Tag Archives: Boston Pd

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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Are Boston Police Using Stingrays? Help MuckRock Find Out

Today’s news in Wired that the federal government is willing to send in the US Marshals to prevent disclosure of how local police departments are using stingrays, makes it seem that what they’re hiding is pretty important.

Our friends at public information service Muckrock.com are launching a new research project to find out exactly what police are doing with this kind of data. Shawn Musgrave describes their project below. We strongly encourage supporters of Digital Fourth to help them fund this important work. We don’t know yet whether any police departments in Massachusetts are using this secrecy-laden technology – wouldn’t you like to find out?

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At 2014 Boston Marathon, bags searched without warrants at police checkpoints

UPDATE: The Bay State Examiner has informed us that the correct byline for this story is “Andrew.”

For the 2014 Boston Marathon, police established checkpoints on various streets near the finish line where private security guards searched the bags of any spectators who attempted to pass through. The checkpoints were part of a new security plan, which was put in place in response to last year’s Boston Marathon bombings, which killed three and injured more than 260 people.

Prior to the race, the Massachusetts Emergency Management Agency (MEMA) published a list of recommendations for spectators including no backpacks, no loose clothing, no costumes or masks, no liquids in excess of one liter, and no weapons of any kind. MEMA also said that spectators may have their bags and bulky items searched at the aforementioned checkpoints.

We saw a number of these checkpoints in action and observed that the searches were primarily carried out by private security guards under the watch of Boston police officers. Once a person’s bag had been searched, the security guards would attach a tag to it and allow the person through.

The searches were not voluntary. Each checkpoint featured a banner reading “All bags and containers are subject to search.” We saw one man being forcibly removed from the area beyond a checkpoint by police officers who noticed that his mesh bag did not have a tag on it. Police took the bag away from the man and would not allow him back into the area until a security guard had searched it.

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A security guard searches through a man’s bag after police removed him from the area beyond a checkpoint

It was apparent that the police did not suspect the man had a bomb because they did not call a bomb squad to the scene. Instead, they asked the man for personal information such as his address, which they wrote down, and lectured him about the need to follow the rules the police had established.

“You got a bag, you put a tag on it. Okay? Simple,” one police officer told the man.

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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.”

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.

Globe reports on Saturday’s NSA/fusion center picnic

Michael Morisy at the Globe reports:

With speeches, flyers, and some family friendly songs, a few dozen protesters joined outside the Boston Regional Intelligence Center (BRIC) yesterday to push back against what they said were increasingly invasive government intrusions into individuals’ privacy.

The event was dubbed an Orwell Day protest, after George Orwell’s 1984 (the date was 8/4), a novel about a totalitarian regime that maintains control largely through an aggressive surveillance program.

“I believe in the constitution, I believe in the Fourth Amendment,” said Alex Marthews, founder of Digital Fourth, a non-profit which advocates for strong Fourth Amendment protections and a strong emphasis on privacy. He blasted BRIC as an ineffective institution that wasted time and money investigating peace activists and graffiti artists rather than more serious threats.

“An agency that does no good and wastes your money should be closed,” he said.

Maximum attendance was around 75, which was much larger than the first event – looks like the movement is growing. Here’s full footage of the first hour, featuring great speeches from Steve Revilak of the Mass Pirates and Joan Livingston of Veterans for Peace. Many thanks to the activists from #MassOps and Restore the Fourth Boston who put the event together!

NSA Resistance Picnic, SW Corridor Park by Boston Police HQ, Sunday 8/4, 3-6pm

Join #MassOps, Restore the Fourth, and the Massachusetts Pirates on Sunday, August 4th (19-8/4) in the SW Corridor Park behind Boston Police HQ and the Boston Regional Intelligence Center (BRIC), just round the corner from the Ruggles T stop on the Orange Line. There will be food, training in cryptographic techniques, barbecue, and a series of great speakers.

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Confirmed speakers include: Alex Marthews – President, Digital Fourth (that’d be me); Kinetic Theorist – Founder, MassOps; Chris Faraone – Journalist, Author, Mensch; Nadeem Mazen – Candidate, Cambridge City Council; Kade Crockford – ACLU activist; Jeffrey Nunes – Occupy activist; (Name withheld by request) – Activist targeted by the BRIC; Steve Revilak – Quartermaster, Mass Pirate Party; Joan Livingston – Veterans for Peace; Dan Consigli – Student; + Gabriel Camacho of the American Friends Service Committee.

From 5pm-6pm, the Mass Pirates will hold a “Cryptoparty”. Bring your laptops and find out how to protect yourself and your data from the surveillance state; if you have them, bring binoculars (quis custodet ipsos custodes?).

For background on the fusion centers issue, and on how they spy on innocent Boston residents and label them as extremists, see our previous reporting here.

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July 4, 10am: Restore The Fourth MA!

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Over 150 people are already coming to the rally to Restore the Fourth tomorrow in Boston. Thousands more will be rallying across the country. But this is Massachusetts. We invented the Fourth Amendment, and people will be watching Boston more than any other city tomorrow. Come with us and let the government know that we don’t need their fearmongering, and will not allow them to take our liberties.

Schedule
09:00 – 10:00: Gathering outside the Old State House in preparation for the day.
10:00 – 11:00: Listening reverently to the Declaration of Independence. Be respectful: save the protesting for after.
11:00 – 12:00: Talking with the crowds that gathered for the reading, followed by a peaceful “Cease and Desist” action at mobile stores to protest at their cooperation with the NSA. Then to Boston Common.
12:00 – 13:00: We’ll be demonstrating on the Common, as well as gathering signatures against the upcoming MA wiretapping bill. This bill aims to expand the Commonwealth’s use of electronic surveillance against its residents.
13:00 – 14:00: Make our way to Dewey Square.
14:30 – 17:00: March throughout Boston including Faneuil Hall and the Esplanade.

What to bring
Water (in clear plastic containers)
Fliers if you can print them (don’t print too many, they’ll likely get thrown away)
SIGNS. Lots of signs. Here are some ideas we came up with for some slogans.
Restore the Fourth!
No Warrant, No Search
Repeal the Patriot Act / NDAA
Don’t Spy on Me
Abolish DHS
No “Random” Searches
Save Edward Snowden
No Secret Courts