Entries Tagged "law enforcement"

Page 35 of 46

The Difficulty of Profiling Terrorists

Interesting article:

A recently completed Dutch study of 242 Islamic radicals convicted or accused of planning terrorist attacks in Europe from 2001 to 2006 found that most were men of Arab descent who had been born and raised in Europe and came from lower or middle-class backgrounds. They ranged in age from 16 to 59 at the time of their arrests; the average was 27. About one in four had a criminal record.

The author of the study, Edwin Bakker, a researcher at the Clingendael Institute in The Hague, tried to examine almost 20 variables concerning the suspects’ social and economic backgrounds. In general, he determined that no reliable profile existed—their traits were merely an accurate reflection of the overall Muslim immigrant population in Europe. “There is no standard jihadi terrorist in Europe,” the study concluded.

In an interview, Bakker said that many local police agencies have been slow to abandon profiling, but that most European intelligence agencies have concluded it is an unreliable tool for spotting potential terrorists. “How can you single them out? You can’t,” he said. “For the secret services, it doesn’t give them a clue. We should focus more on suspicious behavior and not profiling.”

Posted on March 13, 2007 at 5:42 PM • View Comments

FBI Issued Illegal National Security Letters Under USA PATRIOT Act

A new Justice Department report concludes that the FBI broke the law in its use of the Patriot Act to secretly obtain phone, business, and financial data about people in the U.S.

The Justice Department’s inspector general has prepared a scathing report criticizing how the F.B.I. uses a form of administrative subpoena to obtain thousands of telephone, business and financial records without prior judicial approval.

The report, expected to be issued on Friday, says that the bureau lacks sufficient controls to make sure the subpoenas, which do not require a judge’s prior approval, are properly issued and that it does not follow even some of the rules it does have.

From the Associated Press:

The FBI’s transgressions were spelled out in a damning 126-page audit by Justice Department Inspector General Glenn A. Fine. He found that agents sometimes demanded personal data on people without official authorization, and in other cases improperly obtained telephone records in non-emergency circumstances.

The audit also concluded that the FBI for three years underreported to Congress how often it used national security letters to ask businesses to turn over customer data. The letters are administrative subpoenas that do not require a judge’s approval.

[…]

Under the Patriot Act, the national security letters give the FBI authority to demand that telephone companies, Internet service providers, banks, credit bureaus and other businesses produce personal records about their customers or subscribers. About three-fourths of the letters issued between 2003 and 2005 involved counterterror cases, with the rest for espionage investigations, the audit reported.

Shoddy record-keeping and human error were to blame for the bulk of the problems, said Justice auditors, who were careful to note they found no indication of criminal misconduct.

Here’s the report (mirrored here), and here’s a BoingBoing post on the topic; also, this Wired article. And this by Daniel Solove.

Posted on March 12, 2007 at 3:55 PM • View Comments

Canadian Anti-Terrorism Law News

Big news:

The court said the men, who are accused of having ties to al-Qaeda, have the right to see and respond to evidence against them. It pointed to a law in Britain that allows special advocates or lawyers to see sensitive intelligence material, but not share details with their clients.

In its ruling, the court said while it’s important to protect Canada’s national security, the government can do more to protect individual rights.

But the court suspended the judgment from taking legal effect for a year, giving Parliament time to write a new law complying with constitutional principles.

Critics have long denounced the certificates, which can lead to deportation of non-citizens on the basis of secret intelligence presented to a Federal Court judge at closed-door hearings.

Those who fight the allegations can spend years in jail while the case works its way through the legal system. In the end, they can sometimes face removal to countries with a track record of torture, say critics.

And that’s not the only piece of good news from Canada. Two provisions from an anti-terrorism law passed at the end of 2001 were due to expire at the end of February. The House of Commons has voted against extending them:

One of the anti-terrorism measures allows police to arrest suspects without a warrant and detain them for three days without charges, provided police believe a terrorist act may be committed. The other measure allows judges to compel witnesses to testify in secret about past associations or pending acts. The witnesses could go to jail if they don’t comply.

The two measures, introduced by a previous Liberal government in 2001, have never been used.

“These two provisions especially have done nothing to fight against terrorism,” Dion said Tuesday. “[They] have not been helpful and have continued to create some risk for civil liberties.”

Another article here.

Posted on March 2, 2007 at 6:54 AM • View Comments

Private Police Forces

In Raleigh, N.C., employees of Capitol Special Police patrol apartment buildings, a bowling alley and nightclubs, stopping suspicious people, searching their cars and making arrests.

Sounds like a good thing, but Capitol Special Police isn’t a police force at all—it’s a for-profit security company hired by private property owners.

This isn’t unique. Private security guards outnumber real police more than 5-1, and increasingly act like them.

They wear uniforms, carry weapons and drive lighted patrol cars on private properties like banks and apartment complexes and in public areas like bus stations and national monuments. Sometimes they operate as ordinary citizens and can only make citizen’s arrests, but in more and more states they’re being granted official police powers.

This trend should greatly concern citizens. Law enforcement should be a government function, and privatizing it puts us all at risk.

Most obviously, there’s the problem of agenda. Public police forces are charged with protecting the citizens of the cities and towns over which they have jurisdiction. Of course, there are instances of policemen overstepping their bounds, but these are exceptions, and the police officers and departments are ultimately responsible to the public.

