Entries Tagged "law enforcement"

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British Pub Hours and Crime

The Economist website (only subscribers can read the article) has an article dated January 6 that illustrates nicely the interplay between security trade-offs and economic agendas.

In the 1990s, local councils were scratching around for ideas about to how to revive Britain’s inner cities. Part of the problem was that the cities were dead after their few remaining high-street shops had shut in the evening. Bringing night-life back, it was felt, would bring back young people, and the cheerful social and economic activity they would attract would revive depressed urban areas. The “24-hour city” thus became the motto of every forward-thinking local authority.

For councils to fulfil their plans, Britain’s antiquated drinking laws needed to be liberalised. That has been happening, in stages. The liberalisation culminates in 24-hour drinking licences….

This has worked: “As an urban redevelopment policy, the liberalisation has been tremendously successful. Cities which once relied on a few desultory pubs for entertainment now have centres thumping with activity from early evening all through the night.”

On the other hand, the change comes with a cost. “That is probably why, when crime as a whole has fallen since the late 1990s, violent crime has gone up; and it is certainly why the police have joined the doctors in opposing the 24-hour licences.”

This is all perfectly reasonable. All security is a trade-off, and a community should be able to trade off the economic benefits of a revitalized urban center with the economic costs of an increased police force. Maybe they can issue 24-hour licenses to only a few pubs. Or maybe they can issue 22-hour licenses, or licenses for some other number of hours. Certainly there is a solution that balances the two issues.

But the organization that has to pay the security costs for the program (the police) is not the same as the organization that reaps the benefits (the local governments).

Over the past hundred years, central government’s thirst for power has weakened the local authorities. As a result, policing, which should be a local issue, is largely paid for by central government. So councils, who are largely responsible for licensing, do not pay for the negative consequences of liberalisation.

The result is that the local councils don’t care about the police costs, and consequently make bad security trade-offs.

Posted on January 12, 2005 at 9:01 AMView Comments

Terrorists and Border ID Systems

This Washington Times article titled “Border Patrol hails new ID system” could have just as accurately been titled “No terrorists caught by new ID system.”

Border Patrol agents assigned to U.S. Customs and Border Protection (CBP) identified and arrested 23,502 persons with criminal records nationwide through a new biometric integrated fingerprint system during a three-month period beginning in September, CBP officials said yesterday.

Terrorism justifies the security expense, and it ends up being used for something else.

During the three-month period this year, the agents identified and detained 84 homicide suspects, 37 kidnapping suspects, 151 sexual assault suspects, 212 robbery suspects, 1,238 suspects for assaults of other types, and 2,630 suspects implicated in dangerous narcotics-related charges.

Posted on January 7, 2005 at 7:58 AMView Comments

Behavioral Assessment Profiling

On Dec. 14, 1999, Ahmed Ressam tried to enter the United States from Canada at Port Angeles, Wash. He had a suitcase bomb in the trunk of his car. A US customs agent, Diana Dean, questioned him at the border. He was fidgeting, sweaty, and jittery. He avoided eye contact. In Dean’s own words, he was acting “hinky.” Ressam’s car was eventually searched, and he was arrested.

It wasn’t any one thing that tipped Dean off; it was everything encompassed in the slang term “hinky.” But it worked. The reason there wasn’t a bombing at Los Angeles International Airport around Christmas 1999 was because a trained, knowledgeable security person was paying attention.

This is “behavioral assessment” profiling. It’s what customs agents do at borders all the time. It’s what the Israeli police do to protect their airport and airplanes. And it’s a new pilot program in the United States at Boston’s Logan Airport. Behavioral profiling is dangerous because it’s easy to abuse, but it’s also the best thing we can do to improve the security of our air passenger system.

