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Tag: civil liberties

  • Cop: Obama Doesn’t Obey Constitution, Neither Do We

    Special Police Officer Richard Recine had been employed at the Franklin, New Jersey police force for 36 years, but it was what he said when he was caught on camera that shot his career in the foot; he resigned on Thursday after the video went viral.

    In a dispute with resident Steve Wronko concerning the right to shoot film and take pictures in a public place, Recine, a part time police officer who retired from full time work in 2006, disagreed, stating:

    “Obama has decimated the friggin’ Constitution. So I don’t give a damn, so if he doesn’t follow the constitution, we don’t have to.”

    On Monday, Wronko, who was filing public record requests, took the video at the borough’s municipal building. Wronko and his wife are seeking to reform the borough’s animal shelter; the couple was given a sick and underage puppy by the shelter, resulting in thousands of dollars in veterinarian bills.

    Recine was dispatched to the scene after municipal workers were concerned about Wronko shooting film indoors. Wronko and his wife were asked by police to stop taking videos and pictures outside of the animal shelter twice before this week’s incident.

    “I tried to explain to him that since 9/11 you just can’t walk into a place and take videos,” Recine, 59, said Thursday in an interview with MyCentralJersey.com. “All he kept on doing was saying he had civil rights, and the Constitution, and he didn’t have to give me information. And I kind of like lost my temper.”

    The video’s viral journey started off on Wednesday, where it was first shown on MyCentralJersey.com. On Thursday morning, the story was picked up by the Drudge Report and became the top story on Reddit. Numerous readers expressed disgust with Recine’s comments, stating that they were dismissive of civil rights, and that as a public servant, he should know better about the law he enforces.

    Recine, a registered Democrat, stated his concern about the impression that he gave off and how it speaks for police as a whole:

    “I don’t want to give a black eye to law enforcement. People are saying some really nasty stuff about cops. I don’t want all officers painted with the same brush.”

    In concerns of whether he really meant it or not, Recine explained he was just really riled up and was being “sarcastic.”

    “It was just a stupid statement on my part. He got me riled and I said it.”

    “I don’t believe that at all. I’m the most patriotic person in the world. I believe in God, the flag, country, the Constitution.”

    Image via YouTube

  • Luxury Cars Seized Can Be a Civil Liberties Issue

    Luxury Cars Seized Can Be a Civil Liberties Issue

    You’ve probably seen the ads on late night TV and in magazines. They promise that you can buy luxury cars, boats, houses, and other big ticket items for pennies on the dollar or less. The explanation is that these items used to belong to drug dealers or white collar criminals who are now behind bars. These criminals had assets that were seized by the authorities and are now being sold to help fund further police work, keeping our streets safe.

    The Department of Justice says that asset forfeiture is not only useful for funding police work, but is an effective tool for dismantling criminal organizations.

    The primary mission of the Program is to employ asset forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society. Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals.

    The FBI explains this a bit further, highlighting the business structures of criminal organizations.

    The use of asset forfeiture in criminal investigations aims to undermine the economic infrastructure of the criminal enterprise. Criminal enterprises in many ways mirror legitimate businesses. Asset forfeiture can remove the tools, equipment, cash flow, profit, and, sometimes, the product itself, from the criminals and the criminal organization, rendering the criminal organization powerless to operate.

    The idea seems sound. Criminals should not profit from their crimes. Taking away assets cripples criminal organizations better than simply removing certain players in their ranks. And the police need to be funded.

    But there is more than one type of asset forfeiture. Criminal Asset Forfeiture, as described above, is well-understood and supported. But there is also Civil Asset Forfeiture. That may sound similar, but the differences are significant. For starters, there is no conviction of any crime required.

    According to a study done by the Cato Institute, as much as 80% of the assets seized by the Federal government may be taken this way.

    “Federal and state officials now have the power to seize your business, home, bank account, records, and personal property, all without indictment, hearing or trial,” wrote Henry J. Hyde, former member of the U.S. House of Representatives. “Everything you have can be taken away at the whim of one or two federal or state officials operating in secret… . We are all potential victims.”

    An example of this kind of forfeiture is the story of Jennifer Boatright, a waitress from Houston, who was traveling with her children to visit relatives, and carrying enough cash to buy a used car when she arrived. Boatright was stopped by police for a minor traffic violation. They asked if she was carrying drugs. She told them she was not, but they searched her car anyway.

    Police found an unused glass pipe, bought as a gift, in Boatright’s car. They also found her cash. At the police station, they told Boatright that she had a choice: she could face charges of money laundering and child endangerment, which meant her kids would be handed over to Child Protective Services; or she could surrender her cash to the city and leave with no charges filed.

