SC Body Camera Bill Limits Access to Footage

Today South Carolina Governor Nikki Haley will sign S.47, a body camera bill. The bill requires state and local law enforcement agencies in South Carolina to use body cameras and to develop body camera policies and procedures. It also establishes a “Body-Worn Cameras Fund” and prohibits police body camera footage from being accessed via Freedom of Information (FOIA) requests. The increased use of police body cameras is worthwhile, but limiting access to the footage hinders attempts to increase law enforcement accountability.  

Lawmakers fast-tracked S.47 following the death of Walter Scott, a 50-year-old man who in April this year was shot in the back while fleeing Michael Slager, a North Charleston, South Carolina police officer.

A passerby, Feidin Santana, filmed Scott’s shooting, and his footage will undoubtedly play a key role in Slager’s upcoming murder trial. Shortly after the shooting I wrote that it is impossible to know for sure how Slager would have reacted if he had been wearing a body camera, but nonetheless that “It is hard to imagine that if Slager had been wearing an operating body camera that he would have behaved the way he did.”

Although prioritized after Slager killed Scott, S.47 will limit public access to body camera footage of worrying police interactions with members of the public. Among those permitted to access police body camera footage are: the subjects of a body camera footage, criminal defendants, civil litigants, and attorneys representing any of these people.  

It is good that S.47 allows for some access to body camera footage, but the access is too limited. With police body camera footage exempt from FOIA requests it will be difficult for citizens who don’t meet the legislation’s access requirements, such as journalists, to request footage that might be of interest to the public.

The FOIA exemption was added to the bill in large part because of the costs associated with body cameras. It is true that storing, replacing, and maintaining body cameras can be expensive. For instance, Cleveland is expecting to spend $3.3 million over five years on 1,500 body cameras. But some lawmakers have tried to tackle the fiscal impact of body cameras. An Illinois body camera bill on Gov. Rauner’s desk includes a $5 fee for traffic tickets aimed at mitigating the cost of body cameras.

Body cameras can only be used as tools for increased law enforcement accountability while governed by sensible policy. S.47 does include some good proposals, such as requiring law enforcement agencies to use body cameras, but when it comes to access to body camera footage it is too restrictive.

#TakenInByDHS

Are journalists across the nation working to establish a national ID in the United States? Most would object, “Certainly not!”

But in reporting uncritically on the Department of Homeland Security’s claimed deadlines for implementing the U.S. national ID law, many journalists are unwittingly helping impose a system that the federal government may one day use to identify, track, and control every American. Today I’ve started Tweeting about news articles in which this occurs with the hashtag #TakenInByDHS.

Under the terms of the REAL ID Act, which became law more than ten years ago, states were supposed to begin issuing licenses according to federal standards by May of 2008. States that didn’t follow federal mandates would see their residents turned away at airports when the Transportation Security Administration declined their drivers’ licenses and ID cards.

The DHS failed to issue implementing regulations timely, and backed off of the statutory deadline by regulatory fiat. No state was in compliance with REAL ID on deadline, and no state is compliant with REAL ID today. Over the years, the Department of Homeland Security has declared a variety of milestones and deadlines in a fairly impotent effort to bring state driver licensing policy under federal control. Many states have resisted.

The reason for DHS’s impotence is that making good on the threat to prevent Americans from traveling would almost surely backfire. If already unpopular TSA agents began refusing Americans their right to travel, it would be federal bureaucrats and members of Congress getting the blame—not state legislators.

But most state legislators haven’t done this calculation. They are reluctant to create a national ID, and they don’t want to expend taxpayer funds on a program that undercuts their constituents’ privacy. But told of their potential responsibility for bedlam at local airports, they will accede to such things.

Turkish Vote Shatters Threat of Putin-Like Presidency

Two years ago protestors took over the streets of Istanbul, Turkey’s first city. Prime Minister Recep Tayyip Erdogan beat them down and last year he was elected president. His critics feared his plan to invest the largely ceremonial post with Putin-like authority. On Sunday, however, Turkish voters revoked his party’s majority.

The Justice and Development Party (AKP) came to power in 2002. Erdogan initially allied with liberals to systematically dismantle the authoritarian system that had replaced the Ottoman Empire.