Behavioral profiling is not the same as computerized passenger profiling. The latter has been in place for years. It’s a secret system, and it’s a mess. Sometimes airlines decided who would undergo secondary screening, and they would choose people based on ticket purchase, frequent-flyer status, and similarity to names on government watch lists. CAPPS-2 was to follow, evaluating people based on government and commercial databases and assigning a “risk” score. This system was scrapped after public outcry, but another profiling system called Secure Flight will debut next year. Again, details are secret.

The problem with computerized passenger profiling is that it simply doesn’t work. Terrorists don’t fit a profile and cannot be plucked out of crowds by computers. Terrorists are European, Asian, African, Hispanic, and Middle Eastern, male and female, young and old. Richard Reid, the shoe bomber, was British with a Jamaican father. Jose Padilla, arrested in Chicago in 2002 as a “dirty bomb” suspect, was a Hispanic-American. Timothy McVeigh was a white American. So was the Unabomber, who once taught mathematics at the University of California, Berkeley. The Chechens who blew up two Russian planes last August were female. Recent reports indicate that Al Qaeda is recruiting Europeans for further attacks on the United States.

Terrorists can buy plane tickets — either one way or round trip — with cash or credit cards. Mohamed Atta, the leader of the 9/11 plot, had a frequent-flyer gold card. They are a surprisingly diverse group of people, and any computer profiling system will just make it easier for those who don’t meet the profile.

Behavioral assessment profiling is different. It cuts through all of those superficial profiling characteristics and centers on the person. State police are trained as screeners in order to look for suspicious conduct such as furtiveness or undue anxiety. Already at Logan Airport, the program has caught 20 people who were either in the country illegally or had outstanding warrants of one kind or another.

Earlier this month the ACLU of Massachusetts filed a lawsuit challenging the constitutionality of behavioral assessment profiling. The lawsuit is unlikely to succeed; the principle of “implied consent” that has been used to uphold the legality of passenger and baggage screening will almost certainly be applied in this case as well.

But the ACLU has it wrong. Behavioral assessment profiling isn’t the problem. Abuse of behavioral profiling is the problem, and the ACLU has correctly identified where it can go wrong. If policemen fall back on naive profiling by race, ethnicity, age, gender — characteristics not relevant to security — they’re little better than a computer. Instead of “driving while black,” the police will face accusations of harassing people for the infraction of “flying while Arab.” Their actions will increase racial tensions and make them less likely to notice the real threats. And we’ll all be less safe as a result.

Behavioral assessment profiling isn’t a “silver bullet.” It needs to be part of a layered security system, one that includes passenger baggage screening, airport employee screening, and random security checks. It’s best implemented not by police but by specially trained federal officers. These officers could be deployed at airports, sports stadiums, political conventions — anywhere terrorism is a risk because the target is attractive. Done properly, this is the best thing to happen to air passenger security since reinforcing the cockpit door.

This article originally appeared in the Boston Globe.

Posted on November 24, 2004 at 9:33 AMView Comments

World Series Security

The World Series is no stranger to security. Fans try to sneak into the ballpark without tickets, or with counterfeit tickets. Often foods and alcohol are prohibited from being brought into the ballpark, to enforce the monopoly of the high-priced concessions. Violence is always a risk: both small fights and larger-scale riots that result from fans from both teams being in such close proximity — like the one that almost happened during the sixth game of the AL series.

Today, the new risk is terrorism. Security at the Olympics cost $1.5 billion. $50 million each was spent at the Democratic and Republican conventions. There has been no public statement about the security bill for the World Series, but it’s reasonable to assume it will be impressive.

In our fervor to defend ourselves, it’s important that we spend our money wisely. Much of what people think of as security against terrorism doesn’t actually make us safer. Even in a world of high-tech security, the most important solution is the guy watching to keep beer bottles from being thrown onto the field.

Generally, security measures that defend specific targets are wasteful, because they can be avoided simply by switching targets. If we completely defend the World Series from attack, and the terrorists bomb a crowded shopping mall instead, little has been gained.

Even so, some high-profile locations, like national monuments and symbolic buildings, and some high-profile events, like political conventions and championship sporting events, warrant additional security. What additional measures make sense?

