Topic: Law and Civil Liberties

L-1: The Technology Company in Your Pocket

Inspired by the promotional brochure I recently came across, I’ve taken a look at L-1 Identity Solutions in a new Cato TechKnowledge. Though it has better options, L-1 and its new acquisition, Digimarc ID Systems, seem likely to continue lobbying for the REAL ID Act. My concluding line: “A corporate lobbying operation can do as much harm to liberty as any government agency or official.”

‘Testilying’

“Testilying” is a term that police officers use to describe false testimony they give in court so that an otherwise illegal search or arrest can be justified.  It’s hard to tell how common the practice is, but it’s much more common than most people want to believe.

This New York Times report is telling.  First, we don’t know how many illegal searches and arrests take place because, as Federal Judge John Martin observes, “We don’t have statistics for all the people who are hassled, no gun is found, and they never get into the system.”  These are low-visibility state offenses that we might call state misdemeanors.  They happen all over but more often in the poorer neighborhoods.  Who would go to the trouble of consulting a lawyer for an illegal 10 minute police stop and pat-down?  How many lawyers would bother to take such a case if someone did walk in off the street with such a complaint?

Next come the cases where the police find contraband and go to court with a fabricated story in order to try and get a conviction.  In a system where such conduct goes unpunished, it’s safe to say we’re going to get more of it.  And the cops who skirt the rules are likely to rise through the ranks faster.  After all, they have many more arrests to their credit than their peers.

Note the utter indifference of the police and prosecutors to reports of testilying.

Kudos to the New York Times for this “revealing glimpse” of our troubled system.  For some related Cato work, go here and here

REAL ID Deadline Passes - Zero Compliance

Yesterday - Sunday, May 11, 2008 - was the statutory deadline for state compliance with the REAL ID Act. Not a single state has begun issuing nationally standardized IDs as called for by the law. Nor are they putting driver information into nationally accessible databases.

Matthew Blake of the Washington Independent has a solid recap of the situation.

Cracking Down on Legal Permanent Residents, Pt. II

A couple of weeks ago, I wrote about a legal permanent resident who was arrested because he shared a common name with a suspected illegal immigrant. It illustrated how the E-Verify program would foul things for legal workers, a prominent subject of this paper.

Here’s another story of legal permanent resident mistreatment. This illustrates how overblown terror fears can cloud officials’ judgments and foul things for … well, everyone.

It seems that a woman in Florida asked her relatives in Monterrey, Mexico to ship her the birth certificates of two relatives who want to apply for their Mexican passports at the consulate in South Miami. At the behest of U.S. Customs and Border Security, the envelope is being held by the United Parcel Service in Louisville, Kentucky until she identifies herself further.

Asked to explain, a CBP spokeswoman in Washington asserted the U.S. government’s right to examine everything entering or exiting the country and said, “Identity documents are of concern to CBP because of their potential use by terrorists.”

This is a terrific example of poorly generated suspicion. In our paper on predictive data mining, Jeff Jonas and I wrote about how suspicion is properly generated in the absence of specific leads: “[T]here must be a pattern that fits terrorism planning … and the actions of investigated persons must fit that pattern while not fitting any common pattern of lawful behavior.”

False identities and forged documents have been used by terrorists, but with little purpose or effect. There just isn’t a proximate relationship between false identification and successful attacks. But obviously some terrorists have believed that they need false or fraudulently-gotten IDs. So there is a weak but plausible relationship between shipping identity documents and terrorism planning.

But that doesn’t end the inquiry. We have to ask a second question: Does shipping identity documents fit any common pattern of lawful behavior? Yes it does, such as the example here: legal permanent residents seeking to apply for home-country passports at consulates in the U.S. There are probably dozens of other reasons for shipping identity documents as well. CBP’s suspicion of this woman and her documents is not well founded.

One is reminded of the cases where photographers have been harassed or arrested for photographing buildings and monuments. Yes, photography of big things is potentially consistent with terrorism planning! Oh, but it’s also consistent with having an interest in architecture, having an interest in photography, taking a vacation, working as a photographer for a newspaper, and so on, and so on …

This woman should get her documents without further delay.

Eternal Vigilance, Inc.

The Style section of today’s Washington Post features a terrific article about the National Security Archive, the nonprofit group dedicated to unearthing goverment secrets. The privately funded group, about 35 strong, uses the Freedom of Information Act to collect about 75,000 documents a year, which staffers analyze and then post on the website. The Archive’s greatest hits (see, e.g., here and here) demonstrate that as Patrick Henry put it, one should “never depend on so slender a protection as the possibility of being represented by virtuous men.” Don’t trust: verify.

One of my favorite documents on the site is the Operation Northwoods Memo, prepared by the Pentagon in the wake of the Bay of Pigs disaster:

titled “Justification for U.S. Military Intervention in Cuba” [the memo] was provided by the JCS to Secretary of Defense Robert McNamara on March 13, 1962, as the key component of Northwoods. Written in response to a request from the Chief of the Cuba Project, Col. Edward Lansdale, the Top Secret memorandum describes U.S. plans to covertly engineer various pretexts that would justify a U.S. invasion of Cuba. These proposals - part of a secret anti-Castro program known as Operation Mongoose - included staging the assassinations of Cubans living in the United States, developing a fake “Communist Cuban terror campaign in the Miami area, in other Florida cities and even in Washington,” including “sink[ing] a boatload of Cuban refugees (real or simulated),” faking a Cuban airforce attack on a civilian jetliner, and concocting a “Remember the Maine” incident by blowing up a U.S. ship in Cuban waters and then blaming the incident on Cuban sabotage.

Sounds like tinfoil-hat stuff, I know, but thanks to FOIA and the National Security Archive, you can check for yourself [.pdf]. But if Dick Cheney and Donald Rumsfeld had had their way, you couldn’t. As top aides to Gerald Ford 34 years ago, they urged the president to veto amendments strengthening FOIA (he did, and Congress overrode his veto). The Archive has the documents on that too.

(cross-posted on genehealy.com)

Philly Cops on Tape

A TV News helicopter filmed Philadelphia police officers as they repeatedly kick three suspects as they lay on the ground.  Go here to see the video clip.

Police Commissioner Charles Ramsey says 5 officers have been taken off street duty because of their actions.   Why are those 5 not under arrest for battery?

Philadelphia authorities reportedly hope to identify the other police officers involved in the incident.  Hope?!    If the Commissioner can’t or won’t issue an order to come forward or face dismissal by the close of business, there are deeper problems with the police department.