law enforcement Archives - Page 23 of 46

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Page 23 of 46

Fixing Airport Security

It’s been months since the Transportation Security Administration has had a permanent director. If, during the job interview (no, I didn’t get one), President Obama asked me how I’d fix airport security in one sentence, I would reply: “Get rid of the photo ID check, and return passenger screening to pre-9/11 levels.”

Okay, that’s a joke. While showing ID, taking your shoes off and throwing away your water bottles isn’t making us much safer, I don’t expect the Obama administration to roll back those security measures anytime soon. Airport security is more about CYA than anything else: defending against what the terrorists did last time.

But the administration can’t risk appearing as if it facilitated a terrorist attack, no matter how remote the possibility, so those annoyances are probably here to stay.

This would be my real answer: “Establish accountability and transparency for airport screening.” And if I had another sentence: “Airports are one of the places where Americans, and visitors to America, are most likely to interact with a law enforcement officer – and yet no one knows what rights travelers have or how to exercise those rights.”

Obama has repeatedly talked about increasing openness and transparency in government, and it’s time to bring transparency to the Transportation Security Administration (TSA).

Let’s start with the no-fly and watch lists. Right now, everything about them is secret: You can’t find out if you’re on one, or who put you there and why, and you can’t clear your name if you’re innocent. This Kafkaesque scenario is so un-American it’s embarrassing. Obama should make the no-fly list subject to judicial review.

Then, move on to the checkpoints themselves. What are our rights? What powers do the TSA officers have? If we’re asked “friendly” questions by behavioral detection officers, are we allowed not to answer? If we object to the rough handling of ourselves or our belongings, can the TSA official retaliate against us by putting us on a watch list? Obama should make the rules clear and explicit, and allow people to bring legal action against the TSA for violating those rules; otherwise, airport checkpoints will remain a Constitution-free zone in our country.

Next, Obama should refuse to use unfunded mandates to sneak expensive security measures past Congress. The Secure Flight program is the worst offender. Airlines are being forced to spend billions of dollars redesigning their reservations systems to accommodate the TSA’s demands to preapprove every passenger before he or she is allowed to board an airplane. These costs are borne by us, in the form of higher ticket prices, even though we never see them explicitly listed.

Maybe Secure Flight is a good use of our money; maybe it isn’t. But let’s have debates like that in the open, as part of the budget process, where it belongs.

And finally, Obama should mandate that airport security be solely about terrorism, and not a general-purpose security checkpoint to catch everyone from pot smokers to deadbeat dads.

The Constitution provides us, both Americans and visitors to America, with strong protections against invasive police searches. Two exceptions come into play at airport security checkpoints. The first is “implied consent,” which means that you cannot refuse to be searched; your consent is implied when you purchased your ticket. And the second is “plain view,” which means that if the TSA officer happens to see something unrelated to airport security while screening you, he is allowed to act on that.

Both of these principles are well established and make sense, but it’s their combination that turns airport security checkpoints into police-state-like checkpoints.

The TSA should limit its searches to bombs and weapons and leave general policing to the police – where we know courts and the Constitution still apply.

None of these changes will make airports any less safe, but they will go a long way to de-ratcheting the culture of fear, restoring the presumption of innocence and reassuring Americans, and the rest of the world, that – as Obama said in his inauguration speech – “we reject as false the choice between our safety and our ideals.”

This essay originally appeared, without hyperlinks, in the New York Daily News.

Posted on June 24, 2009 at 6:40 AM • View Comments

Arming the Boston Police with Assault Rifles

Whose idea is this?

The Boston Police Department is preparing a plan to arm as many as 200 patrol officers with semiautomatic assault rifles, a significant boost in firepower that department leaders believe is necessary to counter terrorist threats, according to law enforcement officials briefed on the plan.

The initiative calls for equipping specialized units, such as the bomb squad and harbor patrol, with the high-powered long-range M16 rifles first, the officials said. The department would then distribute the weapons to patrol officers in neighborhood precincts over the next several months, according to the two law enforcement officials, who spoke on the condition of anonymity because they did not have permission to speak publicly.

Remember, the “terrorist threats” that plague Boston include blinking signs, blinking name badges, and Linux. Would you trust the police there with automatic weapons?

And anyway, how exactly does an police force armed with automatic weapons protect against terrorism? Does it make it harder for the terrorists to plant bombs? To hijack aircraft? Sure, you can invent a movie-plot scenario involving a Mumbai-like attack and have a Bruce Willis-like armed policeman save the day, but—realistically—is this really the best way for us to be spending our counterterrorism dollar?

Luckily, people seem to be coming to their senses.