ID checks don’t make sense. Everyone has an ID. Even the 9/11 terrorists had IDs. What we want is to somehow check intention; is the person going to do something bad? But we can’t do that, so we check IDs instead. It’s a complete waste of time and money, and does absolutely nothing to make us safer.

Automatic face recognition systems don’t work. Computers that automatically pick terrorists out of crowds are a great movie plot device, but doesn’t work in the real world. We don’t have a comprehensive photographic database of known terrorists. Even worse, the face recognition technology is so faulty that it often can’t make the matches even when we do have decent photographs. We tried it at the 2001 Super Bowl; it was a failure.

Airport-like attendee screening doesn’t work. The terrorists who took over the Russian school sneaked their weapons in long before their attack. And screening fans is only a small part of the solution. There are simply too many people, vehicles, and supplies moving in and out of a ballpark regularly. This kind of security failed at the Olympics, as reporters proved again and again that they could sneak all sorts of things into the stadiums undetected.

What does work is people: smart security officials watching the crowds. It’s called “behavior recognition,�? and it requires trained personnel looking for suspicious behavior. Does someone look out of place? Is he nervous, and not watching the game? Is he not cheering, hissing, booing, and waving like a sports fan would?

This is what good policemen do all the time. It’s what Israeli airport security does. It works because instead of relying on checkpoints that can be bypassed, it relies on the human ability to notice something that just doesn’t feel right. It’s intuition, and it’s far more effective than computerized security solutions.

Will this result in perfect security? Of course not. No security measures are guaranteed; all we can do is reduce the odds. And the best way to do that is to pay attention. A few hundred plainclothes policemen, walking around the stadium and watching for anything suspicious, will provide more security against terrorism than almost anything else we can reasonably do.

And the best thing about policemen is that they’re adaptable. They can deal with terrorist threats, and they can deal with more common security issues, too.

Most of the threats at the World Series have nothing to do with terrorism; unruly or violent fans are a much more common problem. And more likely than a complex 9/11-like plot is a lone terrorist with a gun, a bomb, or something that will cause panic. But luckily, the security measures ballparks have already put in place to protect against the former also help protect against the latter.

Originally published by UPI.

Posted on October 25, 2004 at 6:31 PMView Comments

Aerial Surveillance to Detect Building Code Violations

The Baltimore housing department has a new tool to find homeowners who have been building rooftop decks without a permit: aerial mapping. Baltimore bought aerial photographs of the entire city and used software to correlate the images with databases of address information and permit records. Inspectors have just begun knocking on doors of residents who built decks without permission.

On the face of it, this is nothing new. Police always have been able to inspect buildings for permit violations. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to automatically document every building code violation in any city. What’s different isn’t the police tactic but the efficiency of the process.

Technology is fundamentally changing the nature of surveillance. Years ago, surveillance involved trench-coated detectives following people down streets. It was laborious and expensive, and was only used when there was reasonable suspicion of a crime. Modern surveillance is the police officer sitting at a computer with a satellite image of an entire neighborhood. It’s the same, but it’s completely different. It’s wholesale surveillance.

And it disrupts the balance between the powers of the police and the rights of the people.

Wholesale surveillance is fast becoming the norm. Security cameras are everywhere, even in places satellites can’t see. Automatic toll road devices track cars at tunnels and bridges. We can all be tracked by our cell phones. Our purchases are tracked by banks and credit card companies, our telephone calls by phone companies, our Internet surfing habits by Web site operators.

Like the satellite images, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backward in time.

The effects of wholesale surveillance on privacy and civil liberties is profound, but unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. This is wrong. It’s obvious that we are all safer when the police can use all possible crimefighting techniques. The Fourth Amendment already allows police to perform even the most intrusive searches of your home and person.

What we need are mechanisms to prevent abuse and hold the police accountable and assurances that the new techniques don’t place an unreasonable burden on the innocent. In many cases, the Fourth Amendment already provides for this in its requirement of a warrant.

