Tag Archives: Terrorism

Should We Police Threats On Social Media?

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The United States has a well-developed jurisprudence for dealing with people who make threats. The default presumption, thanks to the First Amendment, is that any speech, even speech that is frightening, prejudiced or factually wrong, is legal. Even a generic desire for the President to die has First Amendment protection. The key precedents here are Watts v. United States and Brandenburg v. Ohio, both from 1969. In Watts, an 18-year-old remarked during a rally against the draft that:

“They always holler at us to get an education. And now I have already received my draft classification as 1-A and I have got to report for my physical this Monday coming. I am not going. If they ever make me carry a rifle the first man I want to get in my sights is L. B. J.”

The ruling suggested that this was protected as merely ‘a kind of very crude offensive method of stating a political opposition to the President’, of a kind still very familiar to us today. Those prosecuted for threatening the President over the last few years have typically had additional evidence of actual conspiracy to commit murder.

In Brandenburg, a KKK leader’s advocacy of ethnic violence was ruled to be protected by the First Amendment, because it was not “directed to inciting” or “likely to incite, imminent lawless action.” There must be some specificity as to the time that the lawless action is to occur; it cannot simply be a generalized articulation of the need for violence at some future time. It must be, in other words, a so-called “true threat.”

These rulings have stood essentially unmodified for nearly half a century. They are also a lot more protective of threatening speech than most people, including surveillance state employees, casually assume. One result of that assumption is that surveillance agencies pro-actively monitor social media, and open investigations on the basis of First Amendment-protected threats they encounter, when the constitutionality of doing so is at best highly suspect.

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It Takes A Massive Surveillance Apparatus To Hold Us Back: Fusion Centers, Ferguson and the Deep State

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Here’s a question: How much of a national security threat are people protesting the non-indictment of Ferguson police officer Darren Wilson for killing Michael Brown?

If you answered, There’s no national security threat; they’re exercising their First Amendment rights, which should be celebrated, then you’re obviously a pre-9/11-American, which is enough to get you disinvited from the major TV propaganda shows.

Local news media reported on the Black Lives Matter protest in Boston, and noted, without really thinking about it, that “the state police Commonwealth Fusion Center monitored social media, which provided “critical intelligence about protesters’ plans to try to disrupt traffic on state highways.” It didn’t really register because journalists are mostly not watching fusion centers like we are, and aren’t seeing them come up again and again and again and again, lurking at the edges of stories about free speech and national security, and policing the boundaries of what is acceptable to say.

Think, then, of fusion centers as state-based NSAs overseen loosely by the Department of Homeland Security. Set up after 9/11 to provide “joined-up intelligence” and thwart terrorist attacks, they quickly found that there just wasn’t enough terrorism of the kind not ginned up by government informants themselves to sustain 88 separate local antiterrorism centers in addition to the NSA, FBI and CIA. So they expanded their definition of terrorism to cover many other things, which in Massachusetts have included harassing peaceful activists and elected officials while missing actual terrorist plots, and now, for lack of anything better to do with their tax dollars, vetting licenseholders for marijuana dispensaries and fostering anonymous threat reporting in public schools.

We have advocated against fusion centers for a long time. Last week, we received the results of a FOIA request to Massachusetts’ Commonwealth Fusion Center that throws more light on the kind of information they hold, and the kind of society that is being constructed without our consent.

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Security Grifting At Work: Million-Dollar ALPR System In Vermont Solves Four (4) Crimes in 2013

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Vermont Public Radio does the spadework to find out whether automated license plate surveillance systems offer a reasonable return on investment:

“…Even with the millions of scans, the system has not led to many arrests or breakthroughs in major criminal investigations. […] They were helpful in solving fewer than five crimes in 2013. [Officer] Cram [of Winooski PD] says the federally-funded ALPR is a valuable tool, even though he doesn’t think the city would have put up $25,000 of its own money to buy one.

At a cost of “over $1 million” over five years, that works out at around $50,000 per crime solved. [Note: Initial calculations of $40,000 per crime solved were based on an inaccurate figure of five crimes solved.]

At a rate of $50,000 per crime, you could hire one part-time police officer, and I suspect that that part-time police officer would solve more than one crime per year. So what gives?

This is what gives, for ALPR, for surveillance cameras, and for military surplus equipment. Police departments count the cost of new surveillance equipment at zero, even when it’s not (taxpayers ultimately pay). It’s hard for police chiefs to turn down free, even if free offers only the most marginal prospect of reducing crime. But it says everything about the utility of this technology that, had the City of Winooski been asked to put up its own money, Officer Cram thought that they wouldn’t have done it. Oh – and I almost forgot to mention – as the article mentions, the entity charged with managing the data from this boondoggle is, naturally, the Vermont fusion center.

Meanwhile, only half of American roads are in good repair, and our public transportation is an international laughingstock. Americans’ median incomes are falling, and more and more of us are just a paycheck or two from disaster. We scrutinize every milligram of social spending to uncover with great fanfare a rate of fraud of $0.0073 per dollar spent, because we can’t abide any of them Cadillac-driving fur-coat-clad welfare queens. And yet somehow, funding for more surveillance, more militarization, and more war, is never-ending and never requires proper accounting or justification.

