Favorite Quotes

"Once you walk into a courtroom, you've already lost. The best way to win is to avoid it at all costs, because the justice system is anything but" Sydney Carton, Attorney. "There is no one in the criminal justice system who believes that system works well. Or if they are, they are for courts that are an embarrassment to the ideals of justice. The law of real people doesn't work" Lawrence Lessig, Harvard Law Professor.



Thursday, January 31, 2013

Meet the private companies that are turning our police into a paramilitary force.


L3 Communications:

L3 Communications is everywhere. Those night-vision goggles the JSOC team in Zero Dark Thirty uses?  That's L3. The new machines that are replacing the naked scanners at the airport?  That's L3. Torture at Abu Ghraib? A former subsidiary of L3 was recently ordered to pay $ 5.28 million to 71 Iraqis who had been held in the awful prison. 

Oh, and drones? L3 is on it. Reprieve, a UK-based human rights organization, earlier this month  wrote on its Web site:
“L-3 Communications is one of the main subcontractors involved with production of the US’s lethal Predator since the inception of the programme. Predators are used by the CIA to kill ‘suspected militants’ and terrorise entire populations in Pakistan and Yemen. Drone strikes have escalated under the Obama administration and 2013 has already seen six strikes in the two countries.”
Unsurprisingly, L3 Communications is well connected beyond the national security community. Its chief financial officer recently spoke at  Goldman Sachs, at what the financial titan hilariously refers to as a “fireside chat.”

L3 also supplies local law enforcement with its night-vision products and makes a license-plate recognition  (LPR) device, a machine with disturbing implications. LPR can be mounted on cop cruisers or statically positioned at busy intersections and can run potentially thousands of license plates through law enforcement databases in a matter of hours. In some parts of the country LPR readers can track your location for miles. As the Wall Street Journal noted, surveillance of even “mundane” activities of people not accused of any crime is now “the default rather than the exception.”


L3 Communications embodies the totality of the national security and surveillance state. There is only minimal distinction between its military products and police products. Its night-vision line is sold to both military and law enforcement. Its participation in the drone program is now, as far as we know, limited to countries in the Middle East and North Africa. But in the words of the  New York Times editorial board, “[i]t is not a question of whether drones will appear in the skies above the United States but how soon.” The NYT estimates the domestic drone market at $5 billion, likely a conservative estimate, and contractors will vie for that money in the public and private sphere. L3's venture into airports, the border of where domestic policy meets foreign policy in the name of national security, is therefore significant both symbolically and materially. 

Harris Corporation:
 
Harris Corporation is a huge provider of national security and communications technology to federal and local law enforcement agencies. Though many people have never heard of it, Harris is a major player in the beltway National Security community. President and CEO William M. Brown was recently appointed to the National Security Telecommunications Advisory Committee, and in 2009 the Secret Service offered Harris a contract to train its agents in the use of Harris' Stingray line. The Secret Service awarded the company additional contracts in 2012. 

If you've heard of Harris at all, it's likely been because its controversial Stingray product has been getting attention as an information-gathering tool with major privacy implications. The Stingray allows law enforcement to cast a kilometers' wide digital net over an area to determine the location of a single cell phone signal – and in the process collect cell data on potentially hundreds of people who aren't suspected of any crimes. EFF claims the device is a modern version of British soldiers canvassing the pre-Revolutionary colonies, searching people's homes without probable cause – exactly what the Fourth Amendment was created to prevent. EFF describes the process this way:
“A Stingray works by masquerading as a cell phone tower—to which your mobile phone sends signals to every 7 to 15 seconds whether you are on a call or not— and tricks your phone into connecting to it. As a result, the government can figure out who, when and to where you are calling, the precise location of every device within the range, and with some devices, even capture the content of your conversations.”
BI2 Technologies:

BI2 Technologies makes a fine pitch. Its iris-scanning technology can be made to sound very appealing. Iris scans are relatively non-invasive, there's no touching involved so the likelihood of spreading disease is reduced, and as B12 states on its Web site, "there are no lasers, strong lights or any kind of harmful beams.” It also claims that iris scanning is "strictly opt-in," and that a “user" (who in most cases would be better described as an “arrestee”) “must consciously elect to participate” in the scanning. (When I was arrested by the NYPD while covering a protest, the scan was voluntary -- though the NYPD didn't tell me that, a protester did. But if I refused to submit to it I could have been punished with an extra night in jail.) 

Reuters reported that BI2's iPhone-based iris scanner -- called MORIS -- is capable of taking an accurate scan from four feet away, “potentially without the person being aware of it.” MORIS has drawn harsh condemnation from the ACLU. The primary concern from privacy advocates is that law enforcement will deploy this technology in an overly broad way. ACLU senior policy analyst Jay Stanley told Reuters that he didn't want the police “using them routinely on the general public, collecting biometric information on innocent people.” 

MORIS isn't just for irises; it also scans faces. In 2011, the Wall Street Journalreported that the sheriff's office in Pinellas County, Florida, “uses digital cameras to take pictures of people, download the pictures to laptops, then use facial-recognition technologies to search for matching faces.” New database technology like Trapwire, a data mining system that analyzes “suspicious behavior” in purported attempts to predict terrorist behavior, makes face scanning potentially more worrisome. Trapwire uses at least “CCTV, license-plate readers, and open-source databases” as input sources, and although it doesn't employ facial-recognition software, the incentives to combine these types of technology is clear. 

Beginning in 2014, BI2 will manage a national iris-scan database for the FBI, called Next-Generation Identification (NGI). Lockheed Martin is also involved in building the database. Much of BI2's iris data comes from inmates in 47 states, and despite BI2's claims that iris scanning can't be gamed, that is not the case. Experts showed last summer that the iris can be “reverse-engineered” to fool the scanners, which are generally thought to be more accurate than fingerprinting. 

The usual suspects lamented in 2011 that iris scanning isn't used at airports or borders, but security creep is difficult to combat, especially once “national security” is invoked. Just days ago it was reported  that the FBI is teaming with the Department of Homeland Security to ramp up iris scanning at US borders.


The story of BI2 is important because the initial technology is superficially appealing. The company's first projects were called the Child Project, designed to help locate missing children; and Senior Safety Net, developed to identify missing seniors suffering from Alzheimer's. According to B12's Web site, sheriffs' departments in 47 states use the BI2 iris-scanning device and database, which makes it easy to mobilize support to facilitate the safe return of children and seniors.  
http://www.alternet.org/meet-contractors-turning-americas-police-paramilitary-force

Report: The rise in federal prison population is unprecedented.


“Since the early 1980s, there has been a historically unprecedented increase in the federal prison population,” a new report from the Congressional Research Service observes.

“The number of inmates under the Bureau of Prisons’ (BOP) jurisdiction has increased from approximately 25,000 in FY1980 to nearly 219,000 in FY2012. Since FY1980, the federal prison population has increased, on average, by approximately 6,100 inmates each year. Data show that a growing proportion of inmates are being incarcerated for immigration- and weapons-related offenses, but the largest portion of newly admitted inmates are being incarcerated for drug offenses.”

