let Your dead revive! Let corpses arise! Awake and shout for joy, you who dwell in the dust! For Your dew is like the radiant dew; You make the land of the shades come to life.

Resurrection is very infrequently cited in the Torah. In its rare expressions, it is most often interpreted as a vision of glory at the end of days. But try reading it as a nightmare of the end of days when ignorant nostalgia governs, when dead zombies take power, when the shades enter daily life and hide the rays of sun behind a dark cloud, when those who sleep in the dust of the earth on gold-plated beds awake to reproach all others and spread abhorrence and hatred. (Daniel 12:2).

The vision of resurrection is not something to be celebrated, as the rabbis and Jesus did, but to be feared and eschewed. The monster in the black lagoon may now be coloured green as in The Shape of Water and in our imaginations and apparitions, but the real danger lies in the monstrosity of breath entering the dry bones of a dead past, dry bones covered with sinews and flesh, dry bones made to breathe and live again, when those should have been left in the slow decaying heap where they belonged and left to return to dust. (Ezekiel vv:1-2) The goal should be to deliver the Promised Land to our children and our children’s children and not to those lifted out of their graves.

“Dry bones, ’dem dry bones, now hear the word of the Lord.”

In an age in which a consumer machine with the reach of Amazon, a surveillance machine with the reach of Facebook and a search machine with the power of Google, command the high reaches of our culture, filled in with hordes of more minor players, in an age in which it is so easy to brainwash all in the name of delivering freedom, choice and judgement, in an age when E.M. Forster’s spiritual command to “only connect” has been perverted in the extreme in a connect but totally uncommitted culture, I pray for salvation.

We live in an age of crony capitalism in which real competitive capitalists are exiled as those at the centre of power seek to reduce the independence of the judiciary and laud law and order instead of the rule of law as they create disorder and the rule of whim, in an age in which the political centre can ally with a powerful media network committed to perpetuating and elaborating the same lies instead of holding up truth to power, in an age of political gerrymandering that echoes the corrupt political days of old and power politics is based on a unity of white male elites who cry foul when not permitted to have their cake and eat it too, when simple and arbitrary connects replace commitment and commitment is gutted and converted to sloganeering, when NGOs that are transparent and dedicated are blasted as part of a hidden international conspiracy, when projection onto externals replaces taking responsibility for one’s own actions, when abuse of others replaces critical self-examination of oneself, I pray for salvation.

When those in power wallow in self-pity and victimhood, when the tactics of the powerful weaponize culture to instigate emotionally dominated culture wars, when a nostalgia for the greatness of a nation displaces a historical and critical examination of the past, when anyone committed to the universal oneness of humanity is blasted as a traitor and enemy, when the efforts to improve are turned into a piñata for abuse and calumny, when revenge rather than forgiveness has become the dominating immoral passion, when politicians with a noble conservative heritage turn into impotent patsies of populism, when illiberalism displaces liberalism and when crude nationalism shunts aside true national pride, when the graves for the death of democracies are being excavated, I pray for salvation.

When in the face of feuding sectarianism, shape-shifting allies and local government corruption one turns on one’s heel and retreats, abandoning long-suffering allies, taking with you your military toys, the path is open for corrupt coercion instead of coercion used in the defense of values, I pray for salvation.

 

With the help of Alex Zisman

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Eritrean and Sudanese Refugee Claimants in Israel

There are about 36,000 Eritrean and Sudanese refugee claimants currently in Israel. Israel claims that the vast majority are illegal migrants or, as Prime Minister Netanyahu (Bibi) calls them, “infiltrators.” T’ruah, an Israeli human rights NGO, claims the reverse, that they have mostly fled oppression and forced military service (Eritrea) for a safe haven in Israel. Israel was one of the first countries to ratify the Refugee Convention in 1954 and, therefore, had agreed not to refoule refugees if they had a legitimate fear of persecution. To assess the application of this criterion, some background might be helpful.

In the early 2000s, Sudanese fled to Egypt as refugees. By 2005, 30,000 had registered for asylum status there, but there were tens of thousands more in the country who had not been registered. In November 2005, a Sudanese asylum sit-in crisis took place in which the majority of the 4,000 protesters were women and children. Over six weeks in a park near the Mohandessin mosque in Cairo, the participants in the sit-in grew to 4,000 just when Egypt had taken steps to deport 640 Sudanese “illegal migrants.” UNHCR offered to organize a voluntary repatriation to Sudan, given that the Sudanese government and the Sudan People’s Army had signed a Comprehensive Peace Agreement on 9 January 2005.

However, UNHCR, which had suspended its asylum hearings after the peace agreement had been signed, was unsuccessful in mediating the dispute in which Sudanese refugee claimants were protesting the dire social and economic problems they faced in Egypt and the insecurity of their status. Overwhelmingly, the Sudanese were unwilling to return to Sudan given that they faced a worse and more dangerous situation there. Further, the agreement the year before (the so-called four freedoms agreement), guaranteeing Sudanese in Egypt freedom of movement, residence, work and property ownership, had never been implemented. The Sudanese were still treated as foreigners with no rights to stay.

The government turned on the refugees using water cannons and batons. On 30 December 2005, thousands of riot police attacked the refugees to end the protest in the camp and killed at least 20, though Boutros Deng claimed that 26 Sudanese were killed, including two women and seven children. Egyptian human rights and refugee organizations claimed the total was much higher and that over 100 were killed. Though no survey is available, most of the public seemed to support the police and called the Sudanese dirty, rowdy criminals and stealers of jobs.

The Eritreans had a slightly different history. They were not fleeing ethnic cleansing and possible genocide, as the Sudanese did from Darfur, but an extremely oppressive regime that made military service compulsory and indefinite following the 1998-2000 war with Ethiopia. Deserters were treated harshly and subjected to indefinite prison terms. Those who fled initially made their way to Sudan and then to Libya. In Libya, they were mistreated and enslaved. By 2006, they had shifted to Egypt, but given that they were subjected to the same conditions as the Sudanese, they and the Sudanese headed for Israel in the belief that this nearby democratic country would treat them better, especially since Jews had suffered so deeply and so many had been refugees.

Between 2008 and 2010, traffickers had taken control of the flow and enslaved or ransomed the “refugees.” In 2009, Israel created its own refugee determination system. Israel also closed its border. Physicians for Human Rights-Israel interviewed survivors among those enslaved by the traffickers and estimated that as many as 4,000 died between 2008 and 2012. However, getting past the traffickers did not end their quest to reach the Promised Land. For example, in October 2012 a group of Eritrean refugees with little food or water had been stranded at the border between Egypt and Israel for over a week.

However, 36,000 Eritreans and Sudanese managed to reach Israel. Contrary to some claims, there was no necessity that Egypt as the first country in which they arrived had the obligation to process them as refugee claimants or that Israel had the right to send them back to the country of first asylum to have the claims processed in Egypt. The first country rule is an EU edict and not part of international law.

Israel responded to the influx by building an impenetrable border fence and detention facilities. In processing the claims, only 4 Sudanese and 10 Eritreans were granted refugee status, or .01% of Eritrean claimants compared to a success rate in Canada of 85-90%. The Israeli government also initiated efforts to deport those that had arrived in Israel as “economic migrants” and “infiltrators.” In spite of the Israeli effort, more kept coming, but in significantly reduced numbers. Some moved on from Israel to other destinations. Nevertheless, by the end of 2017, Israel hosted a population of 40,000 Sudanese and Eritreans without access to health benefits or a legal right to work, though most were employed in the underground economy, mostly in hotels and restaurants. In 2016, the Israeli government introduced a 20% withholding tax on their wages.