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The Executive’s Humpty-Dumpty Terrorism Watchlisting Policy: Lessons from People v. Morales

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The Intercept’s publication of the criteria for the terrorism watchlists throws some light at least on what the government tells itself a terrorist is. This is a matter of keen interest to many of us, since a close reading of the following text tells you a lot about the values and priorities of our new-minted surveillance state overlords.

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Not to go all mise en abyme about it, but this definition is, well, abysmal. Let’s take it a step at a time.

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Racial profiling, Muslim surveillance, and the NYPD

NYPDOn Tuesday, April 15 the New York City Police Department (NYPD) announced it was disbanding a controversial unit that had been spying on Muslims since its inception in 2003. The NYPD’s “Demographics Unit” specifically gathered intelligence on Muslims living in New York City, New Jersey, and even as far away as Philadelphia. It sent plain clothed detectives to cafes, restaurants, and other community centers frequented by Muslims with the stated purpose of identifying potential centers of terrorist activity. Detectives were told to speak with the employees at such establishments about political issues in attempt to identify anti American sentiment. The NYPD also sent informants to Muslim student groups on various college campuses. Despite the wide breadth of surveillance, even the NYPD acknowledged that the program has failed to create a single lead.

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At 2014 Boston Marathon, bags searched without warrants at police checkpoints

UPDATE: The Bay State Examiner has informed us that the correct byline for this story is “Andrew.”

For the 2014 Boston Marathon, police established checkpoints on various streets near the finish line where private security guards searched the bags of any spectators who attempted to pass through. The checkpoints were part of a new security plan, which was put in place in response to last year’s Boston Marathon bombings, which killed three and injured more than 260 people.

Prior to the race, the Massachusetts Emergency Management Agency (MEMA) published a list of recommendations for spectators including no backpacks, no loose clothing, no costumes or masks, no liquids in excess of one liter, and no weapons of any kind. MEMA also said that spectators may have their bags and bulky items searched at the aforementioned checkpoints.

We saw a number of these checkpoints in action and observed that the searches were primarily carried out by private security guards under the watch of Boston police officers. Once a person’s bag had been searched, the security guards would attach a tag to it and allow the person through.

The searches were not voluntary. Each checkpoint featured a banner reading “All bags and containers are subject to search.” We saw one man being forcibly removed from the area beyond a checkpoint by police officers who noticed that his mesh bag did not have a tag on it. Police took the bag away from the man and would not allow him back into the area until a security guard had searched it.

search 1024x575 At 2014 Boston Marathon, bags searched without warrants at police checkpoints

A security guard searches through a man’s bag after police removed him from the area beyond a checkpoint

It was apparent that the police did not suspect the man had a bomb because they did not call a bomb squad to the scene. Instead, they asked the man for personal information such as his address, which they wrote down, and lectured him about the need to follow the rules the police had established.

“You got a bag, you put a tag on it. Okay? Simple,” one police officer told the man.

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Commonwealth Fusion Center Violates Constitution, New Report Says

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Massachusetts has two “fusion centers”, mostly state-funded, which aggregate enormous amounts of data on innocent Massachusetts residents, with the notion of preventing terrorist attacks. When you call the “See Something, Say Something” line, the information goes into “Suspicious Activity Reports.” The ACLU of Massachusetts documented that the Boston fusion center (“BRIC”) had actually spent its time harassing peaceful activists rather than thwarting terrorism, which is one of the reasons why there will be nationwide protests against fusion centers on April 10, including in Boston.

In response to the ACLU revelations, Rep. Jason Lewis (now the newly elected Sen. Jason Lewis) filed a fusion center reform bill on Beacon Hill. Disconcerted at the prospect of more sunshine on their work, the Commonwealth Fusion Center, the fusion center in Maynard, offered him and other legislators a courtesy tour of their facility, to try to explain what good work they were doing. As an example of that work, they cited their First Amendment-violating harassment of an Arlington man who was not actually planning any violent crime, but who had tweeted about it being a good idea to shoot statists. They also provided to Rep. Lewis copies of various policies that they follow, including their Privacy Policy (updated 06.13.2013) and their policy on First Amendment investigations. Rep. Lewis then asked Digital Fourth to evaluate the policies they had provided, to assess whether they were constitutional. We enthusiastically agreed, and the resulting report is here.

Here are our main recommendations:

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FBI: Look Mom, We “Found” Another Terrorist!

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The news this morning is full of the arrest of yet another American on charges of “attempting to provide material support to a foreign terrorist organization.” Nobody’s suggesting that 20-year-old National Guardsman Nicholas Teausant of Acampo, CA is a terrorist, or that he provided any help whatsoever to terrorists, or that he was in contact, ever, with any actual terrorists. But, the media breathlessly report, he’s still facing charges that can put him in jail through to the 2030s.

Why?

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