Entries Tagged "police"

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Status Report on the War on Photography

Worth reading: Morgan Leigh Manning, “Less than Picture Perfect: The Legal Relationship between Photographers’ Rights and Law Enforcement,” Tennessee Law Review, Vol. 78, p. 105, 2010.

Abstract: Threats to national security and public safety, whether real or perceived, result in an atmosphere conducive to the abuse of civil liberties. History is littered with examples: The Alien and Sedition Acts of 1798, the suspension of habeas corpus during the Civil War, the Palmer Raids during World War I, and McCarthyism in the aftermath of World War II.Unfortunately, the post-9/11 world represents no departure from this age-old trend. Evidence of post-9/11 tension between national security and civil liberties is seen in the heightened regulation of photography; scholars have labeled it the “War on Photography” – a conflict between law enforcement officials and photographers over the right to take pictures in public places. A simple Google search reveals countless incidents of overzealous law enforcement officials detaining or arresting photographers and, in many cases, confiscating their cameras and memory cards, despite the fact that these individuals were in lawful places, at lawful times, partaking in lawful activities.

This article examines the so-called War on Photography and the remedies available to those who have been unlawfully detained, arrested, or have had their property seized for taking pictures in public places or private places open to the public. It discusses recent incidents that highlight the growing infringement of photography rights and the magnitude of the harm that law enforcement officials have inflicted, paying particular attention to the themes these events have in common. It explores the existing legal framework surrounding photography rights and the federal and state remedies available to those whose rights have been violated. It examines the adequacy of each remedy including: (1) declaratory and injunctive relief, (2) Section 1983 and Bivens actions, and (3) state tort remedies. It discusses the obstacles associated with each remedy and the reasons why these obstacles are particularly hard to overcome in the context of photography. It then argues that most, if not all, of the remedies discussed are either inadequate or altogether impractical considering the costs of litigation. Lastly, this article will discuss the reasons why people should be concerned about the War on Photography and possible ways to reverse the erosion of photography rights.

Posted on June 14, 2011 at 1:45 PM • View Comments

25% of U.S. Criminal Hackers are Police Informants

I have no idea if this is true:

In some cases, popular illegal forums used by cyber criminals as marketplaces for stolen identities and credit card numbers have been run by hacker turncoats acting as FBI moles. In others, undercover FBI agents posing as “carders” ­—hackers specialising in ID theft ­—have themselves taken over the management of crime forums, using the intelligence gathered to put dozens of people behind bars.

So ubiquitous has the FBI informant network become that Eric Corley, who publishes the hacker quarterly, 2600, has estimated that 25% of hackers in the US may have been recruited by the federal authorities to be their eyes and ears. “Owing to the harsh penalties involved and the relative inexperience with the law that many hackers have, they are rather susceptible to intimidation,” Corley told the Guardian.

But if I were the FBI, I would want everyone to believe that it’s true.

Posted on June 8, 2011 at 3:46 PM • View Comments

New French Law Reduces Website Security

I didn’t know about this:

The law obliges a range of e-commerce sites, video and music services and webmail providers to keep a host of data on customers.

This includes users’ full names, postal addresses, telephone numbers and passwords. The data must be handed over to the authorities if demanded.

Police, the fraud office, customs, tax and social security bodies will all have the right of access.

The social benefits of anonymity aside, we’re all more secure if these websites do not have a file of everyone’s plaintext password.

EDITED TO ADD (4/12): Seems that the BBC article misstated the law. Companies have to retain information they already collect for a year after it is no longer required. So if they’re not already storing plaintext passwords, they don’t have to start.

Posted on April 11, 2011 at 1:20 PM • View Comments

Optical Stun Ray

It’s been patented; no idea if it actually works.