EDITED TO ADD: These are semi-automatic rifles, not fully automatic. I think the point is more about the militarization of the police than the exact specifications of the weapons in this case.

Posted on June 3, 2009 at 5:57 AM • View Comments

Update on Computer Science Student's Computer Seizure

In April, I blogged about the Boston police seizing a student’s computer for, among other things, running Linux. (Anyone who runs Linux instead of Windows is obviously a scary bad hacker.)

Last week, the Massachusetts Supreme Court threw out the search warrant:

Massachusetts Supreme Judicial Court Associate Justice Margot Botsford on Thursday said that Boston College and Massachusetts State Police had insufficient evidence to search the dorm room of BC senior Riccardo Calixte. During the search, police confiscated a variety of electronic devices, including three laptop computers, two iPod music players, and two cellphones.

Police obtained a warrant to search Calixte’s dorm after a roommate accused him of breaking into the school’s computer network to change other students’ grades, and of spreading a rumor via e-mail that the roommate is gay.

Botsford said the search warrant affidavit presented considerable evidence that the e-mail came from Calixte’s laptop computer. But even if it did, she said, spreading such rumors is probably not illegal. Botsford also said that while breaking into BC’s computer network would be criminal activity, the affidavit supporting the warrant presented little evidence that such a break-in had taken place.

Posted on June 2, 2009 at 12:01 PM • View Comments

This Week's Terrorism Arrests

Four points. One: There was little danger of an actual terrorist attack:

Authorities said the four men have long been under investigation and there was little danger they could actually have carried out their plan, NBC News’ Pete Williams reported.

[…]

In their efforts to acquire weapons, the defendants dealt with an informant acting under law enforcement supervision, authorities said. The FBI and other agencies monitored the men and provided an inactive missile and inert C-4 to the informant for the defendants, a federal complaint said.

The investigation had been under way for about a year.

“They never got anywhere close to being able to do anything,” one official told NBC News. “Still, it’s good to have guys like this off the street.”

Of course, politicians are using this incident to peddle more fear:

“This was a very serious threat that could have cost many, many lives if it had gone through,” Representative Peter T. King, Republican from Long Island, said in an interview with WPIX-TV. “It would have been a horrible, damaging tragedy. There’s a real threat from homegrown terrorists and also from jailhouse converts.”

Two, they were caught by traditional investigation and intelligence. Not airport security. Not warrantless eavesdropping. But old fashioned investigation and intelligence. This is what works. This is what keeps us safe. Here’s an essay I wrote in 2004 that says exactly that.

The only effective way to deal with terrorists is through old-fashioned police and intelligence work—discovering plans before they’re implemented and then going after the plotters themselves.

Three, they were idiots:

The ringleader of the four-man homegrown terror cell accused of plotting to blow up synagogues in the Bronx and military planes in Newburgh admitted to a judge today that he had smoked pot before his bust last night.

When U.S. Magistrate Judge Lisa M. Smith asked James Cromitie if his judgment was impaired during his appearance in federal court in White Plains, the 55-year-old confessed: “No. I smoke it regularly. I understand everything you are saying.”

Four, an “informant” helped this group a lot:

In April, Mr. Cromitie and the three other men selected the synagogues as their targets, the statement said. The informant soon helped them get the weapons, which were incapable of being fired or detonated, according to the authorities.

The warning the warning I wrote in “Portrait of the Modern Terrorist as an Idiot” is timely again:

Despite the initial press frenzies, the actual details of the cases frequently turn out to be far less damning. Too often it’s unclear whether the defendants are actually guilty, or if the police created a crime where none existed before.

The JFK Airport plotters seem to have been egged on by an informant, a twice-convicted drug dealer. An FBI informant almost certainly pushed the Fort Dix plotters to do things they wouldn’t have ordinarily done. The Miami gang’s Sears Tower plot was suggested by an FBI undercover agent who infiltrated the group. And in 2003, it took an elaborate sting operation involving three countries to arrest an arms dealer for selling a surface-to-air missile to an ostensible Muslim extremist. Entrapment is a very real possibility in all of these cases.

Actually, that whole 2007 essay is timely again. Some things never change.

Posted on May 22, 2009 at 6:11 AM • View Comments

IEDs Are Now Weapons of Mass Destruction

In an article on the recent arrests in New York:

On Wednesday night, they planted one of the mock improvised explosive devices in a trunk of a car outside the temple and two mock bombs in the back seat of a car outside the Jewish center, the authorities said. Shortly thereafter, police officers swooped in and broke the windows on the suspects’ black sport utility vehicle and charged them with conspiracy to use weapons of mass destruction within the United States and conspiracy to acquire and use antiaircraft missiles.