    The ACLU fights against Civil Asset Forfeiture, because, as they say, “When salaries and perks are on the line, officers have a strong incentive to increase the seizures, as evidenced by an increase in the regularity and size of such seizures in recent years. Asset forfeiture practices often go hand-in-hand with racial profiling and disproportionately impact low-income African-American or Hispanic people who the police decide look suspicious and for whom the arcane process of trying to get one’s property back is an expensive challenge.”

    So maybe the Ferrari that you see in that late night ad was once owned by a drug kingpin who now wears an orange outfit and a number. But maybe your local police force pays its salaries with the folding money of innocent out of state travelers.

    Image via YouTube

  • NSA Gets Its Very First Privacy Officer

    NSA Gets Its Very First Privacy Officer

    The NSA has always been a controversial government agency as its actions are deemed to go too far at times. Even before the Snowden leaks, people were skeptical of the agency after it was revealed that its powers were abused in the Watergate scandal. You’d think the agency would have somebody around to double check its privacy practices long before Snowden was around, but that was not the case.

    Following an order from President Obama last year, the NSA this morning announced that it has appointed a new privacy and civil liberties officer – Rebecca Richards. Richards will be the first person to fill this role as it’s an entirely new position within the agency. Once again, you’d think the agency that collects the communications of nearly every American would have a privacy officer, but this appointment just makes it more apparent than ever that the NSA really thought its programs would remain classified forever.

    So, who is this Rebecca Richards? All we really know is that she was the Deputy Chief Privacy Officer at the Department of Homeland Security. She has also served as the agency’s Senior Director of Privacy Compliance since 2004. In short, she knows her way around privacy issues.

    NSA Chief General Keith Alexander released a statement saying that Richards’ background with the DHS should serve the agency well:

    “NSA continues to take positive actions to ensure we protect both civil liberties and national security,” Gen. Alexander said. “After a rigorous and lengthy interview process, I’ve selected an expert whose background will bring additional perspectives and insight to our foreign intelligence activities. I’m confident that Ms. Richards is the right person with the right experience for the job. She will report directly to me and will advise me and our senior leadership team to ensure privacy and civil liberties considerations remain a vital driver for all our strategic decisions, particularly in the areas of technology and processes.”

    With its new privacy officer in tow, the NSA can now make strides towards restoring the nation’s trust in its operations since the Snowden leaks began. It probably won’t do much until Congress can get around to dismantling the bulk metadata collection program, but it’s a start.

    Image via NSA.gov

  • Author of the PATRIOT Act: NSA Abuses Its Power

    On Veteran’s Day, US House representative Jim Sesenbrenner was in Brussels, Belgium, testifying before the European Parliament at the Committee on Civil Liberties, Justice, and Home Affairs about the ongoing abuse of the bill he wrote, the Patriot Act. There, he unveiled his true feelings, protesting the NSA’s mass spying, saying James Clapper should be terminated and put on trial, and that Dianne Feinstein’s Fisa Improvements Act is a “scary” lapse of judgment since it allows the government to, without a warrant, search through data collected by the NSA.

    Sesenbrenner said in his speech (PDF) to the EU parliamentarians that he never thought the Patriot Act would be used against the public so intrusively.

    “Congress knew the country needed new tools and broader authorities to combat those who meant to harm us, but we never intended to allow the National Security Agency to peer indiscriminately into the lives of innocent people all over the world.”

    Sesenbrenner defended the Patriot Act for its ability to foil terrorist schemes. However, he went on to state that those in power have abused the law, infringing on the rights of the public; the checks and balances are out of balance.

    http://www.youtube.com/watch?v=UqHoobjmpps

    “I firmly believe the Patriot Act saved lives by strengthening the ability of intelligence agencies to track and stop potential terrorists, but in the past few years, the NSA has weakened, misconstrued and ignored the civil liberty protections we drafted into law.”

    “Worse, the NSA has cloaked its operations behind such a thick cloud of secrecy that, even if the NSA promised reforms, we would lack the ability to verify them.”

    To combat such offenses, Sesenbrenner paired with Senator Patrick Leahy, the Chairman of the Senate Judiciary Committee, in introducing the Uniting and Strengthening America by Fulfilling Rights and Ending Eaves dropping, Dragnet-collection, and Online Monitoring Act (USA FREEDOM Act).

    The USA FREEDOM Act would end the NSA’s bulk collection of data under the Patriot Act whether it pertains to Americans or foreigners. The US Government would still be able to follow leads and obtain data when it has a reasonable suspicion that someone is connected to terrorism, but it would no longer be able to collect data indiscriminately in bulk from innocent people.”

    Sesenbrenner had “worked under strict time constraints” when penning the Patriot Act and getting it passed. He said that the NSA “ignored restrictions painstakingly crafted by lawmakers and assumed a plenary authority we never imagined.”

  • Police Tracking Your Every Move With License Plate Readers

    Police Tracking Your Every Move With License Plate Readers

    Privacy. It’s on everyone’s minds these days. A couple of months ago it was Apple and Google that were drawing the ire of consumers with the storing of location data. And of course, Facebook is always mentioned when people discuss their concerns about online privacy. But as technology gets better, and the tools used to capture information and the databases used to store and disseminate the information become more capable, the lines between online and offline privacy continue to blur.

