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<title>Techdirt. Stories filed under &quot;boston&quot;</title>
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<pubDate>Thu, 2 May 2013 07:35:00 PDT</pubDate>
<title>NY Police Chief Ray Kelly Says The Boston Bombing Takes Privacy 'Off The Table'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml</link>
<guid>http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml</guid>
<description><![CDATA[ <p>
In light of the recent Boston bombing, NYPD Police Chief Ray Kelly is now restructuring some sort of nonexistent deal with New Yorkers, issuing a clawback on their civil liberties. According to Kelly, <a href="http://www.wnyc.org/articles/wnyc-news/2013/apr/22/kelly-cameras/" target="_blank">the Boston Marathon bombing means privacy has been "taken off the table."</a>
<blockquote>
<i>&ldquo;I'm a major proponent of cameras,&rdquo; Kelly said on MSNBC&rsquo;s Morning Joe. &ldquo;I think the privacy issue has really been taken off the table.&rdquo;</i></blockquote>
Some of you may take issue with Kelly's assumption that the privacy "offer" has been rescinded (or that it's truly his to rescind). Well, guess what. <a href="http://reason.com/blog/2013/04/25/saying-privacy-is-off-the-table-nyc-poli" target="_blank">Your opinion means nothing, at least not to the chief of the NYPD</a>.
<blockquote>
<i>&ldquo;The people who complain about it, I would say, are a relatively small number of folks, because the genie is out of the bottle,&rdquo; Kelly said. &ldquo;People realize that everywhere you go now, your picture is taken.&rdquo;</i></blockquote>
Ray Kelly doesn't care much for civil liberties. <a href="http://www.cityandstateny.com/nypds-ray-kelly-interrogated-muslim-surveillance-counterterrorism-dollars/" target="_blank">He's already been questioned about the NYPD's "anti-terrorism" efforts</a> (aided by the FBI), largely comprised of various (failed) efforts to infiltrate the Muslim community. While it's <a href="http://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml" target="_blank">failed to produce</a> any terrorists, it <i>has</i> managed to <a href="http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml" target="_blank">tread all over</a> the community's civil liberties. During that discussion, a Brooklyn councilman bluntly stated that the counterterrorism efforts looked to be based on "profiling" rather than on any "real leads."
<br /><br />
He's also been queried about the notorious "stop and frisk" program, something that largely targets young minorities (87% of all stops are non-white) while failing to produce much in terms of results (only 1 in 10 stops result in a summons or arrest; weapons are only discovered in 0.2% of the stops).
<br /><br />
Kelly has defended these two programs with a pair dubious claims. On the anti-terrorist side, he proudly states that the city has not been attacked by terrorists since the 9/11 tragedy. Considering the average person is <a href="http://www.cato.org/blog/youre-eight-times-more-likely-be-killed-police-officer-terrorist" target="_blank">8 times more likely to be killed by a cop than a terrorist</a>, this claim is nothing more than Kelly attempting to take credit for a statistically improbable event <i>not</i> happening. It's about as meaningless as claiming no one has been struck by lightning <i>twice</i> while under his watch.
<br /><br />
As for the "stop and frisk" program, Kelly claims the reduction in crime speaks for itself. But as NYCLU Director Donna Lieberman pointed out, <a href="http://reason.com/blog/2012/05/25/ray-kelly-outlines-measures-to-curtail-t" target="_blank">there's precious little evidence this program did anything more than tag along for the ride as crime decreased across the nation</a>.
<blockquote>
<i>Kelly nevertheless claims the program has saved thousands of lives during the last decade by reducing violent crime, an assertion that Lieberman calls "demonstrably false." She notes that homicides were already falling in New York before Kelly launched the stop-and-frisk program in 2003 and that since then they have declined more quickly in other big cities.</i></blockquote>
Speaking of "speaking for itself," <a href="http://reason.com/blog/2013/04/01/covered-at-reason-247-lawmaker-testifies" target="_blank">this quote is allegedly Ray Kelly's goal for "stop and frisk."</a>
<blockquote>
<i>According to [State Sen. Eric] Adams, Kelly "stated that he targeted or focused on that group because he wanted to instill fear in them that any time they leave their homes they could be targeted by police."</i></blockquote>
So, we already know Kelly's general attitude towards the rights of the citizens under his <strike>care</strike> control. It appears his view on privacy is just more of the same. The question is, how much more surveillance does he feel is justified? New York already rivals the capital of <a href="http://www.theawl.com/tag/knifecrime-island" target="_blank"><strike>Knife Crime Island</strike></a> Great Britain in terms of camera usage. London's "<a href="http://en.wikipedia.org/wiki/Ring_of_steel_(London)" target="_blank">Ring of Steel</a>" is an Orwellian construct (even the nickname conjures thoughts of Soviet Russia's surveillance of its own citizens) that funnels drivers into areas populated by thousands of unblinking law enforcement eyes. Kelly has <a href="http://gothamist.com/2011/07/29/kelly_praises_ring_of_steel_program.php" target="_blank">openly expressed his pride in NY's emulation of London's surveillance system</a>.