I’ve covered this before. According to the law, almost any weapon is a weapon of mass destruction.

From the complaint:

… knowingly did combine, conspire, confederate and agree together and with each other to use a weapon of mass destruction, to wit, a surface-to-air guided missile system and an improvised explosive device (“IED”) containing over 30 pounds of Composition 4 (‘C-4″) military grade plastic explosive material against persons and property within the United States.

Posted on May 21, 2009 at 3:54 PM • View Comments

No Warrant Required for GPS Tracking

At least, according to a Wisconsin appeals court ruling:

As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights—even if the drivers aren’t suspects.

Officers do not need to get warrants beforehand because GPS tracking does not involve a search or a seizure, Judge Paul Lundsten wrote for the unanimous three-judge panel based in Madison.

That means “police are seemingly free to secretly track anyone’s public movements with a GPS device,” he wrote.

The court wants the legislature to fix it:

However, the District 4 Court of Appeals said it was “more than a little troubled” by that conclusion and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals.

I think the odds of that happening are approximately zero.

Posted on May 15, 2009 at 6:30 AM • View Comments

Software Problems with a Breath Alcohol Detector

This is an excellent lesson in the security problems inherent in trusting proprietary software:

After two years of attempting to get the computer based source code for the Alcotest 7110 MKIII-C, defense counsel in State v. Chun were successful in obtaining the code, and had it analyzed by Base One Technologies, Inc.

Draeger, the manufacturer maintained that the system was perfect, and that revealing the source code would be damaging to its business. They were right about the second part, of course, because it turned out that the code was terrible.

2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings. Then, it averages the third reading with the average just computed. Then the fourth reading is averaged with the new average, and so on. There is no comment or note detailing a reason for this calculation, which would cause the first reading to have more weight than successive readings. Nonetheless, the comments say that the values should be averaged, and they are not.

3. Results Limited to Small, Discrete Values: The A/D converters measuring the IR readings and the fuel cell readings can produce values between 0 and 4095. However, the software divides the final average(s) by 256, meaning the final result can only have 16 values to represent the five-volt range (or less), or, represent the range of alcohol readings possible. This is a loss of precision in the data; of a possible twelve bits of information, only four bits are used. Further, because of an attribute in the IR calculations, the result value is further divided in half. This means that only 8 values are possible for the IR detection, and this is compared against the 16 values of the fuel cell.

4. Catastrophic Error Detection Is Disabled: An interrupt that detects that the microprocessor is trying to execute an illegal instruction is disabled, meaning that the Alcotest software could appear to run correctly while executing wild branches or invalid code for a period of time. Other interrupts ignored are the Computer Operating Property (a watchdog timer), and the Software Interrupt.

Basically, the system was designed to return some sort of result regardless.

This is important. As we become more and more dependent on software for evidentiary and other legal applications, we need to be able to carefully examine that software for accuracy, reliability, etc. Every government contract for breath alcohol detectors needs to include the requirement for public source code. “You can’t look at our code because we don’t want you to” simply isn’t good enough.

Posted on May 13, 2009 at 2:07 PM • View Comments

Cell Phones and Hostage Situations

I haven’t read this book on the Columbine school shooting and massacre, but the New York Times review had an interesting paragraph about cell phones in a hostage situation:

Fuselier is one of the people Cullen spotlights in his retelling in order to clear up the historical record. Some of the confusion generated by Columbine was inevitable: Harris and Klebold started out wearing trench coats, for instance, but at some point removed them, giving the illusion that they were four people rather than two. The homemade pipe bombs they were tossing in all directions—down stairwells, onto the roof—only seemed to further the impression that there were more of them. And then there were the SWAT teams: students trapped inside the building would hear their rifle fire, assume it was the killers and report it to the media by cellphone, complicating the cops’ efforts to keep them safe. “This was the first major hostage standoff of the cellphone age,” Cullen notes. The police “had never seen anything like it.”

Posted on April 27, 2009 at 6:57 AM • View Comments

The Terrorism Arrests that Weren't

Remember those terrorism arrests that the UK government conducted, after a secret document was accidentally photographed? No one was charged:

The Crown Prosecution Service said there was insufficient evidence to press charges or hold them any longer.

The Muslim Council of Britain said the government behaved “very dishonourably” over the treatment of the men should admit it had made a mistake.

Of the 12 men arrested in the raids, 11 were Pakistani nationals, 10 held student visas and one was from Britain.

Posted on April 24, 2009 at 1:27 PM • View Comments