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News

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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Mission News

Suffolk County DA Conley logging parents’ keystrokes, for “safety”

We think our version captures the spirit of this initiative better than the original.
We think our version captures the spirit of this initiative better than the original.

Well, well. This “school safety” stuff keeps getting more interesting.

I didn’t focus on the elements of the school safety task force’s report that dealt with teaching children to “be safe” on the Internet, because, well, they sounded pretty innocuous. Turns out I wasn’t paranoid enough.

EFF reports that DAs and police departments across the country have been distributing elderly spyware called “ComputerCop” to parents as part of feel-good “Internet Safety” events at schools. This apparently includes a “service” called “KeyAlert”, which allows parents to track their children’s keystrokes. When it collects those keystrokes, it also stores them unencrypted on your hard drive (on Windows machines) and transmits them, unencrypted, to a third-party server so that the parents can be emailed when chosen keywords are typed. And, as readers of this blog will know, law enforcement can then request that keylogged data from the third party without a warrant.

Well, that’s fabulous. Sounds pretty useful. For law enforcement. Why not, then, promote keyloggers on as many computers as possible? And as with social media, it looks like offering something for free really helps members of the public surveil themselves. EFF notes:

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Mission News

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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Mission News

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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News

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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Mission News

High Over Compton: “Wide Area Surveillance” Surveils Entire Town

The Atlantic picks up on a story from the Center for Investigative Reporting that in 2012, the LA County Sheriff’s Department secretly tested a civilian surveillance aircraft by flying it over a town in their jurisdiction and taking high-resolution footage of everything visibly happening there, over a period of up to six hours (highlights are ours):

If it’s adopted, Americans can be policed like Iraqis and Afghanis under occupation – and at bargain prices:

McNutt, who holds a doctorate in rapid product development, helped build wide-area surveillance to hunt down bombing suspects in Iraq and Afghanistan. He decided that clusters of high-powered surveillance cameras attached to the belly of small civilian aircraft could be a game-changer in U.S. law enforcement.

“Our whole system costs less than the price of a single police helicopter and costs less for an hour to operate than a police helicopter,” McNutt said. “But at the same time, it watches 10,000 times the area that a police helicopter could watch.”

A sergeant in the L.A. County Sheriff’s office compared the technology to Big Brother, which didn’t stop him from deploying it over a string of necklace snatchings.

The town they chose? Compton. Yes, that Compton, but it’s not the same Compton as yesteryear. Its boosters are now touting it as the hip, countercultural Brooklyn of the LA area. It has an inspirational new Millennial mayor, Aja Brown, who has garnered comparisons to Cory Booker. Its crime rate is down sixty percent, and it’s now majority-Latino. But it still has a median household income of $42,335, and still, even after all its struggles, somehow found itself the first city selected for mass surveillance, over, say, majority-white, tony Santa Clarita (median household income $91,450). Well, blow me down with a post-racial colorblind goddamn feather.

In related news, the NSA, under its MYSTIC and RETRO programs, was revealed last month to have been collecting the contents of the phone communications of an entire country (unnamed, but probably Iraq).

Believe it or not, this is the program's actual logo.
Believe it or not, this is the program’s actual logo.

These two stories are essentially the same. Developments in technology allow law enforcement surveillance to sweep past legal constraints intended for an era where collecting, storing and analyzing so much data was inconceivable. In luckless Compton, the Supreme Court’s 1989 decision in Florida v. Riley renders “wide area surveillance” presumptively constitutional. In luckless Iraq, the expansive powers of Executive Order 12333 and the FISA Amendments Act impose effectively no constraints on the NSA in intercepting the communications of foreign nations.

May I draw your attention to three salient points?