“Changes in federal sentencing and correctional policy since the early 1980s have contributed to the rapid growth in the federal prison population,” CRS explained. “These changes include increasing the number of federal offenses subject to mandatory minimum sentences; changes to the federal criminal code that have made more crimes federal offenses; and eliminating parole.”

A number of secondary problems are attributable to the rapid growth in incarceration, CRS said, including rising financial costs, overcrowding, and deteriorating prison infrastructure.

“Should Congress choose to consider policy options to address the issues resulting from the growth in the federal prison population, policymakers could choose options such as increasing the capacity of the federal prison system by building more prisons, investing in rehabilitative programming, or placing more inmates in private prisons.”

Alternatively, CRS said, “Policymakers might also consider whether they want to revise some of the policy changes that have been made over the past three decades that have contributed to the steadily increasing number of offenders being incarcerated. For example, Congress could consider options such as (1) modifying mandatory minimum penalties, (2) expanding the use of Residential Reentry Centers, (3) placing more offenders on probation, (4) reinstating parole for federal inmates, (5) expanding the amount of good time credit an inmate can earn, and (6) repealing federal criminal statutes for some offenses.”
 http://www.fas.org/blog/secrecy/2013/01/prison_population.html

Report:
The Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options

Are antidepressants linked to mass shootings?

 


(Part2) Mysteries of the Mind: Researchers take aim at schizophrenia's thinking problems:
http://www.post-gazette.com/stories/news/health/mysteries-of-the-mind-researchers-take-aim-at-schizophrenias-thinking-problems-672293/

(Part3) Mysteries of the Mind: Violence by mentally ill is rare, but more frequent than in others:
http://www.post-gazette.com/stories/news/health/mysteries-of-the-mind-separating-fact-from-fiction-on-mental-illness-violence-672465/

The psychiatric wolves attack more innocent children:
http://jonrappoport.wordpress.com/2013/01/28/the-psychiatric-wolves-attack-more-innocent-children/

(Drug-induced murder) What caused the Connecticut school shootings:
http://www.thenewamerican.com/usnews/crime/item/14335-drug-induced-murder-what-caused-the-connecticut-school-shootings?

Depression and the harmful medications that go with it:
http://www.collective-evolution.com/2013/01/29/depression-and-the-harmful-drugs-that-go-with-it/ 


DHS New Jersey Fusion Center Mass Shootings Analysis.

Mass Shootings Analysis – Commonalities and Trends

Key Findings:

(U//FOUO) An analysis of 29 mass shooting incidents in the United States since 1999 indicates that nearly half were workplace shootings.

(U//FOUO) All of the shooters but one were males between the ages of 17 and 48. All but one of the 29 incidents were conducted by single shooters.

(U//FOUO) Most of the active shooters took their own lives or were shot by responding
police officers.

(U//FOUO) Only four of the shooters were current or former members of the military.

(U//FOUO) Semiautomatic handguns were the most commonly used type of weapon in the mass shootings.
 http://info.publicintelligence.net/NJROIC-MassShootings.pdf

Civil asset forfeiture fund proceeds are up $1.6 billion and growing as police & prosecutors profit.


Arlington, VA.- Georgia’s civil forfeiture laws are among the worst in the nation but the problems are made worse by a lack of public accountability, as a new report from the Institute for Justice called Rotten Reporting in the Peach State details. Even though a 2011 lawsuit forced some agencies to start filing forfeiture reports, many state reports lack basic details necessary for proper public oversight. Without greater transparency, it is difficult for citizens or public officials to know how forfeiture and its proceeds are being used. State law should be reformed to allow for better and more consistent reporting from all agencies.

Under Georgia’s civil forfeiture laws, law enforcement agencies can seize and keep cars, cash and other private property that is merely suspected of being involved in criminal activity. 

Unlike criminal forfeiture, a property owner facing civil forfeiture need not be found guilty of a crime—or even charged with a crime—to permanently lose his or her possessions.

The problem at the core of civil forfeiture is the perverse financial incentive that encourages law enforcement to “police for profit” rather than seek the neutral administration of justice. 

Under Georgia law, law enforcement agencies that take property are allowed to keep 90 percent of the proceeds, after a 10 percent processing fee is paid to the District Attorney’s office.

Forfeiture reform should improve public oversight by creating uniform reporting standards and requiring all agencies to follow them, and it should also address the substantive problems with Georgia’s laws by following three principles embodied in the Institute for Justice (IJ’s) forfeiture model legislation: (1) A conviction should be required before final title to property is transferred to the state; (2) an innocent owner who is not suspected of any wrongdoing should quickly get back seized property; and (3) police and prosecutors should not profit from enforcing forfeiture laws.

Reforms like these would allow the state to be tough on crime while still respecting property rights. Convicted criminals would lose ill-gotten gains, and innocent people would not lose their property to overzealous police or prosecutors whose budgets benefit from the taking.

“Civil forfeiture represents one of the biggest threats to property rights in Georgia,” said Lee McGrath, IJ’s legislative counsel. “Georgia has been plagued with forfeiture abuse and it’s time the legislature reformed its forfeiture laws. Rotten Reporting highlights how the perverse financial incentive and significant lack of transparency invite abuse, and what Georgia can do to protect the property rights of all Georgians.”
 http://www.ij.org/georgia-asset-forfeiture-release-1-29-2013

Arizona’s profit incentive in civil forfeiture:
http://www.ij.org/images/pdf_folder/private_property/forfeiture/az-forfeiture-report.pdf

Minnesota’s forfeiture laws stack the deck against property owners.
http://www.ij.org/images/pdf_folder/other_pubs/stacked-deck.pdf 

Institute for Justice scores major federal court victory in Massachusetts civil forfeiture case.

 
In a major triumph for property rights, a federal court in Massachusetts dismissed a civil forfeiture action against the Motel Caswell, a family-run motel in Tewksbury, handing a complete victory to owners Russell and Patricia Caswell.  In one of the most contentious civil forfeiture fights in the nation, Magistrate Judge Judith G. Dein of the U.S. District Court for the District of Massachusetts concluded, based on a week-long bench trial in November 2012, that the motel was not subject to forfeiture under federal law and that its owners were wholly innocent of any wrongdoing.

The Institute for Justice (IJ) and local counsel Schlossberg, LLC, brought the case to trial to expose the injustices of civil forfeiture laws that allow law enforcement agencies to pad their budgets by taking property from innocent owners who have never been convicted or even charged with a crime.
Federal Court ruling (pdf).

“This is a complete victory for the Caswell family and for the protection of private property rights,” said Scott Bullock, senior attorney at the Institute for Justice.  “The Caswells will keep their motel, and private property rights are preserved.”

The government had sought to take the Motel Caswell from the Caswell family under the theory that the motel allegedly facilitated drug crimes.  But the court found that Mr. Caswell “did not know the guests involved in the drug crimes, did not know of their anticipated criminal behavior at the time they registered as guests, and did not know of the drug crimes while they were occurring.”