The warrant process requires that a “neutral and detached magistrate” review the basis for the search and take responsibility for the outcome. The key is independent judicial oversight; the warrant process is itself a security measure that protects us from abuse and makes us more secure.

This works for some searches, but not for most wholesale surveillance. The courts already have ruled that the police cannot use thermal imaging to see through the walls of your home without a warrant, but that it’s OK for them to fly overhead and peer over your fences without a warrant. They need a warrant before opening your paper mail or listening in on your phone calls.

Wholesale surveillance calls for something else: lessening of criminal penalties. The reason criminal punishments are severe is to create a deterrent because it is hard to catch wrongdoers. As they become easier to catch, a realignment is necessary. When the police can automate the detection of a wrongdoing, perhaps there should no longer be any criminal penalty attached. For example, red-light cameras and speed-trap cameras issue citations without any “points” assessed against drivers.

Another obvious protection is notice. Baltimore should send mail to every homeowner announcing the use of aerial photography to document building code violations, urging individuals to come into compliance.

Wholesale surveillance is not simply a more efficient way for the police to do what they’ve always done. It’s a new police power, one made possible with today’s technology and one that will be made easier with tomorrow’s. And with any new police power, we as a society need to take an active role in establishing rules governing its use. To do otherwise is to cede ever more authority to the police.

This article was originally published in the 4 October 2004 edition of the Baltimore Sun.

Posted on October 4, 2004 at 7:18 PMView Comments

Aerial Surveillance to Detect Building Code Violations

The Baltimore housing department has a new tool to find homeowners who have been building rooftop decks without a permit: aerial mapping. Baltimore bought aerial photographs of the entire city and used software to correlate the images with databases of address information and permit records. Inspectors have just begun knocking on doors of residents who built decks without permission.

On the face of it, this is nothing new. Police always have been able to inspect buildings for permit violations. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to automatically document every building code violation in any city. What’s different isn’t the police tactic but the efficiency of the process.

Technology is fundamentally changing the nature of surveillance. Years ago, surveillance involved trench-coated detectives following people down streets. It was laborious and expensive, and was only used when there was reasonable suspicion of a crime. Modern surveillance is the police officer sitting at a computer with a satellite image of an entire neighborhood. It’s the same, but it’s completely different. It’s wholesale surveillance.

And it disrupts the balance between the powers of the police and the rights of the people.

Wholesale surveillance is fast becoming the norm. Security cameras are everywhere, even in places satellites can’t see. Automatic toll road devices track cars at tunnels and bridges. We can all be tracked by our cell phones. Our purchases are tracked by banks and credit card companies, our telephone calls by phone companies, our Internet surfing habits by Web site operators.

Like the satellite images, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backward in time.

The effects of wholesale surveillance on privacy and civil liberties is profound, but unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. This is wrong. It’s obvious that we are all safer when the police can use all possible crimefighting techniques. The Fourth Amendment already allows police to perform even the most intrusive searches of your home and person.

What we need are mechanisms to prevent abuse and hold the police accountable and assurances that the new techniques don’t place an unreasonable burden on the innocent. In many cases, the Fourth Amendment already provides for this in its requirement of a warrant.

The warrant process requires that a “neutral and detached magistrate” review the basis for the search and take responsibility for the outcome. The key is independent judicial oversight; the warrant process is itself a security measure that protects us from abuse and makes us more secure.

This works for some searches, but not for most wholesale surveillance. The courts already have ruled that the police cannot use thermal imaging to see through the walls of your home without a warrant, but that it’s OK for them to fly overhead and peer over your fences without a warrant. They need a warrant before opening your paper mail or listening in on your phone calls.

Wholesale surveillance calls for something else: lessening of criminal penalties. The reason criminal punishments are severe is to create a deterrent because it is hard to catch wrongdoers. As they become easier to catch, a realignment is necessary. When the police can automate the detection of a wrongdoing, perhaps there should no longer be any criminal penalty attached. For example, red-light cameras and speed-trap cameras issue citations without any “points” assessed against drivers.

