In 2019, the Deepfake detection platform Sensity came out with a report that identified 96% of deepfakes on the internet as pornographic, with 90% of these representing women. Deepfakes are a modern form of synthetic media created by two ‘competing’ AIs, with the goal of replicating hyper-realistic videos, images, and voices. Over the past five years, this has led to major concerns about the technology being used to spread mis- and disinformation, carry out cybercrimes, tamper with human rights evidence, and create non-consensual pornography. In this episode, the last of this season of the Declarations podcast, host Maryam Tanwir sat down with panellist Neema Jayasinghe and Henry Ajder. Henry is not only responsible for the groundbreaking Sensity report, but is also a seasoned expert on the topic of deepfakes and synthetic media. He is currently the head of policy and partnerships at Metaphysic.AI.
In 2019, the Deepfake detection platform Sensity came out with a report that identified 96% of deepfakes on the internet as pornographic, with 90% of these representing women. Deepfakes are a modern form of synthetic media created by two ‘competing’ AIs, with the goal of replicating hyper-realistic videos, images, and voices. Over the past five years, this has led to major concerns about the technology being used to spread mis- and disinformation, carry out cybercrimes, tamper with human rights evidence, and create non-consensual pornography. In this episode, the last of this season of the Declarations podcast, host Maryam Tanwir sat down with panellist Neema Jayasinghe and Henry Ajder. Henry is not only responsible for the groundbreaking Sensity report, but is also a seasoned expert on the topic of deepfakes and synthetic media. He is currently the head of policy and partnerships at Metaphysic.AI.
Neema and Henry start with the question of definition. ‘Deepfakes,’ Henry tells us, can be defined as “AI-generated synthetic media, such as highly realistic synthetic videos, texts, etc.” There are legitimate uses of synthetic media technology, but the term ‘deepfake’ generally refers to malicious uses, such as those made for pornography. This phenomenon emerged in 2017 on Reddit on a subreddit of the same name, which was dedicated exclusively to swapping famous female faces into pornographic films. Back then, this was technically challenging; you needed a lot of skills and processing power. Today, the tools are much more accessible and even gamified – models are pre-trained, and you only need a few images.
“As it becomes more accessible people are no longer focusing as much on celebrities and moving more toward private individuals they know in daily and this has led to scaling in terms of victims.”
Henry Ajder
Neema then asks what kind action can be taken to regulate deepfakes. Henry thinks the difficulty comes from the definition. If you are talking about synthetic images, regulation is an unrealistic prospect as there are so many aspects of our life that use such images: cinema, Snapchat filters, and more. So, according to Henry we should focus on malicious uses. The problem here is identifying culprits, and hoping they are in a jurisdiction where deepfakes are criminalized.
“This is truly a global issue, and countries around the world are trying to take action, but there is a question as to whether we are giving people false hopes.”
Henry Ajder
Another problem is that, with technological progress, it is likely that these operations will require less and less data in the future. For instance, nudifying technology is increasingly accessible and will become widespread in the future. Henry is particularly worries about students, as they are generally tech-savvy and know how to use these tools. He is worried that young people – in particular, young women – are vulnerable.
Neema asks whether it would be good to bring these topics up in school, for instance in the context of sexual education. Henry thinks that schools are one of the places where deepfakes are most problematic, even if sometimes seen as “just fun” or “just fantasy.” As such, education on the damages could be useful. It is key to teach the younger generation that these technologies are profoundly harmful and cannot be construed as fun, even if they are not yet criminal. Henry is also deeply concerned about the way children are involved in these deepfakes, both as victims and perpetrators.
“Making it clear that this is a form of digital sexual violence is key.”
Henry Ajder
Could legitimate deepfake pornography be created – for instance, if a sex worker wanted to license their face? While an interesting question, Henry worries that the risks of misuse will always be very high, potentially obliterating any potential for legitimate use. Only though a mechanism such as biometric authentication and informed consent from all parties could such a system be safe and avoid misuse.
Another issue is that it is basically impossible to check whether your image has been used against your will. When writing the report, Henry traced some of the videos back to their origins; after warning those involved of the malicious use that had been made of their face, he realized that most of them did not know their images were being used. If deepfakes are not used as weapons, victims generally don’t know they have been deepfaked. There is also a legal question over whether creating these fakes without sharing them should also be criminalized (Henry believes so).
“Can you build these systems in a way that avoids misuse? I typically think it would be difficult to do so.”
Henry Ajder
Although the bulk of deepfakes concern women, there are also cases of men, in particular homosexual men, being targeted, especially in countries where homosexuality is banned or stigmatized. In such cases, deepfakes can literally be a question of life and death for the men whose images are used. Being pragmatic, Henry thinks one of our best bets is to push this technology to the dark corners or the Internet, and to make it clear that people who engage with it are engaging in criminal activity.