This outrageous forfeiture action should never have been filed in the first place,” said Larry Salzman, an IJ attorney.  “What the government did amounted to little more than a grab for what they saw as quick cash under the guise of civil forfeiture.”

Caswell said, “I couldn’t have fought this fight without the help of the Institute for Justice.  It is hard to believe anything like this goes on in our country, but the government goes after people they think can’t afford to fight.  But with IJ’s help, we put up a heck of a fight and have won.  The public needs to stand up against these abuses of power.”

The Problem of civil forfeiture is widespread.  In 1986, the year after the U.S. Department of Justice’s Asset Forfeiture Fund was created—the fund that holds the forfeiture proceeds from properties forfeited under federal law and available to be paid out to law enforcement agencies—it took in just $93.7 million.  Today, it holds more than $1.6 billion.  

An Institute for Justice report, Inequitable Justice:  How Federal “Equitable Sharing” Encourages Local Police and Prosecutors to Evade State Civil Forfeiture Law for Financial Gain, documents how the problem is growing worse.  Between 2000 and 2008, equitable sharing payments from the U.S. Department of Justice to state and local law enforcement doubled from about $200 million to $400 million per year.

Civil forfeiture is a draconian power that is too easily abused,” said Darpana Sheth, an IJ attorney.  “This case epitomizes what an aggressive U.S. attorney wielding these laws can do to a small property owner like Russ Caswell.”
 http://www.ij.org/images/pdf_folder/private_property/forfeiture/inequitable_justice-mass-forfeiture.pdf
 

Wednesday, January 30, 2013

Data mining companies investigated for invasion of privacy.


The U.S. Federal Trade Commission (FTC) has placed a deadline of February 1st for the nine companies - Acxiom, Corelogic, Datalogix, eBureau, ID Analytics, Intelius, Peekyou, Rapleaf and Recorded Future - to answer a series of questions that what data they gather from online activities, how often they gather the data and whether they get permission first and how they resell it ie with any kind of identifying data.

While the names of the companies may sound obscure, these companies silently lurk inside popular websites and games like Facebook and Farmville. Take RapLeaf – based in San Francisco, California – that has over a billion names and associated data harvested from unsuspecting visitors to websites like About.com which it sells to political campaigns. A recent Wall Street Journal article described how the company provided data to a Republican campaign for a Senate campaign in New Hampshire.

Acxiom of Conway, Arkansas, claims to have data on 500 million active consumers around the world, with about 1,500 data “points” per person derived from over 50 trillion data “transactions” a year. “Do you really know your customers?” an Acxiom sales pitch asks. “Simply asking for name and address information poses many challenges: transcription errors, increased checkout time and, worse yet, losing customers who feel that you’re invading their privacy.”

The company – which was ranked as the top advertising agency in the United States by Advertising Age magazine – has managed databases for 47 out of the Fortune 100 companies. One of the products it offers is a “race model” that a report in the New York Times noted “provides information on the major racial categories: Caucasians, Hispanics, African-Americans, or Asians.”

Recorded Future of Cambridge, MA, – which has the dubious distinction of being funded by both the Central Intelligence Agency and Google – mines articles, blogs and Twitter for information that it analyzes. “Our customers are some of the largest corporations in the world that are interested in world events, hedge funds who do political risk-trading and even government agencies,” founder Christopher Ahlberg told the Financial Times.

In 2011, Jon Leibowitz, the chairman of the FTC, coined the word “cyberazzi” to describe these data companies. Last year his agency issued a report titled “Protecting Consumer Privacy in an Era of Rapid Change” which set out a series of recommendations including recommending “targeted legislation to provide greater transparency for, and control over, the practices of information brokers.”

While one arm of the U.S. government is concerned about protecting the privacy of consumer, at least two other government agencies are looking to hire such companies to help them spy on citizens.

Last January the Federal Bureau of Investigation posted a request for an application that would allow it to “provide an automated search and scrape capability of social networks including Facebook and Twitter … and (i)mmediately translate foreign language tweets into English.”

And about ten days ago the Transportation Security Administration asked data broker companies to propose applications “to generate an assessment of the risk to the aviation transportation system that may be posed by a specific individual” using “specific sources of current, accurate, and complete non-governmental data.” The initial plan is to use it to screen volunteer flyers who will be offered the benefits of “expedited screening lanes … leave on their shoes, light outerwear and belts, as well as leave laptops and … compliant liquids in carry-on bags.”

The biggest problem with mining online social media is the likelihood that it could make major mistakes, Jennifer Granick, director of civil liberties for Stanford University’s Center for Internet and Society, told the NextGov website. “You can have 15 percent accuracy for advertising” she said. “But if you are getting 85 percent of it wrong when you are denying people government benefits or sending out police to interview them, that would be completely wasteful and dangerous.”
http://www.corpwatch.org/article.php?id=15809

Protecting consumer privacy in an era of rapid change:
 
The FTC called on the data broker industry to improve the transparency of its practices as part of a Commission report:

http://ftc.gov/os/2012/03/120326privacyreport.pdf

Disney tells Congressman Markey the public shouldn't be worried about how they collect & store kid's information.


Bob Iger today told Massachusetts congressman Edward Markey that his privacy issue concerns about new technology being introduced at Disney theme parks are bunk. “We are offended by the ludicrous and utterly ill-informed assertion in your letter dated January 24, 2013, that we would in any way haphazardly or recklessly introduce a program that manipulates children, or wantonly puts their safety at risk,” the Disney chairman and CEO wrote in a letter (read it in full below) Monday to Ed Markey.

The program to which Iger is referring is the company’s MyMagic+MagicBands digital venture set to launch this spring at Disney World. As Iger outlined last week during a Q&A with Brian Grazer, the initiative enables theme park visitors to upload their personal information into digitally enhanced wristbands so they can reserve time on rides and in restaurants as well as upload birthday information. From Disney’s point of view, the MagicBand tracks guest interaction and purchasing behavior while in the parks.

Iger’s letter today comes in response to a letter that Markey, co-chairman of the Congressional Bi-partisan Privacy Caucus, sent to Disney raising concerns about the new technology. “Collecting information about how guests use Disney amusement parks could improve the company’s ability to target advertisements at its guests, including children. Although kids should have the chance to meet Mickey Mouse, this memorable meeting should not be manipulated through surreptitious use of a child’s personal information,” wrote the House Democrat.

