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Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
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  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
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    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
Paul Merrell

AP News : UK police spied on reporters for years, docs show - 0 views

  • Freelance video journalist Jason Parkinson returned home from vacation this year to find a brown paper envelope in his mailbox. He opened it to find nine years of his life laid out in shocking detail.Twelve pages of police intelligence logs noted which protests he covered, who he spoke to and what he wore - all the way down to the color of his boots. It was, he said, proof of something he'd long suspected: The police were watching him."Finally," he thought as he leafed through documents over a strong black coffee, "we've got them."Parkinson's documents, obtained through a public records request, are the basis of a lawsuit being filed by the National Union of Journalists against London's Metropolitan police and Britain's Home Office. The lawsuit, announced late Thursday, along with recent revelations about the seizure of reporters' phone records, is pulling back the curtain on how British police have spent years tracking the movements of the country's news media.
  • Parkinson, three photographers, an investigative journalist and a newspaper reporter are filing the lawsuit after obtaining their surveillance records. Parkinson, a 44-year-old freelancer who has covered hundreds of protests - some of them for The Associated Press - said he and his colleagues had long suspected that the police were monitoring them."police officers we'd never even met before knew our names and seemed to know a hell of a lot about us," he said.Several journalists told AP the records police kept on them were sometimes startling, sometimes funny and occasionally wrong.
  • Jess Hurd, a 41-year-old freelance photographer and Parkinson's partner, said she was worried the intelligence logs were being shared internationally."I go to a lot of countries on assignment," she said. "Where are these database logs being shared? Who with, for what purpose?"The revelations add to public disclosures about British police secretly seizing journalists' telephone records in leak investigations. Several senior officers have recently acknowledged using anti-terrorism powers to uncover journalists' sources by combing through the records.
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  • Union statement: https://www.nuj.org.uk/news/nuj-members-under-police-surveillance-mount-collective-legal/
Paul Merrell

War Comes Home: The Excessive Militarization of American Policing | American Civil Liberties Union - 0 views

  • All across the country, heavily armed SWAT teams are raiding people’s homes in the middle of the night, often just to search for drugs. It should enrage us that people have needlessly died during these raids, that pets have been shot, and that homes have been ravaged. Our neighborhoods are not warzones, and police officers should not be treating us like wartime enemies. Any yet, every year, billions of dollars’ worth of military equipment flows from the federal government to state and local police departments. Departments use these wartime weapons in everyday policing, especially to fight the wasteful and failed drug war, which has unfairly targeted people of color. As our new report makes clear, it’s time for American police to remember that they are supposed to protect and serve our communities, not wage war on the people who live in them.
  • t is widely known that policing tactics across the country often unfairly target communities of color. According to our investigation, the use of paramilitary weapons and tactics appears to be no different. These maps show the distribution of SWAT raids by racial composition of neighborhoods in two cities, but this trend is echoed nationwide. Read the complete report for more.
  • It’s not uncommon for SWAT teams to brutalize bystanders in their search for a suspect. One family in Atlanta was woken up in the middle of the night when officers burst into their home and threw a flashbang grenade into the playpen where a toddler was sleeping. This is their story.  
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  • Nearly 80% of the SWAT raids the ACLU studied were conducted to serve search warrants, usually in drug cases. With public support for the War on Drugs at an all-time low, police are using hyper-aggressive, wartime tools and tactics to fight a war that has lost its public mandate.
  • Hyper-aggressive policing won’t go away simply by identifying a couple “bad apples” or dismissing the problem as a few isolated instances. As this map makes clear, excessive militarization is a nationwide trend.
  • Not every situation requires 20 heavily armed SWAT officers and an armored personnel carrier. And yet, we collected reports of full deployments to homes where no contraband was found, where there was no clear reason for thinking the people inside would be armed or awake, and where children and the elderly were present. We need to ensure that hyper-aggressive tools and tactics are only used in situations where they are truly necessary to protect people. It’s also time to push for greater transparency and ensure that the federal government is not incentivizing the militarization of our state and local police.
Paul Merrell

Tacoma, Wash. police use 'Stingray' system to sweep cellphone data | Al Jazeera America - 0 views

  • A Washington state police department just south of Seattle has for years been quietly using controversial surveillance equipment that can collect records of all cellphone calls, text messages and data transfers within a half-mile radius, according to local media. The Stingray surveillance system, deployed by the Tacoma police Department since 2009, “tricks cellphones into thinking it’s a cell tower and draws in their information,” local news website The Olympian reported Wednesday. The device is reportedly capable of indiscriminate data collection, which worries civil rights advocates. The American Civil Liberties Union (ACLU) said it has identified at least 43 police departments in 18 states that use Stingray equipment. The rights group said on its website that police use of such a device may violate the U.S. Constitution's Fourth Amendment, and with taxpayers’ money.
  • "The result is that police gather the electronic serial numbers and other information about phones, as well as the direction and strength of each phone's signal, allowing precise location tracking,” the ACLU said. “Stingrays can also gather information about people's communications, such as which phone numbers they call. Because we carry our cellphones with us virtually everywhere we go, Stingrays can paint a precise picture of where we are and who we spend time with, including our location in a lover's house, in a psychologist's office or at a political protest." Tacoma police Department’s Assistant police Chief Kathy McAlpine said that officers only use Stingray with permission from a judge, and that they do not collect data. “It is used in felony-level crimes to locate suspects wanted for crimes such as homicide, rape, robbery, kidnapping, and narcotics trafficking,” McAlpine said. The department said the device has been used nearly 200 times since June.
  • The Tacoma City Council approved buying an updated version of the equipment in March 2013 on the grounds that it would be used to find improvised explosive devices. McAlpine said they have never used the Stingray to locate such a device. Civil rights groups said they are concerned about the possibility of indiscriminate data collection, and worry that police could store the data of innocent citizens. “They are essentially searching the homes of innocent Americans to find one phone used by one person,” said Christopher Soghoian, principal technologist with the ACLU in Washington, D.C. “It’s like they’re kicking down the doors of 50 homes and searching 50 homes because they don’t know where the bad guy is.” A similar controversy erupted in nearby Seattle last November, when  alternative news website The Stranger reported that a new apparatus capable of geo-locating and tracking the movement of any wireless device that passes it was quietly installed in a Seattle neighborhood.
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  • The U.S. Supreme Court unanimously ruled in June that warrantless searches of cellphone data were illegal in most cases. It is unclear how the ruling would apply to such a device that is capable of indiscriminate data collection, but police say it is not used for that purpose.
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Illegally Using Stingrays to Disrupt Cellular Communications | Electronic Frontier Foundation - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every Police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

