Tag: civil liberties

How Not to Think About Drone Policy

Today, The Oklahoman published an editorial that serves as a good example of how not to think about drone policy. According to The Oklahoman editorial board, a proposed drone weaponization ban was a solution in search of a problem, and concerns regarding privacy are based on unjustifiable fears. This attitude ignores the state of drone technology and disregards the fact that drones should prompt us to re-think privacy protections.

Weaponized drones are often thought of as tools of foreign policy, but technological advances mean that Americans should be keeping an eye out for armed drones on the home front. Yet, in the pages of The Oklahoman readers will find the following:

we know of no instance where Oklahoma law enforcement officers have used drones to shoot someone without justification. To ban the police from using weaponized drones appears a solution in search of a problem.

I’m not aware of police in Oklahoma using drones to shoot someone with justification, but that’s beside my main point. Oklahoman lawmakers shouldn’t have to wait for a citizen to be shot by a weaponized drone before considering regulations. It would be premature for legislators to consider teleport regulations or artificial intelligence citizenship bills. But weaponized drones are no longer reserved to the imagination of science fiction writers. They’re here.

Cities Seek Police Surveillance Transparency and Oversight

Today, legislative efforts began in eleven cities (see right) aimed at requiring police departments to be more transparent about the surveillance technology they use. The bills will also reportedly propose increased community control over the use of surveillance tools. These efforts, spearheaded by the ACLU and other civil liberty organizations, are important at a time when surveillance technology is improving and is sometimes used without the knowledge or approval of local officials or the public.

Many readers will be familiar with CCTV cameras and wiretap technology, which police use to investigate crimes and gather evidence. Yet there is a wide range of surveillance tools that are less well-known and will become more intrusive as technology advances.

Facial recognition software is already used by some police departments. As this technology improves it will be easier for police to identify citizens, especially if it is used in conjunction with body cameras. But our faces are not our only biometric identifiers. Technology in the near future will make it easier to identify us by analyzing our gait, voice, irises, and ears.

Harsh Consequences Required for Officers Who Fail to Activate Body Cameras

Last Thursday, a Chicago police officer shot unarmed 18-year-old Paul O’Neal in the back, killing him. O’Neal reportedly crashed a stolen car into a police vehicle during a chase and then fled on foot. Two officers then fired at O’Neal. This is the kind of incident where body camera footage would be very helpful to investigators. The officer who shot O’Neal was outfitted with a body camera. Unfortunately, the camera wasn’t on during the shooting, raising difficult questions about the rules governing non-compliance with body camera policy. While there is undoubtedly a learning curve associated with body cameras officers who fail to have them on during use-of-force incidents should face harsh consequences.

Body camera footage of O’Neal’s shooting would make the legality of the killing easier to determine. The Supreme Court ruled in Tennessee v. Garner (1985) that a police officer cannot use lethal force on a fleeing suspect unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” The Chicago Police Department’s own use-of-force guidelines allow officers to use a range of tools (pepper spray, canines, Tasers) to deal with unarmed fleeing suspects under some circumstances, but the firearm is not one of them.

O’Neal’s shooting would be legal if the officer who shot him had probable cause to believe that he posed a threat of death or serious injury to members of the public or police officers. Given the information available, perhaps most significantly the fact that O’Neal was unarmed, it looks likely that O’Neal’s died as a result of unjustified use of lethal force.

So far, the Chicago Police Department has stripped three officers involved in the chase and shooting of police powers, with Superintendent Eddie Johnson saying that the officers violated department policy. O’Neal’s mother has filed a federal civil rights lawsuit, alleging that her son was killed “without legal justification.”

