Enhanced Disclosure, and the Stainless Steel Rat.

Sun Aug 17 02:21:00 -0700 2008
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Here in the UK we have a thing called a CRB (Criminal Record Background) check, and what this means is that any potential employer of mine can pay a small fee and in return be presented with my entire criminal record.

When I say "entire" I mean it, riding around on a motorcycle in the seventies with no helmet, getting stopped and fined, refusing to pay the fines and being imprisoned for refusing to pay the fines will be in there as "imprisoned, 1978, non payment of fines"

But we also have a thing called Enhanced CRB, and this does not merely limit itself to actual convictions, oh no...

Back when I was released from prison there was a lot of talk about the rights of ex-cons, and how people like me who had served less than six months at a stretch would find that our records were wiped clean after a few years of being trouble (with the police) free.

The idea (erasing records) has some merit, while there are crimes that should not be forgotten, fairly trivial victimless stuff that you did when you were a teenager really doesn't have a lot of relevance 30 crime free years later.

However in the real world even back then it was known that anything that went into the Police national computer stayed there, nothing ever got deleted, and it was always accessible one way or another through channels, legal or otherwise, to anyone (such as a potential employer) with an interest.

My single drugs conviction, a 40 quid fine in 1979 for posession of (from memory) three ready rolled joints is a case in point, I never even bothered applying for a USA visa, and don't forget this is all from the days when "computer" = "mainframe"

So now we have a thing called the Enhanced CRB, and it is mandatory for anyone doing anything, paid or voluntary, that in any way has anything whatsoever to do with children.

That's the minimum, any employer who feels like it can ask for an Enhanced CRB instead of a CRB, and increasing numbers are.

The cool thing about the Enhanced CRB is that it does not just contain convictions, it also contains suspicions (eg stuff you were at one time charged with, but never convicted of) and as if that were not enough it also contains allegations... and "allegations" includes anonymous telephone calls to the Police that you have, for just one example, being taking an unhealthy interest in the kids in the park.

In 2005 I got involved in an on-line flame with three late middle aged losers, yeah, I shoulda known better, blah blah, but within a matter of days all three were publishing my name and claiming that I was a known paedophile. Yup, took em to court and blah blah and I suppose again I shoulda known better, however, I will now fail, and fail miserably, an Enhanced CRB.

All a potential employer will know is my name, date of birth, marital status and all the other stuff on my CV, oh, and the fact that several allegations have been made that I am a paedophile.

At a stroke, any job that is even remotely related to children (this includes their data) is out, it is illegal for the employer not to perform an Enhanced CRB, and effectively (from the liability perspective) illegal to employ anyone who fails the Enhanced CRB.

I'll leave you for a moment to consider what sorts of jobs have no possible connection to children, not a street sweeper, kids walk down the street, not a toilet cleaner in a stuffed toy factory, kids buy stuffed toys, not a plumber, kids live in houses, not a driver, kids live at addresses...

However, the fact is that the job could be toilet cleaning on the Mars terraforming factory, several million miles away from the nearest kid, and the reality is that every potential employer on the planet is simply going to avoid ALL risk and discard every applicant who fails an Enhanced CRB, after all, an applicant who passes an Enhanced CRB is less risky... whether they are qualified and suitable for the job in questions becomes secondary, a distant secondary.

So here we are, 30 years ago I was a teenage tearaway who smoked dope, and a few years ago a couple of losers in an online flame war decided to "Godwin" me, it's like Jekyll and Hyde, if you knock on my door now and come in for a coffee and a chinwag you see Dr Jekyll, a nice normal human being, though I say so myself there is no shortage of people who like me in the real world, sure, they will all say something qualifying about that, I'm not a saint, but over all there is like, and there is trust.

And yet, despite the fact that there isn't a Mr Hyde lurking behind the bench, the Enhanced CRB says there MIGHT be, and that's you screwed.

The ironic thing is the Enhanced CRB is so damaging because deep down we all know it could be true.

Even those fortunate enough never to have seen first hand the violence that man can do to man are instinctively aware of it, potentially at least. Put a man (or mother, come to that) in a place where there are a totally different set of rules, or more likely no rules except dead men tell no tales, and the Mr Hyde in everyone comes to the fore.

It is man's capacity for violence that lends credence and credibility to the Enhanced CRB.

But the fact is that my potential capacity to become a man who does evil things is a bit like my potential capacity to become a man who does great things, it is all potential, and lacking an overwhelming outside influence such as a war or natural disaster, the only thing driving that potential is my own will.

