Tag Archives: Aclu

Massachusetts’ Law Enforcement Councils: Born In Infamy, Sustained By Fear

NEMLEC BACK

The reporters at the Bay State Examiner, Maya Shaffer and Andrew Quemere, do real journalism – the kind that chases stories of misdeeds in high places, instead of breathlessly reproducing press releases on celebrities in rehab. They’re in it for truth, not for big paydays and access to power.

Their latest piece, produced in collaboration with BINJ and DigBoston, sheds light on the operation of NEMLEC. NEMLEC is one of Massachusetts’ “Law Enforcement Councils”, shadowy 501(c)(3) entities that outwardly exist to coordinate the activities and equipment of police departments.

In reality, NEMLEC was founded in the 1960s, as its own mission stated – till people noticed in 2014 that this was, well, hellaciously racist, among other things – to address “disorder associated with suburban sprawl as people migrated from larger cities, the development of the interstate highway system, the civil rights movement and the growing resistance to the Vietnam War [all of which] threatened to overwhelm the serenity of the quaint, idyllic New England towns north and west of Boston.”

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Yep, those darned hippy peaceniks and black radicals wanting outrageous things like peace and justice were a threat to the “serenity” of founding departments in Wakefield, Wilmington, Woburn and five other jurisdictions north of Boston; and 43 other police departments, including my own town of Belmont, found this `urban threat’ message so urgent and compelling that they signed up too. Law enforcement, then and now, is deeply suspicious of people who argue that the status quo should change.

In service of that mission, the LECs’ job nowadays is to coordinate SWAT raids, mostly on minor drug warrants; to foster the militarization of member police departments by pooling high-grade equipment; and to provide military-style training, like “Urban Shield“, that encourages well-meaning law enforcement officers to regard members of the public as the enemy.

NEMLEC and the other law enforcement councils recently settled a lawsuit with the ACLU where they conceded that they were in fact subject to the public records law. Shaffer and Quemere decided to test this out. It took “nearly two months, seven in-person visits, numerous phone calls and emails, and a run-in with the Wilmington police” to get (some of) the records they were seeking. Their story details an agency that is really hoping that nobody finds out what they’re doing, and points up the significant flaws in Massachusetts’ public records laws.

We’re looking forward eagerly to the next installment in this series to see what these hard-won records reveal.

MA, Feds Behind The Curve on Warrants for Email Searches

Back in the days of DEC and Wang Computer, there was serious doubt whether California’s Route 101 or Massachusetts’ Route 128 would be at the forefront of the digital economy. My aunt immigrated to Massachusetts to stake out her part of the new digital frontier. And round about that time, when I was seven years old, is also the last time Congress passed an email privacy bill. Called the “Electronic Communications Privacy Act“, by now it might as well be called the “Ordinance Describing Rules Regarding the Transportation of Speedy Telegrams Via Means Faster Than The Horse” for all the good it does. Among other ridiculously outdated provisions, it treated holding onto your emails for more than six months as a crazy-expensive thing only crazy people would ever do, so emails older than that are considered “abandoned” like your curbside trash. Law enforcement therefore don’t need to get a warrant to search it.

Fast-forward to now, and a federal bill to solve this, the Email Privacy Act, now has more than 300 sponsors in the House. That would be more than enough to pass it if it got to the floor, and is more cosponsors than any other bill still being held up in committee. It’s being held up essentially because the SEC and FTC want a free hand to not get warrants:

In a hearing before the Senate Judiciary Committee, representatives of the SEC and FTC claimed that other other types of court orders provide a comparable standard to a warrant based on probable cause. Nothing could be further from the truth. A search warrant – the standard in the constitution – allows access to information only when there is a strong likelihood it will show evidence of criminal violations of the law. That is a high standard that applies only in a narrow class of cases. By contrast the SEC and FTC are seeking access to email whenever it is relevant to civil violations of the law – such as mistakenly filling out a tax form. That is a low standard which applies in many cases. This rule would then apply to every agency – from the IRS to the local health inspector. Agencies shouldn’t be able to highjack reform to seek a digital power grab,” said Chris Calabrese, Vice President for Policy at the Center for Democracy & Technology (CDT)

In reaction to these roadblocks, organizers at the state level, including our fellow chapters of Restore The 4th – SF Bay Area and Restore The 4th- LA, have advocated for stronger state privacy laws, and in California, they just succeeded in passing Cal-ECPA, the strongest email privacy law in the nation.

