Entries Tagged "law enforcement"

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Police Want Genetic Data from Corporate Repositories

Both the FBI and local law enforcement are trying to get the genetic data stored at companies like 23andMe.

No surprise, really.

As NYU law professor Erin Murphy told the New Orleans Advocate regarding the Usry case, gathering DNA information is “a series of totally reasonable steps by law enforcement.” If you’re a cop trying to solve a crime, and you have DNA at your disposal, you’re going to want to use it to further your investigation. But the fact that your signing up for 23andMe or Ancestry.com means that you and all of your current and future family members could become genetic criminal suspects is not something most users probably have in mind when trying to find out where their ancestors came from.

Posted on October 22, 2015 at 6:40 AMView Comments

Living in a Code Yellow World

In the 1980s, handgun expert Jeff Cooper invented something called the Color Code to describe what he called the “combat mind-set.” Here is his summary:

In White you are unprepared and unready to take lethal action. If you are attacked in White you will probably die unless your adversary is totally inept.

In Yellow you bring yourself to the understanding that your life may be in danger and that you may have to do something about it.

In Orange you have determined upon a specific adversary and are prepared to take action which may result in his death, but you are not in a lethal mode.

In Red you are in a lethal mode and will shoot if circumstances warrant.

Cooper talked about remaining in Code Yellow over time, but he didn’t write about its psychological toll. It’s significant. Our brains can’t be on that alert level constantly. We need downtime. We need to relax. This is why we have friends around whom we can let our guard down and homes where we can close our doors to outsiders. We only want to visit Yellowland occasionally.

Since 9/11, the US has increasingly become Yellowland, a place where we assume danger is imminent. It’s damaging to us individually and as a society.

I don’t mean to minimize actual danger. Some people really do live in a Code Yellow world, due to the failures of government in their home countries. Even there, we know how hard it is for them to maintain a constant level of alertness in the face of constant danger. Psychologist Abraham Maslow wrote about this, making safety a basic level in his hierarchy of needs. A lack of safety makes people anxious and tense, and the long term effects are debilitating.

The same effects occur when we believe we’re living in an unsafe situation even if we’re not. The psychological term for this is hypervigilance. Hypervigilance in the face of imagined danger causes stress and anxiety. This, in turn, alters how your hippocampus functions, and causes an excess of cortisol in your body. Now cortisol is great in small and infrequent doses, and helps you run away from tigers. But it destroys your brain and body if you marinate in it for extended periods of time.

Not only does trying to live in Yellowland harm you physically, it changes how you interact with your environment and it impairs your judgment. You forget what’s normal and start seeing the enemy everywhere. Terrorism actually relies on this kind of reaction to succeed.

Here’s an example from The Washington Post last year: “I was taking pictures of my daughters. A stranger thought I was exploiting them.” A father wrote about his run-in with an off-duty DHS agent, who interpreted an innocent family photoshoot as something nefarious and proceeded to harass and lecture the family. That the parents were white and the daughters Asian added a racist element to the encounter.

At the time, people wrote about this as an example of worst-case thinking, saying that as a DHS agent, “he’s paid to suspect the worst at all times and butt in.” While, yes, it was a “disturbing reminder of how the mantra of ‘see something, say something’ has muddied the waters of what constitutes suspicious activity,” I think there’s a deeper story here. The agent is trying to live his life in Yellowland, and it caused him to see predators where there weren’t any.

I call these “movie-plot threats,” scenarios that would make great action movies but that are implausible in real life. Yellowland is filled with them.

Last December former DHS director Tom Ridge wrote about the security risks of building a NFL stadium near the Los Angeles Airport. His report is full of movie-plot threats, including terrorists shooting down a plane and crashing it into a stadium. His conclusion, that it is simply too dangerous to build a sports stadium within a few miles of the airport, is absurd. He’s been living too long in Yellowland.

That our brains aren’t built to live in Yellowland makes sense, because actual attacks are rare. The person walking towards you on the street isn’t an attacker. The person doing something unexpected over there isn’t a terrorist. Crashing an airplane into a sports stadium is more suitable to a Die Hard movie than real life. And the white man taking pictures of two Asian teenagers on a ferry isn’t a sex slaver. (I mean, really?)