Here’s Iger’s full response today:
January 28, 2013
The Honorable Edward Markey
2108 Rayburn House Office Building Washington, DC 20515
Congressman Markey:
For 90 years, Disney has been synonymous with high-quality entertainment for families and children of all ages. We use creativity, innovation and technology to create memorable moments and experiences for our hundreds of millions of customers and guests. And, as you well know, Disney’s record and commitment to children’s safety and security and the protection of their privacy is exemplary. People around the world trust Disney and its products. That trust is the cornerstone of our company, and we take it very seriously.
We are offended by the ludicrous and utterly ill-informed assertion in your letter dated January 24, 2013, that we would in any way haphazardly or recklessly introduce a program that manipulates children, or wantonly puts their safety at risk.
It is truly unfortunate and extremely disappointing that you chose to publicly attack us before taking the time to review our policies and/or contact us for information, which would have obviated the need for your letter. Had you or your staff made the slightest effort, you would have found most of the answers to your questions already existed and were publicly available online at http://corporate.disney.go.com/corporate/pp.html and https://disneyworld.disney.go.com/faq/my-disney-experience/privacy-policy/.
In the enclosed attachment, we address the questions in your letter about our new, yet-to-be­ launched program, MyMagic+. However, to ensure that you fully understand our practices as they pertain to children, and our commitment to our guests’ privacy, let me be clear and reiterate the basic facts.
MyMagic+ is a completely optional program that was designed with privacy controls from the outset. Disney does not use personal information to market to children under age 13, does not personalize or target advertisements to an individual child, and never shares children’s personal information with any third party for their marketing purposes. Additionally, parents have full control over their child’s participation in MyMagic+. We have transparent privacy practices, guests can control and limit the amount of information they provide to us — and how their information is used.
Sincerely,
Robert A Iger
http://www.deadline.com/2013/01/disney-bob-iger-magicband-congressman-ed-markey-magicband-privacy/

License plate readers to spread to nearly every police dept. will Americans have any privacy?


A recent survey (.pdf) by the Police Executive Research Forum(PERF) reveals that license plate readers will soon be a pervasive monitoring technology among law enforcement agencies, according to a blog post from the American Civil Liberties Union. Seventy-one percent of responding agencies already have LPRs and 85 percent plan to acquire or increase their use of LPRs during the next five years.

The benefits of LPR technology are undeniable, says the ACLU, quoting a police officer in the PERF survey who said that when LPRs were used police were able to get over eight times as many checks, more than four times as many hits, and about twice as many arrests and vehicle recoveries as when they were not using the LPR devices. Clearly, the privacy rights group concludes, the technology is here to stay.

"There doesn't seem to be much hope that we could roll back the expansion of the technology itself," wrote Kade Crockford, director of the ACLU of Massachusetts Technology for Liberty Project, in the blog. "But thankfully we can take simple steps to limit the privacy harms."

 The PERF survey shows that the ACLU was right to act early.

Writing in “How Are Innovations in Technology Transforming Policing,” a report partially underwritten by a foundation connected to the LPR manufacturer Motorola, PERF’s executive director Chuck Wesler demonstrates that police departments nationwide are eagerly acquiring the tools. Using statistics from a PERF survey distributed to hundreds of police departments in 2011, he writes:
71 percent of responding agencies already have LPRs. But typically, an agency has only a few vehicles equipped with the devices, and they are used for certain limited purposes, such as finding stolen cars or vehicles that have multiple parking violations and can be booted or towed. But our survey found that almost every police agency expects to acquire or increase their use of LPRs in coming years, and that five years from now, on average they expect to have 25 percent of their cars equipped with LPRs.
According to PERF’s survey results, most of the queried agencies without license plate reader systems plan to get them, and those that already use them plan to expand their programs:
A large majority of agencies (85 percent) plan to acquire or increase their use of LPRs during the next five years. On average, responding agencies expect that 25 percent of their vehicles will have LPRs on board in five years.
The price of license plate reader systems is likely to fall precipitously as the technology becomes an increasingly common law enforcement fixture. It’s already fallen substantially over the past few years, after a boom in sales prompted by federal funding for the technologies to state and local police departments nationwide. Whereas years ago the tools cost upwards of $30k per system, some companies are now selling them for as little as $8k a piece.

For privacy advocates, there doesn’t seem to be much hope that we could roll back the expansion of the technology itself. But thankfully we can take simple steps to limit the privacy harms.

The most central functions license plate readers perform don’t require that agencies store captured plate information on everyone for long periods of time, enabling mass, retroactive, warrantless surveillance. In fact, police don’t need to retain any captured plate data at all in order to catch people driving stolen cars or with outstanding warrants.

A police officer from Mesa is quoted in the PERF report describing how successful the technology has been for the agency:
when LPRs were used, police were able to get over eight times as many checks, over four times as many hits, and about twice as many arrests and vehicle recoveries as when they were not using the LPR devices.
Those are pretty impressive stats, and those successes don’t require any data retention whatsoever -- making it clear that police can use the technology to great effect without needlessly violating our privacy.

PERF’s discussion on license plate readers also sheds light on a troubling facet of the post-9/11 federal funding of path-breaking law enforcement tools: policymaking-by-procurement. When local police want to get money from the feds to buy fancy new tools, they should approach the public—the people they protect and serve—before pursuing acquisitions, especially when those tools have implications for privacy. It isn’t appropriate for departments to move forward with such technologies without any public debate. Revealingly, the officer from Mesa quoted above told PERF:
In some communities there is a strong negative public reaction to the use of surveillance technologies. While we were doing [the license plate reader] study in Mesa, there was controversy throughout Arizona over the use of speed enforcement cameras on major roadways. The LPR program didn’t receive that sort of public reaction, probably because it was a much smaller program and not as many people knew about it.
That isn’t right. The police shouldn’t be able to slip things like the introduction of powerful new surveillance technologies under our noses.
http://www.fiercegovernmentit.com/story/license-plate-readers-quietly-become-prevalent-law-enforcement-technology/2013-01-17
http://www.aclu.org/blog/technology-and-liberty/report-85-percent-law-enforcement-agencies-will-have-license-plate 

 Automated license plate recognition (ALPR) systems: Policy and operational guidance for law enforcement.

http://www.theiacp.org/portals/0/pdfs/IACP_ALPR_Policy_Operational_Guidance.pdf

NYPD attempts to dismiss discriminatory spying case targeting Muslims.


The Plaintiffs in Hassan, et al. v. City of New York, the federal lawsuit challenging the New York City Police Department’s discriminatory spying program targeting American Muslims, responded to the City’s motion to dismiss the case. Hassan is the first direct legal challenge brought by a broad group of American Muslims from a variety of ethnic and racial backgrounds who have been victims of discriminatory police surveillance by the NYPD. Their claims are primarily based on their right to equal protection under the law and the First Amendment’s guarantee of freedom to worship. The plaintiffs’ response argues that the court should reject the City’s assertion that the events of 9/11 justify broad surveillance of any and all New Jersey Muslims, without any indication of wrongdoing. The court’s ruling on the motion will decide whether the case can go forward.

“The NYPD has targeted innocent Americans because of their faith, including American Muslims living, working and studying in New Jersey,” said Glenn Katon, co-counsel for plaintiffs and legal director of Muslim Advocates. “This lawsuit is critical to stopping the discriminatory policies employed by the NYPD, and we are confident that our claims are more than strong enough to proceed past the City’s preliminary motion.”

