Entries Tagged "police"

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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 AMView 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 PMView 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 PMView Comments

Dating Recordings by Power Line Fluctuations

Interesting:

The capability, called “electrical network frequency analysis” (ENF), is now attracting interest from the FBI and is considered the exciting new frontier in digital forensics, with power lines acting as silent witnesses to crime.

In the “high profile” murder trial, which took place earlier this year, ENF meant prosecutors were able to show that a seized voice recording that became vital to their case was authentic. Defence lawyers suggested it could have been concocted by a witness to incriminate the accused.

[…]

ENF relies on frequency variations in the electricity supplied by the National Grid. Digital devices such as CCTV recorders, telephone recorders and camcorders that are plugged in to or located near the mains pick up these deviations in the power supply, which are caused by peaks and troughs in demand. Battery-powered devices are not immune to to ENF analysis, as grid frequency variations can be induced in their recordings from a distance.

At the Metropolitan Police’s digital forensics lab in Penge, south London, scientists have created a database that has recorded these deviations once every one and a half seconds for the last five years. Over a short period they form a unique signature of the electrical frequency at that time, which research has shown is the same in London as it is in Glasgow.

On receipt of recordings made by the police or public, the scientists are able to detect the variations in mains electricity occurring at the time the recording was made. This signature is extracted and automatically matched against their ENF database, which indicates when it was made.

The technique can also uncover covert editing—or rule it out, as in the recent murder trial—because a spliced recording will register more than one ENF match.

Posted on June 16, 2010 at 7:00 AMView Comments

New York Police Protect Obama from Bicycles

They were afraid that they might contain pipe bombs.

This is the correct reaction:

In any case, I suspect someone somewhere just panicked at the possibility that something might explode near the President on his watch, since the whole operation has the finesse of a teenage stoner shoving his pot paraphernalia under the bed and desperately trying to clear the air with a copy of “Maxim” when he hears his parents coming home.

Seems that it’s legal:

When asked by Gothamist, their precinct contact replied: “No, they just did this because the president was coming and they didn’t want anything on the sidewalks. You’re not supposed to lock you bike to signposts anyway, they have those new bike racks you’re supposed to use.”

I’ll bet you anything that they didn’t leave the bicycles that were locked to the racks.

Posted on April 27, 2010 at 6:27 AMView Comments

Guide to Microsoft Police Forensic Services

The “Microsoft Online Services Global Criminal Compliance Handbook (U.S. Domestic Version)” (also can be found here, here, and here) outlines exactly what Microsoft will do upon police request. Here’s a good summary of what’s in it:

The Global Criminal Compliance Handbook is a quasi-comprehensive explanatory document meant for law enforcement officials seeking access to Microsoft’s stored user information. It also provides sample language for subpoenas and diagrams on how to understand server logs.

I call it “quasi-comprehensive” because, at a mere 22 pages, it doesn’t explore the nitty-gritty of Microsoft’s systems; it’s more like a data-hunting guide for dummies.

When it was first leaked, Microsoft tried to scrub it from the Internet. But they quickly realized that it was futile and relented.

Lots more information.

Posted on March 9, 2010 at 6:59 AMView Comments

More Surveillance in the UK

This seems like a bad idea:

Police in the UK are planning to use unmanned spy drones, controversially deployed in Afghanistan, for the “routine” monitoring of antisocial motorists, protesters, agricultural thieves and fly-tippers, in a significant expansion of covert state surveillance.

Once again, laws and technologies deployed against terrorism are used against much more mundane crimes.

Posted on January 26, 2010 at 7:16 AMView Comments

A Critical Essay on the TSA

A critical essay on the TSA from a former assistant police chief:

This is where I find myself now obsessing over TSA policy, or its apparent lack. Every one of us goes to work each day harboring prejudice. This is simply human nature. What I have witnessed in law enforcement over the course of the last two decades serves to remind me how active and passive prejudice can undermine public trust in important institutions, like police agencies. And TSA.

Over the last fifteen years or so, many police agencies started capturing data on police interactions. The primary purpose was to document what had historically been undocumented: informal street contacts. By capturing specific data, we were able to ask ourselves tough questions about potentially biased-policing. Many agencies are still struggling with the answers to those questions.