Most of us, that DHS agent included, are complete amateurs at knowing the difference between something benign and something that’s actually dangerous. Combine this with the rarity of attacks, and you end up with an overwhelming number of false alarms. This is the ultimate problem with programs like “see something, say something.” They waste an enormous amount of time and money.

Those of us fortunate enough to live in a Code White society are much better served acting like we do. This is something we need to learn at all levels, from our personal interactions to our national policy. Since the terrorist attacks of 9/11, many of our counterterrorism policies have helped convince people they’re not safe, and that they need to be in a constant state of readiness. We need our leaders to lead us out of Yellowland, not to perpetuate it.

This essay previously appeared on Fusion.net.

EDITED TO ADD (9/25): UK student reading book on terrorism is accused of being a terrorist. He was reading the book for a class he was taking. I’ll let you guess his ethnicity.

Posted on September 24, 2015 at 11:39 AMView Comments

Drone Self-Defense and the Law

Last month, a Kentucky man shot down a drone that was hovering near his backyard.

WDRB News reported that the camera drone’s owners soon showed up at the home of the shooter, William H. Merideth: “Four guys came over to confront me about it, and I happened to be armed, so that changed their minds,” Merideth said. “They asked me, ‘Are you the S-O-B that shot my drone?’ and I said, ‘Yes I am,'” he said. “I had my 40 mm Glock on me and they started toward me and I told them, ‘If you cross my sidewalk, there’s gonna be another shooting.'” Police charged Meredith with criminal mischief and wanton endangerment.

This is a trend. People have shot down drones in southern New Jersey and rural California as well. It’s illegal, and they get arrested for it.

Technology changes everything. Specifically, it upends long-standing societal balances around issues like security and privacy. When a capability becomes possible, or cheaper, or more common, the changes can be far-reaching. Rebalancing security and privacy after technology changes capabilities can be very difficult, and take years. And we’re not very good at it.

The security threats from drones are real, and the government is taking them seriously. In January, a man lost control of his drone, which crashed on the White House lawn. In May, another man was arrested for trying to fly his drone over the White House fence, and another last week for flying a drone into the stadium where the U.S. Open was taking place.

Drones have attempted to deliver drugs to prisons in Maryland, Ohio and South Carolina ­so far.

There have been many near-misses between drones and airplanes. Many people have written about the possible terrorist uses of drones.

Defenses are being developed. Both Lockheed Martin and Boeing sell anti-drone laser weapons. One company sells shotgun shells specifically designed to shoot down drones.

Other companies are working on technologies to detect and disable them safely. Some of those technologies were used to provide security at this year’s Boston Marathon.

Law enforcement can deploy these technologies, but under current law it’s illegal to shoot down a drone, even if it’s hovering above your own property. In our society, you’re generally not allowed to take the law into your own hands. You’re expected to call the police and let them deal with it.

There’s an alternate theory, though, from law professor Michael Froomkin. He argues that self-defense should be permissible against drones simply because you don’t know their capabilities. We know, for example, that people have mounted guns on drones, which means they could pose a threat to life. Note that this legal theory has not been tested in court.

Increasingly, government is regulating drones and drone flights both at the state level and by the FAA. There are proposals to require that drones have an identifiable transponder, or no-fly zones programmed into the drone software.

Still, a large number of security issues remain unresolved. How do we feel about drones with long-range listening devices, for example? Or drones hovering outside our property and photographing us through our windows?

What’s going on is that drones have changed how we think about security and privacy within our homes, by removing the protections we used to get from fences and walls. Of course, being spied on and shot at from above is nothing new, but access to those technologies was expensive and largely the purview of governments and some corporations. Drones put these capabilities into the hands of hobbyists, and we don’t know what to do about it.

The issues around drones will get worse as we move from remotely piloted aircraft to true drones: aircraft that operate autonomously from a computer program. For the first time, autonomous robots—­with ever-increasing intelligence and capabilities at an ever-decreasing cost—­will have access to public spaces. This will create serious problems for society, because our legal system is largely based on deterring human miscreants rather than their proxies.

Our desire to shoot down a drone hovering nearby is understandable, given its potential threat. Society’s need for people not to take the law into their own hands­—and especially not to fire guns into the air­—is also understandable. These two positions are increasingly coming into conflict, and will require increasing government regulation to sort out. But more importantly, we need to rethink our assumptions of security and privacy in a world of autonomous drones, long-range cameras, face recognition, and the myriad other technologies that are increasingly in the hands of everyone.

