Academic literature on the topic 'Closed-circuit television in court proceedings Australia'

Proof is the most decisive stage of the proceedings, considering at this stage will be determined whether or not proved the defendant committed a criminal act as indicted prosecutors. The issues in this thesis is whether the CCTV recording can be used as evidence in the process of proving a criminal case in Indonesia and what obstacles and solutions if CCTV be used as evidence in the process of proving a criminal case. The approach used problem is empirical juridical approach. The data used are primary data, secondary data and data tertiary. While the method of data collection was done by using literature study and field work and data analysis in this research is a descriptive qualitative. The results of research and discussion addressing that (1) a video of CCTV can be used as a valid legal evidence that they meet the requirements stipulated in the ITE Law Article 5 of Act No. 19 of 2016. (2) barriers CCTV as evidence in criminal cases is the lack of lighting and lack of ITE experts from the big city, so the result is dark and the image quality is less clear, but the CCTV still can be used as electronic evidence for CCTV still in the original form. CCTV evidence greatly assist the police to carry out investigations in criminal cases of theft and murder. Suggestions in this study were: Investigator should report the crime to the local Court-related issues CCTV recording to be used as evidence.Keywords: Closed Circuit Television (CCTV); Evidence; Criminal Law.

Refereed publications (also known as peer-reviewed) are the currency of academia, yet many PhD theses in Australia result in only one or two such papers. Typically, a doctoral thesis requires the candidate to present (and pass) a public Confirmation Seminar, around nine to twelve months into candidacy, in which a panel of the candidate’s supervisors and invited experts adjudicate upon whether the work is likely to continue and ultimately succeed in the goal of a coherent and original contribution to knowledge. A Final Seminar, also public and sometimes involving the traditional viva voce or oral defence of the thesis, is presented two or three months before approval is given to send the 80,000 to 100,000 word tome off for external examination. And that soul-destroying or elation-releasing examiner’s verdict can be many months in the delivery: a limbo-like period during which the candidate’s status as a student is ended and her or his receipt of any scholarship or funding guerdon is terminated with perfunctory speed. This is the only time most students spend seriously writing up their research for publication although, naturally, many are more involved in job hunting as they pin their hopes on passing the thesis examination.There is, however, a slightly more palatable alternative to this nail-biting process of the traditional PhD, and that is the PhD by Published Papers (also known as PhD by Publications or PhD by Published Works). The form of my own soon-to-be-submitted thesis, it permits the submission for examination of a collection of papers that have been refereed and accepted (or are in the process of being refereed) for publication in academic journals or books. Apart from the obvious benefits in getting published early in one’s (hopefully) burgeoning academic career, it also takes away a lot of the stress come final submission time. After all, I try to assure myself, the thesis examiners can’t really discredit the process of double-blind, peer-review the bulk of the thesis has already undergone: their job is to examine how well I’ve unified the papers into a cohesive thesis … right? But perhaps they should at least be wary, because, unfortunately, the requirements for this kind of PhD vary considerably from institution to institution and there have been some cases where the submitted work is of questionable quality compared to that produced by graduates from more demanding universities. Hence, this paper argues that in my subject area of interest—film and television studies—there is a huge range in the set requirements for doctorates, from universities that award the degree to film artists for prior published work that has undergone little or no academic scrutiny and has involved little or no on-campus participation to at least three Australian universities that require candidates be enrolled for a minimum period of full-time study and only submit scholarly work generated and published (or submitted for publication) during candidature. I would also suggest that uncertainty about where a graduate’s work rests on this continuum risks confusing a hard-won PhD by Published Papers with the sometimes risible honorary doctorate. Let’s begin by dredging the depths of those murky, quasi-academic waters to examine the occasionally less-than-salubrious honorary doctorate. The conferring of this degree is generally a recognition of an individual’s body of (usually published) work but is often conferred for contributions to knowledge or society in general that are not even remotely academic. The honorary doctorate does not usually carry with it the right to use the title “Dr” (although many self-aggrandising recipients in the non-academic world flout this unwritten code of conduct, and, indeed, Monash University’s Monash Magazine had no hesitation in describing its 2008 recipient, musician, screenwriter, and art-school-dropout Nick Cave, as “Dr Cave” (O’Loughlin)). Some shady universities even offer such degrees for sale or ‘donation’ and thus do great damage to that institution’s credibility as well as to the credibility of the degree itself. Such overseas “diploma mills”—including Ashwood University, Belford University, Glendale University and Suffield University—are identified by their advertising of “Life Experience Degrees,” for which a curriculum vitae outlining the prospective graduand’s oeuvre is accepted on face value as long as their credit cards are not rejected. An aspiring screen auteur simply specifies film and television as their major and before you can shout “Cut!” there’s a degree in the mail. Most of