In Massachusetts, our path to Warrant Protection for Email City has resembled so far, far more the federal path than the one California just chose. Last session, a bill was reported out favorably from committee, and got dropped only on the last day of the session, amid the usual flurry of the close of business. It just came up again at this week’s Judiciary Hearing, the ACLU testified on it, and we support it too. But California has now lit the path for us to follow, and it will matter greatly whether we follow it. Massachusetts residents should not enjoy lesser protections for their emails than California residents, any more than the Sox deserve to lose to the Giants.

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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The Day We Fight Back: Join the resistance against mass surveillance!

The Internet is organizing to oppose mass surveillance on February 11, the anniversary of Aaron Swartz’s passing. We’re calling it The Day We Fight Back. This is what we’re doing and how you can get involved.

Call Your Congressmember
Both of our Senators here in Massachusetts and four of our Congressmembers (Tierney, McGovern, Capuano, Keating) have co-sponsored the USA FREEDOM Act, which represents the best near-term chance of meaningful reform of the surveillance state. Now would be an excellent time for newly minted Congresswoman Katherine Clark (D-Malden) to follow through on her pledge during the campaign to oppose mass surveillance. We’ll be coordinating calls with the ACLU of Massachusetts and others to try to get all nine of our U. S. House members to support it. We need volunteers for all nine congressional districts, so if you can, please sign up to help below.

UPDATE: Courtesy of PrivacySOS, we have news that Rep. Stephen Lynch (D-MA08) has signed on as a cosponsor. That now makes a majority of Massachusetts representatives cosponsoring the USA Freedom Act.

Cryptoparty at Northeastern
Cryptoparties train members of the public in techniques that go some way toward protecting your communications and your personal data from intrusion by outsiders (non-governmental or governmental). In collaboration with the Tor Project, the Massachusetts Pirate Party, the ACLU of Massachusetts, the National Lawyers’ Guild and others, we’re putting on a cryptoparty at Northeastern University:

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Boston PD Suspends ALPR Program After Massive Privacy Violation

Just before Christmas, Muckrock and the ACLU of Massachusetts brought out excellent articles based on a full year of Muckrock’s investigative reporting into Boston PD’s use of automated license plate recognition technology.

ALPR systems automatically photograph and store in a police database the license plates of any car an ALPR-equipped police vehicle passes. The car may be parked or driving. It could be on the Pike, in a driveway, or anywhere a camera can reach. The question was, what does the Boston PD do with the mountain of data once it has it?

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Sauce for the Gander: Boston Police Officers Apparently Don’t Like Being “Followed All Over The Place”

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From the ACLU of Massachusetts:

Boston Police Department bosses want to install GPS monitoring devices in every patrol car, to enable dispatch to more efficiently process 911 calls. But police officers and their union are outraged, saying that the ubiquitous tracking is too invasive of their personal privacy. Tracking the location of officers as they go about their days would reveal incredibly detailed information about their lives, the officers say.

It must be just awful to go about your daily life looking over your shoulder, conscious that your every movement and activity is being recorded and could be used against you. Oh, wait. That’s what the entire American public is already dealing with, in this age of mass electronic surveillance. But the way the police union is hissing’n’flapping about it, it’s almost as if there was something wrong with that. Don’t they know that you have nothing to fear, if you have nothing to hide?

The ACLU’s tack is that if the police don’t like the feeling of being followed, they shouldn’t be pushing for technologies like mass tracking of license plates or cellphone locations. That’s fair enough, but there’s a larger point here also.