This past November, Israel announced that it had arranged to relocate these “illegals” to an African nation widely rumoured to be Rwanda and perhaps Uganda. The internment camp at Holon would be closed. The government gave the “illegals” 90 days to leave voluntarily with a grant of $3,500 or face forceful deportation. A minority of Israelis reacted by initiating a sanctuary movement as well as one of civil disobedience and non-cooperation with Israeli expulsion efforts; a group of pilots announced that they would not fly the refugees back to Africa.

At the end of January 2018, Israeli Prime Minister Benjamin Netanyahu and Rwandan President Paul Kagame met in Davos. Purportedly, they finalized their agreement to secretly transfer thousands of Eritrean and Sudanese asylum-seekers from Israel to Rwanda. Though some claimants took up the offer of a $3500 grant to help in relocation, most refused. When the Israeli-Rwandan deal became public this past week, Rwanda was embarrassed by the alleged agreement to receive the expelled refugee claimants in return for a reimbursement of resettlement costs. The country (and Uganda) denied that they had signed any such agreement.

In the midst of the past three months, Israeli courts entered the fray. In response to a case filed by the Tel Aviv University Clinic for Refugee Rights, a special Jerusalem appeals court for refugee issues ruled that flight from service in the Eritrean army was a justified ground for claiming refugee status even though British and Danish courts had ruled that it was not. Further, any argument that insisted that granting refugee status to so many Eritreans would threaten the Jewish character of Israel could not be used to make a refugee determination. A stop order was placed on the deportations. In response, the Israeli government requested, and was granted, an extension in the case of asylum seekers from Darfur and Nuba. The High Court of Justice endorsed granting male migrants of working age a “choice” of either deportation with a $3,500 grant or internment in Israel.

In the diaspora, many liberal Jews mobilized to help the refugee claimants working on two tracks – lobbying the Israeli government to drop the policy and negotiating with their own governments to at least take some of the refugees. The effort was successful in Canada when the private sector stood up to the plate to sponsor the refugees and the Canadian government, strongly influenced by a brief of a former Justice Minister, Irwin Cotler, agreed to allow 2,000 to be resettled in Canada in 2018. As a follow-up, in a totally surprising move, this past Monday a separate agreement was announced between the Israeli government and the UN wherein the UN would arrange for the resettlement of 16,250 refugee claimants to other countries over five years while Israel agreed to allow an equivalent number to remain with resident permits. Netanyahu said that he would now scrap the controversial plan to deport the Eritrean and Sudanese asylum seekers given the unprecedented understanding with the UN.

Within a few hours, in the face of a backlash from his base, Netanyahu reversed course, first suspending the agreement and then cancelling it. Even more oddly, seemingly out of nowhere, Netanyahu blamed the NGO, New Israel Fund (NIF), for sabotaging the deal, but no explanation accompanied the charge. The following day, Prime Minister Netanyahu, in an absolutely unprecedented action in Israel, claimed that NIF had put pressure on Rwanda to withdraw from the deal, but offered no evidence. NIF insists that it has been totally transparent and never did what Bibi claimed. Netanyahu, however, promised that parliament would set up a committee to investigate the NIF and its involvement in sabotaging the deal.

The puzzlement is that this leaves Israel in a far worse position. First, Bibi’s attack on the NIF resulted in an enormous swelling of support for NIF and for the refugees. The support came both from Israel and abroad. It even came from south Tel Aviv that had been undergoing a process of gentrification over the last decade and from which area a delegation met Netanyahu on Tuesday. South Tel Aviv is the area where most of the “infiltrators” live because they have access to the bus station, social services set up by Israeli volunteers and companies seeking casual day labourers. With permanent status, the Eritreans and Sudanese would more likely disperse through the country.

The government’s black eye is even much darker. The Rwandan and Ugandan governments, embarrassed by the whole affair, announced that they had no signed deal with Israel. Further, in openly acknowledging that Israel could not sent the “infiltrators” back to their home countries, the government implicitly conceded that the Eritreans and Sudanese were refugees in some deep sense.

In the meanwhile, the debate continues in Israel with those opposed to the refugee claimants accusing them of being illegal migrant workers and infiltrators who, in Israel, undermine Israeli social life. The defenders of the claimants insist that the vast majority are fleeing oppression and, in Eritrea, endless forced military service. Quite aside from the debate over the refugee claims process, Israel introduced another dimension, its long continuing war with Arab states and the antipathy towards Israel of those states and members of the population. Israel claims the need both to preserve its Jewish character as well as preventing Muslims from entering Israel and undermining the ethnic balance. Tough measures towards asylum seekers (or infiltrators) are necessary, the government declared ignoring a long Jewish tradition, for many, the essence of the Jewish character, to helping those in need.

Netanyahu’s reputation has suffered even more than Israel’s. Yossi Verter wrote:

“In the face of all of Prime Minister Benjamin Netanyahu’s past capitulations, it was the most disgraceful, the most transparent. In comparison to all his reversals, it was the quickest, the most humiliating. The man had already taught us a chapter on zigzags and back-and-forths – in the story of the Western Wall egalitarian prayer space and the metal detectors at the Temple Mount, for example – but this time he outdid himself, in both speed and flexibility. A contortionist could only dream of having such a liquid backbone.”

However, the result, though embarrassing to the government and especially Netanyahu that finds himself boxed in, still leaves the so-called illegals without security or a clear road to the future. One advance: Israel released the asylum seekers who were interned for refusing deportation to Rwanda.

 

With the help of Alex Zisman

The Rohingya

On Wednesday, Bob Rae released his final report on the Myanmar and the Rohingya entitled, “‘Tell them we’re human:’ What Canada and the world can do about the Rohingya crisis.” The report can be read in full on the internet.

http://international.gc.ca/world-monde/issues_development-enjeux_developpement/response_conflict-reponse_conflits/crisis-crises/rep_sem-rap_esm.aspx?lang=eng

Though Bob is a good friend, a great ambassador of good will for Canada, a man of both wisdom and great integrity with a fine moral compass, I recommend reading the report both because the plight of the Rohingya refugees and internally displaced is so terrible and the situation forces any Canadian to focus on what principles they hold and how they ought to be put into practice.

As you read or even skim the report, I suggest a number of questions. But first a number of basic facts, most included in the report.

  1. The Rohingya lived for years overwhelmingly in Rakhine State in Western Myanmar.
  2. Rakhine is the poorest state in Myanmar.
  3. The population of Rakhine State in 2014 was 3,188,807 and included many minorities, but in small numbers.
  4. About two-thirds of the population of Rakhine, about 2,100,000, at the time of the above census, was Buddhist, overwhelmingly Rakhine who speak a Sittwe dialect.
  5. Rohingya then made up just over one-third of the population or about 1,050,000 and speak a Rang-bre dialect; that census is somewhat disputed since Rohingya were denied the right to register in the census unless they did so as Bengali and many refused.
  6. The Rohingya are Sufi Muslims.
  7. Thus, the majority population of Rakhine and the minority population of Rohingya differ in ethnicity, religion and language.
  8. The two groups have been at odds for decades and have a history of violent conflict dating back to at least WWII when the Rohingya sided with the West and the Rakhine sided with Japan.
  9. Many Rohingya fled to Bangladesh before the 2014 census and most were hosted in refugee camps.
  10. In 1982, the Rohingya were stripped of their citizenship and dubbed illegal immigrants from Bangladesh even though their roots in Myanmar go back centuries; for a while, they were issued white identity cards giving them limited rights, but explicitly stating that they were not citizens.
  11. Many Rohingya fled because of employment, education and access to health were limited, a limit of two was placed on the number of children a couple could have, and rights to religious practice, marriage and even freedom of movement were also limited.
  12. Thousands fled in 2012.
  13. In February 2015, the temporary white identity cards were cancelled.
  14. In October 2016, tens of thousands of Rohingya fled as militant Rohingya attacked military and police posts and the latter responded with violence burning villages and raping Rohingya women.
  15. In August 2017, again in response to a raid by militant Rohingya, riots broke out and, facilitated by border police and the military, in a widespread ethnic cleansing involving the burning of hundreds of villages over the following month, an estimated additional 670,000 Rohingya fled Myanmar.
  16. There are now an estimated 950,000 Rohingya refugees in Bangladesh and another 50,000 or so distributed among Thailand, Malaysia and Indonesia.
  17. Of the remaining 450,000 Rohingya in Myanmar, 120,000 live in abject poverty in internally displaced camps.
  18. Most of the remaining 330,000 are little better off and are subject to curfews, severe restrictions on movement and frequent violent attacks.