these pseudo-universities are not based in Australia but are perfectly happy to confer their ‘titles’ to any well-heeled, vanity-driven Australians capable of completing the online form. Nevertheless, many academics fear a similarly disreputable marketplace might develop here, and Norfolk Island-based Greenwich University presents a particularly illuminating example. Previously empowered by an Act of Parliament consented to by Senator Ian Macdonald, the then Minister for Territories, this “university” had the legal right to confer honorary degrees from 1998. The Act was eventually overridden by legislation passed in 2002, after a concerted effort by the Australian Universities Quality Agency Ltd. and the Australian Vice-Chancellors’ Committee to force the accreditation requirements of the Australian Qualifications Framework upon the institution in question, thus preventing it from making degrees available for purchase over the Internet. Greenwich University did not seek re-approval and soon relocated to its original home of Hawaii (Brown). But even real universities flounder in similarly muddy waters when, unsolicited, they make dubious decisions to grant degrees to individuals they hold in high esteem. Although meaning well by not courting pecuniary gain, they nevertheless invite criticism over their choice of recipient for their honoris causa, despite the decision usually only being reached after a process of debate and discussion by university committees. Often people are rewarded, it seems, as much for their fame as for their achievements or publications. One such example of a celebrity who has had his onscreen renown recognised by an honorary doctorate is film and television actor/comedian Billy Connolly who was awarded an Honorary Doctor of Letters by The University of Glasgow in 2006, prompting Stuart Jeffries to complain that “something has gone terribly wrong in British academia” (Jeffries). Eileen McNamara also bemoans the levels to which some institutions will sink to in search of media attention and exposure, when she writes of St Andrews University in Scotland conferring an honorary doctorate to film actor and producer, Michael Douglas: “What was designed to acknowledge intellectual achievement has devolved into a publicity grab with universities competing for celebrity honorees” (McNamara). Fame as an actor (and the list gets even weirder when the scope of enquiry is widened beyond the field of film and television), seems to be an achievement worth recognising with an honorary doctorate, according to some universities, and this kind of discredit is best avoided by Australian institutions of higher learning if they are to maintain credibility. Certainly, universities down under would do well to follow elsewhere than in the footprints of Long Island University’s Southampton College. Perhaps the height of academic prostitution of parchments for the attention of mass media occurred when in 1996 this US school bestowed an Honorary Doctorate of Amphibious Letters upon that mop-like puppet of film and television fame known as the “muppet,” Kermit the Frog. Indeed, this polystyrene and cloth creation with an anonymous hand operating its mouth had its acceptance speech duly published (see “Kermit’s Acceptance Speech”) and the Long Island University’s Southampton College received much valuable press. After all, any publicity is good publicity. Or perhaps this furry frog’s honorary degree was a cynical stunt meant to highlight the ridiculousness of the practice? In 1986 a similar example, much closer to my own home, occurred when in anticipation and condemnation of the conferral of an honorary doctorate upon Prince Philip by Monash University in Melbourne, the “Members of the Monash Association of Students had earlier given a 21-month-old Chihuahua an honorary science degree” (Jeffries), effectively suggesting that the honorary doctorate is, in fact, a dog of a degree. On a more serious note, there have been honorary doctorates conferred upon far more worthy recipients in the field of film and television by some Australian universities. Indigenous film-maker Tracey Moffatt was awarded an honorary doctorate by Griffith University in November of 2004. Moffatt was a graduate of the Griffith University’s film school and had an excellent body of work including the films Night Cries: A Rural Tragedy (1990) and beDevil (1993). Acclaimed playwright and screenwriter David Williamson was presented with an Honorary Doctorate of Letters by The University of Queensland in December of 2004. His work had previously picked up four Australian Film Institute awards for best screenplay. An Honorary Doctorate of Visual and Performing Arts was given to film director Fred Schepisi AO by The University of Melbourne in May of 2006. His films had also been earlier recognised with Australian Film Institute awards as well as the Golden Globe Best Miniseries or Television Movie award for Empire Falls in 2006. Director George Miller was crowned with an Honorary Doctorate in Film from the Australian Film, Television, and Radio School in April 2007, although he already had a medical doctor’s testamur on his wall. In May of this year, filmmaker George Gittoes, a fine arts dropout from The University of Sydney, received an honorary doctorate by The University of New South Wales. His documentaries, Soundtrack to War (2005) and Rampage (2006), screened at the Sydney and Berlin film festivals, and he has been employed by the Australian Government as an official war artist. Interestingly, the high quality screen work recognised by these Australian universities may have earned the recipients ‘real’ PhDs had they sought the qualification. Many of these film artists could have just as easily submitted their work for the degree of PhD by Published Papers at several universities that accept prior work in lieu of an original exegesis, and where a film is equated with a book or journal article. But such universities still invite comparisons of their PhDs by Published Papers with honorary doctorates due to rather too-easy-to-meet criteria. The privately funded Bond University, for example, recommends a minimum