Arab and Muslim Americans: The New “Others”

Over the last month, GOP presidential hopeful Donald Trump’s counterterrorism policy prescriptions have included creating a database of Arab and Muslim Americans, and more recently, a call for a ban on all Arab/Muslim immigration to the United States. While he has yet to call for the creation of WW II-style ethnic/religious concentration camps for our Arab/Muslim American neighbors, at this point nothing seems beyond the pale for Trump. Unfortunately, as I have noted before, when it comes to stigmatizing–if not de facto demonizing–Arab/Muslim Americans, he’s getting some help from DHS, DoJ, and the legislative branch.

Indeed, in the ongoing legislative battle to pass dubious cybersecurity legislation, House Homeland Security Chairman Mike McCaul (R-TX) is being wooed to support the revised cyber information sharing bill with a new carrot: the inclusion of his “countering violent extremism” (CVE) bill in the FY16 omnibus spending bill–a measure condemned earlier this year by civil society groups from across the political spectrum.

To date, McCaul has been opposed to the Senate’s approach to cybersecurity issues in the form of the Cybersecurity Information Sharing Act (CISA), and, keeping that in mind, House and Senate supporters have largely excluded him from their negotiations over a final cyber bill. By dangling the inclusion of his CVE legislation in the omnibus is a clear effort to get McCaul to drop his opposition to CISA by giving him one of his priorities: Passage of CVE legislation would create yet another bureaucracy in DHS to essentially monitor the Arab/Muslim American population for signs of extremism. 

The fact that a similar CVE effort in the U.K. failed miserably has not deterred Congressional boosters like McCaul from pursuing that same discredited approach at the expense of the civil and constitutional liberties of a vulnerable minority population. Additionally, the expense of American taxpayers is likely to be at least an additional $10 million per year for the proposed DHS CVE office. 

As former NBC Nightly News anchor Tom Brokaw reminded us this week, Arab and Muslim Americans have died for the United States in Iraq and Afghanistan. They have paid for our freedom with their blood and their lives. Proposals that would strip them of their rights and attempt to turn them into political and societal lepers should be repudiated–vocally and forcefully. Those who propose such un-American and unconstitutional discrimination are the ones who should be shunned and permanently confined to the unhinged fringes of American political and social life.

The Intimidation Game: The Secret Service vs. Jason Chaffetz

Most of the controversy over government surveillance programs in the last few years has focused on fears of what the NSA or FBI might do with the personal data they’ve collected on Americans guilty of no crime. But what if you’ve applied for a federal job? Surely that information would not be misused or improperly accessed, particularly since it is protected by the Privacy Act?

That’s probably what now-Congressman Jason Chaffetz (R-UT) thought when he applied for a job with the Secret Service in 2003. But as the chairman of the powerful House Committee on Oversight and Government Reform Committee, Chaffetz earned the hatred of many in the Secret Service for his investigations into the agency’s many recent blunders and scandals. Thanks to a Department of Homeland Security Inspector General investigation into the leak of Chaffetz’ 2003 Secret Service application, we now have an idea of how extensive the leak of his personal information was throughout the agency. As the IG noted:

We were unable to determine with certainty how many of those individuals in turn disclosed this information to others who did not have a need to know, who
may have then told others. However, the disclosure was widespread, and recipients of the information likely numbered in the hundreds. Those agents
we interviewed acknowledged freely sharing it with others in the Secret Service, often contemporaneously with accessing the information. One agent reported
that by the end of the second day, he was sent on a protection assignment in New York City for the visit of the President of Afghanistan, and many of the
approximately 70 agents at the protection briefing were talking about the issue. 

With one exception, the IG also found that senior civil servants in the Secret Service did nothing to stop the propogation of Chaffetz’ personal data:

DHS Uses Local Law Enforcement To Shut Down Tor Access For Library Patrons

Earlier this year, the Library Freedom Project launched an initiative to test the use of Tor exit relays in local libraries as a means of helping library patrons browse the internet annonymously. As the LFP noted

To begin this new project, we needed a pilot, and we had just the library in mind – Kilton Library in Lebanon, New Hampshire, one of two Lebanon Libraries. Chuck McAndrew is the IT librarian there, and he’s done amazing things to the computers on his network, like running them all on GNU/Linux distributions. Why is this significant? Most library environments run Microsoft Windows, and we know that Microsoft participated in the NSA’s PRISM surveillance program. By choosing GNU/Linux operating systems and installing some privacy-protecting browser extensions too, Chuck’s helping his staff and patrons opt-out of pervasive government and corporate surveillance. Pretty awesome.