North Dakota Allows Cops To Arm Their Drones With Tasers And Tear Gas | ThinkProgress - 0 views

  • There’s a new sheriff on the high plains. Or rather, just above them. North Dakota’s police agencies can fly drones armed with Tasers, tear gas, bean-bag cannons, and other “less-lethal” weapons, thanks to fierce lobbying from the law enforcement industry on a bill that was initially meant to restrict police use of the flying robots rather than outfit them with weapons. While other local police departments have flirted with weaponizing their drones, North Dakota is the first state to explicitly allow the armaments. When State Rep. Rick Becker introduced H.B. 1328, the law both banned weaponized drones and established a procedure for law enforcement to seek a warrant before using drones in searches. Only the warrant requirement survived. After stiff lobbying and a multi-stage public relations effort by law enforcement and drone proponents, first reported by The Daily Beast, the version of the bill that ultimately passed authorized police to arm their unmanned aerial vehicles with sound cannons, pepper spray, and other weapons not designed to kill. The weaponization of law enforcement drones could facilitate police abuse of force. Military drone pilots can develop a “Playstation mentality” toward their deadly work, according to United Nations official. The physical remove of a drone pilot desensitizes him, the thinking goes, and makes it easier to be rash about deploying his armaments. Pilots themselves contest this desensitization claim, however, and there’s reason to think military drone operators experience post-traumatic stress disorder despite sitting far from the battlefield.
  • Police drones won’t have Hellfire missiles, of course. But the weapons North Dakota’s law enforcement drones are authorized to use under state law are still capable of causing serious injury and death. 39 people have been killed by Police Tasers in 2015 thusfar, according to The Guardian. Rubber bullets can kill, and most non-lethal weapons can inflict grievous and lasting harm. Law enforcement operations are already monitoring civil rights activists affiliated with the Black Lives Matter movement, using a combination of undercover officers, social media snooping, and cell phone monitoring technology called Stingray. An FBI-provided aerial surveillance plane was also on hand during the unrest in Baltimore following the killing of Freddie Gray by Police. Should drones equipped with remote-controlled Tasers and tear gas come into wider use, it seems likely they’d be incorporated into crowd control and demonstration monitoring efforts. In such uses, officers far from the scene of unrest could make bloodless decisions about how to deploy drone weaponry, potentially escalating tense situations.
Paul Merrell

Judge bars release of 2013 videos of fatal shooting by Chicago cops -- for now - Chicago Tribune - 0 views

  • s Mayor Rahm Emanuel was apologizing Wednesday for the broken system of police accountability exposed by the Laquan McDonald case, city attorneys argued before a federal judge that footage of an officer fatally shooting a 17-year-old carjacking suspect nearly three years ago should be kept from public view.Lawyers for Cedrick Chatman's family allege the videos of his January 2013 killing contradict statements from police that Chatman had turned and pointed a dark object at police as he ran, prompting Officer Kevin Fry to fire in fear of his life. City attorneys argue releasing the footage — which they described as low-quality and incomplete — could inflame the public and jeopardize a fair trial.At a brief hearing Wednesday, U.S. District Judge Robert Gettleman said the records should stay sealed for the time being. But the judge said he would likely lift the protective order next month if he was going to be asked to consider the videos in any pretrial rulings, a move that would automatically make them part of the public record.
  • "If it's likely going to come out through pretrial motions, then there really is no reason to wait," said Gettleman, who set a hearing on the issue for Jan. 14.Gettleman's ruling came three weeks after police dash-cam video of 17-year-old McDonald being shot 16 times by Officer Jason Van Dyke went viral, sparking protests and leading to the resignations of both police Superintendent Garry McCarthy and Scott Ando, who headed the Independent police Review Authority, which has drawn criticism for its lax enforcement on excessive-force complaints.
  • Earlier this year, Lorenzo Davis, the IPRA supervisor who headed up the Chatman probe, filed a federal lawsuit alleging he was fired by Ando for concluding that officers in several shootings — including Chatman's — were not justified in using lethal force.Davis, who viewed the surveillance video as part of the IPRA inquiry, told the Tribune last month he did not see Chatman aim at or turn toward the officers."Cedrick was just running as the shots were fired," Davis said. "You're taught that deadly force is a last resort and that you should do everything in your power to apprehend the person before you use deadly force. I did not see where deadly force was called for at that time."An investigator on Davis' team alleged that Fry violated the department's deadly force policy, but that claim was ruled "unfounded" in the final IPRA report.
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    If the videos "could inflame the public and jeopardize a fair trial," then they must show a different story than the police have been telling, yes? 
Paul Merrell

The Pentagon's slush fund is arming a War Zone on Main Street. Let's end the local-cop addiction to backyard battle | Sadhbh Walshe | Comment is free | theguardian.com - 0 views