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Mission News

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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Mission

Commonwealth Fusion Center Violates Constitution, New Report Says

minorityreport

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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News Uncategorized

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

Nicholas_Teausant_Facebook

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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Mission

Friends Don’t Let Friends Support the NSA

Building on work by Christopher Soghoian, local data visualization expert MC McGrath has come up with a fascinating exploration of the network of firms and agencies supporting the major electronic surveillance programs run by NSA and GCHQ, using data scraped from the individual LinkedIn profiles of people advertising their expertise in those particular programs.

To explore just one tiny corner of this visualization, the NSA has a program called “DISHFIRE” which collects SMS messages. The SMS messages of suspected terrorists? Bless your heart, no! Everybody’s SMS messages. The visualization makes clear that every branch of the military draws on people with DISHFIRE expertise, and that certain private companies appear to do so too – DC area-based companies with anodyne names like L-3 Communications (“Our products and services play a critical role in the protection and defense of freedoms worldwide”) Six3 Systems (“High quality Signals Intelligence (SIGINT) and Counterterrorism solutions”), and PiccoTek (“Uniquely talented people with the right “can do” attitude”).

I’m glad they’re so positive about their work. How devastating it would be if the employees of these firms raking in vast quantities of tax dollars in exchange for smoothing the broad downward path toward turnkey tyranny, felt, in unguarded moments, a crawling sense of unease. Trawling through their profiles, it’s easy to find a certain defensiveness in tone – they’re saving “countless lives everyday“? Really?

Most of the people who list this program in their LinkedIn profiles are or have been in Afghanistan, a country we never should have invaded, and which we’re still in thirteen long years later in America’s longest ever war. If it were me, maybe I’d have to believe that I was “saving countless lives” in order to make it seem worth while.

And so they beaver away, in Virginia and Afghanistan and many other places, devising more and more refined technological solutions to the problem of detecting anti-American sentiments people are texting to one another; and it seems impossible to have us stand back and look at whether it is truly productive to expend so much energy squashing – sometimes in a very literal way – every hint of dissent.

drones-seamless

…But in matters of vital importance – meaning, in effect, war and police espionage – the empirical approach is still encouraged, or at least tolerated. The two aims of the Party are to conquer the whole surface of the earth and to extinguish once and for all the possibility of independent thought. There are therefore two great problems which the Party is concerned to solve. One is how to discover, against his will, what another human being is thinking, and the other is how to kill several hundred million people in a few seconds without giving warning beforehand. In so far as scientific research still continues, this is its subject matter. The scientist of today is either a mixture of psychologist and inquisitor, studying with real ordinary minuteness the meaning of facial expressions, gestures, and tones of voice, and testing the truth-producing effects of drugs, shock therapy, hypnosis, and physical torture; or he is chemist, physicist, or biologist concerned only with such branches of his special subject as are relevant to the taking of life. Orwell, 1984.

Listen. The NSA’s purpose is very simple. It’s not to thwart terrorist attacks. It’s to buttress empire, over there, and, through use of the exact same tools developed to “thwart terrorism”, over here and in our towns and schools as well. The money flows towards them, and towards their work of destruction; and is sucked away from our vulnerable, our poor, our schools and our towns. Our own ability to voice sentiments opposing the decisions of the American government, or to enjoy due process protections before being deprived of life or liberty, look increasingly like localized exceptions to a different and worse rule we have been imposing on the rest of the world, and now also on various categories of people deemed unacceptable here at home.

So I’ll say this now: Friends don’t let friends support the NSA, its associated agencies or its nexus of security firms that feed off of and sustain it. If you know people who work for them, help them find a better line of work. They have better things to do with their lives, and it is not yet too late. We are already working with former intelligence people who have grown disenchanted with what their country asked them to do, and there are a thousand Snowdens waiting in the wings.

Help them. Join us. Support our movement. Spend your time really “protecting and defending” the freedom of your neighbors and fellow people, instead of the revenues of a machine that profits directly every single time the Constitution is violated by an unwarranted intrusion on our lives.

May we all, one day, be left in peace – peace here, abroad, and with each other.