Bob’s report includes references to the political situation in Myanmar, the political initiatives in the United Nations and a long analysis of the situation followed by 17 recommendations. In his report, Bob states, “I was permitted access to Sittwe, the capital of Rakhine State, the week of February 4, 2018. What became immediately apparent was the deep resentment of the very presence of the Rohingya population in Rakhine by some (my italics) ethnic Rakhine and the extent to which international and other efforts to establish a humanitarian dialogue are, in fact, deeply resented. It is this hatred that in my view poses the greatest threat to any possibility of a safe and dignified return for the Rohingya who are currently living in Bangladesh and indeed threatens the lives of those Rohingya who are still in central and northern Rakhine.”

Question 1: Why does Bob in his first recommendation insist on listening to the voices of the Rohingya but does not include the voices of the majority of Bamar in Rakhine, Myanmar, or of the Bengali population in Bangladesh, particularly those living in the region of Cox’s Bazaar where the largest number of refugee camps are located?

Question 2: Why does Bob recommend that Canada take a leading role in dealing with the crisis when we are such a small donor and would remain so even if we tripled our annual contribution as recommended, when our foreign capital investment in Myanmar is .01 of China’s and Singapore’s, .02 of Thailand’s and .03 of Hong Kong’s, when as an exporter to and an importer from Myanmar, we do not even make it on the comparative charts, and when no basis is provided in the report for choosing among many competing crises in areas where we have much greater interests and a significant degree of political and academic expertise? When we do not count on virtually any scale of economic involvement, when we lack in-depth political capacity or academic expertise, when we advise Canadians to travel to Myanmar with caution because of “the unsettled political situation and the possibility of civic unrest,” when our ambassador, Karen MacArthur, on her trip with other diplomats to Rakhine state, was “protected” by a phalanx of border guards and police who have been accused of perpetrating the atrocities on the Rohingya, why would the Rohingya population, let alone that of Myanmar, be open to Canadian leadership?

Question 3: Why the great stress on humanitarian assistance to camps when the report itself suggests that camps usually lead to the long-term warehousing of refugees as recently documented in the recent book by Alexander Betts and Paul Collier, Refuge: Rethinking Refugee Policy in a Changing World; that book trashes camps as a solution to refugees and emphasizing them appears to undermine economic development in dealing with the problem, a direction which Bob seems to favour?

Question 4: Why not be really radical and take the almost US$1B planned to be spent annually on the crisis and give those funds – say $1,000 to each refugee family with a line of credit of an additional $4,000 spread over 4 years (total approximately 200,000 families = $200M annually) – not only the refugees, but an equivalent amount to the polity hosting the displaced and double that amount as an investment in the local population so that it is in everyone’s economic interest to allow the refugees to settle?

Question 5: Why propose a Memorandum of Understanding (MoU) among the various stakeholders when even in states with a much smaller degree of ethnic and religious conflict, such MoUs in Kenya and Nigeria where the historical, structural, institutional, legal, and cultural dimensions of the conflict have very much smaller depth, and when MoUs have had limited success in other regions only because the local insurgency was overwhelmed by force by the state as in Aceh, Sri Lanka or the Myanmar Keren in Thailand (the minority uprising was effectively defeated)? Only in a polity like Northern Ireland has there been significant success, but the conflict was between two groups divided by religion only, without nearly the extent of violence and in a context of strong social and political institutions. The governments of Myanmar and Bangladesh over the years have signed many agreements, three recent ones concerning the repatriation of the refugees, but the situation simply gets worse and the words have little substantive meaning.

Question 6: Why does recommendation 5 require, “reassuring both the Rohingya population and the international community of the sincerity and credibility of the commitment of both the civilian and military wings of the Government of Myanmar to an effective plan for the return of the Rohingya population,” when the desire for return may be sincere, but has never been shown to be credible where ethnic and religious groups have been involved in violent conflict, unless the ethnic groups returns after its army has inflicted defeat as in Rwanda in 1994? Otherwise, refugees never return in a context of groups with deep ethnic and religious divides and a long history of violence. (See Howard Adelman and Elazar Barkan, No Return, No Refuge – Rites and Rights in Minority Repatriation.) Further, Bob himself writes that although, “The government has also said it will allow for the return of the Rohingya to their home villages…evidence suggests that many of these villages have been destroyed, and there is a prevailing sentiment within the local ethnic Rakhine population against the Rohingya’s return.” In addition, “United Nations (UN) agencies have stated that they do not believe conditions are present for the ‘safe, voluntary, dignified, and sustainable’ return of the Rohingya to their homes in Rakhine State.” Saying that return has to be conditional in this way just means that there will be no return.

Question 7: Why support Track II initiatives – I have been involved in several – when in such contexts, like refugee return, they have such an unlikely payoff and sometimes lead to extending a violent conflict and the suffering of refugees in the belief that peace (and refugee return) are right around the corner?

Question 8: Why make reference to the Responsibility to Protect (R2P) when it has not been operative and if it is, it is because the responsibilities of the international community to protect the oppressed within a polity have been suborned to sovereign rights; even the report recognizes that implementation is subject to the government of Myanmar’s consent?

Question 9: Why was the proposal for Canadian resettlement places for the Rohingya not included in the final list of recommendations?

Question 10: Is there a possibility that the 450,000 Rohingya still in Myanmar might be better off and their situation more likely to improve if the emphasis on the issue of repatriation of the refugees was removed?

Those are enough questions. I leave aside the proposed conditions suggested for the governments of Myanmar and Bangladesh, the recommendations for dealing with accountability and preventing impunity for those guilty of ethnic cleansing and even possibly genocide, or the recommendations on inter-state cooperation in handling the crisis and the formation of a multi-ministry task force in Canada to deal with policy and its implementation.

Anyone is invited to answer these questions.

 

With the help of Alex Zisman

Foxtrot and Contingency

Let me be perfectly clear. Samuel Maoz’ film Foxtrot, that won eight Ophirs in Israel, the Silver Lion Grand Jury Prize in Venice and was a runner-up to the shortlisted nominations for the Academy Award for the best foreign film, is superb. I, however, do not recommend that you see it. The film is just too heart wrenching, just too painful to watch. When physical self-harm is used to inflict pain on oneself in order to distract from the far more ominous and inescapable emotional pain, then you get some idea of the depth and breadth of the pain aimed at the audience. We cannot feel the self-inflicted physical pain. Extraordinarily, that is a relief. For we cannot escape feeling the emotional pain.

And there were so many times I wanted to escape, to just get up and leave the theatre. Admittedly, the pain for me might have been doubled because I watched the film yesterday with my youngest son and the film is about the loss of a son. Admittedly, that pain might have been doubled again because of a trauma of death that my son went through that was not that dissimilar to the one in the movie. Nevertheless, when I awoke this morning after going to bed early because I had been so emotionally rung out, I still felt like a dishrag that had been wrung dry. I slept seven hours in total instead of my usual 4-5 hours.