    On that note, let’s say that you are having a Sunday afternoon picnic with your child. The weather’s good, you’ve been running around and playing – but now it’s time for lunch. You open up the cooler, only to discover that you’ve left a couple of the sandwiches in the car. The car’s just a few yards away, so you quickly run to grab the sandwiches.

    And in a split second, you look back to see that your child is gone. You catch a black sedan speeding away and you are barely able to catch the license plate. Because you caught that license plate, police are able to search a giant database of plate captures and track the movements of the kidnapper.

    A classic question: What is more important, public safety or personal freedom? What are you willing to sacrifice? Let us know in the comments.

    Ok, I know this whole scenario seems a little bit Without A Trace or Lifetime movie-esque, but the point is that police were able to use an ever-expanding database of data culled from license plate snapshots in order to generate real-time location information. That’s a reality, and it’s happening in our nation’s capital, among other places.

    The Washington Post is reporting that police in D.C. are beefing up the area covered by license plate cameras. More than 250 cameras in D.C. and its suburbs are constantly hard at work, grabbing license plate numbers and sticking them into databases. The police aren’t exactly doing this quietly, but it’s being done with “virtually no public debate.”

    The highest concentration of these plate readers in the entire nation exists in D.C. (one reader per square mile), so that means that District police are building the biggest location database based on license plates in the whole country.

    Let’s take a brief look at these license plate readers.

    First, these are apparently different types of cameras than the cameras cities have been affixing near stoplights and other places to catch people running red lights or speeding – the “here’s a ticket 2 weeks later in the mail” cameras.

    These plate readers cost about $20,000 each and can snatch images of numbers and letters on cars traveling nearly 150 mph and across four lanes of traffic. These plate readers in D.C. take 1,800 images per minute, every one of which is stored in a database.

    Basically, these plate readers have made it possible for police to track everyone’s movements as they move across the city.

    These plate readers and the subsequent database of image captures has tipped the privacy concerns of some – notably the American Civil Liberties Union. One of their main concerns is naturally the privacy implications.

    In the District, laws are in place that limit the amount of time that surveillance camera footage can be kept. The images must be dumped after 10 days, unless there is an actual investigatory reason to keep them. But right now, there is nothing keeping data from the plate readers from being stored for years.

    The ACLU says that this database is storing the location data of innocent people. And they are right. The plate readers are casting an all-inclusive net, grabbing license plate numbers indiscriminately.

    Clearly this technology is rapidly approaching the point where it could be used to reconstruct the entire movements of any individual vehicle. As we have argued in the context of GPS tracking that level of intrusion on private life is something that the police should not be able to engage in without a warrant.

    Let’s think back to the slightly-stylized child abduction scene from the beginning of this article. Maybe that seems a bit far-fetched, but the reality of the situation is that the plate reader database has helped police. According to the D.C. police department, they make an arrest a day with the help of the plate readers. In a four month period this year, they also found 51 stolen cars.

    And although our child abduction story above might seem unrealistic, the possibilities are there for the plate readers to help in truly significant ways. Police could track cars to and from murder scenes or use it to identify players in organized crime circles like sex trafficking – by logging which cars travel between certain locations.

    But the fact that the technology is beneficial or could be beneficial in terms of law enforcement does not assuage concerns of a “surveillance society” becoming the norm in the U.S. It’s a classic argument that pits personal liberties against security and safety. Just how much of your freedom are you able to give up to feel safer? This is a crucial debate that we’ve seen play out most recently after 9/11 with the Patriot Act.

    The ACLU channels Minority Report to discuss preemptive law enforcement:

    Of course, if the police track all of us all the time, there is no doubt that will help to solve some crimes — just as it would no doubt help solve some crimes if they could read everybody’s e-mail and install cameras in everybody’s homes. But in a free society, we don’t let the police watch over us just because we might do something wrong. That is not the balance struck by our Constitution and is not the balance we should strike in our policymaking.

    Obviously, the plate readers are a valuable tool for the police, and there are an abundance of situations where one could imagine the searchable database of plate captures to be extremely useful. But are those plate readers building up a database that’s just a little too full of innocent people’s location information for your liking?

    If this kind of thing is to proliferate (both in D.C. and across the country), it is argued that it needs to see the light of day. Basically, society should have time to debate its merits and discuss their concerns. “The police should not be able to run out and buy a new technology and put it in place before anybody realizes what’s going on,” says Jay Stanley of the ACLU’s Privacy and Technology Program.

    What do you think about the expansion of the plate reader technology? Do the benefits outweigh the privacy and personal freedom concerns? Or is this an example of big brother yielding too much power with the ability to catalog this data without warrants? Let us know in the comments.