“There was no doubt that the vast majority of these people had no idea they had been targeted.”
Henry Ajder
Our panelist:
Neema considers herself to be incredibly privileged to have been able to work with those worst affected by society and governance over the years, which has fuelled her passion for Human Rights, an area in which she hopes to make a difference at both a policy and grassroots level. Neema has often found herself working in community development projects in Africa, especially Uganda and Tanzania, both in consultancy projects and NGO work. This inspired her to become the current President of the Afrinspire Cambridge Student Society and the fundraising officer for the Cambridge Hub. Years of community service led Neema to later establish her own education-based NGO in Sri Lanka. She is incredibly passionate about international development, the politics behind it and policy. It’s this that encouraged Neema to study Education, Policy and International Development at Cambridge.
Our guest:
Henry Ajder is a seasoned expert on the topic of deepfakes and synthetic media, he is currently the head of policy and partnerships at Metaphysic.AI and also co-authored the report ‘Deeptrace: The State of Deepfakes’ while at Sensity. This was the first major report published to map the landscape of deepfakes and found that the overwhelming majority are used in pornography. He is also a graduate of the University of Cambridge and is an experienced speaker, frequently presenting keynotes, panels, and private briefings. He is also an established media contributor, regularly featuring on the BBC, The New York Times, Vox, The Guardian, Wired, and The Financial Times.
In this episode, host Maryam Tanwir and panelist Archit Sharma discuss the impact of technology on employment with our guests, Martin Kwan and Dee Masters. Artificial Intelligence brings many promises, but to many it is a threat as well. As AI can increasingly perform tasks at a low cost, what happens to those whose jobs are displaced by robots? And if we are using AI in the workplace to monitor our employees and make recruitment decisions, how can we ensure workers’ rights are respected and that AI decisions are subject to sufficient oversight and accountability? This area is a complicated web of issues, but our guests have the expertise to help us better understand the stakes. Dee is a leading employment barrister at Cloisters Chambers with extensive experience in the intersection of Artificial Intelligence (AI) and employment who advises companies on how to ensure their AI systems are compatible with the law and the rights of workers. Martin is a legal researcher and journalist, and the 2021 UN RAF Fellow. He has written many articles on topical human rights issues, including a fascinating recent article on automation and the international human right to work.
In this episode, host Maryam Tanwir and panelist Archit Sharma discuss the impact of technology on employment with our guests, Martin Kwan and Dee Masters. Artificial Intelligence brings many promises, but to many it is a threat as well. As AI can increasingly perform tasks at a low cost, what happens to those whose jobs are displaced by robots? And if we are using AI in the workplace to monitor our employees and make recruitment decisions, how can we ensure workers’ rights are respected and that AI decisions are subject to sufficient oversight and accountability? This area is a complicated web of issues, but our guests have the expertise to help us better understand the stakes. Dee is a leading employment barrister at Cloisters Chambers with extensive experience in the intersection of Artificial Intelligence (AI) and employment who advises companies on how to ensure their AI systems are compatible with the law and the rights of workers. Martin is a legal researcher and journalist, and the 2021 UN RAF Fellow. He has written many articles on topical human rights issues, including a fascinating recent article on automation and the international human right to work.
We begin by examining whether the right to employment exists under international law. Our conclusion is that it does, and is inscribed in the Universal Declaration of Human Rights (Article 23), as well as in the European Social Charter. States party to the International Covenant on Economic, Social and Cultural Rights have an obligation (Article 16) to report the steps they undertake to protect these human rights to the UN committee on Economic, Social and Cultural Rights. Parties submit detailed periodic reports and take these seriously, as public exchanges with the UN Committee show. Governments are already starting to monitor the changes wrought by AI and the ‘Fourth Industrial Revolution.’ The Swiss government was, for instance, a pioneer in addressing this in their periodic reports.
“The whole review process is diligent and stringent. The scrutiny provides an incentive for states to showcase their efforts and commitment to the right to work.”
Martin Kwan
Archit provides some context around AI’s potential impact on the labor market. The McKinsey Global Institute estimates that, by 2030, 30% of jobs will be taken by robots, whilst the World Economic Forum claims that AI will have replaced 85 million jobs worldwide across several industries by 2025. Martin agrees that AI threatens to imperil the right to work. It is up to states to come to terms with this and implement strategies to cope with AI-induced unemployment. One potential response is to ban AI outright: for instance, India has banned autonomous cars to protect millions of jobs.
“Mass redundancies can be prevented if the government is willing to and able to do so. But certain jobs are simply not savable in some countries or in some sectors.”
