Friday, May 20, 2005

Fingerprinting and Citizen's Freedom

It was reported that Taiwan government is planning to add individual citizen's fingerprint on the new National ID card. People concern with human rights would immediate argue the validity and necessity of this policy because a country is not a free country when its citizens are regarded as criminals without proving any crime has been committed.

In the recent history, we member that during Hitler was in power, he ordered to keep fingerprints of all prisoners and Jews. More recently, it was President G.W. Bush ordered to take every foreigner who visits US should have his/her fingerprint taken in 2001. Bush did that as a measure to identify foreign “terrorists”.

Then there was a call for fingerprinting all citizens in EU. That was debated vigorously and was not implemented. During the hearing in Europe, there was an exchange of Q&A:
[Question: Are you personally happy with compulsory fingerprints for all EU citizens via a biometric passport?
Josep Borrell: As you are no doubt aware, this is a requirement imposed by the US authorities. The Council has fallen into line with them, whereas our Parliamentary Committee would have preferred a different approach.]

There were not many oppositions to this measure in Taiwan from both human rights organizations and also newspapers until about 10 days ago, when Ms. Annette Lu, Vice President of ROC, was quoted to say the fingerprinting is not right and is unconstitutional. More attention were paid to this issue by newspapers after Ms Lu spoke at the “International Symposium on Human Rights” held on May 18, 2005. In her welcome speech she commented on this subject by saying:

“Recently, when the government began to consider the necessity of incorporating universal fingerprinting into the new ID system, many in society were worried that such a policy would infringe upon fundamental human rights. The Advisory Council conducted a series of hearings immediately and reported to the president. In that report we reminded the government of the potential problems of incorporating fingerprinting into the new national ID system. Although Taiwan is not a member of the United Nations, the Advisory Council reached the conclusion that we should encourage the government to take steps to enter into the regime of the Rome Statue of the International Criminal Court.”

More discussion on this subject had been made by Bruce Schneier on “Newsday”, January 14, 2004:

According to the Bush administration, the measures are designed to combat terrorism. As a security expert, it's hard for me to see how. The 9/11 terrorists would not have been deterred by this system; many of them entered the country legally on valid passports and visas. We have a 5,500-mile long border with Canada and another 2,000-mile long border with Mexico currently uncovered by the program. An estimated 200,000 to 300,000 people enter the country illegally each year from Mexico. Two million to 3 million people enter the country legally each year and overstay their visas. Capturing the biometric information of everyone entering the country doesn't make us safer.

And even if we could completely seal our borders, fingerprinting everyone still wouldn't keep terrorists out. It's not like we can identify terrorists in advance. The border guards can't say "this fingerprint is safe; it's not in our database" because there is no fingerprint database for suspected terrorists.

Even more dangerous is the precedent this program sets. Today the program affects only foreign visitors with visas. The next logical step is to fingerprint all visitors to the United States and then everybody, including U.S. citizens.

Retaliation is another worry. Brazil is now fingerprinting Americans who visit that country, and other countries are expected to follow suit. All over the world, totalitarian governments will use our fingerprinting regime to justify fingerprinting Americans who enter their countries. This means that your prints are going to end up on file with every tin-pot dictator from Sierra Leone to Uzbekistan. And Secretary of Homeland Security Tom Ridge has already pledged to share security information with other countries.

Security is a trade-off. When deciding whether to implement a security measure, we must balance the costs against the benefits. Large-scale fingerprinting is something that doesn't add much to our security against terrorism and costs an enormous amount of money that could be better spent elsewhere. Allocating the funds on compiling, sharing and enforcing the terrorist watch list would be a far better security investment. As a security consumer, I'm getting swindled.

America's security comes from our freedoms. For more than two centuries, we have maintained a delicate balance between freedom and the opportunity for crime. We deliberately put laws in place that hamper police investigations because we know we are more secure because of them. We know that laws regulating wiretapping, search and seizure, and interrogation make us all safer, even if they make it harder to convict criminals.

The U.S. system of government has a basic unwritten rule: The government should be granted only limited power, and for limited purposes, because of the certainty that government power will be abused. We've already seen the Patriot Act powers granted to the government to combat terrorism directed against common crimes. Allowing the government to create the infrastructure to collect biometrics information on everyone it can is not a power we should grant the government lightly. It's something we would have expected in former East Germany, Iraq or the Soviet Union. In all of these countries, greater government control meant less security for citizens, and the results in the United States will be no different. It's bad civic hygiene to build an infrastructure that can be used to facilitate a police state.
.........................

The government on Taiwan did not use the anti-Terrorist as the reason of requiring fingerprinting all citizens. It said that fingerprinting will reduce the crime. However, if one look closely to the details of the statistics of crimes, you will quickly find out that:

(1) The most frequent crime is stealing/theft. It consists of about 60% of the total crimes. More interesting fact is that about 62% of these cases was committed by the repeated criminals.
(2) Fingerprint is not the only convincing evidence used by the court. Clever criminals and careful criminals will avoid leaving fingerprint at the crime scene. The police could find fingerprints left by other innocent people.
(3) Fingerprinting system's error can cost lots of money, effort and time for legal solution.
(4) Safety statistics does not support the claim that number of crime will reduce by fingerprinting people related with the cases.

