Tag Archives: Massachusetts

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

Dime-Fasces

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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Not-Methuen-High-School Installs “Guardian Shooter Detection System”

doctorow-little-brother

In Methuen, MA, security contractor Shooter Detection Systems (“1-844-SHOT911”) has convinced school administrators to install a “Guardian” system that “constantly monitors” school hallways and classrooms for sounds of gunfire. As an extra, they got local Congresswoman Niki Tsongas to intone pieties about making schools “safe sanctuaries for learning.” Apparently, that means “lending my credibility to a sales campaign that will funnel school tax money away from teachers and supplies and into the pockets of contractors, in the name of thwarting random low-probability events.”

Raw Story picked up the press release, and indulged in their own little bit of security theater, noting soberly that the PR firm for Shooter Detection Systems had asked them not to reveal the name of the school even while they had named the relevant town in its own press release.

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Midterms & Mass Surveillance, Part IV: Surveillance Doesn’t Pay in MA

Martha Coakley and Maura Healey

Martha Coakley and Maura Healey

Poor Martha Coakley. Oceans of ink have now been spilled on why outgoing Massachusetts Attorney-General Martha Coakley lost her bid for Governor. Arguments have included that she’s a poor campaigner, that many Democrats resented bitterly her loss to Scott Brown back in 2010, that she was a female candidate facing a somewhat sexist electorate.

I’m not going to argue that surveillance issues alone swung the race against Coakley. However, I would like to draw attention to a broader reason, to which her support for expanding wiretapping contributed, that fueled Democratic base disaffection with her.

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Black, Brown & Targeted: ACLU Report Reveals Massive 4th Amendment Violations by Boston PD

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Finally, after many years of effort, the ACLU of MA has been able to secure release and analysis (by a third party) of data on police stops in Boston. What was found should grossly offend anyone with a belief that people ought to be equal before the law.

Their data spans 2007-2010, covering reported stops that did not result in arrest. During that time, for fully three-quarters of such stops, the reason the police stated for the stop was not suspicion of any identifiable crime, but simply “Investigate Person.”

Investigate Person?

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State Report Tells Schoolkids: Inform, Conform, and Trust the Police

"La Cucaracha", August 26, 2013, by Lalo Alcaraz

“La Cucaracha”, August 26, 2013, by Lalo Alcaraz

Following on from the Sandy Hook school shooting, the “Massachusetts Task Force on School Safety and Security” released a report in July. As you’d expect from a report written with plenty of police input and none from the civil liberties community, it recommends changes that are highly intrusive, probably ineffective, definitely expensive, and likely to benefit police more than they benefit students.

Of course, that’s not how it’s being reported. Local papers, including my own, are portentously explaining how this is all “for the kids” and will “keep them safe” (I’d link to the Belmont Citizen-Herald’s exhaustive coverage, but it’s not up yet).

The most important thing to understand regarding school shootings is that school districts can’t prevent them. I wish they could, but they can’t. School shootings happen far too much in the US, largely because we spend too little on mental health services and allow, as a matter of constitutional principle, broad access to guns. School shootings also tend to happen more in rural and suburban districts where the schools are pretty much the only place that will grab the attention of the whole community.

Nothing school districts can do will change these things. However, in fear that they ought to be doing something, it’s very possible for school districts to misdirect funds better spent on education, and impose inappropriate systems of surveillance and control.

Let’s look anew, with a critical eye, at what’s being suggested.

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Animal welfare clashes with the Fourth Amendment in Lynn

In April, the Supreme Judicial Court of Massachusetts expanded the circumstances under which police could enter a home without a search warrant.

The facts of the case are of a nature almost calculated to extinguish sympathy with the defendant. As reported in the Lynn Daily Item, the Duncan family mistreated their dogs and left them outside in January of 2011.

Massachusetts in a typical January is no picnic.

Massachusetts in a typical January is no picnic.

A neighbor called the police, and the police found two dogs dead in the front yard and a third starving to death.

Normally, the Fourth Amendment prevents access to the home or the “curtilage” (surroundings) of a home without a warrant based on probable cause. However, the Fourth Amendment is also honeycombed through with two centuries’ worth of exceptions and special circumstances driven by facts such as these. Here, the court ruled that the already-existing “exigent circumstances” exception to needing a warrant in order to save human life, also applied to animal life. The Massachusetts Society for the Prevention of Cruelty to Animals, among others, were pleased at the outcome.