This essay previously appeared on CNN.com.

Posted on September 11, 2015 at 6:45 AMView Comments

Incenting Drug Dealers to Snitch on Each Other

Local police are trying to convince drug dealers to turn each other in by pointing out that it reduces competition.

It’s a comical tactic with serious results: “We offer a free service to help you eliminate your drug competition!” Under a large marijuana leaf, the flier contained a blank form encouraging drug dealers to identify the competition and provide contact information. It also asked respondents to identify the hours the competition was most active.

Posted on August 11, 2015 at 6:41 AMView Comments

Shooting Down Drones

A Kentucky man shot down a drone that was hovering in his backyard:

“It was just right there,” he told Ars. “It was hovering, I would never have shot it if it was flying. When he came down with a video camera right over my back deck, that’s not going to work. I know they’re neat little vehicles, but one of those uses shouldn’t be flying into people’s yards and videotaping.”

Minutes later, a car full of four men that he didn’t recognize rolled up, “looking for a fight.”

“Are you the son of a bitch that shot my drone?” one said, according to Merideth.

His terse reply to the men, while wearing a 10mm Glock holstered on his hip: “If you cross that sidewalk onto my property, there’s going to be another shooting.”

He was arrested, but what’s the law?

In the view of drone lawyer Brendan Schulman and robotics law professor Ryan Calo, home owners can’t just start shooting when they see a drone over their house. The reason is because the law frowns on self-help when a person can just call the police instead. This means that Meredith may not have been defending his house, but instead engaging in criminal acts and property damage for which he could have to pay.

But a different and bolder argument, put forward by law professor Michael Froomkin, could provide Meredith some cover. In a paper, Froomkin argues that it’s reasonable to assume robotic intrusions are not harmless, and that people may have a right to “employ violent self-help.”

Froomkin’s paper is well worth reading:

Abstract: Robots can pose—or can appear to pose—a threat to life, property, and privacy. May a landowner legally shoot down a trespassing drone? Can she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or a peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This paper addresses all those issues and one more: what rules and standards we could put into place to make the resolution of those questions easier and fairer to all concerned.

The default common-law legal rules governing each of these perceived threats are somewhat different, although reasonableness always plays an important role in defining legal rights and options. In certain cases—drone overflights, autonomous cars, national, state, and even local regulation—may trump the common law. Because it is in most cases obvious that humans can use force to protect themselves against actual physical attack, the paper concentrates on the more interesting cases of (1) robot (and especially drone) trespass and (2) responses to perceived threats other than physical attack by robots notably the risk that the robot (or drone) may be spying – perceptions which may not always be justified, but which sometimes may nonetheless be considered reasonable in law.

We argue that the scope of permissible self-help in defending one’s privacy should be quite broad. There is exigency in that resort to legally administered remedies would be impracticable; and worse, the harm caused by a drone that escapes with intrusive recordings can be substantial and hard to remedy after the fact. Further, it is common for new technology to be seen as risky and dangerous, and until proven otherwise drones are no exception. At least initially, violent self-help will seem, and often may be, reasonable even when the privacy threat is not great—or even extant. We therefore suggest measures to reduce uncertainties about robots, ranging from forbidding weaponized robots to requiring lights, and other markings that would announce a robot’s capabilities, and RFID chips and serial numbers that would uniquely identify the robot’s owner.

The paper concludes with a brief examination of what if anything our survey of a person’s right to defend against robots might tell us about the current state of robot rights against people.

Note that there are drones that shoot back.

Here are two books that talk about these topics. And an article from 2012.

EDITED TO ADD (8/9): How to shoot down a drone.

Posted on August 4, 2015 at 8:24 AMView Comments

Fugitive Located by Spotify

The latest in identification by data:

Webber said a tipster had spotted recent activity from Nunn on the Spotify streaming service and alerted law enforcement. He scoured the Internet for other evidence of Nunn and Barr’s movements, eventually filling out 12 search warrants for records at different technology companies. Those searches led him to an IP address that traced Nunn to Cabo San Lucas, Webber said.

Nunn, he said, had been avidly streaming television shows and children’s programs on various online services, giving the sheriff’s department a hint to the couple’s location.

Posted on July 29, 2015 at 1:43 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.