  • What many other communities across America have learned since is that we're living in what the writer Radley Balko calls the age of the "warrior cop". And when warrior cops want a straight-outta-Baghdad toy, it's increasingly and unnecessarily simple for them to use a federally enabled slush-fund to wreak havoc – particularly against minorities, and even at a pumpkin festival. It's also pretty simple to start accounting for all the high-tech violence."Before another small town's police force gets a $700,000 gift from the Defense Department that it can't maintain or manage," Rep Hank Johnson of Georgia told me this week, "we need to press pause and revisit the merits of a militarized America."
  • The ACLU released a devastating report this week examining more than 800 incidents of Swat team deployments conducted by 20 law enforcement agencies between 2010 and 2013. It's a small sample of the estimated 45,000 deployments that occur in the US each year (up from 1,400% from the '80s), but the report reveals a picture of law enforcement as flash-bang assault unit, with hardly an actual suspect in harm's way: pandemonium in a baby's crib; a grandfather of 12 killed by a discharged gun; Swat officers gunning down a mother as she died, child in her arms. According to the ACLU study, 79% of the incidents surveyed involved a Swat team searching a person's home, and more than 62% of the cases involved searches for drugs. That's not what Swat teams were made for.America is winding down wars abroad – depending on what the hell happens in Iraq, of course – but we are fueling an addiction to armed conflict here at home.As Balko notes in his book, The Rise of the Warrior Cop, "America's cops have increasingly come to resemble ground troops."
  • But the federal government has been enabling even more localized branches of law enforcement to get its hands on heavy-duty artillery for the last 20 years, when the Reagan administration formalized the Pentagon's so-called 1033 Program. It sends "excess" military equipment to local police departments, and combined with the Homeland Security operation that provides grants to purchase such equipment, we've got a veritable firearms sale funnelling from Washington on down to the local station house. And when local law enforcement is making hundreds of thousands of dollars off seized drug money – sometimes illegally – you've got the makings of a War Zone on Main Street.Rep Johnson has plans to introduce a bill that would reform the 1033 Program, which donated at least $500bn per year in military gear to virtually every police department in the country. "We not only lack serious oversight and accountability," Johnson wrote me in an email on Tuesday, "but we need some parameters put in place for what is appropriate." His legislation would put limitations on the transfer of certain kinds of military-grade equipment, and require the Pentagon to account for transfers of all such equipment in an annual report to Congress.
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  • The ACLU also made several recommendations in its report – state laws to restrain Swat teams, plus transparency and strict oversight – that all make sense, as do training sessions for more of our trigger-happy "rescue" officers. But this was perhaps the most endemic part of that report:Overall, 42% of people impacted by a Swat deployment to execute a search warrant were black and 12% were Latino. This means that of the people impacted by deployments for warrants, at least 54% were minorities.Whether this is by accident or design, the racial reality of America's militarized law enforcement offers yet another compelling reason why the dangerous trend of warrior-style policing needs to be re-examined – and then reversed.When the first Swat team was deployed in the late '60s, its target was a single remaining cell of the Black Panthers. Nearly half a century later, all the nation's a theater, and we are merely the pumpkin eaters – with half a million bucks worth of smashing, exploding, high-artillery gear for the taking.
Paul Merrell

Federal Bureau of Investigation - Cincinnati [...] (via noodls) / Former Columbus Police Officer Sentenced for Embezzling from Defense Department Surplus Program - 0 views

  • COLUMBUS, OH-Former Columbus Police Officer Steven Edward Dean, 49, of Columbus, was sentenced in U.S. District Court to 30 months in prison for misappropriating and selling heavy equipment and other property the Columbus Division of Police received through a Department of Defense surplus program. Carter M. Stewart, U.S. Attorney for the Southern District of Ohio; Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI); Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS); and Columbus Police Chief Kim Jacobs announced the sentence handed down today by U.S. District Judge Michael H. Watson. According to court documents, an investigation by the Columbus Division of Police, the FBI and DCIS concluded that between October 1, 2005 and June 1, 2012, Dean diverted property with a fair market value of $251,570.94 the Police department had received from the Defense Reutilization Marketing Office (DRMO) program. The embezzled items included $133,554.59 of heavy equipment, construction equipment, and vehicles; restaurant equipment; $94,163.25 of materials sold for scrap; and $16,353.15 worth of items, including diesel generators, sold to private persons. This conclusion was based on records obtained from the U.S. Department of Defense DRMO program, the state of Ohio offices involved with the DRMO program, scrapyard receipts, Craigslist online point-of-sale website records, restaurant supply records of sold equipment, and by viewing the items of property themselves.
  • Federal Bureau of Investigation - Cincinnati Field Office 08/13/2014 | Press release Former Columbus Police Officer Sentenced for Embezzling from Defense Department Surplus Program
  • "This is a major theft and embezzlement case involving a uniformed police officer stealing from his own department and involving property which should have otherwise been used to assist law enforcement, and all the equipment and vehicles were originally purchased with taxpayer dollars," Assistant U.S. Attorneys Doug Squires and Deborah Solove told the court prior to sentencing. "Today's sentencing demonstrates the Defense Criminal Investigative Service's ongoing commitment to combating fraud and corruption that impacts the Department of Defense's vital programs and operations," said Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), "DCIS, with our partner agencies, will continue to work tirelessly to investigate fraud involving the DoD's DRMO Law Enforcement Support Office which transfers excess property to law enforcement organizations across the United States." Dean pleaded guilty in February to one count of embezzlement from a program receiving federal funds and one count of theft of public property. Under terms of the plea agreement, Dean will forfeit $251,570.94 less the value of the recovered equipment. Dean was also sentenced to three years of supervised released following inprisonment. U.S. Attorney Stewart commended the investigation by DCIS, the FBI, and CPD, as well as Assistant U.S. Attorneys Doug Squires and Deborah Solove, who prosecuted the case.
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    Thanks for keeping us safe, Officer Dean. Related: http://www.dispositionservices.dla.mil/leso/Pages/default.aspx (DoD section1033 law enforcement donation program) and http://www.law.cornell.edu/uscode/text/10/2576a ("Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is- (A) suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and (B) excess to the needs of the Department of Defense.") 
Paul Merrell

Israeli Police Recommend Netanyahu Be Indicted For Bribery | Zero Hedge - 0 views