And the fact is that for most human beings they aren't driven that far by willpower, I am a fairly ordinary man, not because I lack the potential to be either evil or great, but because I lack the drive to become either. Much like the rest of you. Most of the time, if left to our own devices, we are happiest just being ourselves, neither notably good nor notably evil, but rather lots of slightly good and slightly bad data points clustering around the median.

But there is no electronic record saying that in 1980 someone thought that I could do great things one day, there is no electronic record of the kids lives who I have touched (and though I say so myself if I am ever going to heaven it will be on their testimony) and tried to teach and help and so on, there is no electronic record of the many very real times where temptation was right there in front of me for the taking, and I chickened out, or whatever other euphemism you like for walking away from it, doing the "right" thing.

But there is an electronic record of what I used to be, back when I was a teenager, and there is an electronic record of what other people think I might have been, or maybe simply an electronic record of their malice.

Bonking the local Police Sergeant's daughter when you're young seems like fun, and the (by todays standards) resultant police harassment just adds to the spice, thirty years later that harassment and those allegations still stick on your record.

Flaming some luser on usenet can seem like fun, but years later the allegations they made in return are still stuck to your record.

One thing is for certain in 2008, computer databases aren't going away, and in fact all the signs are that the changes I have seen in the last 30 years from a police mainframe to world + dog each has their own database with my name in it is set to expand in the same vein in the next 30 years.

In 2038 your database could be marking you out as a less than perfect individual because in 2010 you did not elect to BOGOF at Tesco and put the purchase of your ClubCard points, or maybe you wrote something once, somewhere on the internet, that when taken out of context 30 years later you maybe regret, or you would if you remembered writing it.

Perhaps luckily for me I am a bit of a cavalier, well if that's what the Enhanced CRB says about me and you trust that more than your own judgement and doing your own legwork and actually taking up the personal and professional reference you asked for, well maybe I don't want to work for an asshole like you anyway.

Perhaps luckily for me I am the sort who can grin and raise my middle finger and ask them "How they are going to put that in their fuckin databases?"

Perhaps luckily for me a considerable fraction of my time on this planet is already done, and I spent it living in preference to worrying.

Perhaps I am one of a dying breed, like the dinosaurs, my boy is less than two years old but already he is in several interconnected databases, and the flesh is as nothing to the veritas of those interconnected databases, his only hope is to become a Stainless Steel Rat.

Enhanced Disclosure, and the Stainless Steel Rat.
Sun Aug 17 08:26:37 -0700 2008
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Well, the answer is to hack all such data bases and insert lots of data about everyone...

I wonder how much flame this next statement will start... The cyber war has been going on for quite some time now. If you are not aware of it, then you simply are not really connected to the 'net.

The thing is that it is an odd war, fought on so many levels that your enemies on one front are your allies on another.

We are all 'agent provocateurs' in one sense or the other. One mans terrorist is some ones freedom fighter.

Don't believe the system is right? Take it down. Add every ones name to the 'No Fly' list, that solves the stupidity of 'No Fly' lists.

Risk of getting caught and prosecuted for some computer crime because you hacked some system? Well of course --that's the nature of war, be it cyber or otherwise.

Or, I suspect from your post, like me, you are old enough (in my case retired for many years already), not to really be hurt by the 'Big Brother' bullshit. Annoyed, maddened, but largely simply indifferent, other then as an observer.

Or not --if it does impact you then do something. Yep that's an actual bit of advice to just go ahead and break the law... I'll just observe, thank you very much...

What I can tell you, which you should know already anyway (as should virtually anyone hanging out on Technocrat), is that that sort of defiance of the system is being done all the time. And has been being done forever --it's called social change.

It's just hard to see when you are living through it, rather then reading about a bunch of old dead guy's (pun not intended, Guy) who decided to challenge the King --and won (guess what country I live in... and it's not France...).

Enhanced Disclosure, and the Stainless Steel Rat.
Tue Aug 19 10:18:11 -0700 2008
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Apparently, the "hacker's" job is quite easy with some of these laws. Just call police from any pay phone, make crazy accusations and hang up. Pick random names out of the phone book.

Though the 'No Fly' list may be a little harder, you get everyone with a particular name on it at once, so it will be worth the social hacker's time.

The really 'funny' part of this crap is that there is very little risk. Authorities cheerfully accept anonymous reports and plausible denial is easy since you don't have to swear to anything, just "think you saw...". After all, they don't want good citizens afraid to turn people in.


The 'hacking' seems inevitable given that people are already SWATing.