The NYPD has conducted surveillance in New Jersey of at least 20 mosques, 14 restaurants, 11 retail stores, two grade schools and two Muslim Student Associations, in addition to the individuals who own, operate, and visit those establishments.

Said Center for Constitutional Rights Legal Director Baher Azmy, co-counsel in the case, “This NYPD surveillance program singles out Muslims for surveillance without any evidence of wrongdoing. The only thing our clients have in common is their religion, and one of this country’s founding principles is to protect people from being targeted for their religion.”

The Center for Constitutional Rights (CCR) recently joined the lawsuit as co-counsel with Muslim Advocates. CCR is also currently challenging the NYPD's controversial stop and frisk program in the class action lawsuit, Floyd v. City of New York, which goes to trial in March. Ravinder S. Bhalla of the Bhalla Law Firm serves as local counsel.
http://ccrjustice.org/newsroom/press-releases/new-jersey-muslims-respond-nypd%E2%80%99s-attempt-dismiss-discriminatory-spying-case

Tuesday, January 29, 2013

Police are using StingRay to spy on citizens, it was intended to be used for fighting terrorism.


Los Angeles, CA - A secretive cellphone spy device known as StingRay, intended to fight terrorism, was used in far more routine LAPD criminal investigations 21 times in a four-month period during 2012, apparently without the courts' knowledge that the technology probes the lives of non-suspects who happen to be in the same neighborhood as suspected terrorists.

According to records released to the First Amendment Coalition under the California Public Records Act, StingRay, which allows police to track mobile phones in real time, was tapped for more than 13 percent of the 155 "cellular phone investigation cases" that Los Angeles police conducted between June and September last year.

As L.A. Weekly first reported in September, LAPD purchased StingRay technology sometime around 2006 with federal Department of Homeland Security funds. The original DHS grant documents said it was intended for "regional terrorism investigations."

But the newly released LAPD records show something markedly different: StingRays are being deployed for burglary, drug and murder investigations.

Yet LAPD still refuses to answer questions about the spy technology or the legal interpretation that Chief Charlie Beck's office thinks give his department such powers.


Peter Scheer, executive director of the First Amendment Coalition, says the documents released by LAPD acknowledge "that they do have this technology, and that they're using it. ... But the documents are ambiguous about whether or not the procedure requires a warrant or other judicial permission ... "

The portable StingRay device impersonates a cellphone tower, electronically fooling all nearby mobile phones — not just the suspect's phone — to send their signals into an LAPD computer. That signal reveals to police the location of phones in real time.

But the technology sucks up the data of every cellphone in the area, and these innocent phone owners never know police are grabbing their information.

Security researcher Chris Soghoian last year warned that StingRays can jeopardize privacy: "If the government shows up in your neighborhood, essentially every phone in the neighborhood is going to check in with the government. ... It's almost like Marco Polo — the government tower says 'Marco,' and every cellphone in the area says 'Polo.' "

The records suggest that LAPD doesn't explicitly describe StingRay but instead seeks a judge's permission to use a "pen register/trap and trace" — which is technology from landline days that functions like a caller ID, can't zero in on a person's real-time location like StingRay, and doesn't grab dozens or hundreds of innocent phone users in its web.

Equating StingRay with a "pen register/trap and trace," Lye says, is like applying for a search warrant for someone's home and then searching the entire apartment complex. "The government has the duty of candor when it goes to the court," she says. "If in fact they got court orders 21 times, and these were the court orders they sought, they were in no way disclosing the technology they were using — and that is very troubling."

Scheer says the First Amendment Coalition is preparing requests for more information in hopes of clearing up what LAPD is telling judges — and how often L.A. cops use the spy device without bothering to get a judge's approval.

http://www.laweekly.com/2013-01-24/news/stingray-LAPD-spying-21-terrorism-tool-against-citizens/

1.8 GIGAPIXEL ARGUS-IS. World's highest resolution video surveillance platform by DARPA


(Video) MIT TechTV: The govt. is profiling you.

While spreading an atmosphere of fear after 9/11, our government has violated our laws, prevented the Congress and courts from doing their Constitutional duty, created a surveillance state and concentrated power in the executive, all in the name of keeping us safe. In an effort to reverse these ongoing unconstitutional activities, William Binney revealed the National Security Agency's massive domestic spying program, Stellar Wind, which intercepts domestic communications without protections for US citizens. Binney disclosed that NSA sought and received access to telecommunications companies' domestic and international billing records.

He told the public that, since 9/11, the agency has intercepted between 15 and 20 trillion communications. Binney also revealed that the NSA concealed Stellar Wind under the patriotic-sounding "Terrorist Surveillance Program," in order to give cover to the warrantless surveillance program's violations of Americans' constitutional rights.

Video link below:

Police chief: All guns will be banned within a generation.


CA- San Diego Police Chief, William Lansdowne said in an interview that the implementation of new gun laws will take guns off the streets of America within a generation.

According to San Diego 6, Lansdowne said that it may take a generation but guns will eventually be taken off the streets through new laws like Senator Dianne Feinstein's proposed assault weapons ban:

"Chief Lansdowne, who plays an active role in the western region of the International Association of Chiefs of Police (IACP) association, said it may take a generation but guns will eventually be taken off the streets through new laws like Senator Diane Feinstein's proposed assault weapons ban legislation. Some of the items his organization is addressing include; a ban on assault weapons, restricting high-capacity magazines, closing loopholes that allow firearm sales between private owners without background checks, and implementing much stricter background checks by using a comprehensive database."

Lansdowne called for tougher gun laws in an interview with KPBS, and praised President Obama for his initiative on gun control.

"I could not be more supportive of the president for taking the position he has," he said.

"I think it's courageous with the politics involved in this process.  But I think it's going to eventually make the country safer and certainly safer for my officers that have to respond to these calls."

Lansdowne believes that the shooting in Newtown, Connecticut weakened the gun lobby's power and has opened the door for new gun control legislation.

"We broke the NRA," Lansdowne said off-camera.

Lansdowne's position on gun control appears to be in the minority among sheriffs across the nation, however.

As CNSNews.com previously reported, sheriffs from Florida to California have stated publicly that they will not comply with any new gun control measures proposed by the federal government.
http://cnsnews.com/blog/gregory-gwyn-williams-jr/police-chief-within-generation-guns-will-be-taken-streets 

Second Amendment hypocrites: Senators Schumer and Feinstein have concealed gun permits.

A recent poll conducted by the National Association of Chiefs of Police indicated that almost 64 percent of police commanders and sheriffs favor a law allowing private citizens to carry concealed firearms for protection. Almost 73 percent said that citizens should not be restricted from purchasing more than one weapon, and 96 percent say they believe criminals obtain firearms from illegal sources.

Unfortunately most states - especially those called Blue States due to their Liberal-leanings - continue to prohibit private citizens from carrying concealed handguns.

At the same time, there are outspoken opponents of gun ownership, such as Senators Chuck Schumer (D-NY) and Diane Feinstein (D-CA), who are carrying concealed weapons, according to WABC Radio's Mark Levin. Levin, a recognized constitutional expert, heads the Landmark Legal Foundation. The LLF's goal is to protect American's from unreasonable and illegal government intrusions and violations of the US Constitution, including the Second Amendment.