Martin Kwan
However, it is not always desirable to save jobs at all costs. Companies can make important gains thanks to AI and governments have an incentive to promote the use of AI to improve economic performance. Globalized competition means that consumers will shift to goods produced using AI technology, which will be more competitive in price. Martin believes that technological change cannot be completely halted, and that the practical reality may force companies and governments to favor policies that seek to use more AI and automation.
Martin believes corporations have an ethical responsibility to consider the human rights impact of their activities. It can be futile to ask them to protect jobs at all costs, but part of their ‘economic, social and governance’ (ESG) agenda could integrate workforce sustainability. It is important to convince companies that workforce and competition are not at odds: if society becomes pauperized because of mass redundancies, companies’ profits will also be slashed. Martin is rather optimistic about the potential of mass redundancy to become a priority in the business community.
Beyond the rights of workers whose jobs are threatened by AI, what are the rights of those who will not lose their jobs, but will see their working life reconfigured by AI? Dee provides us with her insights into this question, made all the more acute by the explosion of technology in employment relations in the context of the pandemic. This has led to a boom in the amount of worker data collected and the expanded use of AI tools to determine whether jobs should be slashed.
This raises clear issues of discrimination, as we know that AI is subject to significant biases. Indeed, AI is fundamentally about stereotypes, about creating ideal-types of characteristics considered “positive” and “negative”. If you are outside its boxes – because of your appearance, for example – you may be at a severe disadvantage. As Dee tells us, AI is not only used to decide who to employ, but also who to dismiss.
She argues that our anti-discrimination law can deal with problems raised by AI, but that transparency is key. We see this with job adverts: if you are a woman, you will not be shown some job adverts, but in most of the cases you cannot even know you are being discriminated against. Auditing code or impact is absolutely essential to bringing transparency, but Dee would like to go beyond and see companies detail the AI tools they use and explain their functions. AI is perceived as neutral, but it can also replicate biases or even be intentionally used to reinforce them.
“There is a marketing spiel out there which is rely on AI because machines aren’t biased. That’s very attractive but when you look into it in more detail you realize that’s not always true.”
Dee Masters
Dee believes that AI can be useful in several cases, for instance to identify skills or distribute work based on these skills. We should not, however, march along that path just because it is useful.
Another issue in which AI threatens to affect human rights is the right to privacy. Dee explains how, in the context of the pandemic and working-from-home, AI was used to detect whether employees were working “hard enough”, using cameras or keyboard detection software to observe employees at all times. This is extremely intrusive and violates the right to privacy. In the US, organizations were found to be using machine learning to assess which employees were most at risk of Covid-19 in order to decide who to lay off.
“We’ve crossed this line in which these technologies have become normalized. It’s here to stay and it will be hard to rewind on that.”
Dee Masters
Once again, the laws we have in place are sufficient, but the issue is that legislators and employers are not up to speed on how existing legislation translates to new technology. For instance, with data, the GDPR does not include statements stating explicitly that you cannot discriminate in data collection and treatment, and therefore leaves room for partial interpretations. Dee argues we need to tighten legislation and understand how data cuts across many areas of our lives. Enforcement is key, particularly avoiding the “siloing” that currently prevents these issues from being taken up in some forums. “Legal protection is meaningless if we don’t know how to apply it,” Dee tells us.
“We need to be more creative not only about these rights but also how they’re going to be enforced.”
Dee Masters
The employment relationship, based on personal trust, is fundamentally challenged by management via app. We can try to mitigate some of these effects by ensuring a human is involved at key junctures, without which we risk allowing unfair and discriminatory decisions. We know that AI is making decisions about dismissal; to Dee, “this is inconsistent with legal protections in this country.”
Dee hopes that, when cases start to be adjudicated, courts will find that these dismissals were unlawful. Until then, however, it’s a “brave new world”. The law will get there, but it will take time, and this is unsatisfactory to both employees and employers. Rather than change the law, the government first and foremost needs to explain it better.
“People are waking up to the idea that AI and algorithms are making important decisions and they’re not liking it.”
Dee Masters
We need to build trust and show that this technology can be used in ways that are compliant with human rights. Dee would advise workers targeted by AI to use all legal frameworks available to them, and there are many: the right not to be unfairly dismissed, the right not to be discriminated against, and more. People may not know how they’re being unfairly treated and that there are channels for remedy.
We also need to pay more attention to the companies higher up the value chain, which design the AI tools but are largely left off the hook today. The EU is looking at introducing obligations at every level in the value chain, a move that Dee thinks could be usefully imported to the UK.
So, if AI should not be stopped completely, there are red lines: we need to evaluate clearly the limits of acceptability. For Dee, AI should not make critical decisions about people’s lives; humans should not only review the decision, but also own it. Then – and only then – can we leverage AI for the common good.