So, what is the advantage of that elaborating and costly system? The only advantage is that it provides a convenient tool for police force to arrest people. But more important issue is that fingerprinting citizens is really violate the fundamental human rights of citizens.

4 comments:

Big Eagle said...

Toying with "Human Rights" or a "Disposable Human Rights?"

Beside the issue of fingerprinting, Taiwan also went back to use Death Sentence, which was declared inhuman by last Attorney General, Mr. Ding-nan Chen. Chen was replaced by Mr. Mao-lin Shih in March. Mr. Shih enacted the death sentence recently on three cases.

DPP has been using "human rights" as their party theme for many years and had promised to respect human rights when they succeeded KMT as ruling party in 2000. From recent flip-flop of their policy on human rights, people must be thinking that "DPP must be treating us like kids and use "human rights" as a disposable toy to please us when they need us." (sigh!)

Big Eagle said...

以下是由林清強在的文章: 「換領新身分証必須按指紋是曲解法律」節錄的:

『根據內政部的說法,七月一日起換領新式身分証之所以必須按捺指紋,是根據戶籍法的規定。然而如果仔細檢視戶籍法的規定,內政部的說法根本是曲解法律、欺矇國人。
 
戶籍法第八條規定,年滿十四歲以上的人民,「請領」身分証時應按捺指紋並錄存,否則不予發給。法律條文的規定很清楚,要按捺指紋的是指「請領」身分証的十四歲以上國民,而不是指「換領」身分証的國民。只要國小三年級程度者皆知,「請領」與「換領」絕對不是同一回事,所謂的「請領」是指「申請領取」,而「換領」則是「更換領取」。無論是從法律或詞義解釋,「請領」與「換領」的意義都大不同,內政部何以硬將兩者混為一談,著實令人費解!
 
七月一日起改採新式身分証,依戶籍法之規定,如是第一次「請領」身分証的國人,或是遺失身分証而申請補發的國民,容應依法按捺指紋;但一般已持有身分証者,只是「換領」新的身分証,而非是「請領」身分証,政府如強制要求按捺指紋,顯與戶籍法的立法意旨不符,這非但不是謝揆或蘇部長所稱的「依法行政」,反是副總統呂秀蓮所指的違法、違憲之舉。
 
事實上,戶籍法規定「請領」身分証必須按捺指紋,是民國八十六年白曉燕案發生後才有的新措施,但七、八年來從未實施,主要理由即是因為此一規定確有違反人權之實。有鑑於此,行政院才修正戶籍法取消此一規定並送請立法院同意,只是立法院迄未完成立法程序。而這麼多年來,政府既未要求人民「請領」身分証必須按捺指紋,這次「換領」新身分証,內政部居然強行要求國人必須全面按捺指紋,不但廣大民眾反彈,即連在第一線為人民服務的戶政事務所工作人員也深表不以為然;這陣子如有機會前往戶政所洽公,一提及換領身分証要按指紋,不但民眾罵聲連連,戶政人員也是抱怨不斷。只是高高在上的院長大人、部長大人,不知聽到「基層的聲音」否?

內政部長蘇嘉全與行政院長謝長廷都強調,七月起換領新身分証按捺指紋是「依法行政」。但從戶籍法「白紙黑字」的規定,國人很清楚政府所謂的「依法」之說,根本是不值一駁。.........』

Big Eagle said...

BigEagle Note: I asked Prof. Ken Huang about his view on this subject. He kindly replied and also let me post his reply here.


My view is below;

I oppose the new policy of identification card with finger prints for the following reasons:

1) It dehumanizes all citizens. There are only two types of persons that required to have finger prints taken -- criminals and new immigrants entering into a country. By adapting that new policy, Taiwan government treats its own people, all of them, as criminals or untrustworthy new immigrants to Taiwan.

2) Its policy exhibits the negative part of primitive culture -- A person is guilty until proven innocent. In a civilized society, a person is innocent until proven guilty.

3) The defense of its action quoting the provisions of Constitution is not realistic. That Constitution was written more than half of century ago and was in the area, China, where abuse of human rights has been a part of tradition in its entire history. The current Constitution is not a product of progressive reasoning with compassion of humanity. It means very little.

4) It will damage the image of Taiwan as a free and democratic nation. Taiwan will put itself in the same level as China is in. Although an economical power, China receives no respect from the developed countries because of its abuse of human rights records.

Taiwan government needs to think it over.

Ken

Big Eagle said...

On June 10, 2005, MIA of Taiwan annouced to postpone the fingerprinting requirement. Here is the report from China Times:

內政部表示,司法院大法官中午宣告暫時處分,戶籍法第八條第二項、第三項及以按捺指紋才得請領或換發新版國民身分證的相關規定,在解釋公布之前,「暫時停止適用」。

內政部指出,原預訂九十四年七月一日起換發新式國民身分證,將順延辦理,待大法官釋憲後,再依釋憲意旨辦理。

為順利辦理全面換發新式國民身分證,內政部籲請司法院,依照司法院大法官審理案件法第十條第二項規定,儘快審理本案,以便繼續辦理全面換證作業。

至於內政部向廠商購置指紋辨識機器,如果釋憲案認為不需強制按捺指紋,是否可無償退還給廠商?簡太郎受訪時說,這部分要看契約如何訂定,如有必要會與廠商洽談。