The mainstream news media have been aware that several antigun proponents are carrying concealed firearms but have failed to expose this hypocrisy. This writer's efforts to discover how many other anti-gunners are also packing heat - a right they wish to deny other citizens - met with limited results.

Not only does Schumer carry a handgun, the New York City Police Department also provides armed escorts for the good senator. In fact, the Government Accounting Office -- the investigative arm of the US Congress -- slammed Schumer's use of police resources for personal protection. It's clear that Schumer believes he's special. He wishes to ban private citizens' ownership of firearms, while he enjoys layers of protection.

"No wonder Chuckie Schumer shoots his mouth off so much - he's able to protect himself," says a 25-year police veteran.

Also, a check of Pistol License records shows that Senator Schumer possesses an "unrestricted" pistol permit, a rarity in New York City. Licenses are distributed in different categories in the Big Apple: Target Permits allow only use of a firearm at a licensed firing range; Premises Permits allow weapons to be kept in a home or apartment; Restricted Permits allow the gunowner to carry their firearms concealed but only within the purview of their job (security, jewelers, armored car guards, etc.). So it's evident that Senator Schumer has two sets of rules -- one for Americans and one for himself.

And then we have Senator Diane Feinstein on the Left Coast who possesses something more rare than a conservative Republican in San Francisco - an unrestricted concealed weapons permit. Apparently without shame, she participated in a citywide gun turn-in program that was intended to create some kind of statue from the donated guns that were to be melted down. One of her police body guards let it slip that she contributed a cheap model for the meltdown, while retaining her .357 magnum revolver for her own personal self-defense.


Hypocrisy is not limited to politicians when it comes to the Second Amendment. For Example, well-known Washington-based columnist, Carl Rowan, often wrote about the ills of firearms ownership. Until, that is, he shot and wounded a teenager who trespassed on his property. The white teenaged boy claimed he wanted to try Rowan's swimming pool. Rowan, an African-American, retaliated with deadly force using a firearm. That's when the news came out that Carl Rowan, gun-control advocate, actually possessed a license to own firearms.

Another example is the loudmouth entertainer, Rosie O'Donnell, who once ran roughshod over conservative actor Tom Selleck because of his stance supporting the Second Amendment. Although Ms. O'Donnell doesn't carry a gun, she has three armed bodyguards who protect her, her wife and her children, something the vast majority of hardworking Americans could never afford. Isn't it comforting to know all these Liberals are looking out for us?
http://www.federalobserver.com/archive.php?aid=10104

Why does DHS need 7,000 personal defense(assault) weapons?


The Department of Homeland Security is seeking to acquire 7,000 5.56x45mm NATO “personal defense weapons” (PDW) — also known as “assault weapons” when owned by civilians. The solicitation, originally posted on June 7, 2012, comes to light as the Obama administration is calling for a ban on semi-automatic rifles and high capacity magazines.

Citing a General Service Administration (GSA) request for proposal (RFP), Steve McGough of RadioViceOnline.com reports that DHS is asking for the 7,000 “select-fire” firearms because they are “suitable for personal defense use in close quarters.” The term select-fire means the weapon can be both semi-automatic and automatic. Civilians are prohibited from obtaining these kinds of weapons.

The RFP describes the firearm as “Personal Defense Weapon (PDW) – 5.56x45mm NATO, select-fire firearm suitable for personal defense use in close quarters and/or when maximum concealment is required.” Additionally, DHS is asking for 30 round magazines that “have a capacity to hold thirty (30) 5.56x45mm NATO rounds.”

Republican New York state Sen. Greg Ball also issued a press release this week bringing attention to the weapons purchase request.

Calls made to DHS seeking information regarding whether or not the RFP was accepted and fulfilled were not immediately returned on Saturday.

Sen. Diane Feinstein (D-Calif.) on Thursday introduced legislation that would enact a so-called “assault weapons” ban. The bill would ban more than 150 firearms and limit magazines to 10 rounds. There is no expiration date on Feinstein’s bill.
http://www.theblaze.com/stories/2013/01/26/if-assault-weapons-are-bad-why-does-the-dhs-want-to-buy-7000-of-them-for-personal-defense/

Journalist harrased by Bloombergs guards(cops) because he questioned his armed security.



In an explosive exchange outside the U.S. Conference of Mayors meeting in Washington, D.C., security guards for billionaire New York City Mayor Michael Bloomberg accosted senior Talk Radio Network investigative reporter Jason Mattera when he asked the mayor about his strong support for gun control.

In the video, Bloomberg is seen surrounded by security. Mattera approaches Bloomberg and asks, “In the spirit of gun control, will you disarm your entire security team?”

Bloomberg’s reply:  “Uh, you, we’ll get right back to you.”

“Why can you defend yourself but not the majority of Americans?” Mattera asks as the mayor walks away. “Look at the team of security you’ve got.  And you’re an advocate for gun control?”

The video then cuts to Mattera walking further down the street when one of the men guarding Bloomberg, identified as Officer Stockton NYPD, stops Mattera and asks to see his photo ID.

Mattera complies before asking, “Is this standard procedure for the press?  Wait, wait, wait, it’s standard procedure to be questioning members of the press?

The officer reaches inside his jacket and grabs a pen, as if to write down the journalist’s name.

“You’re going to write it down now?” asks Mattera.  “Oh, no, sorry,” says Officer Stockton.

The video then cuts to a scene further down the street where Officer Stockton, trailing Mattera once again, can be heard saying, “Mr. Mattera, sir?  Do you have a date of birth?”

“It’s none of your business what my date of birth is,” Mattera replies.

Mattera’s Jan. 18th on-the-street interview, done in conjunction with Talk Radio Network’s “The Andrea Tantaros Show,” is not the first time Mattera has received brusque treatment for asking liberal politicians tough questions.

The two-time New York Times bestselling author’s past on-the-street interviews have created viral video Internet sensations.  In 2011, Vice President Joe Biden warned Mattera “Let’s get it straight, guy--don’t screw around with me” when he confronted Biden about his use of a rape reference when discussing Republican opposition to President Barack Obama’s “jobs” bill.
 http://www.breitbart.com/Big-Journalism/2013/01/28/EXCLUSIVE-Journalist-Accosted-By-Security-Over-Mayor-Bloomberg-Gun-Control-Question

In anti-gun DC, Media Matters for America gave bodyguard illegal weapons to guard founder David Brock.

A staffer at left-wing Media Matters for America committed numerous felonies in the District of Columbia and around the country by carrying a firearm to defend the organization’s founder, David Brock, The Daily Caller has learned.

According to a knowledgeable source, multiple firearms used to protect the Media Matters founder were purchased with Brock’s blessing — and apparently with the group’s money.

TheDC has previously reported that Brock’s one-time aide, Haydn Price-Morris, carried a concealed Glock handgun as he traveled with the liberal leader to public events in Washington, D.C.