Our panelist:
Archit is an LLM student at the University of Cambridge. He previously studied Law as an undergraduate there, and in his final year wrote a dissertation on how (and to what extent) human rights are protected in emergencies. This research was greatly influenced by the COVID-19 pandemic, and has left Archit with a desire to engage more in the future with the question of how human rights can deliver on their promises.
Our guests:
Martin Kwan is a legal researcher and legal journalist. He is a 2021 UN RAF Fellow, and also an Honorary Fellow of the University of Hong Kong’s Asian Institute of International Financial Law. He has written and published many articles in recent years on topical and complex human rights issues, and one such article concerns Automation and the International Human Right to Work.
Dee Masters is a leading employment barrister with extensive practical experience in the technology space, especially in relation to artificial intelligence and its relationship with equality law, human rights, and data protection. She set up AI Law Consultancy with Robin Allen QC, which aims to help businesses navigate rapidly changing technological arena and the legal implications of using AI. She has written much on the intersection of law and technology, including co-authoring a highly influential report last year: ‘Technology Managing People – the legal implications.’
In this week’s episode of the Declarations podcast, host Maryam Tanwir sat down with Munizae and Sulema Jahangir to discuss freedom of expression and internet shutdowns in Pakistan, and their implications for human rights in the country. Freedom of expression, attacks on civil society groups, and a climate of fear continues to impede media coverage of abuses by both government security forces and militant groups. Media outlets have come under pressure from authorities not to criticize government institutions or the judiciary, and journalists – who face threats and attacks – have increasingly resorted to self-censorship. In several cases in 2020, government regulatory agencies blocked cable operators and television channels that had aired critical programs. International conferences raising awareness on human rights and promoting initiatives safeguarding human rights (organized by the guests) have been mired in technology shutdowns. With our guests, we explore what’s at stake and what we can do about it.
In this week’s episode of the Declarations podcast, host Maryam Tanwir sat down with Munizae and Sulema Jahangir to discuss freedom of expression and internet shutdowns in Pakistan, and their implications for human rights in the country. Freedom of expression, attacks on civil society groups, and a climate of fear continues to impede media coverage of abuses by both government security forces and militant groups. Media outlets have come under pressure from authorities not to criticize government institutions or the judiciary, and journalists – who face threats and attacks – have increasingly resorted to self-censorship. In several cases in 2020, government regulatory agencies blocked cable operators and television channels that had aired critical programs. International conferences raising awareness on human rights and promoting initiatives safeguarding human rights (organized by the guests) have been mired in technology shutdowns. With our guests, we explore what’s at stake and what we can do about it.
“There is an atmosphere of fear, especially in the journalist community.”
Sulema Jahangir
Munizae emphasises the drafting of Article 19 of the Constitution – which should guarantee freedom of speech – and the numerous exceptions it contains. The definition of such exceptions is so large that it’s possible to claim that practically anything said might violates one of them. The elephant in the room in Pakistan, our guest says, is the army – about whom one cannot say anything. When anyone talks about military intervention – such as in elections – the reports are banned. The new law under which journalists are charged with sedition (the “Pakistan Electronic Crime Act”) stems from exceptions in Article 19. Journalists, in particular, are targets of Article 19 charges, with cases blocked in the Supreme Court. Some journalists have been kidnapped and even killed for their reporting.
“We cannot talk about the biggest player in politics, and that is the military… If you do not have democracy in Pakistan, I do not think that journalists can be safe.”
Munziae Jahngir
There exists today an unofficial ban on television, and all the most popular anchors are banned. While this situation is not new, the current administration has been much more brazen toward journalists. The role of the judiciary has changed too, with decreasing independence; today it lets the state get away with an increasing number of charges pressed on the basis of the wide exceptions in Article 19. The political narrative has become very constrained, and major political parties have been banned from speaking on electronic media and even in private events. Islam is another dimension of the Article 19 carve-outs. People in Pakistan are generally very religious, and yet many people are lynched on charges of “blasphemy.” The government has used this weapon too, stoking fears and creating a climate of hatred.
“The judiciary, the army and the administration have made a coalition in curtailing freedom of speech.”
Sulema Jahangir
Munizae insists on the selectivity of the government, who does not hesitate to go around the law to help protect its allies. She tells us, for instance, how the government requested she and her team not release the interviews of the Taliban they made, while at the same time the same government was abundantly communicating on its relationship with the Taliban. This shows how the government was trying to control the narrative.
At a major conference organized conference last year by Sulema (featuring 2000 people and 160 speakers), the government shut down the internet. The conference’s closing ceremony, in which usually the opposition leader addresses the audience, was disturbed first by a shutdown of the WiFi network. The organizers had back-up internet cables, but the government realized this and called the cable operators to demand that they shut down the line – and the operators complied.