<br /><br />
Kelly acts like increased surveillance is a forgone conclusion after the Boston bombing. The investigation's most useful images and video were captured by individuals and private businesses, not by PD cameras, something surveillance advocates like Kelly keep conveniently forgetting. He claims only a few will complain and the rest will just fall in line. But where is he hearing this cry for <i>more</i> police and government surveillance?
<br /><br />
As far as I can tell, there's been no public outcry demanding that the police, FBI, etc. do <i>something</i> to prevent another tragedy. The only voices I've heard are a variety of <a href="http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml" target="_blank">self-contained echo chambers</a> who hear only the reverberations of their <a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml" target="_blank">preconceived notions</a>.
<br /><br />
Kelly certainly likes hearing "privacy is off the table," even if the words had to originate from his own mouth. He said it because he truly believes it. But it serves a secondary purpose as well, something I'm sure Kelly is fully aware of. Making this statement as the resident police chief in the nation's largest city sends the message to like-minded law enforcement entities that <i>now</i> is the time to expand surveillance efforts. After all, who's going to stop you? A "few complainers?"
<br /><br />
<br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>not-that-there-was-much-left-on-table...</slash:department>
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<pubDate>Tue, 30 Apr 2013 13:19:00 PDT</pubDate>
<title>Private Security Contractors Try To Shut Down Journalist Using Legal Threats And Claims Of Harassment</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130429/16335122886/private-security-contractors-try-to-shut-down-journalist-using-legal-threats-claims-harassment.shtml</link>
<guid>http://www.techdirt.com/articles/20130429/16335122886/private-security-contractors-try-to-shut-down-journalist-using-legal-threats-claims-harassment.shtml</guid>
<description><![CDATA[ <p>
Post-Boston bombing, <a href="http://www.techdirt.com/articles/20130422/21100822804/nyc-mayor-bloomberg-thinks-boston-bombing-renders-constitution-obsolete.shtml" target="_blank">everyone's talking</a> about surveillance and privacy. Those doing most of the talking seem to think we need <a href="http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml" target="_blank">more of the former</a> and <a href="http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml" target="_blank">less of the latter</a>. And there's no getting these legislators and law enforcement officials to shut up about it, either. It almost as if they believe repetition converts false presumptions into incontrovertible facts.
<br /><br />
Ryan Gallagher, writing for Slate, finally found someone (actually, several of them) with affinities towards increased surveillance that not only <a href="http://www.slate.com/articles/technology/future_tense/2013/04/statue_of_liberty_to_get_new_surveillance_tech_but_don_t_mention_face_recognition.html" target="_blank"><i>don't</i> want to talk about the issue, but also don't want Gallagher talking about it either</a>.
<br /><br />
Gallagher was putting together an article on the upcoming reopening of the Statue of Liberty after its extended post-Hurricane Sandy closure. More to the point, he was curious about the updated surveillance equipment (including state-of-the-art facial recognition software) that would be making its debut at the same time.
<br /><br />
A few weeks ago, those involved seemed willing to discuss the new system and point out its impressive features.
<blockquote>
I<i>n March, Statue of Liberty superintendent Dave Luchsinger told me that plans were underway to install an upgraded surveillance system in time for the reopening. &ldquo;We are moving forward with the proposal that <a href="http://www.totalrecallcorp.com/" target="_blank">Total Recall</a> has come up with,&rdquo; he said, adding that &ldquo;[new] systems are going in, and I know they are state of the art.&rdquo;</i></blockquote>
But when Gallagher attempted to gather a few details about the new facial recognition software (<a href="http://www.cognitec-systems.de/FaceVACS-VideoScan.20.0.html" target="_blank">FaceVACS</a>, made by German firm Cognitec and deployed by surveillance contractor Total Recall Corp.), no one seemed willing to provide any clear answers.