  • Update: Bibi has responded, and - well - you see he was only stealing because it was in the country's interest: NETANYAHU SAYS HIS ONLY MOTIVE IS TO ADVANCE NATIONAL INTERESTS It gets better: NETANYAHU: POLICE RECOMMENDATIONS HAVE NO PLACE IN DEMOCRACY And then, denial, with the usual diversion that any attack on Netanyahu is an attack on Israel itself: NETANYAHU SAYS `TODAY IS NO DIFFERENT FROM ANY DAY' NETANYAHU SAYS INVESTIGATIONS AIM TO TOPPLE HIS GOVERNMENT NETANYAHU: POLICE RECOMMENDATIONS HAVE NO PLACE IN DEMOCRACY Spoken just like any corrupt politicians
  • After a 14-month-long investigation, Israeli police have reportedly recommended that Prime Minister Benjamin Netanyahu be indicted on charges of bribery and breach of trust.
  • As The Jerusalem Post reports, police say they have found enough evidence to recommend the state’s prosecution to indict Netanyahu in Case 1000, the “gifts affair" and Case 2000, the "Yediot Aharanot Affair." In Case 1000, the “gifts affair,” it is alleged that Netanyahu improperly accepted expensive gifts from different businessmen. In Case 2000, the “Yediot Aharonot affair,” Netanyahu allegedly negotiated with publisher Arnon “Noni” Mozes for favorable coverage of himself in Yediot Aharonot in exchange for support of a bill to weaken Israel Hayom, the largest circulation Hebrew-language paper and Yediot’s biggest competitor. At this stage, the prosecution and Attorney-General Avichai Mandelblit will examine the evidence that police collected throughout the investigations, and will later decide whether to actually indict the prime minister or not. Netanyahu will not be required at this point to resign from office. The law says that only after a peremptory Supreme Court verdict (meaning after an appeal was submitted and rejected), the prime minister must resign from office.
Paul Merrell

Lifting the 24 Hour Siege: Julian Assange, London's Metropolitan Police and Continued Detention | Global Research - Centre for Research on Globalization - 0 views

  • While things tend to get murky, sometimes by design, regarding the police presence outside the Ecuadorean embassy in London, the announcement that the city’s Metropolitan police would be lifting their twenty-four hour surveillance did surprise some. This was hardly to suggest that the police forces had lost interest in capturing Julian Assange.  What mattered here was that the costs in guarding Assange from a literal flight of fancy had simply become disproportionate, requiring a change of tact.  Over £12m in costs had been incurred since he skipped bail to avoid his Swedish sojourn, and irrespective of which side of the Assange side one was on, anger was mounting at a very conspicuously bloated project. The statement from the Metropolitan police was cool in its language.  “Like all public services, MPS resources are finite.  With so many different criminal, and other, threats to the city it protects, the current deployment of officers is no longer believed proportionate” (The Guardian, Oct 12). The siege, according to WikiLeaks spokesman Kristinn Hrafnsson, had not been lifted so much as reconstituted.  “My interpretation is that it has not been lifted. They are calling off the uniformed presence but escalating the covert operation and will arrest him if he steps outside off the embassy.”  Costs, in other words, were going to be moved off the books to un-uniformed personnel.
  • Having been granted political asylum for fears that he might be carted off to the US via Sweden to face the findings of an empanelled grand jury, he remains confined to the cramped quarters of the embassy.  Nor can he rely on new laws in the form of the Anti Social Behaviour, Crime and Policing Act 2014 that make an “accusation” – in this case, claims of sexual assault on two Swedish nationals in Sweden – insufficient to require extradition.  As the laws were passed after the fact, precisely motivated by the Assange imbroglio, the foreign and commonwealth office has deemed it inapplicable retrospectively.  Assange, as ever, continues to be the legal exception, a singular target of juridical manipulation. In the meantime, the UN working group on arbitrary detention (WGAD) has been considering Assange’s case, and it likely to find in his favour given its previous rulings of a deprivation of liberty when a person is forced to choose between confinement or the forfeiture of a fundamental right such as asylum.[1] It is also a principle that holds for the European Court of Human Rights and the UN High Commissioner for Refugees (UNHCR).  The latter defines detention as confinement “within a narrowly bounded or restricted location, including prisons, closed camps, detention facilities or airport transit zones, where freedom of movement is substantially curtailed, and where the only opportunity to leave this limited area is to leave the territory.”
  • [2] Submission to the Working Group on Arbitrary Detention by Mr. Julian Assange, available at: https://justice4assange.com/IMG/pdf/assange-wgad.pdf
Paul Merrell

Partnership between Facebook and police could make planning protests impossible - RT USA - 0 views

  • A partnership between police departments and social media sites discussed at a convention in Philadelphia this week could allow law enforcement to keep anything deemed criminal off the Internet—and even stop people from organizing protests. A high-ranking official from the Chicago police Department told attendees at a law enforcement conference on Monday that his agency has been working with a security chief at Facebook to block certain users from the site “if it is determined they have posted what is deemed criminal content,” reports Kenneth Lipp, an independent journalist who attended the lecture. Lipp reported throughout the week from the International Association of Chiefs of police conference, and now says that a speaker during one of the presentations suggested that a relationship exists between law enforcement and social media that that could be considered a form of censorship. According to Lipp, the unnamed CPD officer said specifically that his agency was working with Facebook to block users’ by their individual account, IP address or device, such as a cell phone or computer.
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    Here's a First Amendment conspiracy civil rights case waiting to happen. Prior restraints on speech are a very big constitutional no-no. When private actors such as Facebook staff conspire with government officials to violate federal rights, they are just as susceptible to a civil rights lawsuit as the government officials are. Query, does Mark Zuckerberg now know how to hire and effectively use competent lawyers? 
Paul Merrell

U.K. Police Confirm Ongoing Criminal Probe of Snowden Leak Journalists - 0 views

  • A secretive British police investigation focusing on journalists working with Edward Snowden’s leaked documents remains ongoing two years after it was quietly launched, The Intercept can reveal. London’s Metropolitan police Service has admitted it is still carrying out the probe, which is being led by its counterterrorism department, after previously refusing to confirm or deny its existence on the grounds that doing so could be “detrimental to national security.” The disclosure was made by police in a letter sent to this reporter Tuesday, concluding a seven-month freedom of information battle that saw the London force repeatedly attempt to withhold basic details about the status of the case. It reversed its position this week only after an intervention from the Information Commissioner’s Office, the public body that enforces the U.K.’s freedom of information laws.
Paul Merrell