full-time enrolment of just three months and certainly seems more lax in its regulations than other Antipodean institution: a healthy curriculum vitae and payment of the prescribed fee (currently AUD$24,500 per annum) are the only requirements. Restricting my enquiries once again to the field of my own research, film and television, I note that Dr. Ingo Petzke achieved his 2004 PhD by Published Works based upon films produced in Germany well before enrolling at Bond, contextualized within a discussion of the history of avant-garde film-making in that country. Might not a cynic enquire as to how this PhD significantly differs from an honorary doctorate? Although Petzke undoubtedly paid his fees and met all of Bond’s requirements for his thesis entitled Slow Motion: Thirty Years in Film, one cannot criticise that cynic for wondering if Petzke’s films are indeed equivalent to a collection of refereed papers. It should be noted that Bond is not alone when it comes to awarding candidates the PhD by Published Papers for work published or screened in the distant past. Although yet to grant it in the area of film or television, Swinburne University of Technology (SUT) is an institution that distinctly specifies its PhD by Publications is to be awarded for “research which has been carried out prior to admission to candidature” (8). Similarly, the Griffith Law School states: “The PhD (by publications) is awarded to established researchers who have an international reputation based on already published works” (1). It appears that Bond is no solitary voice in the academic wilderness, for SUT and the Griffith Law School also apparently consider the usual milestones of Confirmation and Final Seminars to be unnecessary if the so-called candidate is already well published. Like Bond, Griffith University (GU) is prepared to consider a collection of films to be equivalent to a number of refereed papers. Dr Ian Lang’s 2002 PhD (by Publication) thesis entitled Conditional Truths: Remapping Paths To Documentary ‘Independence’ contains not refereed, scholarly articles but the following videos: Wheels Across the Himalaya (1981); Yallambee, People of Hope (1986); This Is What I Call Living (1988); The Art of Place: Hanoi Brisbane Art Exchange (1995); and Millennium Shift: The Search for New World Art (1997). While this is a most impressive body of work, and is well unified by appropriate discussion within the thesis, the cynic who raised eyebrows at Petzke’s thesis might also be questioning this thesis: Dr Lang’s videos all preceded enrolment at GU and none have been refereed or acknowledged with major prizes. Certainly, the act of releasing a film for distribution has much in common with book publishing, but should these videos be considered to be on a par with academic papers published in, say, the prestigious and demanding journal Screen? While recognition at awards ceremonies might arguably correlate with peer review there is still the question as to how scholarly a film actually is. Of course, documentary films such as those in Lang’s thesis can be shown to be addressing gaps in the literature, as is the expectation of any research paper, but the onus remains on the author/film-maker to demonstrate this via a detailed contextual review and a well-written, erudite argument that unifies the works into a cohesive thesis. This Lang has done, to the extent that suspicious cynic might wonder why he chose not to present his work for a standard PhD award. Another issue unaddressed by most institutions is the possibility that the publications have been self-refereed or refereed by the candidate’s editorial colleagues in a case wherein the papers appear in a book the candidate has edited or co-edited. Dr Gillian Swanson’s 2004 GU thesis Towards a Cultural History of Private Life: Sexual Character, Consuming Practices and Cultural Knowledge, which addresses amongst many other cultural artefacts the film Lawrence of Arabia (David Lean 1962), has nine publications: five of which come from two books she co-edited, Nationalising Femininity: Culture, Sexuality and Cinema in Britain in World War Two, (Gledhill and Swanson 1996) and Deciphering Culture: Ordinary Curiosities and Subjective Narratives (Crisp et al 2000). While few would dispute the quality of Swanson’s work, the persistent cynic might wonder if these five papers really qualify as refereed publications. The tacit understanding of a refereed publication is that it is blind reviewed i.e. the contributor’s name is removed from the document. Such a system is used to prevent bias and favouritism but this level of anonymity might be absent when the contributor to a book is also one of the book’s editors. Of course, Dr Swanson probably took great care to distance herself from the refereeing process undertaken by her co-editors, but without an inbuilt check, allegations of cronyism from unfriendly cynics may well result. A related factor in making comparisons of different university’s PhDs by Published Papers is the requirements different universities have about the standard of the journal the paper is published in. It used to be a simple matter in Australia: the government’s Department of Education, Science and Training (DEST) held a Register of Refereed Journals. If your benefactor in disseminating your work was on the list, your publications were of near-unquestionable quality. Not any more: DEST will no longer accept nominations for listing on the Register and will not undertake to rule on whether a particular journal article meets the HERDC [Higher Education Research Data Collection] requirements for inclusion in publication counts. HEPs [Higher Education Providers] have always had the discretion to determine if a publication produced in a journal meets the requirements for inclusion in the HERDC regardless of whether or not the journal was included on the Register of Refereed Journals. As stated in the HERDC specifications, the Register is not an exhaustive list of all journals which satisfy the peer-review requirements (DEST). The last listing for the DEST Register of Refereed Journals was the 3rd of February 2006, making way for a