I will tell you the opening of the first 60 seconds of the film, but no more. After a seemingly unrelated frame of a truck driving down a lonely and dusty road, an Israeli soldier appears at the door of an upper middle-class family in Tel Aviv. Daphna Feldmann (Sarah Adler), the mother of a 19-year-old Israeli soldier, Jonathan (Yonaton Shiray), faints. Michael (Lior Ashkenazi) is stunned into silence. This is all in the first minute. Little is said. Little needs to be said. And the emotional impact simply grows from there. Reflecting and thinking about the film, rather than reliving it, is itself an escape.

What started as a dance to the syncopated ragtime music of composers and performers like Scott Joplin, the foxtrot was translated by Fred Astaire and Ginger Rogers into a dance with elegance and fluidity in a 4/4 time signature rhythm. The foxtrot dance alternates between two rhythms – slow-slow-quick-quick and slow-quick-quick. The quick-quicks are reduced to punctuation marks in the movie.

Instead of a free-flowing rhythm, the foxtrot in the film is reduced to a stilted and rigid exercise of squares in which the dancer returns to the original point. According to Maoz, “We thus enter the Foxtrot dance of traumatic circle: no matter what you do, you always end up where you began.” However, instead of going around in circles, the movie actually travels in rigid and repetitive squares. And when illustrated in the film, instead of a close dance, the individual performer moves in isolation. Right, back, left, return. Yamina, sig, smola, shub. The movie moves in a straight line, yashar, yashar, only between the corner points of the square, each time after a radical ninety degree turn.

The term “foxtrot,” reduced to very selective essentials, is ironic. There is never a trot. And the movement is so sluggish as to be paralyzing. As we watch each parent separately from a bird’s eye view in the claustrophobic intimacy of a washroom in the beginning act, we suffer from vertigo, but not from movement, but from lives that literally have come to a dead stop even as their bodies painfully curl up in foetal positions.

The film has four acts, though the director insists that there are three. “The three-act structure enabled me to offer an emotional journey for my viewers: the first act should shock them, the second should hypnotize, and the third should be moving. Each sequence reflects, by using various cinematic tools, the character that stands in its center. The first act, featuring Michael, is sharp and concise—just like him. It consists of detached compositions. The third act is loose and warm, just like Dafna. It floats a few inches above the ground. The second act takes place in a surrealist outpost, occupied by four soldiers and an occasional wandering camel…This act is uniquely non-verbal (in) its wry sense of humor and surrealism.”

It is not as if there is no relief from the emotional pain of Act One. There is. The relief even includes some gentle humour in the second act as Maoz describes it. But the main relief in the film in that second act is boredom, the alternative enemy of human happiness to pain. We choose to be bored, even in the most boring context, precisely because we blame the boredom on externalities. We do not choose emotional pain. Further, boredom is painful in a very different way than emotional pain. For boredom messes with our heads, not our hearts. Boredom results from being disengaged from another (in a Freudian slip, I first typed “from amother”); emotional pain is a product of intimate engagement. We become bored when we are cut off from both internal and external stimuli. We experience the greatest emotional pain when internal and external stimuli combine to whack us in the solar plexus. With emotional pain, there is no one to blame. When people are bored, they always blame their surroundings rather than taking responsibility for their own circular obsession with being bored.

For the German 19th century philosopher, Arthur Schopenhauer, “the two enemies of human happiness are pain and boredom.” Life is an oscillation between pain and boredom, between torment and repetitive actions without meaning, such as Sisyphus rolling the rock up the hill daily only to see it roll down again just before he reaches the summit. Which is the worst hell? In Schopenhauer’s pessimism, to the degree we escape one, to that degree we are thrust into the arms of another.

However, Schopenhauer inverted the experience of each. Boredom is largely a product of external and objective conditions, but that eminent philosopher believed that boredom comes from the inside. Emotional pain is a product of the internal and subjective, but Schopenhauer attended only to physical pain and attributed it to be a product of poverty and the absence of external conditions that would have allowed us to thrive and prosper instead of feeling pain. The movie tells an opposite story to that of Schopenhauer, of inner emotional pain and external boredom.

But the main philosophical concept underlying the powerful impact of the film is contingency. Contingency has two very opposite meanings. It refers to what may happen. The movie is an exercise in imaginative possibility rather than a depiction of reality. The controversial scene which aroused the ire of Israeli politicians is not a depiction of how the IDF behaves, even though this is what some viewers and commentators thought, but an extension of circumstances to make what is possible plausible. As Maoz said in an interview, “This is not a film about the occupation or the Palestinians. It is a film about Israeli society. Second, a work of art should not aspire to imitate and recreate reality; it should interpret, illuminate, or unravel its hidden aspects. And this is exactly what Foxtrot is trying to achieve.”

The second very different meaning of contingency refers to something liable to happen rather than simply a mere logical possibility. If we take the film to be about contingency as a likely existential liability rather than a remote logical possibility, then from my knowledge of the ethics governing the Israeli army, what is depicted may be a logical possibility, but is also a calumny in portraying the IDF. As Maoz himself said, “I was doing something that seemed right and logical. I wanted to deal with the gap between the things we control and those that are beyond them.” He was not depicting an existential reality.

The second act is a stylized surreal portrayal, a depiction that attracted the wrath of some leftist Israeli politicians for that stylistic quality and the wrath of right wingers because of the content. In spite of the detailed and heightened reality of the first and third acts, the power of the film comes, not from its existential portrayal of reality in the first and third acts, but from the logical sense of inevitability.

For Immanuel Kant, teleology, the end purpose and meaning of everything, is regulative; it is not a depiction of actuality. It serves as a guide, not as a depiction. Hegel argued that teleology served as such a guide only because of an instinct built into reason itself to bring everything together into an actual whole that appeared to constitute reality. That propensity would end up leading people to believe that they understood the absolute truth of the present when a belief in the absolute was precisely what had to be disaggregated in each age. The great philosophic irony is that most commentators took Hegel to be an advocate for the absolute and not someone who described its all-embracing and claustrophobic but inevitable propensity to characterize life that way.

Is the film about self-knowledge, the whole humanistic effort since the Enlightenment and even the Socratic foundations of philosophy? Or is the film a critique of the militarism that infects Israeli society? Is it a fearless autopsy on human emotions in general and Israelis in particular much more than a social critique? Certainly, Maoz’s first film, Lebanon, belonged to the latter category. “Lebanon, was based on my experience as a 20-year-old gunner in one of the first Israeli tanks to enter Lebanon in the 1982 Lebanon War. That film helped me to try and understand what it means to kill other human beings, as I did during my military service at the IDF. I had no other choice, and yet the notion of taking lives is an excruciating burden I am forced to live with. Foxtrot was born from a different place. After Lebanon was released in 2009, I was overwhelmed by the stories other Israelis with PTSD have told me. I realized I was not alone. There are endless variations of my story and the kind of pain and guilt it germinates.”

Maoz actually offers the same answer in the film. The son of the parents, Jonathan, is a sketch artist. The last drawing he made hangs on their wall. Each parent offers an opposite Freudian interpretation of the drawing. Neither takes it to be about reality. Is the irony that they presume a deep psychological meaning – however opposite for each – when there is none, or is the irony that most members of the audience will believe the parents missed the point – that this was an actual portrayal of a horrific reality?  The audience is then invited to laugh at the parents rather than examine why they do this instead and what such an interpretation says about themselves. Why do commentators and members of the audience tend to interpret the sketch to be about the son’s effort to externalize his trauma rather than a surrealist element in the movie intended to provoke self-examination? Is the weakness of the film, and its limited box office appeal, a result of this ambiguity, when there is one intended outcome but the opposite actual one?