The military came to dominate politics. At times, they executed and jailed opponents. Eventually, the nationalist establishment imploded. Weak coalition governments tolerated corruption and delivered economic malaise. In 2002, the AKP won a dramatic victory.

With Erdogan at its head, the party delivered liberty and prosperity. The new government dismantled repressive elements of the “Deep State,” put the military back in its barracks, created a more business-friendly environment, moved towards Europe, and pushed social reforms. The Turkish people rewarded the AKP with a steadily larger proportion of their votes.

Comments on the USGCRP Climate and Health Assessment

Global Science Report is a feature from the Center for the Study of Science, where we highlight one or two important new items in the scientific literature or the popular media. For broader and more technical perspectives, consult our monthly “Current Wisdom.”

On June 8th, the public comment period on the draft report on climate and health from the U.S. Global Change Research Program (USGCRP) closed. Never liking to miss an opportunity to add our two cents’ worth to the conversation, we submitted a set of comments that focused on the weakness of the underlying premise of the report, more so than the specific details (although we did include a sample set of those to show just how pervasive the selective and misuse of science is throughout the report).

Our entire Comments are available here. But, for convenience, here’s the highlight reel. In summary, we found:

What is clear from this report, The Impacts of Climate Change on Human Health in the United States: A Scientific Assessment, and all other similar ones that have come before, is that the USGCRP simply chooses not to accept the science on human health and climate and instead prefers to forward alarming narratives, many based on science fiction rather than actual science. To best serve the public, this report should be withdrawn. By going forward without a major overhaul, its primary service [will] be to misinform and mislead the general public and policymakers alike.

Here we lay out the general problem:

The authors of the USGCRP draft of The Impacts of Climate Change on Human Health in the United States: A Scientific Assessment report have an outstanding imagination for coming up with ways that climate change may negatively impact the health and well-being of Americans, but a profound lack of understanding in the manner in which health and well-being is impacted by climate (including climate change).

What Will Obama Do if He Loses King v. Burwell?

Rather than retread the ground Michael Cannon ably covered yesterday regarding President Obama’s healthcare speech – short version: we’re all in this together, so if you’re against Obamacare, you’re for letting people die in the streets – I want to look ahead to what our fearless leader will do if the government does indeed lose King v. Burwell.

We’ve famously been told that the Department of Health & Human Services has no Plan B. But what if the Supreme Court forces the executive branch’s hand? Yes, there’ll be plenty of finger-pointing and demagoguery as a high-stakes game of chicken unfolds among the White House, Congress, and various state governments. But what could Obama/HHS do? Remember, this is the president who has a pen and a phone, and “if Congress won’t act, I will.”

The running joke is that HHS/IRS will simply promulgate another rule deeming all federal exchanges to be state exchanges. But that couldn’t possibly be the answer, could it?

Actually, that’s an option, as described by Josh Blackman, co-author of Cato’s amicus brief in the case, in a new paper he wrote for the Federalist Society titled “The Legality of Executive Action after King v. Burwell.” Here’s the scenario:

HHS could determine that the fourteen states that declined to establish an exchange, but continued to perform certain regulatory activities that overlap with the ACA [what is known as “plan management”] have in effect established an exchange. As a result, consumers in these states could continue to receive subsidies. This approach would be inconsistent with the ACA, and disregard the choices the sovereign states made not to establish an exchange. If HHS issued such regulations—likely without notice and comment—it would amount to an end-run around an adverse ruling in King v. Burwell, and open the door to future litigation.

Iceland: Hayek Got It Right

According to recent reportage in The Economist, “Many economists point to Iceland as a case study of what should be done during an economic crisis: devalue your currency, impose capital controls and avoid excessive austerity.” Not so fast.

Capital controls are for the birds. Nobelist, Friedrich Hayek, got it right in his 1944 classic, The Road to Serfdom:

The extent of the control over all life that economic control confers is nowhere better illustrated than in the field of foreign exchanges. Nothing would at first seem to affect private life less than a state control of the dealings in foreign exchange, and most people will regard its introduction with complete indifference. Yet the experience of most Continental countries has taught thoughtful people to regard this step as the decisive advance on the path to totalitarianism and the suppression of individual liberty. It is, in fact, the complete delivery of the individual to the tyranny of the state, the final suppression of all means of escape—not merely for the rich but for everybody.