new tiered list of academic journals, which is currently under review in the Australian tertiary education sector (see discussion of this development in the Redden and Mitchell articles in this issue). In the interim, some university faculties created their own rankings of journals, but not the Faculty of Creative Industries at the Queensland University of Technology (QUT) where I am studying for my PhD by Published Papers. Although QUT does not have a list of ranked journals for a candidate to submit papers to, it is otherwise quite strict in its requirements. The QUT University Regulations state, “Papers submitted as a PhD thesis must be closely related in terms of subject matter and form a cohesive research narrative” (QUT PhD regulation 14.1.2). Thus there is the requirement at QUT that apart from the usual introduction, methodology and literature review, an argument must be made as to how the papers present a sustained research project via “an overarching discussion of the main features linking the publications” (14.2.12). It is also therein stated that it should be an “account of research progress linking the research papers” (4.2.6). In other words, a unifying essay must make an argument for consideration of the sometimes diversely published papers as a cohesive body of work, undertaken in a deliberate journey of research. In my own case, an aural auteur analysis of sound in the films of Rolf de Heer, I argue that my published papers (eight in total) represent a journey from genre analysis (one paper) to standard auteur analysis (three papers) to an argument that sound should be considered in auteur analysis (one paper) to the major innovation of the thesis, aural auteur analysis (three papers). It should also be noted that unlike Bond, GU or SUT, the QUT regulations for the standard PhD still apply: a Confirmation Seminar, Final Seminar and a minimum two years of full-time enrolment (with a minimum of three months residency in Brisbane) are all compulsory. Such milestones and sine qua non ensure the candidate’s academic progress and intellectual development such that she or he is able to confidently engage in meaningful quodlibets regarding the thesis’s topic. Another interesting and significant feature of the QUT guidelines for this type of degree is the edict that papers submitted must be “published, accepted or submitted during the period of candidature” (14.1.1). Similarly, the University of Canberra (UC) states “The articles or other published material must be prepared during the period of candidature” (10). Likewise, Edith Cowan University (ECU) will confer its PhD by Publications to those candidates whose thesis consists of “only papers published in refereed scholarly media during the period of enrolment” (2). In other words, one cannot simply front up to ECU, QUT, or UC with a résumé of articles or films published over a lifetime of writing or film-making and ask for a PhD by Published Papers. Publications of the candidate prepared prior to commencement of candidature are simply not acceptable at these institutions and such PhDs by Published Papers from QUT, UC and ECU are entirely different to those offered by Bond, GU and SUT. Furthermore, without a requirement for a substantial period of enrolment and residency, recipients of PhDs by Published Papers from Bond, GU, or SUT are unlikely to have participated significantly in the research environment of their relevant faculty and peers. Such newly minted doctors may be as unfamiliar with the campus and its research activities as the recipient of an honorary doctorate usually is, as he or she poses for the media’s cameras en route to the glamorous awards ceremony. Much of my argument in this paper is built upon the assumption that the process of refereeing a paper (or for that matter, a film) guarantees a high level of academic rigour, but I confess that this premise is patently naïve, if not actually flawed. Refereeing can result in the rejection of new ideas that conflict with the established opinions of the referees. Interdisciplinary collaboration can be impeded and the lack of referee’s accountability is a potential problem, too. It can also be no less nail-biting a process than the examination of a finished thesis, given that some journals take over a year to complete the refereeing process, and some journal’s editorial committees have recognised this shortcoming. Despite being a mainstay of its editorial approach since 1869, the prestigious science journal, Nature, which only publishes about 7% of its submissions, has led the way with regard to varying the procedure of refereeing, implementing in 2006 a four-month trial period of ‘Open Peer Review’. Their website states, Authors could choose to have their submissions posted on a preprint server for open comments, in parallel with the conventional peer review process. Anyone in the field could then post comments, provided they were prepared to identify themselves. Once the usual confidential peer review process is complete, the public ‘open peer review’ process was closed and the editors made their decision about publication with the help of all reports and comments (Campbell). Unfortunately, the experiment was unpopular with both authors and online peer reviewers. What the Nature experiment does demonstrate, however, is that the traditional process of blind refereeing is not yet perfected and can possibly evolve into something less problematic in the future. Until then, refereeing continues to be the best system there is for applying structured academic scrutiny to submitted papers. With the reforms of the higher education sector, including forced mergers of universities and colleges of advanced education and the re-introduction of university fees (carried out under the aegis of John Dawkins, Minister for Employment, Education and Training from 1987 to 1991), and the subsequent rationing of monies according to research dividends (calculated according to numbers of research degree conferrals and publications), there has been a veritable explosion in the number of institutions offering PhDs in Australia. But the general public may not always be