Another obvious protection is notice. Baltimore should send mail to every homeowner announcing the use of aerial photography to document building code violations, urging individuals to come into compliance.

Wholesale surveillance is not simply a more efficient way for the police to do what they’ve always done. It’s a new police power, one made possible with today’s technology and one that will be made easier with tomorrow’s. And with any new police power, we as a society need to take an active role in establishing rules governing its use. To do otherwise is to cede ever more authority to the police.

This article was originally published in the 4 October 2004 edition of the Baltimore Sun.

Posted on October 4, 2004 at 7:18 PMView Comments

License Plate "Guns" and Privacy

New Haven police have a new law enforcement tool: a license-plate scanner. Similar to a radar gun, it reads the license plates of moving or parked cars and links with remote police databases, immediately providing information about the car and owner. Right now the police check if there are any taxes owed on the car, if the car or license plate is stolen, and if the car is unregistered or uninsured. A car that comes up positive is towed.

On the face of it, this is nothing new. The police have always been able to run a license plate. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to run the plates of every car in a parking garage, or every car that passed through an intersection. What’s different isn’t the police tactic, but the efficiency of the process.

Technology is fundamentally changing the nature of surveillance. Years ago, surveillance meant trench-coated detectives following people down streets. It was laborious and expensive, and was only used when there was reasonable suspicion of a crime. Modern surveillance is the policeman with a license-plate scanner, or even a remote license-plate scanner mounted on a traffic light and a policeman sitting at a computer in the station. It’s the same, but it’s completely different. It’s wholesale surveillance.

And it disrupts the balance between the powers of the police and the rights of the people.

Wholesale surveillance is fast becoming the norm. New York’s E-Z Pass tracks cars at tunnels and bridges with tolls. We can all be tracked by our cell phones. Our purchases are tracked by banks and credit card companies, our telephone calls by phone companies, our Internet surfing habits by Web site operators. Security cameras are everywhere. If they wanted, the police could take the database of vehicles outfitted with the OnStar tracking system, and immediately locate all of those New Haven cars.

Like the license-plate scanners, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backwards in time.

The effects of wholesale surveillance on privacy and civil liberties is profound; but unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. This is wrong. It’s obvious that we are all safer when the police can use all techniques at their disposal. What we need are corresponding mechanisms to prevent abuse, and that don’t place an unreasonable burden on the innocent.

Throughout our nation’s history, we have maintained a balance between the necessary interests of police and the civil rights of the people. The license plate itself is such a balance. Imagine the debate from the early 1900s: The police proposed affixing a plaque to every car with the car owner’s name, so they could better track cars used in crimes. Civil libertarians objected because that would reduce the privacy of every car owner. So a compromise was reached: a random string of letter and numbers that the police could use to determine the car owner. By deliberately designing a more cumbersome system, the needs of law enforcement and the public’s right to privacy were balanced.

The search warrant process, as prescribed in the Fourth Amendment, is another balancing method. So is the minimization requirement for telephone eavesdropping: the police must stop listening to a phone line if the suspect under investigation is not talking.

For license-plate scanners, one obvious protection is to require the police to erase data collected on innocent car owners immediately, and not save it. The police have no legitimate need to collect data on everyone’s driving habits. Another is to allow car owners access to the information about them used in these automated searches, and to allow them to challenge inaccuracies.

We need to go further. Criminal penalties are severe in order to create a deterrent, because it is hard to catch wrongdoers. As they become easier to catch, a realignment is necessary. When the police can automate the detection of a wrongdoing, perhaps there should no longer be any criminal penalty attached. For example, both red light cameras and speed-trap cameras all issue citations without any “points” assessed against the driver.