Private police officers are different. They don’t work for us; they work for corporations. They’re focused on the priorities of their employers or the companies that hire them. They’re less concerned with due process, public safety and civil rights.

Also, many of the laws that protect us from police abuse do not apply to the private sector. Constitutional safeguards that regulate police conduct, interrogation and evidence collection do not apply to private individuals. Information that is illegal for the government to collect about you can be collected by commercial data brokers, then purchased by the police.

We’ve all seen policemen “reading people their rights” on television cop shows. If you’re detained by a private security guard, you don’t have nearly as many rights.

For example, a federal law known as Section 1983 allows you to sue for civil rights violations by the police but not by private citizens. The Freedom of Information Act allows us to learn what government law enforcement is doing, but the law doesn’t apply to private individuals and companies. In fact, most of your civil right protections apply only to real police.

Training and regulation is another problem. Private security guards often receive minimal training, if any. They don’t graduate from police academies. And while some states regulate these guard companies, others have no regulations at all: anyone can put on a uniform and play policeman. Abuses of power, brutality, and illegal behavior are much more common among private security guards than real police.

A horrific example of this happened in South Carolina in 1995. Ricky Coleman, an unlicensed and untrained Best Buy security guard with a violent criminal record, choked a fraud suspect to death while another security guard held him down.

This trend is larger than police. More and more of our nation’s prisons are being run by for-profit corporations. The IRS has started outsourcing some back-tax collection to debt-collection companies that will take a percentage of the money recovered as their fee. And there are about 20,000 private police and military personnel in Iraq, working for the Defense Department.

Throughout most of history, specific people were charged by those in power to keep the peace, collect taxes and wage wars. Corruption and incompetence were the norm, and justice was scarce. It is for this very reason that, since the 1600s, European governments have been built around a professional civil service to both enforce the laws and protect rights.

Private security guards turn this bedrock principle of modern government on its head. Whether it’s FedEx policemen in Tennessee who can request search warrants and make arrests; a privately funded surveillance helicopter in Jackson, Miss., that can bypass constitutional restrictions on aerial spying; or employees of Capitol Special Police in North Carolina who are lobbying to expand their jurisdiction beyond the specific properties they protect—privately funded policemen are not protecting us or working in our best interests.

This op ed originally appeared in the Minneapolis Star-Tribune.

EDITED TO ADD (4/2): This is relevant.

Posted on February 27, 2007 at 6:02 AM • View Comments

Is Everything a Bomb These Days?

In New Mexico, a bomb squad blew up two CD players, duct-taped to the bottoms of church pews, that played pornographic messages during Mass. This is a pretty funny high school prank and I hope the kids that did it get suitably punished. But they’re not terrorists. And I have a hard time believing that the police actually thought CD players were bombs.

Meanwhile, Irish police blew up a tape dispenser left outside a police station.

And not to be outdone, the Dutch police mistook one of their own transmitters for a bomb. At least they didn’t blow anything up.

Okay, everyone. We need some ideas, here. If we’re going to think everything weird is a bomb, then the false alarms are going to kill any hope of security.

EDITED TO ADD (3/3): If you’re having trouble identifying bombs, this quiz should help. And here’s a relevant cartoon.

Posted on February 23, 2007 at 12:38 PM • View Comments

U.S Terrorism Arrests/Convictions Significantly Overstated

Interesting report (long, but at least read the Executive Summary) from the U.S. Department of Justice’s Inspector General that says, basically, that all the U.S. terrorism statistics since 9/11—arrests, convictions, and so on—have been grossly inflated.

As summarized in the following table, we determined that the FBI, EOUSA, and the Criminal Division did not accurately report 24 of the 26 statistics we reviewed.

“EOUSA” is the Executive Office for United States Attorneys, part of the U.S. Department of Justice.

The report gives a series of reasons why the statistics were so bad. Here’s one:

The number of terrorism-related convictions was overstated because the FBI initially coded the investigative cases as terrorism-related when the cases were opened, but did not recode cases when no link to terrorism was established.

And here’s an example of a problem:

For example, Operation Tarmac was a worksite enforcement operation launched in November 2001 at the nation’s airports. During this operation, Department and other federal agents went into regional airports and checked the immigration papers of airport workers. The agents then arrested any individuals who used falsified documents, such as social security numbers, drivers’ licenses, and other identification documents, to gain employment. EOUSA officials told us they believe these defendants are properly coded under the anti-terrorism program activity. We do not agree that law enforcement efforts such as these should be counted as “anti-terrorism” unless the subject or target is reasonably linked to terrorist activity.

There’s an enormous amount of detail in the report, if you want to wade through the 80ish pages of report and another 80ish of appendices.

Posted on February 23, 2007 at 7:13 AM • View Comments

The FBI: Now Losing Fewer Laptops

According to a new report, the FBI has lost 160 laptops, including at least ten with classified information, in the past four years.

But it’s not all bad news:

The results are an improvement on findings in a similar audit in 2002, which reported that 354 weapons and 317 laptops were lost or stolen at the FBI over about two years. They follow the high-profile losses last year of laptops containing personal information from the Veterans Administration and the Internal Revenue Service.

In a statement yesterday, FBI Assistant Director John Miller emphasized that the report showed “significant progress in decreasing the rate of loss for weapons and laptops” at the FBI. The average number of laptops or guns that went missing dropped from about 12 per month to four per month for each category, according to the report.

The FBI: Now losing fewer laptops!

Posted on February 16, 2007 at 12:14 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.