capable of differentiating between legitimately accredited programs and diploma mills, given that the requirements for the first differ substantially. From relatively easily obtainable PhDs by Published Papers at Bond, GU and SUT to more rigorous requirements at ECU, QUT and UC, there is undoubtedly a huge range in the demands of degrees that recognise a candidate’s published body of work. The cynical reader may assume that with this paper I am simply trying to shore up my own forthcoming graduation with a PhD by Published papers from potential criticisms that it is on par with a ‘purchased’ doctorate. Perhaps they are right, for this is a new degree in QUT’s Creative Industries faculty and has only been awarded to one other candidate (Dr Marcus Foth for his 2006 thesis entitled Towards a Design Methodology to Support Social Networks of Residents in Inner-City Apartment Buildings). But I believe QUT is setting a benchmark, along with ECU and UC, to which other universities should aspire. In conclusion, I believe further efforts should be undertaken to heighten the differences in status between PhDs by Published Papers generated during enrolment, PhDs by Published Papers generated before enrolment and honorary doctorates awarded for non-academic published work. Failure to do so courts cynical comparison of all PhD by Published Papers with unearnt doctorates bought from Internet shysters. References Brown, George. “Protecting Australia’s Higher Education System: A Proactive Versus Reactive Approach in Review (1999–2004).” Proceedings of the Australian Universities Quality Forum 2004. Australian Universities Quality Agency, 2004. 11 June 2008 ‹http://www.auqa.edu.au/auqf/2004/program/papers/Brown.pdf>. Campbell, Philip. “Nature Peer Review Trial and Debate.” Nature: International Weekly Journal of Science. December 2006. 11 June 2008 ‹http://www.nature.com/nature/peerreview/> Crisp, Jane, Kay Ferres, and Gillian Swanson, eds. Deciphering Culture: Ordinary Curiosities and Subjective Narratives. London: Routledge, 2000. Department of Education, Science and Training (DEST). “Closed—Register of Refereed Journals.” Higher Education Research Data Collection, 2008. 11 June 2008 ‹http://www.dest.gov.au/sectors/research_sector/online_forms_services/ higher_education_research_data_ collection.htm>. Edith Cowan University. “Policy Content.” Postgraduate Research: Thesis by Publication, 2003. 11 June 2008 ‹http://www.ecu.edu.au/GPPS/policies_db/tmp/ac063.pdf>. Gledhill, Christine, and Gillian Swanson, eds. Nationalising Femininity: Culture, Sexuality and Cinema in Britain in World War Two. Manchester: Manchester UP, 1996. Griffith Law School, Griffith University. Handbook for Research Higher Degree Students. 24 March 2004. 11 June 2008 ‹http://www.griffith.edu.au/centre/slrc/pdf/rhdhandbook.pdf>. Jeffries, Stuart. “I’m a celebrity, get me an honorary degree!” The Guardian 6 July 2006. 11 June 2008 ‹http://education.guardian.co.uk/higher/comment/story/0,,1813525,00.html>. Kermit the Frog. “Kermit’s Commencement Address at Southampton Graduate Campus.” Long Island University News 19 May 1996. 11 June 2008 ‹http://www.southampton.liu.edu/news/commence/1996/kermit.htm>. McNamara, Eileen. “Honorary senselessness.” The Boston Globe 7 May 2006. ‹http://www. boston.com/news/local/articles/2006/05/07/honorary_senselessness/>. O’Loughlin, Shaunnagh. “Doctor Cave.” Monash Magazine 21 (May 2008). 13 Aug. 2008 ‹http://www.monash.edu.au/pubs/monmag/issue21-2008/alumni/cave.html>. Queensland University of Technology. “Presentation of PhD Theses by Published Papers.” Queensland University of Technology Doctor of Philosophy Regulations (IF49). 12 Oct. 2007. 11 June 2008 ‹http://www.mopp.qut.edu.au/Appendix/appendix09.jsp#14%20Presentation %20of%20PhD%20Theses>. Swinburne University of Technology. Research Higher Degrees and Policies. 14 Nov. 2007. 11 June 2008 ‹http://www.swinburne.edu.au/corporate/registrar/ppd/docs/RHDpolicy& procedure.pdf>. University of Canberra. Higher Degrees by Research: Policy and Procedures (The Gold Book). 7.3.3.27 (a). 15 Nov. 2004. 11 June 2008 ‹http://www.canberra.edu.au/research/attachments/ goldbook/Pt207_AB20approved3220arp07.pdf>.

Our thesis is that the city’s ambience is now an unstable dialectic in which we are watchers and watched, mirrored and refracted in a landscape of iPhone auteurs, eTags, CCTV and sousveillance. Embrace ambience! Invoking Benjamin’s spirit, this article does not seek to limit understanding through restriction to a particular theme or theoretical construct (Buck-Morss 253). Instead, it offers snapshots of interactions at the dawn of the postmodern city. That bricolage also engages how people appropriate, manipulate, disrupt and divert urban spaces and strategies of power in their everyday life. Ambient information can both liberate and disenfranchise the individual. This article asks whether our era’s dialectics result in a new personhood or merely restate the traditional spectacle of ‘bright lights, big city’. Does the virtualized city result in ambient anomie and satiation or in surprise, autonomy and serendipity? (Gumpert 36) Since the steam age, ambience has been characterised in terms of urban sound, particularly the alienation attributable to the individual’s experience as a passive receptor of a cacophony of sounds – now soft, now loud, random and recurrent–from the hubbub of crowds, the crash and grind of traffic, the noise of industrial processes and domestic activity, factory whistles, fire alarms, radio, television and gramophones (Merchant 111; Thompson 6). In the age of the internet, personal devices such as digital cameras and iPhones, and urban informatics such as CCTV networks and e-Tags, ambience is interactivity, monitoring and signalling across multiple media, rather than just sound. It is an interactivity in which watchers observe the watched observing them and the watched reshape the fabric of virtualized cities merely by traversing urban precincts (Hillier 295; De Certeau 163). It is also about pervasive although unevenly distributed monitoring of individuals, using sensors that are remote to the individual (for