Regardless, the data permitted us to detect problematic patterns, commonly referred to as passive discrimination. This is a type of discrimination that occurs when we are not aware of how our own biases affect our decisions. This kind of bias must be called to our attention, and there must be accountability to correct it.

One of the most troubling observations I made, at both Albany and BWI, was that—aside from the likely notation in a log (that no one will ever look at)—there was no information captured and I was asked no questions, aside from whether or not I wanted to change my mind.

Given that TSA interacts with tens if not hundreds of millions of travelers each year, it is incredible to me that we, the stewards of homeland security, have failed to insist that data capturing and analysis should occur in a manner similar to what local police agencies have been doing for many years.

EDITED TO ADD (11/12): Follow-on essay by the same person.

Posted on October 29, 2009 at 6:41 AMView Comments

The Futility of Defending the Targets

This is just silly:

Beaver Stadium is a terrorist target. It is most likely the No. 1 target in the region. As such, it deserves security measures commensurate with such a designation, but is the stadium getting such security?

[..]

When the stadium is not in use it does not mean it is not a target. It must be watched constantly. An easy solution is to assign police officers there 24 hours a day, seven days a week. This is how a plot to destroy the Brooklyn Bridge was thwarted—police presence. Although there are significant costs to this, the costs pale in comparison if the stadium is destroyed or damaged.

The idea is to create omnipresence, which is a belief in everyone’s minds (terrorists and pranksters included) that the stadium is constantly being watched so that any attempt would be futile.

Actually, the Brooklyn Bridge plot failed because the plotters were idiots and the plot—cutting through cables with blowtorches—was dumb. That, and the all-too-common police informant who egged the plotters on.

But never mind that. Beaver Stadium is Pennsylvania State University’s football stadium, and this article argues that it’s a potential terrorist target that needs 24/7 police protection.

The problem with that kind of reasoning is that it makes no sense. As I said in an article that will appear in New Internationalist:

To be sure, reasonable arguments can be made that some terrorist targets are more attractive than others: aeroplanes because a small bomb can result in the death of everyone aboard, monuments because of their national significance, national events because of television coverage, and transportation because of the numbers of people who commute daily. But there are literally millions of potential targets in any large country (there are five million commercial buildings alone in the US), and hundreds of potential terrorist tactics; it’s impossible to defend every place against everything, and it’s impossible to predict which tactic and target terrorists will try next.

Defending individual targets only makes sense if the number of potential targets is few. If there are seven terrorist targets and you defend five of them, you seriously reduce the terrorists’ ability to do damage. But if there are a million terrorist targets and you defend five of them, the terrorists won’t even notice. I tend to dislike security measures that merely cause the bad guys to make a minor change in their plans.

And the expense would be enormous. Add up these secondary terrorist targets—stadiums, theaters, churches, schools, malls, office buildings, anyplace where a lot of people are packed together—and the number is probably around 200,000, including Beaver Stadium. Full-time police protection requires people, so that’s 1,000,000 policemen. At an encumbered cost of $100,000 per policeman per year, probably a low estimate, that’s a total annual cost of $100B. (That’s about what we’re spending each year in Iraq.) On the other hand, hiring one out of every 300 Americans to guard our nation’s infrastructure would solve our unemployment problem. And since policemen get health care, our health care problem as well. Just make sure you don’t accidentally hire a terrorist to guard against terrorists—that would be embarrassing.

The whole idea is nonsense. As I’ve been saying for years, what works is investigation, intelligence, and emergency response:

We need to defend against the broad threat of terrorism, not against specific movie plots. Security is most effective when it doesn’t make arbitrary assumptions about the next terrorist act. We need to spend more money on intelligence and investigation: identifying the terrorists themselves, cutting off their funding, and stopping them regardless of what their plans are. We need to spend more money on emergency response: lessening the impact of a terrorist attack, regardless of what it is. And we need to face the geopolitical consequences of our foreign policy and how it helps or hinders terrorism.

Posted on October 9, 2009 at 6:37 AMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.