White Flags On The Brooklyn Bridge: Massive Surveillance Can’t Even Stop Minor Crimes

On July 22, at 3:30am, in place of the Stars and Stripes that usually fly over the Brooklyn Bridge, bleached-out American flags appeared instead. Despite three surveillance cameras and allegedly round-the-clock police surveillance, four or five people, their identities still unknown, were able to cover up the lights trained on the flags, take them down, and hoist up their own.

Credit: James Keivom/New York Daily News
Credit: James Keivom/New York Daily News

What interests us here is not so much the action itself, as the police reaction.

“If they had brought a bomb up there, it would have been over,” said a high-ranking police source. “If they were able to bring something large enough to cover the lights, then they would have been able to bring some kind of explosive up there.” […] A police helicopter on Wednesday made repeated passes around the Brooklyn Bridge. NYPD radio cars patrolled the spans’ roadways, and police boats scoured the span from the water. New security cameras were also installed, and numerous officers – some from the Intelligence Division and Counterterrorism Bureau – were assigned to foot patrols, walking back and forth between Manhattan and Brooklyn. [CBS]

New York police are so determined to catch the vandals who replaced the American flags atop the Brooklyn Bridge that they’re using an investigative technique known as “tower dumping” to examine all of the cell phone calls made near the bridge around the time the flags were replaced. […] The NYPD is also using social media data, video, facial recognition technology and approximately 18,000 license plate pictures in trying to solve the case. [IBT]

Horrified at the exposure of a security lapse, the NYPD turned its immense resources toward finding the people who had embarrassed them. The local press described them as “vandals” and quoted local residents as wanting them to be “punished to the fullest extent of the law.”

What law?

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Are Boston Police Using Stingrays? Help MuckRock Find Out

Today’s news in Wired that the federal government is willing to send in the US Marshals to prevent disclosure of how local police departments are using stingrays, makes it seem that what they’re hiding is pretty important.

Our friends at public information service Muckrock.com are launching a new research project to find out exactly what police are doing with this kind of data. Shawn Musgrave describes their project below. We strongly encourage supporters of Digital Fourth to help them fund this important work. We don’t know yet whether any police departments in Massachusetts are using this secrecy-laden technology – wouldn’t you like to find out?

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NH: Warrants now likely to be required for cellphones

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Following on from February’s ruling by Massachusetts’ Supreme Judicial Court that law enforcement needs a warrant to obtain cellphone location information, New Hampshire is now strengthening its laws relating to cellphone searches.

A short and simple bill introduced by Reps. Kurk, Sandblade and O’Flaherty, all of Hillsborough County, NH, provides that a warrant, “signed by a judge and based on probable cause,” is required for “information contained in a portable electronic device”. It’s not clear to me whether that would include cellphone location information or not, because that could be interpreted to not be “contained in” the phone. The House version includes misdemeanor penalties for a “government entity” which violates the act, as well as civil liability. The Senate version keeps civil liability, allowing a person to sue for damages, while removing the criminal penalties. This difference is what will be worked out in a joint committee in the coming week, before it heads to the Governor’s desk.

This is great news for the Fourth Amendment, and it’s good evidence that we can get meaningfully greater protections for our personal data by working through state legislatures.

UPDATE: A warrant is required only for phones that are password-protected. If you live in NH, or are visiting for the weekend, add that password!