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“Time to Get Smart on Crime”: New Report Pans Massachusetts’ Criminal Justice Practices

Getting tough on crime, 1756-style
Getting tough on crime, 1756-style

The Boston Globe is publicizing a new report from Community Resources for Justice and MassInc, focusing on Massachusetts’ unexpectedly draconian and wasteful criminal justice policies.

We heartily recommend that you read the whole thing, but here are the striking take-aways.

We are spending 6% more on incarceration than we are spending on education. Low-level drug offenders sentenced under mandatory minimum laws are driving a substantial portion of the costs. Offenders are routinely overclassified into higher and more expensive levels of security than they really need. And Massachusetts is not being strategic about its incarceration spending to make sure that it is getting the least reoffending for a given budget.

A very human desire to lock everybody up for ever takes no account of the costs, or of how doing that crowds out investment in other things we might like more of, like better education, lead abatement or public transportation, which also in turn have a positive effect on crime down the road.

I wonder if the Lege and the AG’s Office are listening? Or will they keep wasting our taxes on strategies that don’t work?

[VIA: Sentencing Law and Policy]

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Mission Uncategorized

The Theory of Surveillance: The Panopticon and the Stainless Steel Rat

As we residents of Massachusetts gambol heedlessly downward from the Mountains of Liberty toward the Swamps of Oppression, let’s take a brief breather to consider a more general commentary on surveillance.

Philosophical examinations of governmental surveillance powers center on eighteenth-century founder of utilitarianism Jeremy Bentham and twentieth-century philosopher Michel Foucault. The key concept used to inform their thinking is Bentham’s notion of the Panopticon:

The Panopticon: the ideal prison
According to Bentham, the ideal prison

The Panopticon was a prison with the cells in the outside circle and the guard tower in the center. Each prisoner was, at all times, perfectly visible to the guards. The guards were invisible to the prisoners, so prisoners had to assume that they were being permanently watched.

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Mission News

Microscope Monday: Massachusetts’ proposed Electronic Privacy Act (S. 796 / HD 1014)

microscope

Howdy and good morning, lovers of the Internet freedoms!

It’s time for another in our “Microscope Mondays” series, where we take a good hard look at pending legislation here in Massachusetts relevant to surveillance. Previously, we’ve covered a praiseworthy effort to restrict the use of drones for law enforcement purposes and Martha Coakley’s should-be-better-known “Let’s Wiretap All Of The Things Even Though Crime Is Down” bill. This week, it’s the turn of S. 796 / H. 1684, “An Act Updating Privacy Protections for Personal Electronic Information”, sponsored by Senator Karen Spilka and departing Representative Marty Walz.

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Mission News

Raytheon’s “Riot” Software: Big Data Analytics and Data Security for Activists

I run the Campaign for Digital Fourth Amendment Rights out of an incubator in Cambridge, Mass. Many startups at the incubator base their innovative products around “big data”, and the concept attracts substantial academic attention locally as well.

It’s natural that law enforcement would be interested in employing the same techniques, accessing information that people put on the Internet and on their devices about themselves, their location and their habits. Massachusetts-based Raytheon, the world’s fifth-largest defense contractor, has developed a product for law enforcement called “Riot”. Riot acts as a search engine, gathering information about people from Facebook, Twitter, Foursquare and other places. Raytheon refers to Riot as “extreme-scale analytics”, possibly because “wicked awesome analytics” was already trademarked. The Guardian has found a video from inside Raytheon demonstrating the software’s capabilities.

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Mission News

The God of Vengeance is Still Thirsty: Feds Charge Reuters Social Media Editor Matthew Keys with Aiding Anonymous, Threaten 25 Years in Jail & $750,000 Fine

Prosecutorial discretion has a long history on the American continent.
Prosecutorial discretion has a long history on the American continent.

Just in case you thought that the federal government would be satisfied with massively overcharging Aaron Swartz and Barrett Brown, we now have the case of Reuters social media editor Matthew Keys (@TheMatthewKeys).

Seems that a grand jury indictment has been filed in Sacramento, alleging that Keys participated in an online chat where he gave Anonymous hackers login credentials for his former employer, the Tribune Company, possibly in exchange for access to the IRC channel where Anonymous hackers were discussing future exploits, and possibly out of disapproval of the Tribune Company using paywalls. The indictment alleges that he told the channel to “go f*** some sh** up”. A hacker then used those credentials to alter, for about half an hour, a story on the Tribune website, so that it claimed that a hacker called “Chippy 1337” was about to be “elected head of the [U.S.] Senate”, to which Keys apparently responded “Nice”.