I do not take the film to be primarily a critique of the IDF and the extent to which it does or even could engage in literal corrupt cover-ups that infects and makes complicit the lives of individual soldiers in the IDF. I do not interpret the film, as the Israeli Minister of Culture, Miri Regev, did, as offering a “searing, for her, unjustified, critique of Israeli militarized culture.” As Maoz declared, “If you choose to see this narrow picture (that of Regev), it will be your choice. But I will do anything to force you to see the bigger picture.” Does the film attempt to provide an understanding of military reality or is it primarily an exposure of inner psychological reality? The overwhelming focus of the film on the parents and their internal emotional pain suggests that the latter is the case, that the film is primarily about self-understanding and is not a critique of society, however depressing the external narrative concerning the perpetual nature of the external conflict.

Maoz said, “I needed to find a dance that you can do in many versions, but you will always end at the same starting point. This is the dance of our society. The leadership has to save us from the loop of the foxtrot dance, but they’re doing the opposite.” However, he also said that, given the Holocaust, “we couldn’t complain, we had to repress, and we became a second generation of traumatized victims.” Sometimes he seems to describe the film as a social critique, at other times as a socio-psychological inquiry into the Israeli and human soul. Is the terrible scene in the film’s second act and depicted in the drawing an ewar, death,ffort to describe political reality or is it a metaphor, as Maoz said, “a microcosm of our apathetic and anxious society”? “For me (Maoz), this was the climax of an unhealthy situation that gets more and more crooked. We prefer to bury the victims rather than asking ourselves penetrating questions.”

 

The overcoat: a musical tailoring – a review

Just over 57 years ago on a cold winter evening in 1961, I sat with Herb Whittaker, the theatre critic for the Globe and Mail, in a basement theatre on 47 Fraser Avenue created and developed by George Luscombe’s new theatre company, Workshop Productions. Herb Whitaker was a genteel, positive reviewer, an enthusiastic supporter of theatre even as he appeared so conventional. I even wondered as I watched the overcoat: a musical tailoring last evening whether the main character, Akakiv, performed by Geoffrey Sirett, had been modelled on Herb since Herb’s first job had been an office clerk with the Canadian Pacific Railway in Montreal’s Windsor Station. Herb’s review of Hey Rube which we saw that evening over half a century ago, in contrast to my own unboundaried enthusiasm, was gentle and uplifting, full of plaudits and supports, but without my emotional excess.

Workshop Productions in 1961 was not the Bluma Appel Theatre. Nor was it the Royal Alex on King Street or even the Crest Theatre, that had been the only professional theatre in Toronto on Mt. Pleasant north of the tony area of Rosedale; that theatre had just gone broke. This was a theatre put together out of industrial leftovers, not with a curtain or proscenium, but a thrust stage. It was the precursor to the flowering of theatre in Toronto led by Theatre Passe Muraille, Factory Lab Theatre and the Tarragon.

Workshop Productions was set in the heart of Toronto’s old industrial district made up of factories and spillovers from Toronto’s garment district just east on Spadina Avenue. I had worked for several years in the early fifties as an apprentice cutter in Hollywood Children’s Wear just north of that theatre. When I reviewed Hey Rube, I was a graduate student in philosophy at the University of Toronto and the junior drama critic then writing for the Toronto Daily Star under the supervision of the entertainment editor, Nathan Cohen. There were two other patrons in the bleacher seating, both friends of the cast who had been given free tickets. As tiny as the theatre was, it felt totally empty.

Both Herb and I wrote rave reviews. Hey Rube ran for months with full houses every evening. The play blew my mind, even though the only actors on stage that I recognized were George Sperdakos and Joan Ferry. At the University of Toronto as a young pre-med student, Sperdakos had recruited me as part of a small band of students in the fall of 1956 to volunteer to re-fight the Spanish Civil War in Hungary, this time against the Soviet empire rather than a fascist one. Fortunately for us, the Russians had been very efficient in crushing the uprising and our romantic gesture went up in a whiff from one of George’s then ever-present cigarettes.

Hey Rube was a very different type of revolutionary experience, one inspired by the left, but in the realm of art and theatre. Strongly influenced by Joan Littlewood’s experimental theatre in London in Britain, George had returned to Toronto to introduce a form of theatre that avoided the drawing room dramas of Anton Chekhov and Henrik Ibsen or even the kitchen sink theatre of the new upstart playwrights in London such as John Osborne. This was theatre more focused on movement than on words, on feelings more than ideas, on acrobatics more than Shakespearian enunciation, and on visual creativity more than auditory stimulation. It seemed to have more to do with the circus and vaudeville than the plays I had learned to read. Hey Rube was heavily influenced by the commedia dell’arte Italian tradition of theatre.

The theatre notes in the Canadian Stage co-production with Tapestry Opera of the overcoat: a musical tailoring which I saw it the Bluma Appel Theatre last evening made no mention of that tradition or any influences from it. Yet in its movements, in its use of mime and the traditions of the world of clowns and circuses, in its swift and sudden changes of perspective, it is strongly linked to these roots. Most of all, the overcoat avoids subtlety in favour of word play and tricksters. It is minimalist theatre in its design, but very intricate yet overflowing with exuberance and gusto in its staging.

Unlike Hey Rube, which was a rough work, ragged on the edges though full of vitality at the core, the overcoat is a bespoke production, an intricately detailed piece of material artistry, an operatic play. Instead of being based on the premise that, “I think therefore I am,” cogito ergo sum, the clear and distinct idea at the core is emotional rather than cognitive. It is based on physical theatre of movement more in tune with Cirque du Soleil. The production insists that since I sing and move, therefore I am.

But it asks a basic question. What am I when I sing and move? A zero, a nothing, someone who does not count at all, who cannot count and put numbers in order and does not count because he is not recognized as a person by anyone else? Am I a zero suited only to live in a loony bin? Or am I a one? Can I even be a two or even a three and rise, not just above the ordinary worker, but to the raised walkways of the upper middle class? To answer that question, we in the audience have to see and hear and get beneath the tailor-made outerwear that both disguises the self and transforms it into an artistic artifice.

This is an example of physical theatre as the lining of an opera, but it is still primarily a well-crafted opera. Usually I hate opera, though this is a judgement based only on attending three, a judgement made though two of my best friends were ardent opera buffs and one was an opera critic. But I have too much of a tin ear. Even last evening, as enthusiastic and entranced as I was by what I saw and heard, in my ignorance I am sure I missed the playfulness, the patchwork of the tapestry, that borrowed and layered from a history of music. For the first time in my life, I deeply regretted that I was a musical ignoramus, though I could at least pick up the repeated melodies associated with and allowing identification of the different characters.

Jill Lepore’s first lecture in her Priestley series that I wrote about recently was called, “Numbers.” The keynote speaker at the Walter Gordon symposium addressed the issue of counting. But the topic Deborah Stone addressed and analyzed was the ethics of counting. The opera on stage last evening dramatized a time in the industrial revolution in the nineteenth century when the foundation stones of modernity were established in the dual supports of numeracy and being counted, being recognized. If I just count, do I count? Do I matter?

The opera opens with a mime playing off Harold Pinter’s The Caretaker as he offers a brief plaintive tune on an accordion that ignites the stage with its perkiness. Immediately, I snapped to attention and remained mesmerized for the whole production. I was reminded of Joan Littlewood’s dictum that if you have to choose between god and the clowns, choose clowns. At first, I thought the setting would be an asylum, but that simply framed the opera. The centrepiece was the office of bookkeepers working in the industries of the nineteenth century.

In the simplicity, there was never a moment of confusion where you had to think about what anything meant. In a whirlwind of athleticism counterpoised against rigid men working as accounting clerks in the nineteenth century of Nikolai Gogol, the predecessors to men in grey flannel suits, we encounter both loneliness and alienation of the central figure in the production evoked by what my untrained ears heard as a pitch-perfect score. (Nathan Cohen had taught me to write theatre criticism with full conviction even if I was ignorant, but I have been too steeped in the Socratic philosophic tradition to follow suit.)