“It shows how petty they are. There are issues of hunger, schools, malnutrition and you are more concerned with cutting the internet at an event of lawyers with the chief justice in attendance. It shows you how petty the Pakistani state is.”
Sulema Jahangir
So what are the options to protect human rights, and what role does tech play? The broader question with respect to tech’s role, Sulema tells us, is one of access. In some areas, there is no reliable internet access. Language is another issue: there 82 spoken languages in Pakistan but social media is almost only used by English and Urdu speakers. Women, on average less educated, also have less access to the internet than men.
“Pakistan is a state made on national security and not welfare.”
Munizae Jahangir
Our guests agree that social media is a double-edged sword: they are dominated by men. and right-wing, conservative voices, but are also increasingly used by activists as they are pushed out of national television. Many social movements have been greatly helped by social media, such as the massive Women’s March on 8 March, or the students’ march (in a country where student unions are banned). When events take massive proportions both on social media and in the streets, state-controlled media has no choice but to report it.
“Social media have given rights to people; they have democratized people, they have given a voice to victims, they have given the other side of the story. If you capture the imagination of the nation, you become a story. For Pakistan, I am so glad it is here.”
Sulema Jahangir
Munizae emphasizes that social media may also aggravate divides, as many still lack access, but agrees that it remains a good alternative to tightly-controlled mainstream media. It is the only way to get alternative viewpoints across, despite numerous issues. As Maryam points out, social media have also helped the spread of violent content, especially of violence against women; social media can amplify certain misogynistic or conservative views.
So, what can we do to move the needle? It’s a plethora of issues, says Sulema, the main one being that Pakistan has been a national security state. Inequalities need to be addressed, and those privileged by power or money need to understand that others in their country do not have a fraction of what they do. Munizae says Pakistani women, students, and workers must engage in strategic collective action, which has proven to bear fruits despite the tremendous challenges.
Our panelist:
Maryam has a PhD and post-doctorate from the University of Cambridge. She has been teaching gender and development at the Centre of Development Studies for the last 5 years. She also works as a gender consultant for the World Bank and United Nations. Since the lockdown, Maryam has been branching out towards neuroscience courses, theatre acting and podcasts!
Our guests:
Sulema Jahangir is a dual qualified lawyer: she is a solicitor of the senior courts of England & Wales and an Advocate of the High Courts in Pakistan. Sulema graduated from Cambridge University in 2003. She is a partner at Dawson Cornwell. Sulema is also a board member of AGHS Legal Aid Cell, which is the oldest and one of the largest charities providing free legal aid to vulnerable people in Pakistan. Sulema practices in many cases with a human rights element including child abduction, domestic and honour-based abuse, forced marriages, female genital mutilation, bonded labour and constitutional cases. She was part of a committee behind widening the definition of domestic abuse under Practice Direction issued by the courts in England & Wales. Sulema has also assisted in advising parliamentary bodies in Pakistan in drafting laws for the protection of women. She is a regular speaker at conferences and regularly appears on television (including BBC, ITV and Pakistani media channels), the radio and in the press. She has both written and been featured in articles for newspapers (including the Sunday Times, Dawn Newspaper, the News on Sunday) and journals on legal topics in Pakistan and in the United Kingdom.
Munizae Jahangir is a broadcast journalist and documentary filmmaker, currently anchoring a flagship current affairs show on one of Pakistan’s leading media news network Aaj TV, called, ‘Spotlight with Munizae Jahangir.’ Munizae is a co-founder and Editor in Chief of Voicepk.net, a digital media platform focusing on human rights issues. Since 2004 Munizae has been anchoring and reporting for prominent news media outlets. Jahangir’s high profile interviews include Hillary Clinton, Benazir Bhutto, Nawaz Sharif, Prime Minister Imran Khan, Nobel laureate Malala Yousafzai. Munizae’s first award winning documentary, “ Search for Freedom” depicted the lives of four women caught in the war in Afghanistan. Munizae was honored as a Young Global Leader by the World Economic Forum. She is on the board of the Asma Jahangir legal aid cell which provides free legal aid to marginalized groups. Jahangir is a founding member of South Asian Women in Media, and a council member of the Human Rights Commission of Pakistan.
In episode 5 of this season of the Declarations podcast, host Maryam Tanwir and panelist Yasar Cohen-Shah sat down with Belkis Wille, senior researcher at Human Rights Watch, and former UN official Karl Steinacker to discuss the collection of refugees’ biometric data. Last Summer, Human Rights Watch reported that a database of biometric data collected by UNHCR from Rohingya refugees had been handed to Myanmar’s government – the very government from which the refugees were fleeing. This scandal has brought to a head the debates surrounding the use of refugees’ biometric data: from Yemen to Afghanistan, Somalia to Syria, biometric data is now fundamental in how aid groups interact with refugees. But how does this affect their human rights, and can it ever be used responsibly?
