Entries Tagged "law enforcement"

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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 AM • View 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 PM • View Comments

Other GCHQ News from Snowden

There are two other Snowden stories this week about GCHQ: one about its hacking practices, and the other about its propaganda and psychology research. The second is particularly disturbing:

While some of the unit’s activities are focused on the claimed areas, JTRIG also appears to be intimately involved in traditional law enforcement areas and U.K.-specific activity, as previously unpublished documents demonstrate. An August 2009 JTRIG memo entitled “Operational Highlights” boasts of “GCHQ’s first serious crime effects operation” against a website that was identifying police informants and members of a witness protection program. Another operation investigated an Internet forum allegedly “used to facilitate and execute online fraud.” The document also describes GCHQ advice provided :to assist the UK negotiating team on climate change.”

Particularly revealing is a fascinating 42-page document from 2011 detailing JTRIG’s activities. It provides the most comprehensive and sweeping insight to date into the scope of this unit’s extreme methods. Entitled “Behavioral Science Support for JTRIG’s Effects and Online HUMINT [Human Intelligence] Operations,” it describes the types of targets on which the unit focuses, the psychological and behavioral research it commissions and exploits, and its future organizational aspirations. It is authored by a psychologist, Mandeep K. Dhami.

Among other things, the document lays out the tactics the agency uses to manipulate public opinion, its scientific and psychological research into how human thinking and behavior can be influenced, and the broad range of targets that are traditionally the province of law enforcement rather than intelligence agencies.

Posted on June 26, 2015 at 12:12 PM • View Comments

Stink Bombs for Riot Control

They’re coming to the US:

It’s called Skunk, a type of “malodorant,” or in plainer language, a foul-smelling liquid. Technically nontoxic but incredibly disgusting, it has been described as a cross between “dead animal and human excrement.” Untreated, the smell lingers for weeks.

The Israeli Defense Forces developed Skunk in 2008 as a crowd-control weapon for use against Palestinians. Now Mistral, a company out of Bethesda, Md., says they are providing it to police departments in the United States.

[…]

The Israelis first used it in 2008 to disperse Palestinians protesting in the West Bank. A BBC video shows its first use in action, sprayed by a hose, a system that has come to be known as the “crap cannon.”

Mistral reps say Skunk, once deployed, can be “neutralized” with a special soap ­ and only with that soap. In another BBC video, an IDF spokesman describes how any attempt to wash it via regular means only exacerbates its effects. Six weeks after IDF forces used it against Palestinians at a security barrier, it still lingered in the air.

Posted on May 26, 2015 at 6:18 AM • View Comments

Electronic Surveillance Failures Leading up to the 2008 Mumbai Terrorist Attacks

Long New York Times article based on “former American and Indian officials and classified documents disclosed by Edward J. Snowden” outlining the intelligence failures leading up to the 2008 Mumbai terrorist attacks:

Although electronic eavesdropping often yields valuable data, even tantalizing clues can be missed if the technology is not closely monitored, the intelligence gleaned from it is not linked with other information, or analysis does not sift incriminating activity from the ocean of digital data.

This seems to be the moral:

Although the United States computer arsenal plays a vital role against targets ranging from North Korea’s suspected assault on Sony to Russian cyberthieves and Chinese military hacking units, counterterrorism requires a complex mix of human and technical resources. Some former counterterrorism officials warn against promoting billion-dollar surveillance programs with the narrow argument that they stop attacks.

That monitoring collects valuable information, but large amounts of it are “never meaningfully reviewed or analyzed,” said Charles (Sam) Faddis, a retired C.I.A. counterterrorism chief. “I cannot remember a single instance in my career when we ever stopped a plot based purely on signals intelligence.”

[…]

Intelligence officials say that terror plots are often discernible only in hindsight, when a pattern suddenly emerges from what had been just bits of information. Whatever the reason, no one fully grasped the developing Mumbai conspiracy.