Police officers are public employees, and they would be monitored during, and only during, the performance of their duties as public officials employees. We require elected officials to disclose their votes publicly, and require secrecy for private individuals at the ballot box, even though that’s inconsistent, because public disclosure of how public business is conducted is vital to maintain democratic accountability. In the same way, close monitoring of law enforcement is vital, to ensure that police don’t abuse the vast and special powers society gives them. When you put cameras on cops, complaints about police misbehavior and brutality drop like a stone. We have the right – affirmed by the federal courts in the First Circuit and across America – to record the police in the commission of their duties. The Fourth Amendment constrains the actions of the government, not the actions of members of the general public.

The Boston police may not like it – last week’s PINAC case shows that they’re willing even to threaten people with felonies to avoid public embarrassment over misconduct – but they are not entitled to a high level of privacy protection in their capacity as police officers. That distinction matters. Doxxing police officers’ personal names and phone numbers and addresses is not cool. But recording them, having them record themselves, and encouraging people to call their office numbers and hold them accountable to the public, is vitally important in order to preserve freedom for the rest of us.

StopWatchingUs DC rally rocks out: 3,000+ people call for NSA reforms

This Saturday, DC saw something it had never seen before.

A city that treats the superficial hatreds of party politics as its lifeblood, saw thousands of people from across the political spectrum gather to denounce NSA mass spying. We heard, and roared approval for, the words of feminist Naomi Wolf, Dennis Kucinich (Democrat), Justin Amash (Republican), and Gary Johnson (Libertarian). Kymone Freeman spoke movingly about the impact of surveillance on minority communities and the civil rights movement. Whistleblowers Thomas Drake and Russell Tice were there, and Edward Snowden sent a message to be read by leading whistleblower-protecting attorney Jesselynn Radack. Tea Party people up from Richmond, VA, proudly put on Code Pink stickers labeled “Make Out Not War”. The press reported wonderingly that it was not put together “by any of the “usual” well-connected DC organizers.” I should know: I’m proud to say that, in a small way, I was one of them, and this was the first time most of us had done anything like this.

That wasn’t all. Here in Boston, activist Joan Livingston put together a solidarity rally at Park Street Station:

and ACLU organizer Raquel Ronzone arranged for the rally to livestream at the Digital Media Conference in Cambridge.

If you want updates on the StopWatchingUs campaign going forward, text “PRIVACY” to 877877. Stay tuned for the next stage of the campaign, which will be to pass the “USA FREEDOM Act.” Personally, just to hammer home the point, I’d have preferred the “USA FREEDOM Fourth Amendment Restoration – Objective: Undermining Tyranny Act of 2013”, because I too can do acronyms, but such frivolity is apparently frowned upon in the legislature that gave us the Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001 in the first place.

UPDATE: Oh yeah, I nearly forgot. I’m the tall guy to the left of Rep. Amash!

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Thousands to Rally in DC Against Mass Surveillance on Patriot Act Anniversary 10/26

We’re now at over 4,000 signups for the Stopwatching.us anti-NSA rally down in DC this Saturday!

We’re looking for people who are driving down to DC from New England and have space in their car for fellow protesters: please email me if that’s you!

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We’ll deliver a petition with over half a million signatures to Congress, We’ll demand real NSA reforms and an end to mass surveillance programs that do an end-run around the Fourth Amendment. It’s time for the lies to end.

To sign the petition: https://optin.stopwatching.us/
To join the rally: https://rally.stopwatching.us

Details below the fold:

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Cambridge debates switching on its surveillance cameras after Marathon attacks

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The city of Cambridge, MA is considering whether to switch on its network of surveillance cameras. Councillor Craig Kelley, who chairs the Public Safety Subcommittee [UPDATE: and whom, I should make clear, is skeptical about the merits of surveillance camera systems, scheduled seven public hearings on the newly proposed Security Camera Policy, but like most subcommittee hearings, they were relatively poorly attended]. The City Council voted unanimously on July 2 to ask the Mayor and the City Manager to arrange a better-publicized meeting to discuss the Policy.

ORDERED:
That Her Honor the Mayor and the City Manager be and hereby is requested to arrange a community meeting with other stakeholders to discuss the proposed Security Camera Policy submitted by the Police Department for implementation.

The minutes of the July meeting are here.

This is the history.

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