TheDC has learned that by that time, Brock had armed his assistant — who had no permit to carry a concealed firearm — with a Glock handgun.

According to an internal email exchange obtained by TheDC, the gun was purchased with cash in Maryland, likely to diminish the chances such a purchase would appear on the tax-exempt group’s books.

Between Price-Morris’ early 2009 arrival and late 2010 departure from Media Matters, he also acquired a shotgun for Brock’s protection.

Price-Morris was regularly armed when accompanying Brock on trips around the country, according to a source, and his firearm possession in Washington, D.C. constituted multiple felonies.

On at least one occasion, Brock — accompanied by his armed aide — visited California to attend a “Democracy Alliance” summit of major Democratic donors and lawmakers.

That gathering included such major figures in Democratic politics as billionaires George Soros, Peter Lewis and Bill Benter, former Service Employees International Union Secretary-Treasurer Anna Burger, and the politician behind the federal government’s 1994 “Assault Weapons Ban,” California Democratic Sen. Dianne Feinstein.
http://dailycaller.com/2013/01/27/illegal-guns-david-brock-media-matters/

Mom and private investigator insist her son is innocent of murder charges.

New Hampshire - Jesse Brooks, part of a father-son team convicted in connection with the murder of a Derry trash hauler, plans to request a new trial, claiming he has an alibi for the time when the murder plan was hatched and that jailhouse telephone conversations will exonerate him, according to a paid investigator.

"If there is a judge in New Hampshire who will give us a fair hearing to lay out the facts and let us call witnesses, Jesse Brooks is walking out of the penitentiary with an apology," Chicago investigator Paul Ciolino told the New Hampshire Union Leader Thursday.

Ciolino, who has spent decades pursuing wrongful conviction investigations and is a frequent television contributor, and Jesse Brooks' mother, Lorraine, plan to appear at a news conference at a Manchester hotel Monday to discuss the case.

A team of hired investigators displayed copies of receipts backing up those claims and said Brooks’ former defense lawyers erred in ignoring what they called a ‘‘rock-solid’’ alibi at his trial. They also suggested police and prosecutors failed to do basic investigating that would have revealed the truth and instead relied on testimony from other players in the crime who had reason to falsely implicate Brooks.

‘‘They may as well have hired Lance Armstrong as their speaker, because it was lie after lie on top of lie,’’ said investigator Paul Ciolino. ‘‘This case is not about conspiracy to commit murder. Jesse Brooks is in jail because his name is Brooks, that’s it.’’

Jesse Brooks, formerly of Londonderry, was convicted in 2009 of helping recruit men to lure Jack Reid, 57, to a Deerfield horse barn, where he was beaten to death in 2005. Brooks is serving a 15- to 30-year prison term.

Brooks' father, John "Jay" Brooks, was convicted of capital murder and is serving life in prison without the chance of parole for his role in murdering Reid, whom he wrongly believed stole two of his moving trucks. The elder Brooks is a Derry native whose medical supply company made him a multi-millionaire; he was well-known in Republican Party circles during the 1990s.

Ciolino said Jesse Brooks was in a Clark County courthouse in Las Vegas on a gun charge at the time that Joseph Vrooman testified the murder plan was hatched with Jesse and John Brooks at the Brooks' home, about a dozen miles from the courthouse.

"The biggest development (in Jesse Brooks' defense) is the destroying of this so-called meeting that never happened," said Ciolino.

He said he has the docket sheet from the courthouse that states that Jesse Brooks was present. He said that the younger Brooks later went to a doctor's office and then to a Walgreens drug store to pick up a prescription.

"The whole case was based on lies," he said.
http://www.necn.com/01/28/13/Lorraine-Brooks-Son-Jesse-suffered-misca/landing.html?blockID=827523&feedID=11106
www.unionleader.com/article/20130125/NEWS03/130129421/0/SEARCH
http://www.boston.com/news/local/new-hampshire/2013/01/28/mom-insists-son-innocent-murder-conspiracy/4z1mL3tB2e1MyM9D8P3SvL/story.html

Monday, January 28, 2013

Some schools are requiring background checks for all visitors.


Visitors to schools in a suburban Chicago, Ill., district are now required to undergo a background check as part of added security measures in the weeks following last month's shooting at Sandy Hook Elementary School in Connecticut.

Frankfort School District 157-C has installed a $2,000 system that uses a visitor's state-issued ID or driver's license to conduct an instant criminal background check through a national database, WLS reports. Those who clear the check will receive a visitor's badge with photo -- those who don't will be alerted to school officials.

"What we're trying to do is ensure that anybody that comes into the building first has a purpose for being in the building, and then once they're in the building we'll do a check to confirm that they're safe to enter and be with children," Superintendent Thomas Hurlburt told WLS.

Previously, visitors relinquished their IDs while signing in at the front office and retrieved their IDs upon departure, according to The SouthtownStar. The school also locks its external doors during the school day and requires visitors to be buzzed in to the building.

Illinois' Lincoln-Way High School District 210 has also added a background check procedure for visitors, in addition to a security management system that features 911 panic buttons.

Lawmakers across the country are introducing legislation ranging from stricter gun laws to adding armed guards and even arming teachers to protect schools.

As part of a series of far-reaching gun control proposals, President Barack Obama recommended Wednesday a federal $150 million "Comprehensive School Safety Program" that would help school districts hire school guards, counselors and other staff.
http://www.huffingtonpost.com/2013/01/25/schools-background-check-_n_2552175.html
http://www.mlive.com/news/flint/index.ssf/2008/09/two_flintarea_charter_schools.html

Visitors at Haverhill school to get background check.

MA - You may expect to undergo a background check when applying for a job or an apartment, but soon, a local high school will be running checks on every non-student who pays a visit.

It's part of a new plan for school security. In Haverhill, they're expanding the use of background checks in the district. It's one of many changes to keep students safe as they return to class.


Haverhill High School is stepping up security this year when it comes to visitors.

“Across schools nationwide, particularly here in our urban centers, there are always problems with people coming into our schools that shouldn’t be there. We have people that are convicted felons. We have people that are on an offender list,” said Jim Scully, the Superintendent of Public Schools in Haverhill.

Any person who enters the school will have their background checked electronically by swiping their driver’s license.

“We get a warning indicator that that person isn’t welcome in the schools. So what it does, it provides a safer atmosphere,” said Supt. Scully.

Another school in Haverhill, the Whittier Regional Vocational Technical High School, has been using this technology called LobbyGuard for the past two years.

“We have probably, over the last couple of years, had five or six people identified as not having access to the building,” said Bill DeRosa, the superintendent at Whittier Tech.

DeRosa explained the process to 7NEWS.

First, the visitor’s license gets scanned. Then, the person’s name and birth date are verified.
http://www1.whdh.com/news/articles/local/north/12002160246391/visitors-at-haverhill-school-to-get-background-check/

Why is the NYPD allowed to violate our Constitution?