In episode 5 of this season of the Declarations podcast, host Maryam Tanwir and panelist Yasar Cohen-Shah sat down with Belkis Wille, senior researcher at Human Rights Watch, and former UN official Karl Steinacker to discuss the collection of refugees’ biometric data. Last summer, Human Rights Watch reported that a database of biometric data collected by UNHCR from Rohingya refugees had been handed to Myanmar’s government – the very government from which the refugees were fleeing. This scandal has brought to a head the debates surrounding the use of refugees’ biometric data: from Yemen to Afghanistan, Somalia to Syria, biometric data is now fundamental to how aid groups interact with refugees. But how does this affect their human rights, and can it ever be used responsibly?
Belkis kicks off the episode by presenting the results of the report authored by her organization, Human Rights Watch (HRW), on the transfer of Rohingya refugees’ biometric data to the Myanmar government. The refugees’ data was collected upon their entry into Bangladesh in a registration process that was required before refugees could be granted a ‘smart ID’ and access aid and services. However, HRW was able to expose the fact that Bangladesh was sharing this biometric data with Myanmar’s government without the refugees’ informed consent, causing obvious concerns for the refugees’ safety and human rights. Disturbingly, HRW found that the United Nations High Commissioner for Human Rights (UNHCR) had in fact created the entire system by collecting data in the first place.
“Rohingyas had no choice but to agree or lose access to services.”
Belkis Wille
Karl, a former UNHCR official himself, highlights that the issue of ‘registration’ is not covered by the conventions that founded the UNHCR or created a legal framework for aid. This is a task that UNHCR took on much later. After decolonization, the Western powers had a direct interest in making sure that borders in the Global South stayed open so that refugees could find help in neighboring countries in the face of war. According to Karl, the prevailing philosophy of Western powers ran: “you put them in camps, we’ll feed them.” This is where the registration process began – initially in simple ‘paper-and-pen’ form – to organize distribution of food and supplies in refugee camps. As technology improved, this registration system became increasingly sophisticated, integrating photos and other personal details. The attacks of September 11 2001 brutally put refugee registration in the spotlight. From a niche, localized process, refugee registration became a security priority for the UN’s main donors, who pushed the UNCHR to adopt much more sophisticated methods.
“A lot of the push toward mainstreaming biometric registration comes from desire to prevent fraud.”
Belkis Wille
One reason why these tools were originally adopted is fraud prevention. Biometric registration is seen as a panacea to fraud, as it enables precise identification of refugees and avoids distributing resources to the same people using different identities. However, Belkis points out that research shows fraud is not happening at the micro level of distribution, but rather “higher up the chain.” The other issue is efficiency: agencies and organisations are under increasing pressure to provide more assistance, faster. Here again, there is no clear evidence that biometric technology has done much to improve this. This leads Belkis to think that some key donors and other organisations have jumped too swiftly to the conclusion that biometric data is the key. There are risks associated with these systems, which need to be weighed against the alleged benefits.
“Once you create these systems, you won’t be able to control what happens to them and how they’re used.”
Belkis Wille
Karl recalls how, as a young aid worker, he welcomed the arrival of biometrics. In the past, the head of household (generally a man) was identified and members of his family would depend on his registration – no individual records were kept. The way data was collected before was ‘undignified’: the police or military would enter a refugee camp, round up those living there and subject them to a long and painful registration exercise, collecting fingerprints with an inkpad. It was “almost traumatizing” even to the aid workers, not to mention the refugees who had to undergo hours or even days without being able to move. The promise of biometrics was to end this, and it did. However, it has also brought new risks: there is ample evidence that the number of aid beneficiaries plummets with biometric registration, for instance. Perhaps the problem today is an “overuse” of biometrics, Karl tells us.
“I still think the advantages outweigh the way it was done in the analogue days.”
Karl Steinacker
Yasar points our guests to the notion of consent. In a world where biometric data is becoming so common, how can we guarantee the consent of populations who see their data collected? Belkis points out that the broad framework in the aid industry is that data capture is only possible if informed consent is provided. An official is supposed to point out why and how the data is collected. However, if an individual is fleeing armed conflict, what choice does she or he have when access to all forms of aid is conditioned on biometric registration?
“It’s hard to argue that they had a choice. Can we ever see someone in this situation making the decision without coercion?”
