Tag: technology

Miami-Dade Police Abandon Aerial Surveillance Plans

Image from PSSThe Miami-Dade Police Department (MDPD) is scrapping plans to test persistent aerial surveillance technology following criticism from privacy advocates. This kind of technology has prompted privacy concerns in others cities, with Baltimore being perhaps the most notable. One of the best-known aerial surveillance companies allows users to keep a roughly 25 square mile area under surveillance and comes with “Google Earth with TiVo” capability, The news from Miami-Dade county. while reassuring, underlines a number of issues concerning federalism, privacy, and transparency that lawmakers must tackle as aerial surveillance tools improve and proliferate.

MDPD Director Juan Perez was set to ask county commissioners to retroactively approve a grant application to the Department of Justice for the aerial surveillance testing. The fact that MDPD was seeking federal money for the surveillance equipment reminds us that federal involvement in state and local policing should be strictly limited.

The aptly-named Persistent Surveillance Systems (PSS), the Ohio-based company that made the sensor system deployed in Baltimore, uses technology originally designed for military operations in Iraq and Afghanistan.

Military equipment has an unfortunate tendency to make its way from foreign battlefields into the hands of domestic law enforcement, as my colleagues have been outlining for years. This is a trend that ought to be strongly resisted.

It’s not clear if the Department of Justice’s Office of Justice Programs would have approved MDPD’s grant application, but given the current attorney general’s record on civil liberties, as well as the president’s own enthusiasm for aerial surveillance, we shouldn’t be surprised if similar grants are approved during the Trump administration.

Protect Your Privacy and Save Money by Telling NHTSA No to the Vehicle-to-Vehicle Communications Mandate

Comments on the National Highway Traffic Safety Administration’s proposed vehicle-to-vehicle communications mandate are due next on Wednesday, April 12. This is one of the rules that was published just before President Trump was inaugurated. If approved, it will be one of the most expensive vehicle safety rules ever, adding around $300 dollars to the price of every car, or (at recent car sales rates) well over $5 billion per year. 

Despite the high cost, the NHTSA predicts the rule will save no more than 31 lives in 2025, mainly because it will do little good until most cars have it. Yet even by 2060, after consumers have spent well over $200 billion so that virtually all cars would have it, NHTSA predicts it will save no more than 1,365 lives per year. 

The danger is not that it will cost too much per life saved but that mandating one technology will inhibit the development and use of better technologies that could save even more lives at a lower cost. The technology the NHTSA wants to mandate is known as dedicated short-range communications (DSRC), a form of radio. Yet advancements in cell phones, wifi, and other technologies could do the same thing better for less money and probably without a mandate.

For example, your smartphone already has all the hardware needed for vehicle-to-vehicle communications. Since more than three-fourths of Americans already have smartphones, mandating similar technology in new cars is redundant. Since that mandate will take more than a decade to have a significant impact on highway safety, NHTSA could see faster implementation using smartphones instead. It could do so by developing an app that could communicate with cars and provide extra features on the app that would encourage people to download and use it.  

All of the benefits claimed for the DSRC mandate assume that no other technology improvements take place. In fact, self-driving cars (which will work just as well with or without vehicle-to-vehicle systems) will greatly reduce auto fatalities, rendering the projected savings from vehicle-to-vehicle communications moot.

A mandate that one technology be used in all cars also opens the transportation system to potential hackers. The communications would necessarily be tied to automobile controls, which means that anyone who understands it could take control of every car in a city at once. If individual manufacturers were allowed to develop their own technologies, the use of multiple systems would make an attack both more difficult and less attractive.

There is also a privacy issue: vehicle-to-vehicle also means infrastructure-to-vehicle communications, raising the possibility that the government could monitor and even turn off your car if you were doing something it didn’t like, such as drive “too many” miles per year. That’s a very real concern because the Washington legislature has mandated a 50 percent reduction in per capita driving by 2050. Oregon and possibly other states have passed similar rules.

Comments on the proposed rule can be submitted on line or mailed to:

Docket Management Facility, M–30
U.S. Department of Transportation
West Building, Ground Floor, Rm. W12–140
1200 New Jersey Avenue SE.
Washington, DC 20590.

Big Data Tool For Trump’s Big Government Immigration Plans

During his campaign President Trump made it clear that his administration would strictly enforce immigration law while also seeking to limit immigration. Trump’s executive orders so far are consistent with his campaign rhetoric, including a revitalization of the controversial 287(g) program, threats to withdraw grants from so-called “Sanctuary Cities,” the construction of a wall on the southern border, a temporary ban on immigration from six Muslim-majority countries, and the hiring of 10,000 more Immigration and Customs Enforcement (ICE) agents. Recent reporting reveals that these agents, tasked with implementing significant parts of Trump’s immigration policy agenda, will have access to an intelligence system that should concern all Americans who value civil liberties.

Earlier this month The Intercept reported on Investigative Case Management (ICM), designed by Palantir Technologies. ICE awarded Palantir a $41 million contract in 2014 to build ICM. ICM is scheduled to be fully operational by September of this year.