…newly patented device can render an assailant helpless with a brief flash of high-intensity light. It works by overloading the neural networks connected to the retina, saturating the target’s world in a blinding pool of white light. “It’s the inverse of blindness—the technical term is a loss of contrast sensitivity,” says Todd Eisenberg, the engineer who invented the device. “The typical response is for the person to freeze. Law enforcement can easily walk up and apprehend [the suspect].”

Posted on April 7, 2011 at 6:29 AM • View Comments

Pickpockets are a Dying Breed

Pickpockets in America are dying out. This is the bit I found interesting:

And perhaps most important, the centuries-old apprenticeship system underpinning organized pickpocketing has been disrupted. Pickpocketing has always perpetuated itself by having older hooks­—nicknamed “Fagins,” after the crime boss in Oliver Twist—teach younger ones the art, and then absorbing them into canons. But due to ratcheted-up law enforcement measures, including heftier sentences (in some states, a pick, defined as theft from the body of another person and charged as a felony regardless of the amount taken) and better surveillance of hot spots and known pickpockets, that system has been dismantled.

This is not the case in Europe, where pickpocketing has been less of a priority for law enforcement and where professionals from countries like Bulgaria and Romania, each with storied traditions of pickpocketing, are able to travel more freely since their acceptance into the European Union in 2007, developing their organizations and plying their trade in tourist hot spots like Barcelona, Rome, and Prague. “The good thieves in Europe are generally 22 to 35,” says Bob Arno, a criminologist and consultant who travels the world posing as a victim to stay atop the latest pickpocketing techniques and works with law enforcement agencies to help them battle the crime. “In America they are dying off, or they had been apprehended so many times that it’s easier for law enforcement to track them and catch them.”

Posted on March 3, 2011 at 6:35 AM • View Comments

Recording the Police

I’ve written a lot on the “War on Photography,” where normal people are harassed as potential terrorists for taking pictures of things in public. This article is different; it’s about recording the police:

Allison’s predicament is an extreme example of a growing and disturbing trend. As citizens increase their scrutiny of law enforcement officials through technologies such as cell phones, miniature cameras, and devices that wirelessly connect to video-sharing sites such as YouTube and LiveLeak, the cops are increasingly fighting back with force and even jail time—and not just in Illinois. Police across the country are using decades-old wiretapping statutes that did not anticipate iPhones or Droids, combined with broadly written laws against obstructing or interfering with law enforcement, to arrest people who point microphones or video cameras at them. Even in the wake of gross injustices, state legislatures have largely neglected the issue. Meanwhile, technology is enabling the kind of widely distributed citizen documentation that until recently only spy novelists dreamed of. The result is a legal mess of outdated, loosely interpreted statutes and piecemeal court opinions that leave both cops and citizens unsure of when recording becomes a crime.

This is all important. Being able to record the police is one of the best ways to ensure that the police are held accountable for their actions. Privacy has to be viewed in the context of relative power. For example, the government has a lot more power than the people. So privacy for the government increases their power and increases the power imbalance between government and the people; it decreases liberty. Forced openness in government—open government laws, Freedom of Information Act filings, the recording of police officers and other government officials, WikiLeaks—reduces the power imbalance between government and the people, and increases liberty.

Privacy for the people increases their power. It also increases liberty, because it reduces the power imbalance between government and the people. Forced openness in the people—NSA monitoring of everyone’s phone calls and e-mails, the DOJ monitoring everyone’s credit card transactions, surveillance cameras—decreases liberty.

I think we need a law that explicitly makes it legal for people to record government officials when they are interacting with them in their official capacity. And this is doubly true for police officers and other law enforcement officials.

EDITED TO ADD: Anthony Graber, the Maryland motorcyclist in the article, had all the wiretapping charges cleared.

Posted on December 21, 2010 at 1:39 PM • View Comments

The Mahmoud al-Mabhouh Assassination

Remember the Mahmoud al-Mabhouh assassination last January? The police identified 30 suspects, but haven’t been able to find any of them.