Belkis Wille
Beyond consent, information is also key. In practice, the UNHCR fails to explain why data is collected and with whom it will be shared. The aid organizations themselves do not always know exactly what happens with the data. “Information and transparency” should, according to Belkis, become the new paradigm; “informed consent” can never be provided in these circumstances. There is also a problem with the collection of biometric information on children. In Kenya, some 40,000 Kenyan children were registered as refugees years ago and now, because of this previous registration, cannot get ID cards despite being Kenyan citizens.
UN agencies can enter into data-sharing agreements with countries, but the nature of these agreements is highly confidential. If you’re a refugee, you have no way of knowing where your data is going. In Jordan, for instance, the UN has admitted that they share refugee data with the Jordanian government, something that refugees are unaware of. This points to the power imbalances that plague the aid sector, with refugees unable to refuse that their data be shared.
“We have no idea what the UN is agreeing to share in a specific country context with the government.”
Belkis Wille
Karl points out that data sharing with governments has always been part of the aid process, and does not worry about it per se. However, the situation in Bangladesh is different, as the government is sharing data with the very same state that persecuted these refugees; this is unheard of and particularly problematic. According to Karl, cases should be examined on a case-by-case basis. On aid in general, he notes there is no recourse for refugees. Comparing it with new legislation in the West, such as the GDPR, refugees are provided with little to no rights (such as the EU’s ‘right to be forgotten’). The discussion on refugees’ rights has to take place within the international community as a whole, and in particular in states whose governments fund the UNHCR.
“The first biggest shortcoming in the aid sector is that there is neither the right of individuals to know what data is collected about them, nor is there is a right to correct. Secondly, there is no institutional pressure to make this happen.”
Karl Steinacker
In terms of future trends, Belkis notes that there are today more conversations taking place than a few years ago. She finds it positive that organizations have started hiring data protection officers and paying more attention to the issue. UN agencies have also published policies. These policies are good, according to her, but their implementation is lacking. For instance, a risk assessment needs to be conducted every time the UNHCR launches a new data collection process, and all too often these are not taking place for mostly logistical reasons: there are not enough trained staff. Belkis calls on donors to take action: at the end of the day, resources are key to train these new data protection officers; donors need to realize that more funding is needed if they want to provide refugees with sufficient data protection.
“There is still a long way to go, but we are seeing organizations grappling with these issues much more seriously.”
Belkis Wille
Our panelist:
Yasar is an MPhil student in World History at the University of Cambridge. He is studying cultural pan-Africanism in Nkrumah’s Ghana in the early 1960s. He is originally from London, and previously studied History at the University of Oxford. After graduating, he hopes to work in international development, particularly with refugees.
Our guests:
Belkis Wille is a senior researcher with the Conflict and Crisis division at Human Rights Watch. Before taking up the role, Wille worked as Human Rights Watch’s senior Iraq researcher, and before that was the Kuwait, Qatar and Yemen researcher. Previously, Wille worked at the World Organisation Against Torture in Libya.
Karl Steinacker is an expert on digital identity. As a manager and diplomat of the United Nations High Commissioner for Refugees he was for several years in charge of registration, biometrics, and the digital identity of refugees. Currently he works with the International Civil Society Centre and Digital Equity on this and related digital issues.
For Episode 4 of this season’s Declarations podcast, host Maryam Tanwir and panelist Alice Horell sit down to discuss empathy games with Dr Karen Schrier, Associate Professor and Founding Director of the Games and Emerging Media program at Marist college, and Florent Maurin, creator of The Pixel Hunt, a video games studio with a focus on reality-inspired games.
For Episode 4 of this season’s Declarations podcast, host Maryam Tanwir and panelist Alice Horell sit down to discuss empathy games with Dr Karen Schrier, Associate Professor and Founding Director of the Games and Emerging Media program at Marist college, and Florent Maurin, creator of The Pixel Hunt, a video games studio with a focus on reality-inspired games.
Former American President Barack Obama thinks we are suffering from an empathy deficit. According to him, we need to see the problems of our world through the eyes of others. Could the socio-political crises of our time be solved with the use of ’empathy machines’, means of radically putting oneself in another’s shoes to create a more understanding and accepting world? Many researchers and game designers are trying to achieve this through the use of first person player video games. Our conversation discusses these so-called ‘empathy machines’ and tries to understand their potential for changing the world.
We kick off the episode with a discussion of a game designed by Florent, Bury me, my love. This critically acclaimed game puts the player in an interactive narrative following Nour, a Syrian woman traveling to Europe being helped through WhatsApp by her husband Majd, who’s still in Syria. Florent, a video game designer who wanted to use video games to convey his shock at the situation of Syrian refugees in 2015, emphasizes how unnerving the very idea of designing a video game was to him at first. It is only when he came across an article composed of the messages sent via Whatsapp by a refugee named Dana to her husband in Damascus that he got the idea for a non-linear game based on her experience. After contacting Dana and obtaining her approval – which was crucial to him – he started designing Bury me, my love. The aim was not to physically recreate the journey, but rather to design a game based on the Whatsapp exchanges between the couple.