Here is The Intercept’s breakdown of how ICM works:

ICM funding documents analyzed by The Intercept make clear that the system is far from a passive administrator of ICE’s case flow. ICM allows ICE agents to access a vast “ecosystem” of data to facilitate immigration officials in both discovering targets and then creating and administering cases against them. The system provides its users access to intelligence platforms maintained by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and an array of other federal and private law enforcement entities. It can provide ICE agents access to information on a subject’s schooling, family relationships, employment information, phone records, immigration history, foreign exchange program status, personal connections, biometric traits, criminal records, and home and work addresses.

No Discernible Rise in Wellbeing? The Data Suggests Otherwise…

Economist Jeffrey Sachs of Columbia University recently made this claim (emphasis mine):

“We’re so rich in our total production and in our capacities to do things that we could solve absolutely fundamental challenges, such as ending extreme poverty or addressing climate change or preserving biodiversity without much effort … it cannot be the most important issue in the world whether the U.S. grows at another 3% or 3.5% or 2.9% a year, when over the last 65 years there’s been no discernible rise in wellbeing

That is the theme of his new book, The Origins of Happiness.

By “we” Sachs appears to mean the U.S. and other rich countries and calls for their governments to engage in wealth transfers to poor countries and a plethora of environmental projects. What he does not seem to realize is that humanity is already making swift progress—through the free actions of billions of individuals—toward ending poverty and better preserving the environment.

Amazon Patents Police Traffic Stop Drone

Last July, Dallas police used a robot to kill the man who fatally shot five Dallas-area police officers. Shortly after the shooting I noted that new technologies, such as robots, should prompt lawmakers to find ways to make the face-to-face interactions citizens have with officers safer and less frequent. A recent Amazon patent reveals how new technologies can play a role in improving traffic stops, one of the most common citizen-police encounters.

Amazon Technologies, Inc. recently secured a patent for small shoulder-mounted police drones. The patent abstract explains that, “The techniques and systems can include routines to provide enhanced support for police during routine traffic stops.”

Drones like the one detailed in the Amazon patent could help improve traffic stops. Drones would allow police to examine a pulled-over vehicle before approaching in person. This increased situational awareness would help police officers, providing them with valuable information about how many people are in the car and whether the driver or any passengers have their hands in sight. As drone technology improves it’s likely that police will be able to use similar drones to issue commands. 

If appropriate accountability policies are enacted, these small drones could serve as useful tools in police misconduct investigations. Drone footage of the Philando Castile and Samuel DuBose shootings, for example, would have been helpful to investigators.

But despite the potential for these small drones being useful in misconduct investigations and helping police during traffic stops, citizens may be concerned about the impact such drones could have on their civil liberties. Having a small drone buzzing around your car during a traffic stop may be unnerving, but unless the drone is outfitted with sophisticated surveillance tools it’s unlikely that it will prompt a robust Constitutional challenge.

If these small Amazon drones are equipped with traditional cameras and don’t enter a car during a traffic stop, then they will only be capturing images of material in “plain view.” Nonetheless, citizens should be wary of small police drones being outfitted with surveillance technology that could raise constitutional issues, such as thermal scanners.

New technologies such as drones and body cameras will undoubtedly play an increasingly prominent role in law enforcement. Small drones like the one described in Amazon’s patent could help make routine traffic stops safer for officers and citizens. However, as the ongoing debates about body cameras have demonstrated, these new technologies can only serve as tools for worthwhile criminal justice reform if they’re governed by good policies. It’s not hard to see how small drones could help police and citizens during traffic stops. But as police drones become more common we shouldn’t forget that they can serve as platforms for a host of technologies that threaten civil liberties.

One Police Video, Many Interpretations

Members of the public should be able to access the body camera footage related to Tuesday’s police-involved shooting that left Keith Scott dead and prompted violent protests in Charlotte, North Carolina. But we shouldn’t be under any illusion that everyone who watches the footage will arrive at the same opinion about the police officer’s behavior. Two people can watch the same video and come to different moral conclusions. A study on video footage that proved instrumental in a Supreme Court case helps illustrate this fact.

In Scott v. Harris (2007) the Supreme Court considered whether a police officer (Scott) had violated the Fourth Amendment when he deliberately ran Harris’ car off the road during a high-speed chase, which resulted in Harris being left a quadriplegic. An 8-1 majority found that, “a police officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.”

Using Persistent Surveillance to Watch the Watchmen

Yesterday, police in Oklahoma released aerial and dash camera footage of an unarmed man named Terence Crutcher being shot by an officer as he stood beside his SUV. Tulsa Police Chief Chuck Jordan described the footage as “very difficult to watch,” and the officer who shot Crutcher is on administrative leave. The aerial footage of the shooting ought to remind us how important transparency policy is in the age of the “Pre-Search” and the role persistent aerial surveillance may come to play in police misconduct investigations.

Reporting from earlier this year revealed that police in Baltimore have been testing persistent aerial surveillance technology, described by its developer as “Google Earth with TiVo,” which allows users to keep around 30 square miles under surveillance. The technology, developed by Persistent Surveillance Systems (PSS), has helped Baltimore police investigate thefts and shootings. But the trial was conducted in secret, without the knowledge of key Baltimore city officials, and was financed by a billionaire couple.

Shortly after news of the persistent surveillance in Baltimore was reported I and others noted that it should cause concern. Citizens engaged in lawful behavior deserve to know if their movements are being filmed and tracked by police for hours at a time. Yet, as disturbing as the secretive persistent surveillance in Baltimore is, technology already exists that is far more intrusive.

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