<blockquote>
<i>&ldquo;We do work with Cognitec, but right now because of what happened with Sandy it put a lot of different pilots that we are doing on hold,&rdquo; Peter Millius, Total Recall&rsquo;s director of business development, said in a phone call. &ldquo;It&rsquo;s still months away, and the facial recognition right now is not going to be part of this phase.&rdquo; Then, he put me hold and came back a few minutes later with a different position&mdash;insisting that the face-recognition project had in fact been &ldquo;vetoed&rdquo; by the Park Police and adding that I was &ldquo;not authorized&rdquo; to write about it.</i></blockquote>
That's a rather odd statement. Millius may not be authorized to <i>talk</i> about it, but I highly doubt private security contractors can claim a journalist is not authorized to <i>write</i> about it. They can react to what's written via comments or statements, but telling a writer they can't write about something pretty much guarantees it will be written about.
<br /><br />
Millius' bizarre "order" was followed up by an email from Cognitec's marketing manager Elke Oberg. Oberg told Gallagher one day earlier that Cognitec's software would be implemented at the Statue of Liberty. The email he received a day later contained both a denial... and a threat.
<blockquote>
<i>Now, Oberg had sent a letter ordering me to &ldquo;refrain from publishing any information about the use of face recognition at the Statue of Liberty.&rdquo; It said that I had &ldquo;false information,&rdquo; that the project had been &ldquo;cancelled,&rdquo; and that if I wrote about it, there would be &ldquo;legal action.&rdquo;</i></blockquote>
Gallagher also received a nearly identical email from Total Recall Inc., again warning him against publishing any information on the software's on-again, off-again deployment. Even more bizarrely, Millius claimed he would pursue charges of harassment against Gallagher if he persisted in seeking answers to his questions. Representatives for the National Park Service also refused to confirm or deny any software installation.
<br /><br />
There's a one-way street in effect here and it's being paved with discarded privacy and civil liberties. These security contractors (and their employers) want to gather as much info as they can, but when pressed for details on their software and devices they respond with diversionary tactics and threats.
<blockquote>
<i>The great irony here, of course, is that this is a story about a statue that stands to represent freedom and democracy in the modern world. Yet at the heart of it are corporations issuing crude threats in an attempt to stifle legitimate journalism&mdash;and by extension dictate what citizens can and cannot know about the potential use of contentious surveillance tools used to monitor them as they visit that very statue.</i></blockquote>
That's the problem -- one of many -- with the growing surveillance "culture" in America. Lots of private corporations are landing lucrative government contracts to, in essence, spy on American citizens. These companies, and the legislators and law enforcement officials that support them, deploy more and more surveillance technology and expect US citizens to hand over their dwindling privacy without offering any more of a guarantee than a "you're just going to have to trust us" statement. And yet, they provide <a href="http://www.techdirt.com/articles/20130417/10212122743/government-has-already-fooled-us-more-than-once-privacy-history-belies-how-cispa-will-be-used.shtml" target="_blank">example</a> after <a href="http://www.techdirt.com/articles/20110202/03320812922/eff-finds-evidence-over-40000-intelligence-violations-fbi-since-911.shtml" target="_blank">example</a> of how they <i>cannot</i> be trusted with this power.
<br /><br />
Furthermore, should surveillance this sensitive really be handled by companies whose reaction to a few questions is to attempt to silence the questioner with legal threats and implausible statements about what he is or isn't "authorized" to write about? What we certainly <i>don't</i> need in this country is another opaque layer of "security" surrounding our public places, especially one created and serviced by two companies with some serious control issues.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130429/16335122886/private-security-contractors-try-to-shut-down-journalist-using-legal-threats-claims-harassment.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130429/16335122886/private-security-contractors-try-to-shut-down-journalist-using-legal-threats-claims-harassment.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130429/16335122886/private-security-contractors-try-to-shut-down-journalist-using-legal-threats-claims-harassment.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>plausible-deniability:-ur-doing-it-wrong</slash:department>
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<pubDate>Tue, 30 Apr 2013 07:19:00 PDT</pubDate>
<title>Sen. Dan Coats On The Boston Bombing: You Know Who We Need To Keep An Eye On? Loners.</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130426/15064322856/sen-dan-coats-boston-bombers-you-know-who-we-need-to-keep-eye-loners.shtml</link>
<guid>http://www.techdirt.com/articles/20130426/15064322856/sen-dan-coats-boston-bombers-you-know-who-we-need-to-keep-eye-loners.shtml</guid>
<description><![CDATA[ <p>
In the right hands, an attack like the Boston Bombing can make terrorists of us all. All it takes is a "type." Columbine turned trench coat ownership and Marilyn Manson fandom into signs of impending, shotgun-toting DOOM. (Or rather, "doom." Sorry.) 9/11 turned anyone with darker features and a copy of MS Flight Simulator into a suicidal zealot. Newtown turned Call of Duty players into ticking time bombs. (<a href="http://www.techdirt.com/articles/20121215/13210521396/inevitable-post-tragedy-witch-hunt-mass-effect-facebook-page-attacked-because-link-to-misidentified-shooting-suspect.shtml" target="_blank">Mass Effect players</a> already <i>were</i> ticking time bombs, but often exploded harmlessly into walls of text in Kotaku comment threads.)