Dozens of Turkish police detained for alleged spying on government | Reuters - 0 views

  • (Reuters) - Dozens of Turkish police including high-ranking officers were detained on Tuesday, accused of spying and illegal wire-tapping of Prime Minister Tayyip Erdogan and his inner circle in what the chief prosecutor said was a concocted probe of an alleged terrorist group. The former Istanbul anti-terror police chief, himself among those detained and led away in handcuffs, said the incident was entirely political, coming just a few weeks ahead of a presidential election in which Erdogan is standing.The operation follows a stream of purges targeting the police, judiciary and state institutions this year which government critics have condemned as a symptom of Erdogan's tightening grip.
  • olice conducted raids in 22 provinces, and officers involved in a separate government corruption probe which emerged in December and led to the departure of four ministers were among those detained, Turkish media reported.The officers were accused of making up an investigation into an alleged terrorist group named 'selam-tevhid' as a pretence to tap the phones of Erdogan, ministers and the head of the national intelligence agency."The order was given for the capture and detention of 76 police officers who were investigating the group named selam-tevhid but whose actual aims were spying," Istanbul chief prosecutor Hadi Salihoglu said in a written statement.He said the 'selam-tevhid' case, targeting 251 people, had been dismissed due to a lack of evidence after a three-year investigation during which 2,280 people were wire-tapped.Fifty-two of the 76 officers have so far been detained, and Turkish media published photos of former anti-terror police chiefs being led away in handcuffs by their colleagues.
  • The order was also given for the arrest of another 39 suspects, of whom 15 have so far been detained, over the wiretapping of around 250 people, including deputies, judges, journalists and senior bureaucrats, allegedly on the grounds of being members of an illegal group, the statement said.
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    Election season in Turkey.
Paul Merrell

Controversies - Unions Successfully Beat Back Movement to De-Militarize Police - AllGov - News - 0 views

  • Critics of the post-9/11 trend of militarizing police forces across the United States thought the controversy in Ferguson, Missouri, would provide the momentum to roll back the armoring up of officers. But then the police unions showed off their power in Washington and reform efforts fizzed. As Bloomberg’s David Weigel wrote, even one of the most outspoken opponents of the federal 1033 program, which provides military surplus equipment to law enforcement, suddenly stopped talking about demilitarizing the police after labor groups lobbied Congress. Senator Rand Paul (R-Kentucky) said in August: “We must demilitarize the police.” “The militarization of our law enforcement is due to an unprecedented expansion of government power in this realm,” Paul wrote in an op -ed. “It is one thing for federal officials to work in conjunction with local authorities to reduce or solve crime. It is quite another for them to subsidize it.”
  • Paul, however, has stopped making noise about changing 1033, as have other politicians. That’s because groups like the National Sheriffs Association and the Fraternal Order of Police (FOP) had their members make phone calls to senators and representatives telling them how important it was to use military-type weapons for public safety purposes. FOP Executive Director Jim Pasco told Weigel that the uproar over the shooting of Michael Brown was mostly “some members of Congress had kneejerk reactions to the optics of Ferguson or the rhetoric of Ferguson,” said Pasco. “They thought there was something problematic about the equipment they saw on the streets. In the intervening period, some of them have come to see that beauty is in the eye of the beholder. It’s not what the equipment looks like, it’s what its utility is,” Pasco said.
Paul Merrell

New York Police Have Used Stingrays Widely, New Documents Show - 0 views

  • The NYPD has used cell-site simulators, commonly known as Stingrays, more than 1,000 times since 2008, according to documents turned over to the New York Civil Liberties Union. The documents represent the first time the department has acknowledged using the devices. The NYPD also disclosed that it does not get a warrant before using a Stingray, which sweeps up massive amounts of data. Instead, the police obtain a “pen register order” from a court, more typically used to collect call data for a specific phone. Those orders do not require the police to establish probable cause. Additionally, the NYPD has no written policy guidelines on the use of Stingrays. Stingrays work by imitating cellphone towers. They force all nearby phones to connect to them, revealing the owners’ locations. That means they collect data on potentially hundreds of people. They are small enough to fit in a suitcase, or be mounted on a plane.
  • When they were originally developed in 2003, Stingrays were designed for military use. But in the past decade, they have increasingly been purchased by law enforcement agencies. According to the ACLU, Stingrays are used by at least 59 police departments in 23 states, and at least 13 federal agencies, including the DEA, FBI, and the IRS. Because most departments withhold information about Stingrays, these numbers likely underrepresent the total.
  • Stingrays have long been a topic of concern for privacy activists. “Cell-site simulators are powerful surveillance devices that can track people, including in their homes, and collect information on innocent bystanders,” said Mariko Hirose, a senior staff attorney at the NYCLU.  “If they are going to be used in communities the police should at minimum obtain a warrant and follow written policies.” Instead, law enforcement agencies have fought to keep Stingrays secret, even dropping criminal cases to avoid disclosing anything about them. The FBI has forced local police agencies to sign Stingray-related non-disclosure agreements, claiming that criminals and terrorists who know about Stingrays could take countermeasures against them. The increasing use of Stingrays, coupled with the lack of transparency, has alarmed civil liberties groups. “I think it’s critical to have transparency about the use of technology like Stingrays,” said Faiza Patel, an attorney with the Brennan Center for Justice. “That’s what allows courts, the public, and our elected officials to weigh in on the proper rules.”
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  • In September, the Department of Justice issued guidelines requiring its officers to seek probable cause warrants before using a Stingray. But the guidelines only applied to federal law enforcement agencies, not to state and local police, who have fought such a change. In one ongoing court case, the state of Maryland has argued that anyone who turns on their phone consents to having his or her location tracked. In November, Senator Ron Wyden, D-Ore., and Rep. Jason Chaffetz, R-Utah, introduced the GPS Act, a bill that would extend the Department of Justice’s guidelines to all law enforcement agencies. “Buying a smartphone shouldn’t be interpreted as giving the government a free pass to track your movements,” Wyden said.
Paul Merrell