At least it was awesome until the Department of Homeland Security got wind of the project.

As Julia Angwin of ProPublica reports today

In July, the Kilton Public Library in Lebanon, New Hampshire, was the first library in the country to become part of the anonymous Web surfing service Tor. The library allowed Tor users around the world to bounce their Internet traffic through the library, thus masking users’ locations.

Soon after state authorities received an email about it from an agent at the Department of Homeland Security.

“The Department of Homeland Security got in touch with our Police Department,” said Sean Fleming, the library director of the Lebanon Public Libraries.

After a meeting at which local police and city officials discussed how Tor could be exploited by criminals, the library pulled the plug on the project.

“Right now we’re on pause,” said Fleming. “We really weren’t anticipating that there would be any controversy at all.”

He said that the library board of trustees will vote on whether to turn the service back on at its meeting on Sept. 15.

Nearly everything in our society has been or will be exploited by criminals: cars, cellphones, hatchets, cleaning solutions, tape, boats, aircraft–the list is virtually endless. It’s part of living with and in a free society, and the feds don’t come knocking on 3M’s door every time a criminal uses their tape to facilitate a break-in or other criminal act. But federal agencies like DHS and the FBI are literally on an anti-encryption, anti-privacy crusade with respect to consumer electronics and software–especially high-quality, publicly audited and effective anonymization technology like Tor. The Kilton Library’s internet freedom project has just become the federal government’s latest victim in that misguided campaign.

To recap: DHS used the Lebanon, New Hampshire police department to lean on–if not outright intimidate–a local library into at least temporarily abandoning a tool that reinforces Fourth Amendment privacy protections–and in doing so treated all of the Kilton Library’s patrons as potential criminals first, and as citizens with rights a very distant second.

June’s Cato Unbound: The Snowden Files, One Year Later

This month at Cato Unbound, we’re discussing Edward Snowden’s NSA revelations.

We mostly know the story, but it bears repeating: One year ago this week, Glenn Greenwald wrote a news story that would change the world forever. In it, we learned that the National Security Agency had been secretly collecting enormous amounts of telephone metadata on what were presumably ordinary American citizens. The agency had done so without a warrant and without suspicion of any indiviudal person. The revelation changed forever how Americans think about national security, privacy, and civil liberties in the digital age.

More revelations soon followed. Among many others, these included NSA surveillance of web activitymobile phone location data, and the content of email and text messages. The NSA also conducted many highly embarrassing acts of surveillance against allied or benign world leaders, including German Chancellor Angela Merkel and the conclave that recently elected Pope FrancisIt had subverted commonly used encryption systems. It had co-opted numerous tech companies in its plans. Its leaders had repeatedly lied to, or at the very least misled, the U.S. Congress

How far should surveillance go? What has been the value of the information gained? What have we given up in the process? What are the risks, should malign actors ever get their hands on the controls of the system?

We are able to ask these questions today because of one individual: Edward Snowden, a systems administrator for the NSA who chose to make public the information to which he had access. We have no choice now but to debate it. That’s simply what democracies do whenever such momentous information becomes public.

Joining us at Cato Unbound this month are four individuals with extensive knowledge in the fields of national security and civil liberties: Cato Senior Fellow Julian Sanchez, Brookings Institution Senior Fellow Benjamin Wittes, Georgetown University Professor Carrie F. Cordero, and independent journalist Marcy Wheeler. Each brings a somewhat different perspective on the matters at hand, and we welcome them all to what is sure to be a vigorous debate.