It was as if I were watching an adult and musical version of a Dr. Seuss book written where the rhymes are fantasy-filled and full of kinetic energy. The clerks may ride to work hanging onto the straps and bars of their tram or subway cars, but they are forced to move together to reflect and express the rhythm of the era, operatic music brought onto the stage of a music hall. In part agit prop and Charlie Chaplin, in the scene where the main character, Geoffrey Sirett, a baritone singing the part of Akakiv, gets totally drunk and wasted, probably for the first time in his life, I was taken back to the days of Brendan Behan and his plays, The Quare Fellow and The Hostage written under the inspiration of Joan Littlewood’s ideas. The Irish poetry of these plays of everyday speech were undercut by Behan’s alcoholism. A year before he died in the mid 1960’s from his drinking, I remember when he stayed with us – or really did not stay for he was always about town carousing – and I went looking for him. His pessimistic vision of the world, unlike the false optimism of the hero of the overcoat, turned him into a zero instead of the great artist that I believed he had been destined to become.

Thank goodness that Morris Panych, as the director and writer of the libretto, and James Rolfe, as the composer, have been more disciplined and have been able to turn out such a bespoke overcoat to make any member of the cloth trade on Spadina Avenue proud. The work is simply brilliant, enhanced by a wonderful set by Leslie Dala that evokes the steel rigidity of the iron gating of those old nineteenth-century original “skyscrapers” with the mobility and flexibility of a three-ring circus. Together with the lighting director and other talented musicians and actors, instead of witnessing the destruction of well-ordered and considered complacent middle-class theatre, we experience traditional middle-class theatre raised to a whole new level. And the audience with its standing ovation expressed their absolute delight with such a wonderful work of art. The pathos and wit were clever without being ribald. Grandiosity and down-to-earth story-telling, gentility and a satire of that gentility, exuberant energy and repressed and mechanical motion, poetic verse and music, had been combined without any need to dip into vulgarity.

In an era of celebrity politics where the main concern of the president of the United States is his ratings even as his personal character is revealed to be more deplorable even that anyone expected, where counting becomes more important than being counted for what you do and achieve, where selfies become more significant than recognition by others, the overcoat is a rendition which goes back to the roots and foundations of our current disorder, in counting in order to be counted. When presented with such poetry and music, with clever versifying and impressionistic costuming, vitality and intelligence, the nuttiness of the contemporary world is given depth, beauty and resonance. Wit and zaniness are grounded in a critique of reality and we see and hear magic.

As Jill Lepore opined in her lecture, the essence of the world of numbers and counting is discernment.

With the help of Alex Zisman

Police and Data: Responsa

I would never have expected to receive responses to a dry-as-dust piece on police and data. The blog must have touched a sensitive button. Not so much on the big issue of data, data crime and surveillance, but on issues with which the reader could easily identify – such as controlling vehicle speeds on residential streets.

Some responses were matters of additional information. With respect to traffic calming methods rather than enforcement, I believed that I had provided an extensive list. The techniques I listed were just a drop in the bucket. I could have added the following measures to the list: speed humps (wider than bumps) and tables (wider still) as well as speed trays (bumps arranged like an inverted ice cube tray); mid-block barriers; raised crosswalks and intersections; cobblestone streets; circles, roundabouts, centre islands, chicanes (I had never heard the word before; they narrow a road at strategic places to slow traffic), chokers and neckdowns – chicanes at intersections; and, most interesting of all to me, illusory markings. It is worth writing a blog just to learn about the creativity of traffic engineers.

I was informed that in Norway and Britain, automated digital photo radar is used extensively. In Alberta, photo radar is used. However, without driver identification, unless an officer manning the radar can stop and identify the driver, only the owner of the vehicle can be held responsible for the fine. But without driver identification, no demerit points can be issued.  So why man the camera? I was also informed by another reader that reduction in speeds (say from 30 to 25 mph or 40 to 35 kph) actually reduces speeds to only 29 mph or 39 kph. Signs which show your speed do not work in decreasing that speed, but when accompanied by memes, that frown if you are speeding and smile if you go under the speed limit, do work. Another reader informed me of the opposite – that signs showing speeds without memes do indeed work. I did not do my research to ascertain which claim was correct. Does any reader know?

However, the greater the number of signs, evidently the less effective any of them are. Warning signs are evidently ineffective and, surprising to me, stop signs are counter-productive – drivers speed up to make up for lost time at the intersection. Four way stops also contribute to increased car pollution with every additional stop and go.

Of course, we could simply build the technology into a vehicle to prevent it from going over a posted speed limit. But in our world prioritizing individual rights, such a simple and inexpensive device belongs to a sci-fi world.

In the responses on a whole different level, I was chastised for being too lost in the clouds of philosophy and principles with little practical experience of the way cops behaved on the street. Cases of cops readily killing civilians were cited, most recently the case of the Sacramento police shooting and killing a young Black American in his grandmother’s backyard because they believed his cell phone was a gun pointed at them. Twenty shots were fired by the two police officers. One writer cited this as another case of American racism without noting that the police chief in Sacramento is Black. So was one of the two police officers doing the shooting.

Interestingly, the evidence for the shooting came from the body cameras on the police used for surveillance of police activity. Unfortunately, and questionably, the police afterwards turned off the audio and video recording by pressing mute when other officers arrived. This incident may have more to do with the readiness to use guns in the gun culture so central to America than with the deep-seated racism of America. Further, instead of police having as their priority protecting the safety and security of members of civil society and their property, the police adopt the values of a military culture where fear for their own safety and protecting their own security sets the priority for their responses.

I want to defend myself against the charge of innocence about life in the streets as I get lost in the clouds of abstract principles and philosophy. When I was a teenager, we lived a block away from a police station. We often heard the shrieks of those arrested as they were supposedly beaten by police. “Supposed” is a euphemism for lack of direct evidence through witnessing. However, when some of the police joined the crowd next door to peer at the small television screen, they would often boast about how they dealt out “justice’ to “criminals.” However, when I was indicted for a criminal offence as a young teenager (for scalping tickets) and was convicted, when I was arrested, I was treated fairly and with respect.

This was not true of two of my sons much later. One was arrested and handcuffed in his own home for evidently going through a stop sign three blocks from his home and failing to stop when signalled to do so by a police car following him which he had failed to notice. Another was arrested at the age of 13 or 14, cuffed and taken upstairs for hours of interrogation when we brought him into the police station because another youth had named him as the perpetrator of an assault and robbery of Halloween candies. The fact that my son was six inches taller than the description provided to the police by the accuser, the fact that he had five witnesses to testify that he was elsewhere on Halloween night nowhere near the alleged offence, seemed of no consequence as the detectives seemed committed to getting him to confess and undertook no investigation. After eight months, three appearances in court and huge legal bills, the charges were withdrawn.

Most recently, when I was assaulted physically in my own home, the police were very considerate and patient and went out of their way to be helpful, but they did advise that I not press charges, for the assailant claimed that I had attacked him. They would have to charge us both if I insisted on pressing charges. Better, they suggested, to let it drop, especially since my alleged assailant would likely just get off with his wrist slapped.

I am well aware that police are not paragons of virtue or the best expressions of the principles they are purportedly committed to uphold. But my issue was the theory of policing and its functioning in a society of large data, data crime on a large scale, and taking place in an increasingly surveillance culture. Nor am I unaware of the use of surveillance in the days pre-dating the collection of large scale data.

When I was a student at the University of Toronto and a leader in the nuclear disarmament movement, one of my philosophy professors asked me to come to his office. In that meeting he told me that he had been asked to come to speak to the RCMP. As it turned out, they wanted to question him about me.