Turkish Police and Protesters Clash in Istanbul's Taksim Square - NYTimes.com - 0 views

  • ISTANBUL — Taksim Square was engulfed in chaos on Tuesday night and into Wednesday morning as riot police using tear gas and water cannons forced thousands of protesters from the square, and Prime Minister Recep Tayyip Erdogan of Turkey struggled to contain a political crisis that has threatened the nation’s economy and paralyzed the government.
  • For nearly two weeks, the prime minister has remained largely defiant, demanding that protesters leave the square, placing armed police officers on standby to sweep the area and insisting that the demonstrations were nothing like the Arab Spring protests that ousted entrenched leaders. But as homemade firebombs and tear gas wafted in the city center it seemed that Mr. Erdogan and his supporters had miscalculated the opposition’s tenacity and conviction.
  • On Monday, he offered to talk on Wednesday — but then sent the police back to clear out the protesters. By Wednesday morning, the operation had succeeded, but anger over Mr. Erdogan’s handling of the protests had not abated. The Associated Press reported from Ankara that thousands of black-robed lawyers left courthouses around the country on Wednesday to protest the behavior of the police. And a group of protesters that had been invited to meet with Mr. Erdogan did not include representatives of Taksim Solidarity, an umbrella organization, which said in a statement reported by the Zaman newspaper that while “police violence” continued around Gezi Park, such meetings would produce nothing. The outcome of that meeting, which began late in the afternoon, was not immediately clear.
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  • Three people have been killed and at least 4,947 injured in the violence.
  • When the day began it appeared that the government had a cautious strategy aimed at reining in the protests by clearing the square, but leaving the demonstrators in the park. A Twitter message from the provincial governor, Huseyin Avni Mutlu, said, “This morning you are in the safe hands of your police brothers.” But there was so much distrust in the park that demonstrators began girding for an attack. Some scribbled their blood types on their arms in ink, in case they needed emergency care. Doctors in a makeshift medical tent were ready to tend to those suffering the effects of tear gas.
Paul Merrell

CNN apologizes for commentator who called WikiLeaks founder a 'pedophile' | McClatchy DC - 0 views