example cameras or tag-readers mounted above highways) or are borne by the individual (for example mobile phones or badges that systematically report the location to a parent, employer or sex offender register) (Holmes 176; Savitch 130). That monitoring reflects what Doel and Clark characterized as a pervasive sense of ambient fear in the postmodern city, albeit fear that like much contemporary anxiety is misplaced–you are more at risk from intimates than from strangers, from car accidents than terrorists or stalkers–and that is ahistorical (Doel 13; Scheingold 33). Finally, it is about cooption, with individuals signalling their identity through ambient advertising: wearing tshirts, sweatshirts, caps and other apparel that display iconic faces such as Obama and Monroe or that embody corporate imagery such as the Nike ‘Swoosh’, Coca-Cola ‘Ribbon’, Linux Penguin and Hello Kitty feline (Sayre 82; Maynard 97). In the postmodern global village much advertising is ambient, rather than merely delivered to a device or fixed on a billboard. Australian cities are now seas of information, phantasmagoric environments in which the ambient noise encountered by residents and visitors comprises corporate signage, intelligent traffic signs, displays at public transport nodes, shop-window video screens displaying us watching them, and a plethora of personal devices showing everything from the weather to snaps of people in the street or neighborhood satellite maps. They are environments through which people traverse both as persons and abstractions, virtual presences on volatile digital maps and in online social networks. Spectacle, Anomie or Personhood The spectacular city of modernity is a meme of communication, cultural and urban development theory. It is spectacular in the sense that of large, artificial, even sublime. It is also spectacular because it is built around the gaze, whether the vistas of Hausmann’s boulevards, the towers of Manhattan and Chicago, the shopfront ‘sea of light’ and advertising pillars noted by visitors to Weimar Berlin or the neon ‘neo-baroque’ of Las Vegas (Schivelbusch 114; Fritzsche 164; Ndalianis 535). In the year 2010 it aspires to 2020 vision, a panoptic and panspectric gaze on the part of governors and governed alike (Kullenberg 38). In contrast to the timelessness of Heidegger’s hut and the ‘fixity’ of rural backwaters, spectacular cities are volatile domains where all that is solid continues to melt into air with the aid of jackhammers and the latest ‘new media’ potentially result in a hypereality that make it difficult to determine what is real and what is not (Wark 22; Berman 19). The spectacular city embodies a dialectic. It is anomic because it induces an alienation in the spectator, a fatigue attributable to media satiation and to a sense of being a mere cog in a wheel, a disempowered and readily-replaceable entity that is denied personhood–recognition as an autonomous individual–through subjection to a Fordist and post-Fordist industrial discipline or the more insidious imprisonment of being ‘a housewife’, one ant in a very large ant hill (Dyer-Witheford 58). People, however, are not automatons: they experience media, modernity and urbanism in different ways. The same attributes that erode the selfhood of some people enhance the autonomy and personhood of others. The spectacular city, now a matrix of digits, information flows and opportunities, is a realm in which people can subvert expectations and find scope for self-fulfillment, whether by wearing a hoodie that defeats CCTV or by using digital technologies to find and associate with other members of stigmatized affinity groups. One person’s anomie is another’s opportunity. Ambience and Virtualisation Eighty years after Fritz Lang’s Metropolis forecast a cyber-sociality, digital technologies are resulting in a ‘virtualisation’ of social interactions and cities. In post-modern cityscapes, the space of flows comprises an increasing number of electronic exchanges through physically disjointed places (Castells 2002). Virtualisation involves supplementation or replacement of face-to-face contact with hypersocial communication via new media, including SMS, email, blogging and Facebook. In 2010 your friends (or your boss or a bully) may always be just a few keystrokes away, irrespective of whether it is raining outside, there is a public transport strike or the car is in for repairs (Hassan 69; Baron 215). Virtualisation also involves an abstraction of bodies and physical movements, with the information that represents individual identities or vehicles traversing the virtual spaces comprised of CCTV networks (where viewers never encounter the person or crowd face to face), rail ticketing systems and road management systems (x e-Tag passed by this tag reader, y camera logged a specific vehicle onto a database using automated number-plate recognition software) (Wood 93; Lyon 253). Surveillant Cities Pervasive anxiety is a permanent and recurrent feature of urban experience. Often navigated by an urgency to control perceived disorder, both physically and through cultivated dominant theory (early twentieth century gendered discourses to push women back into the private sphere; ethno-racial closure and control in the Black Metropolis of 1940s Chicago), history is punctuated by attempts to dissolve public debate and infringe minority freedoms (Wilson 1991). In the Post-modern city unprecedented technological capacity generates a totalizing media vector whose plausible by-product is the perception of an ambient menace (Wark 3). Concurrent faith in technology as a cost-effective mechanism for public management (policing, traffic, planning, revenue generation) has resulted in emergence of the surveillant city. It is both a social and architectural fabric whose infrastructure is dotted with sensors and whose people assume that they will be monitored by private/public sector entities and directed by interactive traffic management systems – from electronic speed signs and congestion indicators through to rail schedule displays –leveraging data collected through those sensors. The fabric embodies tensions