On the desk of the detective was a file about 4” thick with material on my activities. He told them nothing because he knew nothing. But he was kindly and wanted to warn me.

I was not surprised. At our demonstrations, there was always a plain-clothed police officer – so evident, he might as well have worn a uniform – who, while participating in or observing the demonstration, took notes and pictures. I always made a point of welcoming him and asking him if I could do anything to help or involve him. After all, no one else was interested in recording my life for posterity. Later on, when the RCMP was running amuck to stop the Quebec separatists, they also torched our research institute on Huron Street, but only after collecting the files and sending them to the then editor of the Sun newspaper.

I could go on with other stories. I merely want to indicate that I am far from innocent of what takes place on the ground. I do not know the extent of the failure of police to uphold the principle of protecting and serving civil society, but I do recognize the discrepancy between practice and principles. The fact that practices fail to live up to principles is not a reason for cynicism or for failing to attempt to articulate what the role and principles of policing should be in the new large data world of algorithms and wide-scale electronic surveillance. Personal untoward experiences should not shade one’s eyes to the fact that the police, and other civil service policing establishments, are extremely underfunded and undertrained to combat the rapidly increasing criminality in this sphere, a criminality that even threatens the fundamentals of our democratic institutions.

Corruption of police on both the local level and on a national level in the U.S. is pervasive. Readers of my blog know that I winter in San Pancho in Mexico. It is an area that is very safe and up until two years ago did not even have a police force. However, many areas of Mexico are unsafe; the numbers of killings recorded are more similar to war zones like Iraq and Syria. Recently, two police officers received 25-year prison sentences for killing newspaper owner Moisés Sánchez in Veracruz, Mexico, in 2015. The local mayor – who allegedly ordered the murder – is a fugitive. Six police officers, believed widely to be part of a drug gang under the control of the mayor, have not been prosecuted even though the entire police force (36 officers) of Medellín de Bravo were questioned. Perhaps, the six were not charged because of the common conspiracy of silence practiced among members of the police.

However, I believe the situation is 25% as dangerous in the U.S., yet we rarely consider not travelling to the U.S. because of violence. In Mexico in 2017, almost 30,000 people were murdered by guns and other means in a population of 130 million at a rate of about 23 for each 100,000 in population. The U.S. total of homicides by guns alone was about 35,000 of a population of 326 million or just over 10 per 100,000 population. However, over half were self inflicted suicides. On the other hand, if non-gun violence is included, the total of violent deaths rises to almost 41,000, and the rate of killings is about 5 per 100,000. Compare that to Canada with just over 600 violent murders for a population of 37 million. Given the American experience, we could expect over 4,000. If Mexico has a violent death rate of almost 5 times that of the U.S., the U.S. has a violent death rate of over 7 times that of the peaceable kingdom to the north.

Mexico has its violent gangs and drug cartels concentrated in specific areas; the actual rate of violence in those high-risk areas is much higher. On the other hand, gun violence in the U.S. is far less unevenly distributed. More significantly, the rate of violence in the U.S. is directly correlated with its gun culture far more than the degree of criminality. Take the example of the billionaire, Robert Mercer, the backer of Breitbart News, heavy contributor to the Trump presidential campaign and the financier behind Cambridge Analytica. He is not only the owner of gun companies (Center Firearms and PTR Industries in South Carolina), but is himself a voluntary police officer for at least six days a year in the Town of Lake Arthur with a population of only 433. Such a position allows him to carry a concealed weapon virtually anywhere in the U.S. because a Congressional law passed in the Bush junior administration in 2004, the Law Enforcement Officers Safety Act, allows police to carry concealed weapons anywhere in the U.S without any need to acquire a local license. In the U.S., as discussed in previous blogs, any civilian can shoot another person if they have a reasonable belief that his or her life was at risk.

Neither the police in America nor American civil society endorse the principle that police enforcement is directed at serving and protecting civil society. Quite the reverse; in many areas the doctrine is that police and civilian self-protection are the priorities. Given this focus, it is unlikely that police agencies will be funded or encouraged to combat data crimes. The privacy of individuals and the right to self-protection takes precedence. The public is also jaundiced against the police in many western and eastern seaboard states just when the internet, once associated with anonymity, is now associated with surveillance, and distrust of that surveillance. Putting the police in charge of supervising that surveillance appears to many a risk that they are not willing to take to fund police to protect and to serve.

The principles governing police activity are actually very simple. Police enforcement, though administered by governments, exists to serve and protect civil society. To the extent that police are turned into government enforcers, or to the extent they are viewed as militant members of an individualist Wild West, in neither case can they serve their primary function. That primary function requires educating police in this ethos, and funding and equipping and training them to fight the most extensive and threatening criminality now extant, that of large scale data crimes.

With the help of Alex Zisman

 

With the help of Alex Zisman

 

Next: Data and Health

Police and Large Data

The first item on the CBC radio news last evening concerned criminality, the criminal use of data in elections. Not the issue of Russian interference to facilitate the election of Donald Trump as president of the United States. Instead, CBC reported on the four hours of testimony that Canadian whistleblower, Chris Wylie (a data scientist who helped found Cambridge Analytica and an advocate for Britain leaving the EU), gave before a committee of the British parliament on the role of data aggregating firms hired by Vote Leave with respect to Brexit and led by Cambridge Analytica funneling money illegally to the Canadian company, AggregateIQ (AIQ), to collect Facebook data and, in the last days of the Brexit vote, influence “persuadables.” Further, he opined that it was reasonable to conclude that the effort altered the outcome of the Brexit vote.

Two criminal acts were allegedly involved. First, aggregate data was illegally collected. Second, money, significantly in excess of that permitted to be used by Vote Leave, was funneled through several data collection companies in order to appear to fall within the limits permitted. On this charge, Wylie backed up the testimony of another whistleblower, Shahmir Sanni, who provided concrete evidence of the breach of spending limits to Parliament. Of course, the companies continued to insist that they had complied with all legal and regulatory requirements.

Wylie testified that the British vote was but one instance of such efforts. The activities ranged around the world, from the Trump election to the Kenyan presidential race, clearly implying that Cambridge Analytica and its parent and related companies were systematically involved in manipulating voters illegally and undermining the democratic electoral process. This past Friday, the Walter Gordon Symposium dealing with “Making Policy Count: The Social Implications of Data-Driven Decision Making” in its first panel took up the issue of Contemporary Policing and Surveillance.

One message came through loud and clear. Police departments are barely into the computer age and are ill-equipped, to say the least, to deal with law enforcement related to abuses in the use of data analytics. Electoral Commissions do not have people on staff that even comprehend let alone are trained to counter such efforts, whether used by Russian hackers or domestic cheats.

Rosemary Gartner, the chair of the panel and a Professor Emeritus from the University of Toronto program on Criminology & Sociolegal Studies zeroed in on how the issue of large scale counting can be unfair when it comes to individual cases of blood alcohol levels, meting out punishments, or even deciding on what is considered a crime worthy of police attention. In light of the big news items, these concerns, however significant, seemed picayune when our whole faith in democratic institutions has been under attack.

Paul Sloly, former Deputy Chief of the Toronto Police Force, who now works for Deloitte, did zero in on mass surveillance and digital crime at its broadest, from cyberfraud to cyberbullying. However, police lacked the most basic servers to do their work let alone counter such criminality. At the same time, there has been an exponential increase in surveillance. The ethical issue of most concern seems to be privacy. In the name of privacy, cameras cannot be used to record and charge speeders who race down our residential streets endangering the lives of children. Automatic Speed Cameras (photo radar) were phased out in the mid-90s. When the Conservatives regained power in Ontario in the mid-1990s under the leadership of Mike Harris, the experimental use of such cameras was phased out.