Enemy of the state #957,141
Enemy of the state #957,141

May I take a moment? [Sips glass of water] Thank you. [Deep breath]

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Mission News

By 2020, Stingray Will Be Launched! New Doohickey Allows Police To Get Everybody’s Cellphone Locations Without Going Through the Telcos

stingray_stamp_cropped
Yes, since you ask, that is a “Terror Fish”.

We continue our series updating you on the exciting new world of mass surveillance you should expect in a few short years (previous posts include discussions of real-time life recording, terahertz surveillance and indoor cellphone tracking), by bringing you the Stingray.

The Stingray: essentially a cellphone tower that can move around.
The Stingray (image courtesy of the Wall Street Journal)
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Mission Uncategorized

Not A Clown Car Law: Comparing Massachusetts’ Electronic Wiretapping Laws to Connecticut’s

The way you hear Martha Coakley tell it, Massachusetts’ laws relating to when you can and cannot issue an electronic wiretapping warrant are about as effective as using a clown car to fly folks to the moon. They were passed in the 1960s, man! Don’t you know you can’t trust any law over 30?

Of course, the Bill of Rights is nearly 220 years old, and many people seem somehow to find it important despite being oldy oldy old old. So we figured, why don’t we take a look at what other comparable states do, and see if Massachusetts’ laws look comically outdated compared to them?

Let’s try our friends over in dull-but-wealthy Connecticut! What does Nutmeg State law enforcement have to do to get their donut-frosting-smeared mitts on one of those sweet, sweet electronic wiretapping warrants?

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Mission News

Microscope Monday: Massachusetts’ new drone privacy bill

A microscope, steampunk style.
A microscope, steampunk style.

Since our earlier analysis of the repellent new bill expanding electronic wiretapping was well-received, we’re starting an official series analyzing proposed Massachusetts legislation, called “Microscope Monday”.

In honor of the efforts to organize a new drone privacy group here in Massachusetts, this week’s bill is S. 1664 (Hedlund) / H. 1357 (Garry), “An act to regulate the use of unmanned aerial vehicles”.

State Senator Robert Hedlund is introducing this legislation in the Massachusetts Senate. Hedlund is a Republican and is the Assistant Minority Leader. His district covers Cohasset, Duxbury, Hingham, Hull, Marshfield, Norwell, Scituate and Weymouth. State Representative Colleen Garry is introducing the legislation in the Massachusetts House of Representatives. She is a Democrat, and her district covers Dracut and Tyngsborough.

This is not a long bill, but it’s a good one, and we at Digital Fourth commend the sponsors for introducing it. It’s currently in the Committee on the Judiciary (House) and the Committee on Transportation (Senate).

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News

That Didn’t Take Long: Fugitive Accused Cop-Killer Christopher Dorner Accused of “Domestic Terrorism”, Will Become First US Citizen on US Soil Targeted By Drones

If you needed any further evidence that it’s unwise to permit electronic surveillance to catch “terrorists”, USA Today has just provided it:

Dorner has been accused by police of the shooting deaths of three people, one of them a police officer and another the daughter of a former officer. […LAPD Police Chief Charlie] Beck said. “This is an act, and make no mistake about it, of domestic terrorism. This is a man who has targeted those who we entrust to protect the public. His actions cannot go unanswered.”

Dorner certainly seems to be guilty of multiple murders, and to have a beef with the LAPD over racist practices he witnessed as a serving police officer. But it seems that the chief of the nation’s second-largest police force has no goddamn clue what terrorism is.

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Mission

By 2020, There Will Be Eyes On Everyone: Implications of Universal, Mass, Peer-to-Peer Surveillance

We’re used to the fact that data storage technologies, once so sensationally expensive, are becoming drastically cheaper. What we don’t yet clearly realize is what that will mean for our everyday lives. Within ten years, it will be reasonably cheap to track every moment of your life. The technology already exists. You could each have a hovering Eye over your right shoulder, keeping an archive of all of your conversations and experiences. If you have an argument with your spouse in 2020, and disagree about something he said, you could simply ask the Eye to track back to that conversation and prove you right. Or wrong.

I sense an impending rise in divorce.

Drones are, as of January 2012, legal in US airspace, and are publicly available for sale. They will only get smaller, more powerful and more ubiquitous.