Police spent about 10,000 hours poring over footage from some 1,500 security cameras around Dubai. Using face-recognition software, electronic-payment records, receipts and interviews with taxi drivers and hotel staff, they put together a list of suspects and publicized it.

Seems ubiquitous electronic surveillance is no match for a sufficiently advanced adversary.

Posted on October 12, 2010 at 6:12 AM • View Comments

Misidentification and the Court System

Chilling:

How do most wrongful convictions come about?

The primary cause is mistaken identification. Actually, I wouldn’t call it mistaken identification; I’d call it misidentification, because you often find that there was some sort of misconduct by the police. In a lot of cases, the victim initially wasn’t so sure. And then the police say, “Oh, no, you got the right guy. In fact, we think he’s done two others that we just couldn’t get him for.” Or: “Yup, that’s who we thought it was all along, great call.”

It’s disturbing that misidentifications still play such a large role in wrongful convictions, given that we’ve known about the fallibility of eyewitness testimony for over a century.

In terms of empirical studies, that’s right. And 30 or 40 years ago, the Supreme Court acknowledged that eyewitness identification is problematic and can lead to wrongful convictions. The trouble is, it instructed lower courts to determine the validity of eyewitness testimony based on a lot of factors that are irrelevant, like the certainty of the witness. But the certainty you express [in court] a year and half later has nothing to do with how certain you felt two days after the event when you picked the photograph out of the array or picked the guy out of the lineup. You become more certain over time; that’s just the way the mind works. With the passage of time, your story becomes your reality. You get wedded to your own version.

And the police participate in this. They show the victim the same picture again and again to prepare her for the trial. So at a certain point you’re no longer remembering the event; you’re just remembering this picture that you keep seeing.

Posted on August 30, 2010 at 12:05 PM • View Comments

Filming the Police

In at least three U.S. states, it is illegal to film an active duty policeman:

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

Massachusetts attorney June Jensen represented Simon Glik who was arrested for such a recording. She explained, “[T]he statute has been misconstrued by Boston police. You could go to the Boston Common and snap pictures and record if you want.” Legal scholar and professor Jonathan Turley agrees, “The police are basing this claim on a ridiculous reading of the two-party consent surveillance law—requiring all parties to consent to being taped. I have written in the area of surveillance law and can say that this is utter nonsense.”

The courts, however, disagree. A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler’s license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

This is a horrible idea, and will make us all less secure. I wrote in 2008:

You cannot evaluate the value of privacy and disclosure unless you account for the relative power levels of the discloser and the disclosee.

If I disclose information to you, your power with respect to me increases. One way to address this power imbalance is for you to similarly disclose information to me. We both have less privacy, but the balance of power is maintained. But this mechanism fails utterly if you and I have different power levels to begin with.

An example will make this clearer. You’re stopped by a police officer, who demands to see identification. Divulging your identity will give the officer enormous power over you: He or she can search police databases using the information on your ID; he or she can create a police record attached to your name; he or she can put you on this or that secret terrorist watch list. Asking to see the officer’s ID in return gives you no comparable power over him or her. The power imbalance is too great, and mutual disclosure does not make it OK.

You can think of your existing power as the exponent in an equation that determines the value, to you, of more information. The more power you have, the more additional power you derive from the new data.

Another example: When your doctor says “take off your clothes,” it makes no sense for you to say, “You first, doc.” The two of you are not engaging in an interaction of equals.

This is the principle that should guide decision-makers when they consider installing surveillance cameras or launching data-mining programs. It’s not enough to open the efforts to public scrutiny. All aspects of government work best when the relative power between the governors and the governed remains as small as possible—when liberty is high and control is low. Forced openness in government reduces the relative power differential between the two, and is generally good. Forced openness in laypeople increases the relative power, and is generally bad.

EDITED TO ADD (7/13): Another article. One jurisdiction in Pennsylvania has explicitly ruled the opposite: that it’s legal to record police officers no matter what.

Posted on June 16, 2010 at 1:36 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.