  • In fact, the pedophile allegation has little to do with Assange’s plight that has kept him in the embassy in London, which involves incidents in Stockholm in the summer of 2010.
  • Rather, it is a bizarre tale involving a Houston-based dating website and its global and well-funded efforts to discredit Assange around the globe. The byzantine saga involves disconnected telephones and mystery websites. The website, toddandclare.com, launched and ramped up its efforts against Assange during the U.S. presidential campaign, as WikiLeaks released hacked emails related to the campaign of Democratic nominee Hillary Clinton.Whoever is behind the dating site has marshaled significant resources to target Assange, enough to gain entry into a United Nations body, operate in countries in Europe, North America and the Caribbean, conduct surveillance on Assange’s lawyer in London, obtain the fax number of Canada’s prime minister and seek to prod a police inquiry in the Bahamas.The dating site’s campaign sought to thwart WikiLeaks’ efforts and discredit Assange, who played a role in a presidential campaign season that deeply divided the U.S. electorate and illuminated Russia as a major cyber adversary of the U.S. government.One part of toddandclare’s two-pronged campaign put a megaphone to unproven charges that Assange made contact with a young Canadian girl in the Bahamas through the internet with the intention of molesting her. The second part sought to entangle him in a plan to receive $1 million from the Russian government.
  • WikiLeaks claims the dating site is “a highly suspicious and likely fabricated” company. In turn, the company has lashed out at Assange and “his despicable activities against American national security,” and warned journalists to “check with your libel lawyers first before printing anything that could impact or endanger innocent people’s lives.”For nearly two months after the October allegations, toddandclare.com went off line. But it recently reappeared, repeating charges about the 8-year-old Canadian girl. The website did not immediately respond Thursday to a new query from McClatchy, and no respondent in the past has given a name or allowed telephone contact.The online company paints itself as all-American. Online material says its founders, Todd and Clare Hammond, “are an average American couple from Michigan, who met in the eighth grade.” In 2011, the company says, the Christian couple started an email dating service, and “have married 3,000 couples to date.” Their online network began in 2015, and a statement it filed to a U.N. body says it has “100,000+ female singles” in six countries. The company’s operating address is a warehouse loading dock in Houston. Its mail goes to a Houston drop box. Its phone numbers no longer work. WikiLeaks says Texas officials tell it the entity is not registered there either under toddandclare.com or a parent company, T&C Network Solutions.A person who answered emails to the website in November declined to identify him or herself.
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  • The people behind toddandclare.com persuaded a U.N. body known as the Global Compact to give it status as a participant in May, and it submitted an eight-page report to the U.N. group Oct. 4 carefully laying out its allegations against Assange. The firm was delisted by the U.N. body eight days later amid controversy over its claims. The report was later taken off the internet. An Australian lawyer, Melinda Taylor, said the report’s precise language raised additional suspicions at WikiLeaks, where she assists Assange in human rights litigation.“This is not a report that’s been drafted by a dating agency. It’s highly legalistic and very structured. It’s the language of someone who has drafted complex legal submissions,” she said.Under Todd Hammond’s name, the report alleged that Assange’s Swedish lawyer had reached out in June to offer Assange’s services on a campaign against rape in exchange for an undisclosed amount of bitcoin. It said the two sides held two videoconferences.Then came the bombshell: It said the company had ended ties with Assange following “pedophile crimes” he had committed in the Bahamas in late September. It charged that the victim was the 8-year-old daughter of a Canadian couple on a monthlong yachting vacation. The father went to police in Nassau on Sept. 28, the report claimed, charging that his family held video and chat logs showing Assange “internet grooming” the child and “propositioning the 8-year-old juvenile ‘to perform oral and anal sex acts.’ ”It said Assange made a connection to the child’s 22-year-old sister, who was a client of the online dating site, from his refuge in London, eventually gaining access to the young girl.
  • An assistant commissioner for the Royal Bahamas Police Force, Stephen Dean, said “there is no investigation” into any such incident and that the Police have received no evidence that such an incident occurred.“We got a phone call of someone giving us some information. But we never had a face-to-face. It could have been a hoax,” Dean said. “We don’t know.”If someone were in possession of video or chat logs about a pedophile crime, he or she did not provide them to Bahamian Police, Dean said, which he said would be odd: “If you have something so significant, I think you’d want to leave a report.”Assange’s Swedish lawyer, Per Samuelson, wrote to the U.N. body on Oct. 10 alleging that Hammond’s report against Assange was “entirely false” in all its facets and that he had had no contact with the dating site or Hammond.Even as authorities in the Bahamas dismissed the report, the dating site sent a fax Oct. 17 to Canadian Prime Minister Justin Trudeau saying the Canadian family had fled the Bahamas due to “anti-white, racist abuse by Bahamian Police.”“Julian Assange ... has started a smear campaign to claim our dating company is behind an elaborate scam. It is fully to be expected. Pedophiles are devious and cunning,” the fax said.The company said it would “continue to protect the family’s identity, until either the (Royal Bahamas Police Force) conduct a proper investigation, or hell freezes over. Whichever comes first.”
  • The fax was signed, “The Todd and Clare Team,” and left no way to contact the firm.While the founders of toddandclare.com say they’ve been in the matchmaking business since 2011, their internet presence dates only to September 2015 and really got going only early last year. Those who have done work for the company say they were kept at arm’s length.By summer, in the run-up to what many expected to be an “October surprise” from WikiLeaks to make an impact on the U.S. election, toddandclare.com began moving against Assange in multiple countries simultaneously. The DNC and a cyber-threat intelligence firm it had hired, CrowdStrike, were already fingering Russia as behind the hacks that would provide the fodder for WikiLeaks. They’d said in June that Russian hackers had access to DNC servers for about a year.A company representative, identifying herself as Hannah Hammond, emailed Assange’s Swedish and British legal agents offering $1 million for him to appear in a five-minute tongue-in-cheek television advertisement. In a subsequent exchange Sept. 19, the representative wrote that “the source of the $1,000,000 is the Russian government.”In a curious twist, she offered what she said were three facts about Assange’s London attorney that are “unknown to the public,” including details inside her home and an event in her son’s life, suggesting a capability to conduct surveillance.Taylor, the Assange lawyer, said the details appeared “to create the impression that the members of his team were under close surveillance and/or to bolster the bona fides of the claim that the offer was linked to a State. Its inclusion does appear quite menacing.”
  • A lawyer identifying himself only as “James” responded the next day, slamming the offer as an “elaborate scam designed to entrap” Assange and embarrass him for ties to Russia.The dating site representative sought to pull the veil off “James.”“Julian: We know it’s you writing. The offer expires at midnight, October 31st 2016,” she wrote back on Sept. 21, according to copies of the emails posted by WikiLeaks on its website.By early October, toddandclare.com went on the offensive. It filed a civil complaint in a British court against Assange, seeking 295 pounds sterling – about $359 – in damages because it said it could no longer use his services due to the “child sex offenses in Nassau.”The suit, said Taylor, Assange’s lawyer, “seems to be designed to evade defamation law in the U.K. They’ve put highly noxious information knowing that it would be made public.”The global tussle between the online dating company and WikiLeaks went public in mid-October when the anti-secrecy group voiced public doubt on whether toddandclare.com actually existed, or served only as a vehicle to attack Assange.
  • The announcement opened the gates for a disparate crew of internet sleuths – some motivated by hatred of Clinton and others impelled by support for WikiLeaks – to probe into the history of toddandclare.com, suspicious that the dating site might be an undercover operation with links to the Clinton campaign.Posting their findings on the discussion websites like Reddit.com, they unearthed some curious coincidences. A perusal into the archives of the internet revealed that the Hammonds had once occupied a San Francisco building later rented to a company, Premise Data, whose co-founder has ties to Clinton and her top supporters.Moreover, a telephone number once registered to a Todd Hammond later was registered to a former Premise employee, Aaron Dunn, although with a different area code.Premise co-founder David Soloff said such findings could only be coincidences.“I want to reiterate that Premise has no connection with this case. And beyond confirming that Aaron Dunn worked at Premise until 2014, I don’t know the answer to any of your questions,” Soloff wrote in an email.
Paul Merrell

Court to rule on cellphone privacy : SCOTUSblog - 0 views

  • Moving into another conflict between technology and privacy, the Supreme Court agreed on Friday afternoon to rule on police authority to search the contents of a cellphone they take from an individual they have arrested.  The Court accepted for review a state case and a federal case, involving differing versions of hand-held telephone capacity.
  • Both of the new cases on cellphone privacy involve the authority of police, who do not have a search warrant, to examine the data that is stored on a cellphone taken from a suspect at the time of arrest.  The two cases span the advance in technology of cellphones:  the government case, Wurie, involves the kind of device that is now considered old-fashioned — the simple flip phone.  The Riley case involves the more sophisticated type of device, which functions literally as a hand-held computer, capable of containing a great deal more personal information. The state case involves a San Diego man, David Leon Riley, convicted of shooting at an occupied vehicle, attempted murder, and assault with a semi-automatic weapon.  Riley was not arrested at the time of the shooting incident in August 2009; instead, he was arrested later, after he was stopped for driving with expired license plates.   police seized the cellphone he was carrying at the time of his arrest, and twice examined its contents, without a warrant. The data turned up evidence identifying him as a gang member out to kill members of a rival gang.  Other contents included a photo of him with a red car seen at the shooting site.  police were then able to trace calls, leading to a trail of evidence pointing to Riley as a participant in the shooting.  No one positively identified him, but the data from the cellphone search was put before the jury, which convicted him of all three counts.  He has been sentenced to fifteen years to life in prison.
  • Riley’s petition had posed a general question about whether the Fourth Amendment allowed police without a warrant to search “the digital contents of an individual’s cellphone seized from the person at the time of arrest.”  In granting review, the Court said it would only rule on this issue: “Whether evidence admitted at [his] trial was obtained in a search of [his] cellphone that violated [his] Fourth Amendment rights.” The government case involves a South Boston man, Brima Wurie.  In 2007, a police officer saw him make an apparent drug sale out of his car.  The officer confronted the buyer, turning up two bags of crack cocaine. He partially identified his drug source. Officers followed Wurie from the scene, and arrested him.  He was then taken to a police station, where the officers retrieved two cellphones.   One of the phones was receiving repeated calls from a number identified as Wurie’s home.  The officers checked the phone’s call log.  They traced him to his house.  The officers deemed the fact that he had cellphones with him as an indication that he carried out drug dealing with the use of such a device. He was convicted of being a felon who had a gun and ammunition, distributing crack cocaine, and possessing the crack with intent to distribute it  He sought to block the use of the evidence taken from his cellphone, but that failed.  He was convicted on all charges, and has been sentenced to 262 months in prison.
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  • Although the two cases raise the same constitutional issue, the Court did not consolidate them for review, so presumably there will be separate briefing and argument on each.  They probably would be argued one after the other, however.  The Court did not expedite the briefing schedule, but they still are expected to be heard in April.
Paul Merrell