A report by Drive Safely Michigan stressed improving safety on residential streets by proposing alternatives to surveillance, that would decrease speed or reduce through traffic on local residential streets and in general developing a “traffic calming program” (stop signs, speed limit signs, turn prohibitions, one-way streets, warning and portable signs, speed bumps, rumble strips, street closures, traffic diverters and even road narrowing) to control speeds, but, at the same time, warning or “advising” drivers with permanent markings or signs about the cautions introduced. We have all seen the huge multiplication of these techniques, but I personally – and this is clearly anecdotal – have only observed increased speed on my residential street.

Why not assign officers to monitor traffic? How many? When? Use warnings or tickets? Two problems – the large cost and the effectiveness is restricted to only those periods and places where officers are deployed. What about Automated Speed Enforcement Devices, that is, speed radar and a 35 mm camera interfaced with a computer that could or could not be equipped with issuing automatic tickets? If a vehicle travels down a residential street over a preset threshold speed, the camera photographs the vehicle and its license plate. Tickets could be automatically sent out indicating the date, time location, posted speed and travel speed of the vehicle. Instead, in most jurisdictions, only warning letters are issued. Enforcing speed limits by general surveillance is viewed most frequently as an unwarranted expansion of surveillance. The fact that such surveillance might be significant in analyzing traffic problems that induce speeding and suggest intervention measures, gets slipped to one side in the debate.

There seems to be a misfit between the ethical principles at stake and the nature of contemporary crime. When I interview people on the issue, their concern is not privacy per se, but theft and fraudulent use of private information. They are not so much concerned with keeping their personal information private as preventing its misuse and criminal use. Perhaps, instruments to build in “Privacy by Design” might be helpful, but detection and intervention with actual criminality might be a greater issue.

Professor Akwasi Owusu-Bempah from the Department of Sociology raised the issue of race and the criminal justice system with the old issue of carding, collecting information on “suspicious” individuals, a process that disproportionately, and significantly so, focused on visible minorities, a practice evidently detrimental to policing itself and the integrity of the criminal justice system. Surveillance of what police do in their interactions with the public has undermined almost completely the practice of carding. I thought I had received a double message. On the one hand, traditional values, such as fairness and privacy were critical. On the other hand, in order to protect those values, the police themselves had to be continually subjected to surveillance.

Dr. Valerie Steeves, Associate Professor in the University of Ottawa Department of Criminology, directly addressed the issue of big data and the search for patterns using algorithms to both prevent crime and apprehend criminals. For one, big data can and has been used to undermine the thesis that harsh measures of incarceration cut down criminal activity and to establish that the decline in traditional crimes has taken place independently of such efforts. As far as prevention is concerned, using large data sets and algorithms have not proven to be useful in identifying potential criminality. The feeding frenzy accompanying the mastery of large data and analytics seems to her to be misguided and one must be humble in presenting proposals, implementing them and evaluating the results. Relying on efforts to create smart cities with monitoring sensors everywhere may also be misguided. Steeves was very wary about the process of privatizing the public sphere.

My sense was that the panelists were more concerned with traditional ethical concerns of privacy, transparency and fairness – valuable as those concerns may be – but totally out of touch with the need to understand and be equipped to counter the pervasive kinds of criminality in the use of big data now given almost free reign by the absence of both tools and training to even detect let alone interfere with this raging epidemic. Just because individuals generally are not being killed does not mean that enormous harm is not being carried out – from the pervasive fears that someone will steal my identity and hack into my financial accounts to the undermining of the very political structure on which the health of our society depends.

Hegel in his writing on police in the Philosophy of Right noted that the police were part of civil society and not the state, that they were given exceptional powers of coercion, but only to serve and protect the members of civil society, including, and most importantly, their right to vote in fair elections. The administration of justice is first and foremost needed to ensure that offences against property and persons are negated and the safety of persons and property sustained.

Police and the system of justice more generally were created in a modern nation-state first and foremost to deal with a subjective willing of evil – whether that evil be predatory sexual behaviour, racist victimization or criminal mischief-making. The latter activities, quite aside from a myriad of other pressures and influences, undermine the ability of individuals to make rational choices. Private actions outside of our individual or collective control that either do or could injure others and wrong them must be prevented and offset or compensated for when offences are committed. This is why traffic cameras to monitor speeding and automatically issue tickets should be instituted – not because they are perfect instruments, but because the benefits to personal safety and well-being far outweigh risks to privacy or error.

For the issue is not merely countering injury, but reducing the possibility of injury to as close to zero as is feasible given the need and desire to protect other norms. If police lack the training, if police lack the tools – and I use police in the broadest sense to include institutions such as an electoral commission – if police lack the budgets to counter both actual and possible offences of this order, instead of preventing and limiting harm, the system of justice will be abetting such harm.

This does not mean that surveillance need become ubiquitous. Rather, careful judgement and weighing of ethical norms as well as effectiveness are required to mediate between suspicion and commission of criminality, between suspicion and surveillance, between suspicion and inquiry, between suspicion and what is actually injurious as distinct for what is believed to be injurious, and between what is supposedly suspect and what is claimed to be injurious but is really innocent.

Let me give an example of a failure of policing and the justice system having nothing to do with large scale data and analytics. It was the second item on the CBC 6:00 p.m. radio news last evening. The issue had to do with the case of sexual predatory behaviour at Michigan State University. Yesterday, a former dean of the university, William Strampel, was charged for not preventing a sports doctor, Larry Nassar, from sexually harassing students. It had already been proven that Larry Nassar had for years violated girls and young women, particularly gymnasts, with his finger examinations. This once world-renowned sports physician was sentenced to 175 years in prison.

William Strampel was the dean of the College of Osteopathic Medicine and was responsible for oversight of the clinic where Nassar worked. Strampel failed to enforce orders by, at a minimum, not allowing Nassar to examine students unchaperoned. Nassar was eventually fired in 2016, but between 2014 and 2016, when Strampel had been fully apprised of the risk Nassar posed to students, he failed to set up procedural safeguards thereby allowing Nassar to commit a series of additional sexual offences.

However, in the process of the investigation, evidence turned up that Strampel’s computer had 50 photos of female genitalia, nude and semi-nude women, sex toys and pornography. Further, Strampel himself had solicited nude photos from at least one student and had harassed and demeaned, propositioned and even sexually assaulted students. Strampel insisted in his defence that he was not guilty of any of the charges, but that the problem of enforcing Nassar’s practices rested with the university’s Title IX investigators and not himself. Whether true or not, why was the university itself not charged with negligence with respect to its duty to serve and protect its students?

This is an old-fashioned case of an injustice, though one involving the accumulation of data as evidence. But it is not a case of analytics and large data. The question it raises is that if existing institutions are so grossly negligent in ensuring protection and safety for those for whom they are directly responsible, how can they be tasked with the much larger goal of preventing and inhibiting the epidemic of crimes committed through the use of analytics and large-scale data?

The root of the problem, in my estimation, is the widespread belief in untrammelled individualism. It is why Mike Harris pushed the policy cancelling the use of automatic speed cameras in Ontario. The belief is widespread that personal conscience is the supreme judge of morality precisely at a time when the consciences of individuals are being subjected to widespread manipulation. It is why sexual predators complain that their rights to privacy are being abrogated. It is why they argue that laws should only be introduced to which the individual consents explicitly to bind his or her will. The source of justice, in this misguided view, is seen to be each individual’s unrestricted and unguided conception of virtue and the common good. The result – the diminution of inherited practices of order and good governance that not only respect the individual’s rights to consent and freedom, but reinforce them precisely by also respecting community values and norms already developed to defend our institutions against new assaults. That now entails relatively minor investments in items like automatic ticketing speed cameras, which save money (and lives). Such initiatives also entail massive investments in the technology and skills necessary to counter cyber-criminality.