Enhanced Disclosure, and the Stainless Steel Rat.
Tue Aug 19 14:02:11 -0700 2008
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You have caught the essence of the situation perfectly! If the system screws with you, screw back. The very best way to screw up a screwed up system is to screw it up beyond any possible use. Feed it with it's own entropy. The system then falls to rest at full stop.

kids profiled and processed in Chicago suburb, IL

Sun Aug 17 09:06:17 -0700 2008
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I signed my boy up for kindergarten this past June, and one form asked the country of birth of  each of the parents, and then what the primary language was that was spoken in the home.  I was born in the U.S.A., and wife was born in Cambodia, and the primary language in the home is English.  The kids know some words and phrases from a couple other languages, but they speak English.

 

In our state, there is a bilingual program that kids can be put into, where for kindergarten they only hear English 20% of the time and their native tongue is 80% of the instruction.  This is a bad thing, incidentally, but we'll leave that discussion for another time.

 

Another form requested  phone numbers, home number, work numbers, emergency numbers.

 

Last thursday night at 9:30pm my wife gets this message from one M. L. on her cell phone's voice mail, for this post let's make up a similar name and say she's Mandy Lars.  Mandy says my son must be tested before he can start Kindergarten.  It's the law, Manda says, and if we don't make an appointment for a Monday test then when school starts "he will be tested". Mandy doesn't say what kind of test.  Then she leaves her *home phone number*.

 

This seems creepy and fishy to me, since the packet that arrived in the mail last month said nothing at all about tests, only of medical form requirements and birth records and parent's information.  And I've never had a school official (if that's what she was, M. L. didn't say what her job or relation if any to the school was) call in the summertime at night, talk about my children by name, leave their home number not school's, say there will be a test but not what kind, and say even if I do not comply with her wishes for a test then a test will be done when he starts school......

 

So at 10:10pm I decide I really don't like any of this and I call Mandy at her home number.

 

Who are you and what kind of test for my son are you talking about, Mandy?  Mandy says my son must take an English test, it is the law.  I asked if every kid going into Kindergarten must take this test, she says those that don't speak English in the home must take this test.   I told her I indicated on language form that English is spoken in our home, and why is my son at only five years old already being profiled and discriminated against?

 

She said perhaps it was because either parent wrote on the form that they weren't born in an English speaking country.  She said the school had to comply with the law (she didn't specify which law).

 

I told her sometimes people use that phrase "it's the law" to force their agenda on other people.  There was a long pause after that, and then she said she would contact the people who gave her the list of students and convey my concerns.

 

I did not make an appointment for Monday testing, Monday I will drive over to the school during lunch and get in some people's faces.

kids profiled and processed in Chicago suburb, IL
Mon Aug 18 06:15:00 -0700 2008
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This seems creepy and fishy to me,...

I doubt they're going to tattoo numbers on non-English speaking kids' foreheads to condemn to a life of servitude. The idea was probably to give extra English instruction to those kids who need it. Of course, if it ends up segregating kids into a "ghetto" stream by default, I can see why you'd be unhappy. But give them the benefit of the doubt before you get medieval.

Enhanced Disclosure, and the Stainless Steel Rat.
Sun Aug 17 11:35:39 -0700 2008
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This sort of thing used to make me angry. Now i just get real quiet and start collecting legally admissable evidence, then get one of the lawyers who owes me favors to sort it out. Amazing how a class action suit gets peoples attention *fast*. And how helpful the lawyers to whom you have brought a winnable and lucrative class action scenario to are the next time ...

Also, most folks dont know this and it isnt exactly relevant to your situation, but in the US (at least here in CA) a lawyer can file to completely expunge your criminal and civil record 3 separate times. They just have to show that the record is causing a legitimate hardship by tainting the well with prospective employers or similar issues. Hopefully 3 times is enough for most folks. ;-) Not sure about federal issues, however, but federal charges are much rarer in any case.

I strongly suspect something similar is available in the UK, but I dont have any easy way to confirm it.

Yeah, i know, lawyers are evil. But think of a lawyer like a weapon. If you need one, get the most appropriate one for the situation and you will almost never have to use it. If you dont have one, you are just asking to get reamed. Just dont bring a knife to a gunfight, yah?

Enhanced Disclosure, and the Stainless Steel Rat.
Sun Aug 17 23:12:22 -0700 2008
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Enhanced Disclosure, and the Stainless Steel Rat.
Mon Aug 18 02:46:24 -0700 2008
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Ah, I very rarely look at el reg nowadays, it is the Sun of IT.