LAPD scopes out Israeli drones, 'Big Data' solutions | Nation | Jewish Journal - 0 views

  • For the first nine days of February, eight of the Los Angeles Police Department’s top brass were 7,500 miles away from home, being shuttled around Israel in a minibus.
  • LAPD Deputy Chief Jose Perez, a good-natured 30-year veteran of the department who oversees its central bureau, tweeted updates at nearly every stop. On Feb. 2, he shared a group photo of the Los Angeles delegation visiting the corporate headquarters of Nice Systems, an Israeli security and cyber intelligence company that can intercept and instantly analyze video, audio and text-based communications. (A seemingly tongue-in-cheek inspirational poster on the wall behind them reads: “Every voice deserves to be heard.”)
  • The group visited private security firms and drone manufacturers, as well as the terror-prone Ashdod Port, a museum in Sderot full of old rockets shot from nearby Gaza (the same one United States President Barack Obama visited on his 2008 campaign trip to Israel), and a “safe city” underground control center in the large suburb of Rishon LeZion, which receives live streams from more than 1,000 cameras with license plate recognition installed throughout the city.
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  • Frank was joined by seven of his fellow command staff at the Big Data Intelligence Conference hosted by i-HLS in the beach town of Herzliya, Israel, on Feb. 6. “On behalf of my chief of police, Chief Charlie Beck, and the 13,000-plus sworn and non-sworn members of the Los Angeles police Department, a very heartfelt thanks to all of you for having me here,” Frank said in an opening statement for the conference, which brought together some of Israel’s — and the world’s — top cyber security and intelligence experts.
  • Frank said he was especially impressed by what he saw while visiting Israeli companies Nice Systems (as tweeted by Perez) and Verint, one of the companies whose services the National Security Administration (NSA) reportedly used in the infamous United States wiretapping scandal. Both companies already count the LAPD as a client. But, Frank said, “we’re looking at some of their additional solutions … They have a lot of new technologies that we are very much interested in.” Nice System’s  president of security, Yaron Tchwella, spoke at the conference about the company’s ability to help government agencies capture and store the billions of calls, emails, messages and social media posts that their populations generate each day, then analyze it in real time to detect potential threats.
  • Perez said he hoped the LAPD, too, would eventually be able to “use technology to incorporate all the systems that we have. That’s the wave of the future. We’re definitely looking at the ability to get that information out to the officers on the beat with a handheld. Something happens, and you’re looking at the handheld — almost like ‘The Bourne Supremacy’ — here’s a picture of the guy you’re looking for.”
  • Also in Khan’s crosshairs is Special Order 1, an LAPD policy that allows officers to document any otherwise lawful activity that they, or other members of the community, deem suspicious. (Including, for example, the photographing of certain government sites.) And new LAPD intel collection methods or surveillance drones, said Khan, would only be “adding more to their toolbox of being highly militarized in counterinsurgency forces” against protesters and movements such as Occupy. “Yet it is wrapped in this whole language of community policing.” Two separate L.A. Weekly investigations in 2012 found that the LAPD uses expensive StingRay devices, which can locate cellphones (and their users) by acting like cellphone towers, and license-plate recognition cameras that track millions of drivers. Although both devices technically require a warrant to be used in a police investigation, there is little way to know whether police are always complying with the rules.
  • Surveillance drones manufactured by Israel Aerospace Industries (IAI) and Sky Sapience were also hot items on the LAPD tour. Both Frank and Perez lit up when talking about the HoverMast, a new tethered drone from Sky Sapience that was just released to the IDF late last year. “There are several things on the wish list, but we did like Sky Sapience — that was incredible,” Perez said. “For me personally, just for my command, which is five stations, and all the special events that I have, crowd control and being able to see everything would be some technology that is needed immediately.” However, Frank added, the HoverMast “has its challenges: from a political standpoint, convincing our political leaders, and from a community standpoint, convincing the community that it’s not Big Brother watching over you.”
  • A spokeswoman for Sky Sapience said the HoverMast can intercept wireless communications, and its cameras are capable of facial recognition. A spokeswoman for IAI said that while showing LAPD officers their drones, the company “wanted to emphasize the fact that drones can be very helpful in giving intelligence in urban scenarios… you need it now, you need it quick, you need to see what’s inside a window, and what’s behind this building.”
  • Many of the companies attracting LAPD interest have one thing in common: They were formed by veterans of the IDF’s elite, top-secret 8200 Unit, better known as Israel’s version of the NSA.
  • Perez emphasized that as a local police agency, the LAPD has much tighter legal constraints than federal agencies to adhere to when adopting army-born surveillance and “big data” technologies.
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