We are not altogether so pleased at the implications of this ruling. Let me explain why.

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Spying is Censorship

[We welcome our newest contributor, Gregg Housh, an activist focused on internet freedoms, censorship, over-prosecution and Anonymous. This article is cross-posted at 0v.org. – Alex.]

spyingiscensorship

It was February 6th, 2011 that I had to give some bad news to my wife. Her pseudonym (one she calls “as subtle as John Zeus”) was on the list of supposed “lieutenants of Anonymous” that Aaron Barr of HB Gary Federal had compiled. Barr’s intention was to identify the people involved in various projects on the AnonOps IRC network by connecting them to real social network profiles, and then to somehow parlay this data into brownie points with the FBI. And there she was, in the cross hairs.

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No Way To Complain = No Complaints = No Problem!

Boston’s fusion center, the Boston Regional Intelligence Center, no longer hosts their privacy policy on their website – I was told that it was “under review” and that the new policy will be posted when it’s ready – so it’s lucky for all of us that the ACLU of Massachusetts has a copy of the policy. And it’s a doozy.

If you’re worried about the fusion center’s privacy practices, and that it may have gathered information on you that it shouldn’t, then you’re essentially out of luck. Sure, you can write to them (the address is Boston Regional Intelligence Center, Boston Police Department, Privacy Committee, One Schroeder Plaza, Boston, MA 02120, (617) 343-4328), but the Privacy Policy specifies that the only complaints they will accept or review are those where:

… an individual has a complaint with regard to the accuracy or completeness of terrorism-related protected information that:
(a) Is exempt from disclosure,
(b) Has been or may be shared through the ISE [Information Sharing Environment], or
(c) (1) Is held by the BRIC and
(2) Allegedly has resulted in demonstrable harm to the complainant

So, in essence, before a complaint can even be reviewed about a given piece of information, the complainant has to know what information the fusion center holds on them, and has to be able to make an allegation of “demonstrable harm” – harm, that is, in the eyes of the BRIC. And there’s no procedure for complaining about the collection of monstrous quantities of data in the first place – only for circumstances where they have collected, and acted upon, something provably false about you personally.

That’s some catch, that catch-22.

Wonder how many people have successfully complained?

And by definition, if nobody’s complaining, they must be respecting our privacy, right?

In fact, they’re respecting our privacy so much, that they are aggregating data from the following sources (this is just the ones they’re acknowledging, summarized from the list in the appendix of their privacy policy):

“Telephone analysis software”, state crime information systems, national crime information systems, the state drivers’ license database, the Lexis-Nexis “Accurint” database, Thomson-Reuters’ “CLEAR” database [now integrated with Palantir!], “intelligence data” [up to and possibly including unminimized data collected via FISA], the Regional Information Sharing Systems (RISS) System, the Law Enforcement Online system, the Homeland Security Information Network (HSIN) System, jail management databases, the Financial Crimes Enforcement Network (FinCEN) System, state sex offender registries, “crime-specific listservs”, RSS readers, the High Intensity Drug Trafficking Areas (HIDTA) Program database, EPIC hospital records, the National Drug Intelligence Center (NDIC) database, state corrections/probation databases systems, and juvenile justice databases.

Based on information provided by BRIC employees on their LinkedIn profiles (thanks, guys!), we can also determine that the BRIC has access to gang databases, information from the Department of Youth Services, and “medical intelligence”, defined by the Department of Defense as “That category of intelligence resulting from collection, evaluation, analysis, and interpretation of foreign medical, bio-scientific, and environmental information that is of interest to strategic planning and to military medical planning and operations for the conservation of the fighting strength of friendly forces and the formation of assessments of foreign medical capabilities in both military and civilian sectors.”

So if you’ve never made an electronic financial transaction, never used the phone, never had a drivers’ license, never communicated with somebody abroad, never been in trouble with the law, never used drugs, and never been to a hospital abroad for treatment, then congratulations: you’re probably not in the fusion center’s database, and you still have a Fourth Amendment. And for the rest of us, they have records on you, that they aren’t going to allow you to review, and there’s nothing you can do about it. Why should you be concerned?

In related news, the BRIC is changing its slogan to “Share and Enjoy.”

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