NY- The federal courts are bearing down on the New York City Police Department’s constitutionally suspect stop-and-frisk program, under which hundreds of thousands of citizens are stopped on the streets each year, often illegally and for no discernible reason. Earlier this month, the federal judge who is presiding over three lawsuits that challenge different parts of the program issued her harshest ruling yet, putting the city on notice that some aspects of stop and frisk are clearly unconstitutional.  

The ruling, by Judge Shira Scheindlin of Federal District Court in Manhattan, came in the case of Ligon v. the City of New York. The case was brought on behalf of people who say they were illegally stopped, given tickets or arrested on trespassing charges in private apartment buildings, some of them in buildings where they lived. 

The judge excoriated the city for flagrant indifference to the Fourth Amendment. The amendment has been interpreted by the courts to mean that police officers can legally stop and detain a person only when they have a reasonable suspicion that the person is committing, has committed or is about to commit a crime. 

The department’s patently illegal strategy, the judge said, encouraged officers to “stop and question first, develop reasonable suspicion later.” The ruling focuses on detentions that occurred as people were entering or leaving one of many residential buildings in the Bronx whose managers had simply asked the department to patrol the area and arrest trespassers. 

The Trespass Affidavit Program, or TAP, has thus not only led to unjustified detentions but has also placed untold numbers people at risk of detention merely for entering their own homes or visiting friends and relatives. Their experiences, as described in the ruling, makes perfectly clear why the largely minority citizens targeted and victimized by the program come away feeling angry and ill used. 

Describing the typical, humiliating sequence of events, the judge wrote: “The police suddenly materialize, stop the person, demand identification, and question the person about where he or she is coming from and what he or she is doing.” She added that “attempts at explanation are met with hostility; especially if the person is a young black man, he is frisked, which often involves an invasive search of his pockets; in some cases the officers then detain the person in a police van,” where he or she is grilled about drugs or weapons. In some cases, the stop escalates into an arrest, the judge noted, with the person fingerprinted and held overnight. Even if the charges are quickly dropped, the arrest can follow the person for years. 

The judge tore into the city for persisting in this behavior even after prosecutors and department lawyers had become aware that unlawful stops were occurring. In 2011, for example, the Bronx prosecutor’s office become so concerned about the legality of stops made outside the TAP buildings that it routinely declined to prosecute cases based on them. 

Judge Scheindlin ordered the Police Department to immediately cease trespass stops outside TAP buildings unless officers have the reasonable suspicion required by law, though she has issued a temporary stay. She has also scheduled a remedy hearing in March, at which time she could require the city to take various remedial steps, including a formal written policy explaining the circumstances under which officers can legally stop people on suspicion of trespass. 

There are other procedures that can be followed without threatening law enforcement. Instead of defending the indefensible, the city should finally bring the stop-and-frisk program into line with the law.
http://www.nytimes.com/2013/01/26/opinion/when-police-violate-the-constitution.html?_r=2&

MA legislators and law enforcement officials are calling for an expansion of the state wiretap law.


Massachusetts legislators and law enforcement officials are calling for an expansion of state wiretap law to allow police to secretly record more suspects who are targeted in murder investigations and other violent crimes.

Under terms of a bill pending at the State House, authorities would still need a warrant to wiretap suspects, but the targets would not have to be members of a bona fide organized crime outfit, such as the Mafia, according to a summary of the legislation released on Sunday by the office of state Attorney General Martha Coakley.

Defense lawyers on Sunday said the current proposal could lead to abuses of power by the government.

“Wiretaps should be reserved for highly organized criminal groups that use sophisticated techniques to elude law enforcement,” said J.W. Carney Jr., a Boston attorney representing reputed gangster James “Whitey” Bulger.

“This legislation will allow police to use wiretaps for crimes committed by a single individual,” Carney said. “They will be monitoring private conversations for weeks, and also be intruding on the privacy of the innocent person speaking to the suspect.”

Boston defense lawyer Jeffrey Denner, although stressing that he had not yet read the bill, said he is troubled by any attempt to add categories of suspects who could be subject to a wiretap.

“This is an unbelievably slippery slope, and we’ve been moving in this direction . . . probably for the last decade,” Denner said. “And that causes a lot of us in the defense bar, and should cause a lot of people in the United States of America, great concern.”


The proposal comes after two justices on the state’s highest court urged legislators in April 2011 to change state wiretap law to expand police surveillance powers for investigations.
http://www.boston.com/news/local/massachusetts/2013/01/28/state-attorney-general-lawmakers-seek-changes-wiretap-law/a8T56A8YmPVfhYOHxfsb1O/story.html

Police set up program to pay for free cab rides for drunk police officers.


Fort Worth, TX -They're the ones trying to put an end to drunken driving. But what happens when police officers have one too many and need a ride home?

Houston police are getting on board with a program several North Texas police departments already have. If an officer is drinking and can't drive they can get a cab ride home for free.

"This is not an officer who has to be drunk. It could be an officer who's had one or two drinks who just doesn't feel comfortable driving home. We're not going to ask any questions on their level of intoxication or anything else," said Ray Hunt with the Houston police officers' union.

Dallas police introduced a similar program three years ago.

"We saw some concerns out there and officers having some issues with DWIs and our role is to help officers and that was one of the ways we could work to help officers," said Ron Pinkston with the Dallas Police Association.

If an officer needs a safe ride home, they can call a cab, show the driver a card and the ride is paid.
"Our members have liked it tremendously. It's used a handful of times each month and it's not abused and it's been a great program. It's been very successful," Pinkston said.

Another department that's had it for about three years is Fort Worth.

Unfortunately in that time several officers have been arrested for drinking and driving. Most recently the department's chief of staff and a DWI enforcement officer were arrested and charged with driving while intoxicated.

The program is paid for and only available for members of the police officers' union and only if they sign up for it. But it's anonymous so there's no record of if and when an officer uses it.
http://www.myfoxdfw.com/story/20702001/program-offers-free-cab-ride-for-drunk-officers#ixzz2J0sCF7vX

Man with 4th Amendment written on chest wins trial over TSA airport arrest.


A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.

Aaron Tobey claimed in a civil rights lawsuit (PDF.) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.

“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.

In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:
Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.
Tobey didn’t want to go through the advanced imaging technology X-ray machines, or so-called nude body scanners, that were cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down, and removed most of his clothing in the process.

Among other things, the federal lawsuit claimed wrongful detention and a breach of the First Amendment and Fourth Amendment. Tobey was on his way to Wisconsin for his grandmother’s funeral. Despite his detainment, he made his flight.

According to the suit, while under interrogation, the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”

Two weeks later, Henrico County prosecutors dropped the misdemeanor charge against him, and he sued the Transportation Security Administration and others.

In dissent, Judge J. Harvie Wilkinson wrote:
Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.
http://www.wired.com/threatlevel/2013/01/4th-amendment-chest-trial/

TSA screening management standard operating procedures manual 2008:
http://cryptome.org/2013/01/tsa-screening-mgmt-sop.pdf