between governance (at its crudest, enforcement of law by police and their surrogates in private security services) and the soft cage of digital governmentality, with people being disciplined through knowledge that they are being watched and that the observation may be shared with others in an official or non-official shaming (Parenti 51; Staples 41). Encounters with a railway station CCTV might thus result in exhibition of the individual in court or on broadcast television, whether in nightly news or in a ‘reality tv’ crime expose built around ‘most wanted’ footage (Jermyn 109). Misbehaviour by a partner might merely result in scrutiny of mobile phone bills or web browser histories (which illicit content has the partner consumed, which parts of cyberspace has been visited), followed by a visit to the family court. It might instead result in digital viligilantism, with private offences being named and shamed on electronic walls across the global village, such as Facebook. iPhone Auteurism Activists have responded to pervasive surveillance by turning the cameras on ‘the watchers’ in an exercise of ‘sousveillance’ (Bennett 13; Huey 158). That mirroring might involve the meticulous documentation, often using the same geospatial tools deployed by public/private security agents, of the location of closed circuit television cameras and other surveillance devices. One outcome is the production of maps identifying who is watching and where that watching is taking place. As a corollary, people with anxieties about being surveilled, with a taste for street theatre or a receptiveness to a new form of urban adventure have used those maps to traverse cities via routes along which they cannot be identified by cameras, tags and other tools of the panoptic sort, or to simply adopt masks at particular locations. In 2020 can anyone aspire to be a protagonist in V for Vendetta? (iSee) Mirroring might take more visceral forms, with protestors for example increasingly making a practice of capturing images of police and private security services dealing with marches, riots and pickets. The advent of 3G mobile phones with a still/video image capability and ongoing ‘dematerialisation’ of traditional video cameras (ie progressively cheaper, lighter, more robust, less visible) means that those engaged in political action can document interaction with authority. So can passers-by. That ambient imaging, turning the public gaze on power and thereby potentially redefining the ‘public’ (given that in Australia the community has been embodied by the state and discourse has been mediated by state-sanctioned media), poses challenges for media scholars and exponents of an invigorated civil society in which we are looking together – and looking at each other – rather than bowling alone. One challenge for consumers in construing ambient media is trust. Can we believe what we see, particularly when few audiences have forensic skills and intermediaries such as commercial broadcasters may privilege immediacy (the ‘breaking news’ snippet from participants) over context and verification. Social critics such as Baudelaire and Benjamin exalt the flaneur, the free spirit who gazed on the street, a street that was as much a spectacle as the theatre and as vibrant as the circus. In 2010 the same technologies that empower citizen journalism and foster a succession of velvet revolutions feed flaneurs whose streetwalking doesn’t extend beyond a keyboard and a modem. The US and UK have thus seen emergence of gawker services, with new media entrepreneurs attempting to build sustainable businesses by encouraging fans to report the location of celebrities (and ideally provide images of those encounters) for the delectation of people who are web surfing or receiving a tweet (Burns 24). In the age of ambient cameras, where the media are everywhere and nowhere (and micro-stock photoservices challenge agencies such as Magnum), everyone can join the paparazzi. Anyone can deploy that ambient surveillance to become a stalker. The enthusiasm with which fans publish sightings of celebrities will presumably facilitate attacks on bodies rather than images. Information may want to be free but so, inconveniently, do iconoclasts and practitioners of participatory panopticism (Dodge 431; Dennis 348). Rhetoric about ‘citizen journalism’ has been co-opted by ‘old media’, with national broadcasters and commercial enterprises soliciting still images and video from non-professionals, whether for free or on a commercial basis. It is a world where ‘journalists’ are everywhere and where responsibility resides uncertainly at the editorial desk, able to reject or accept offerings from people with cameras but without the industrial discipline formerly exercised through professional training and adherence to formal codes of practice. It is thus unsurprising that South Australia’s Government, echoed by some peers, has mooted anti-gawker legislation aimed at would-be auteurs who impede emergency services by stopping their cars to take photos of bushfires, road accidents or other disasters. The flipside of that iPhone auteurism is anxiety about the public gaze, expressed through moral panics regarding street photography and sexting. Apart from a handful of exceptions (notably photography in the Sydney Opera House precinct, in the immediate vicinity of defence facilities and in some national parks), Australian law does not prohibit ‘street photography’ which includes photographs or videos of streetscapes or public places. Despite periodic assertions that it is a criminal offence to take photographs of people–particularly minors–without permission from an official, parent/guardian or individual there is no general restriction on ambient photography in public spaces. Moral panics about photographs of children (or adults) on beaches or in the street reflect an ambient anxiety in which danger is associated with strangers and strangers are everywhere (Marr 7; Bauman 93). That conceptualisation is one that would delight people who are wholly innocent of Judith Butler or Andrea Dworkin, in which the gaze (ever pervasive, ever powerful) is tantamount to a