“They either weren’t looking or didn’t understand what it all meant,” said one former American official who had access to the intelligence and would speak only on the condition of anonymity. “There was a lot more noise than signal. There usually is.”

Posted on February 12, 2015 at 6:57 AM • View Comments

Cell Phone Kill Switches Mandatory in California

California passed a kill-switch law, meaning that all cell phones sold in California must have the capability to be remotely turned off. It was sold as an antitheft measure. If the phone company could remotely render a cell phone inoperative, there would be less incentive to steal one.

I worry more about the side effects: once the feature is in place, it can be used by all sorts of people for all sorts of reasons.

The law raises concerns about how the switch might be used or abused, because it also provides law enforcement with the authority to use the feature to kill phones. And any feature accessible to consumers and law enforcement could be accessible to hackers, who might use it to randomly kill phones for kicks or revenge, or to perpetrators of crimes who might—depending on how the kill switch is implemented—be able to use it to prevent someone from calling for help.

“It’s great for the consumer, but it invites a lot of mischief,” says Hanni Fakhoury, staff attorney for the Electronic Frontier Foundation, which opposes the law. “You can imagine a domestic violence situation or a stalking context where someone kills [a victim’s] phone and prevents them from calling the police or reporting abuse. It will not be a surprise when you see it being used this way.”

I wrote about this in 2008, more generally:

The possibilities are endless, and very dangerous. Making this work involves building a nearly flawless hierarchical system of authority. That’s a difficult security problem even in its simplest form. Distributing that system among a variety of different devices—computers, phones, PDAs, cameras, recorders—with different firmware and manufacturers, is even more difficult. Not to mention delegating different levels of authority to various agencies, enterprises, industries and individuals, and then enforcing the necessary safeguards.

Once we go down this path—giving one device authority over other devices—the security problems start piling up. Who has the authority to limit functionality of my devices, and how do they get that authority? What prevents them from abusing that power? Do I get the ability to override their limitations? In what circumstances, and how? Can they override my override?

The law only affects California, but phone manufacturers won’t sell two different phones. So this means that all cell phones will eventually have this capability. And, of course, the procedural controls and limitations written into the California law don’t apply elsewhere

EDITED TO ADD (9/12): Users can opt out, at least for now: “The bill would authorize an authorized user to affirmatively elect to
disable or opt-out of the technological solution at any time.”

How the bill can be used to disrupt protests.

Posted on August 29, 2014 at 12:31 PM • View Comments

Web Activity Used in Court to Portray State of Mind

I don’t care about the case, but look at this:

“Among the details police have released is that Harris and his wife, Leanna, told them they conducted Internet searches on how hot a car needed to be to kill a child. Stoddard testified Thursday that Ross Harris had visited a Reddit page called “child-free” and read four articles. He also did an Internet search on how to survive in prison, Stoddard said.

“Also, five days before Cooper died, Ross Harris twice viewed a sort of homemade public service announcement in which a veterinarian demonstrates on video the dangers of leaving someone or something inside a hot car.”

Stoddard is a police detective. It seems that they know about his web browsing because they seized and searched his computer:

…investigators confiscated Harris’ work computer at Home Depot following his arrest and discovered an Internet search about how long it would take for an animal to die in a hot car.

Stoddard also testified that Harris was “sexting”—is this a word we use in court now?—with several women on the day of his son’s death, and sent explicit pictures to one of them. I assume he knows that by looking at Harris’s message history.

A bunch of this would not be admissible in trial, but this was a probable-cause hearing, and the rules are different for those. CNN writes: “a prosecutor insisted that the testimony helped portray the defendant’s state of mind and spoke to the negligence angle and helped establish motive.”

This case aside, is there anyone reading this whose e-mails, text messages, and web searches couldn’t be cherry-picked to portray any state of mind a prosecutor might want to portray? (Qu’on me donne six lignes écrites de la main du plus honnête homme, j’y trouverai de quoi le faire pendre.—Cardinal Richelieu.)

Posted on July 4, 2014 at 6:24 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.