Wholesale surveillance is not simply a more efficient way for the police to do what they’ve always done. It’s a new police power, one made possible with today’s technology and one that will be made easier with tomorrow’s. And with any new police power, we as a society need to take an active role in establishing rules governing its use. To do otherwise is to cede ever more authority to the police.

This essay was originally published in the New Haven Register.

Posted on October 4, 2004 at 7:05 PMView Comments

License Plate "Guns" and Privacy

New Haven police have a new law enforcement tool: a license-plate scanner. Similar to a radar gun, it reads the license plates of moving or parked cars and links with remote police databases, immediately providing information about the car and owner. Right now the police check if there are any taxes owed on the car, if the car or license plate is stolen, and if the car is unregistered or uninsured. A car that comes up positive is towed.

On the face of it, this is nothing new. The police have always been able to run a license plate. The difference is they would do it manually, and that limited its use. It simply wasn’t feasible for the police to run the plates of every car in a parking garage, or every car that passed through an intersection. What’s different isn’t the police tactic, but the efficiency of the process.

Technology is fundamentally changing the nature of surveillance. Years ago, surveillance meant trench-coated detectives following people down streets. It was laborious and expensive, and was only used when there was reasonable suspicion of a crime. Modern surveillance is the policeman with a license-plate scanner, or even a remote license-plate scanner mounted on a traffic light and a policeman sitting at a computer in the station. It’s the same, but it’s completely different. It’s wholesale surveillance.

And it disrupts the balance between the powers of the police and the rights of the people.

Wholesale surveillance is fast becoming the norm. New York’s E-Z Pass tracks cars at tunnels and bridges with tolls. We can all be tracked by our cell phones. Our purchases are tracked by banks and credit card companies, our telephone calls by phone companies, our Internet surfing habits by Web site operators. Security cameras are everywhere. If they wanted, the police could take the database of vehicles outfitted with the OnStar tracking system, and immediately locate all of those New Haven cars.

Like the license-plate scanners, the electronic footprints we leave everywhere can be automatically correlated with databases. The data can be stored forever, allowing police to conduct surveillance backwards in time.

The effects of wholesale surveillance on privacy and civil liberties is profound; but unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. This is wrong. It’s obvious that we are all safer when the police can use all techniques at their disposal. What we need are corresponding mechanisms to prevent abuse, and that don’t place an unreasonable burden on the innocent.

Throughout our nation’s history, we have maintained a balance between the necessary interests of police and the civil rights of the people. The license plate itself is such a balance. Imagine the debate from the early 1900s: The police proposed affixing a plaque to every car with the car owner’s name, so they could better track cars used in crimes. Civil libertarians objected because that would reduce the privacy of every car owner. So a compromise was reached: a random string of letter and numbers that the police could use to determine the car owner. By deliberately designing a more cumbersome system, the needs of law enforcement and the public’s right to privacy were balanced.

The search warrant process, as prescribed in the Fourth Amendment, is another balancing method. So is the minimization requirement for telephone eavesdropping: the police must stop listening to a phone line if the suspect under investigation is not talking.

For license-plate scanners, one obvious protection is to require the police to erase data collected on innocent car owners immediately, and not save it. The police have no legitimate need to collect data on everyone’s driving habits. Another is to allow car owners access to the information about them used in these automated searches, and to allow them to challenge inaccuracies.

We need to go further. Criminal penalties are severe in order to create a deterrent, because it is hard to catch wrongdoers. As they become easier to catch, a realignment is necessary. When the police can automate the detection of a wrongdoing, perhaps there should no longer be any criminal penalty attached. For example, both red light cameras and speed-trap cameras all issue citations without any “points” assessed against the driver.

Wholesale surveillance is not simply a more efficient way for the police to do what they’ve always done. It’s a new police power, one made possible with today’s technology and one that will be made easier with tomorrow’s. And with any new police power, we as a society need to take an active role in establishing rules governing its use. To do otherwise is to cede ever more authority to the police.

This essay was originally published in the New Haven Register.

Posted on October 4, 2004 at 7:05 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.