violation. The reality is more prosaic: most child sex offences involve intimates, rather than the ‘monstrous other’ with the telephoto lens or collection of nastiness on his iPod (Cossins 435; Ingebretsen 190). Recognition of that reality is important in considering moves that would egregiously restrict legitimate photography in public spaces or happy snaps made by doting relatives. An ambient image–unposed, unpremeditated, uncoerced–of an intimate may empower both authors and subjects when little is solid and memory is fleeting. The same caution might usefully be applied in considering alarms about sexting, ie creation using mobile phones (and access by phone or computer monitor) of intimate images of teenagers by teenagers. Australian governments have moved to emulate their US peers, treating such photography as a criminal offence that can be conceptualized as child pornography and addressed through permanent inclusion in sex offender registers. Lifelong stigmatisation is inappropriate in dealing with naïve or brash 12 and 16 year olds who have been exchanging intimate images without an awareness of legal frameworks or an understanding of consequences (Shafron-Perez 432). Cameras may be everywhere among the e-generation but legal knowledge, like the future, is unevenly distributed. Digital Handcuffs Generations prior to 2008 lost themselves in the streets, gaining individuality or personhood by escaping the surveillance inherent in living at home, being observed by neighbours or simply surrounded by colleagues. Streets offered anonymity and autonomy (Simmel 1903), one reason why heterodox sexuality has traditionally been negotiated in parks and other beats and on kerbs where sex workers ply their trade (Dalton 375). Recent decades have seen a privatisation of those public spaces, with urban planning and digital technologies imposing a new governmentality on hitherto ambient ‘deviance’ and on voyeuristic-exhibitionist practice such as heterosexual ‘dogging’ (Bell 387). That governmentality has been enforced through mechanisms such as replacement of traditional public toilets with ‘pods’ that are conveniently maintained by global service providers such as Veolia (the unromantic but profitable rump of former media & sewers conglomerate Vivendi) and function as billboards for advertising groups such as JC Decaux. Faces encountered in the vicinity of the twenty-first century pissoir are thus likely to be those of supermodels selling yoghurt, low interest loans or sportsgear – the same faces sighted at other venues across the nation and across the globe. Visiting ‘the mens’ gives new meaning to the word ambience when you are more likely to encounter Louis Vuitton and a CCTV camera than George Michael. George’s face, or that of Madonna, Barack Obama, Kevin 07 or Homer Simpson, might instead be sighted on the tshirts or hoodies mentioned above. George’s music might also be borne on the bodies of people you see in the park, on the street, or in the bus. This is the age of ambient performance, taken out of concert halls and virtualised on iPods, Walkmen and other personal devices, music at the demand of the consumer rather than as rationed by concert managers (Bull 85). The cost of that ambience, liberation of performance from time and space constraints, may be a Weberian disenchantment (Steiner 434). Technology has also removed anonymity by offering digital handcuffs to employees, partners, friends and children. The same mobile phones used in the past to offer excuses or otherwise disguise the bearer’s movement may now be tied to an observer through location services that plot the person’s movement across Google Maps or the geospatial information of similar services. That tracking is an extension into the private realm of the identification we now take for granted when using taxis or logistics services, with corporate Australia for example investing in systems that allow accurate determination of where a shipment is located (on Sydney Harbour Bridge? the loading dock? accompanying the truck driver on unauthorized visits to the pub?) and a forecast of when it will arrive (Monmonier 76). Such technologies are being used on a smaller scale to enforce digital Fordism among the binary proletariat in corporate buildings and campuses, with ‘smart badges’ and biometric gateways logging an individual’s movement across institutional terrain (so many minutes in the conference room, so many minutes in the bathroom or lingering among the faux rainforest near the Vice Chancellery) (Bolt). Bright Lights, Blog City It is a truth universally acknowledged, at least by right-thinking Foucauldians, that modernity is a matter of coercion and anomie as all that is solid melts into air. If we are living in an age of hypersocialisation and hypercapitalism – movies and friends on tap, along with the panoptic sorting by marketers and pervasive scrutiny by both the ‘information state’ and public audiences (the million people or one person reading your blog) that is an inevitable accompaniment of the digital cornucopia–we might ask whether everyone is or should be unhappy. This article began by highlighting traditional responses to the bright lights, brashness and excitement of the big city. One conclusion might be that in 2010 not much has changed. Some people experience ambient information as liberating; others as threatening, productive of physical danger or of a more insidious anomie in which personal identity is blurred by an ineluctable electro-smog. There is disagreement about the professionalism (for which read ethics and inhibitions) of ‘citizen media’ and about a culture in which, as in the 1920s, audiences believe that they ‘own the image’ embodying the celebrity or public malefactor. Digital technologies allow you to navigate through the urban maze and allow officials, marketers or the hostile to track you. Those same technologies allow you to subvert both the governmentality and governance. You are free: Be ambient! References Baron, Naomi. Always On: Language in an Online and Mobile World. New York: Oxford UP, 2008. Bauman, Zygmunt. 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