Interestingly, Florent highlights how his game remains a fiction. While Dana reviewed the game and he interviewed several other refugees to make the game as realistic as possible, the game’s character is not Dana, but Nour – a fictional character. Karen, who has conducted research on empathy games, points to the multiple research steps undertaken by Florent before designing the game. To her, these are indispensable in the design process. Storytelling is a powerful tool to sustain empathy, and these games, if well researched, are ways to tell stories. However, it is hard to measure the impact of these games on empathy, a term that is difficult to pin down in general. Karen defines empathy as “considering other people’s feelings” and compassion as the “next level”, not only recognizing the other’s feelings but also helping them.
“Empathy as a concept has been deliberated. However, is it something we can measure? And if that’s the case, does it even matter?“
Karen Schrier
Alice raises the distance created by virtual reality between players and situations. Games have been criticized for collapsing a complex situation into a game. What are the ethical implications of this? Karen agrees, and says this is something researchers and designers should always keep in mind. Careful testing and input from people with a deep personal understanding of the situation are crucial to designing scripts that generate empathy. Design decisions are also key: do you create a first-person game or do you create a game with a more external perspective? Each of these questions must be approached with the objective of reducing harm and maximizing positive impact.
“There’s always a challenge with [ethical considerations in designing such games]. You could do more harm than good and it’s really a fine line.”
Karen Schrier
Florent explains that when he designed the game, impact was not at the forefront of his mind. He approached making the game more like a journalist, deploying a new method to tell a story he felt was important and that people should learn more about. That does not mean he is neutral – far from it – and his perspective is represented in the game. What Florent takes most pride in is the fact that some people may look at migration differently after playing his game. Empathy, to him, is “acquired over the course of a lifetime”, and if one piece of art, including a video game, cannot make someone empathetic, little by little they may build empathy over the long-term.
“Of course, my point of view appears in the game. Because – as any author – when you do something, what you produce is influenced by who you are.”
Florent Maurin
Florent goes on to say that, games are designed as conversations, rather than discourses. The game designer tries to anticipate all the questions a player may ask and provide satisfying answers. Rather than a discourse written by the game designer, then, they are conversations between players and designers. This approach has drawbacks, and can lead players to become more passive, but it can also stimulate activity through interaction.
Karen brings our attention to scholarship on ‘news games,’ those “that give us some kind of perspective on current events, or issues or topics”. She always asks her students what the advantages of a game are, by comparison with traditional means of conveying news such as text articles. She reports that many of her students do not read or watch news, and games are useful ways for them to engage with current affairs in a way they might not otherwise. Karen explains that players do not just play, but “converse through play,” which can draw the younger generation in the public sphere. For her, games need to also be seen as “public spheres” in their own right, where players interact, discuss current events, and event protest.
“We don’t consider our youth as part of the public sphere. Youth should be part of the public sphere, they should be part of conversation, they have as much as anybody else reason to decide how our world should be.“
Karen Schrier
Indeed, Karen emphasizes how we collectively fail to see games as important forums, especially for the youth. This reflects in part a tendency to exclude youth from society, from associating youth with lack of seriousness. We should instead see games as “productive” and “impactful”, in part through telling stories about current issues.
Florent highlights how important the game’s realism is to its impact. His game was criticized for being “unrealistic” by the far-right, as his character was a woman; according to detractors, this did not represent the reality of migration. In his case he was unfazed, as Nour is directly based on Dana’s life story. He also points to the game Path Out, an auto-biographical narrative game written by Abdullah Karam, a Syrian refugee. Karen also directs our attention to the dangers of providing different perspectives on an event or situation. For instance, a game that enables players either to play as Mexican migrants trying to cross the border into the US or as border guards trying to prevent them strikes her as highly problematic: such a game seems to claim that the situation involves two equal sides, which is far from the case – there is one marginalized and suffering, and then the privileged border control forces.
Our Panelist:
Alice is a third year Human, Social and Political sciences student at the University of Cambridge and is originally from London. Her studies are focused on the politics of conflict and peace, particularly looking at how new technologies are impacting the refugee crisis, in which she became interested when volunteering for a migrant rights charity.
Our guests:
Karen Schrier is an Associate Professor and Founding Director of the Games and Emerging Media program at Marist college, and also of Play innovation lab.
Florent Maurin is creator of The Pixel Hunt, a video games studio with a focus on reality inspired games. He is the creator of Bury me, my love, a critically acclaimed game which puts the player in an interactive WhatsApp-like fiction following Nour, a Syrian woman traveling to Europe being helped by her husband Majd, who’s still in Syria.