<br /><br />
Every tragedy creates a new archetype for politicians to focus on, as though suspects could be determined simply by one notable characteristic. If we (as one nation, under surveillance) could just track this <i>one type</i> of person, we'd be terrorist-free for years to come.
<br /><br />
Senator Dan Coats has declared his pick for the One Type we should be keeping tabs on. In his appearance on ABC's <i>This Week</i>, Coats selected the Archetype Most Likely to Harm Americans. Of this, he seemed 100% sure, although his grasp on which Tsarnaev brother he is referring to is decidedly more vague, <a href="http://drezner.foreignpolicy.com/posts/2013/04/24/will_the_senator_from_the_state_of_half_assed_thinking_please_go_sit_in_a_corner" target="_blank">as Daniel Drezner at Foreign Policy points out</a>.
<blockquote>
<i><a href="http://abcnews.go.com/Politics/week-transcript-mayor-thomas-menino/story?id=19008022&#038;page=3#.UXfLNbXvuuw" target="_blank">If we go to the transcript</a>, here's his first intervention, on whether Dzhokhar Tsarnaev should be Mirandized:</i>
<br /><br />
<i>COATS: I think we should stay with enemy combatant until we find out for sure whether or not there was a link to foreign terrorist organizations.</i>
<br /><br />
<i>STEPHANOPOULOS: Even though he's a citizen?</i>
<br /><br />
<i>COATS: Even though he's a citizen. There have been exceptions to this before with the public safety issue of course on Miranda rights. But also the fact that he's traveled back to his hometown which is a Muslim area, could have been radicalized back there.</i>
<br /><br />
<i>STEPHANOPOULOS: That was his brother though.</i>
<br /><br />
<i>Now you have to hand it to Senator Coats here -- inside of ten seconds, he makes a dubious statement about the law and a factually incorrect statement. It wasn't like these were obscure facts, either, like the capital of Chechnya or something. So, great prep work, Senator Coats' staff!</i></blockquote>
Now that the Senator has gotten the "facts" out of the way, it's time to start making generalizations!
<blockquote>
<i>STEPHANOPOULOS: Senator, what do you do though if no connection to a specific group is found? Instead we just find that these young men were inspired by al Qaeda, but not directed. That's almost impossible to find.</i>
<br /><br />
<i>COATS: Well it is. And that's the reality of the world we're now living in. Because we not only face terrorism from abroad, that is, planned and coordinated. We face these lone wolves or these others or whoever gathers together that has a vengeance or a demented mind or who has been kind of radicalized through over the internet or through a mosque or whatever. We're going to continue to have to understand that is a threat to America also.</i>
<br /><br />
<i><b>That's why we all need to be engaged in not only looking out for this type of thing, but helping identify and see, whether these loners, is there a kid in the classroom that's just --</b></i>
<br /><br />
<i>RADDATZ: He wasn't a loner. He wasn't a loner (emphasis added).</i></blockquote>
True, as Drezner offers "in fairness" to the confused senator, it did seem as though the Tsarnaevs were operating without any sort of supporting network (much as Coats seems to be himself). But is <i>this</i> what Coats really wants?
<blockquote>
<i>[L]et's skip the preliminaries and get to the more basic point. Is Dan Coats suggesting that high schools profile which kids are loners and put them onto a "possible terrorist watch list"?</i></blockquote>
"Loner" covers a lot of territory. There are loners who have been ostracized by their peers. There are others who have opted out, so to speak, and prefer a solitary existence. Coats doesn't really seem to know what he's aiming for, but he's obviously not going to let that stop him from dragging "kids in the classroom" into the national debate on terrorism.
<br /><br />
If Coats were in charge, the acronymous agencies in charge of our nation's security would be filling their database with all sorts of presumed threats. The weird kids who just don't "fit in." The kids who have no desire to "fit in." Agoraphobics. J.D. Salinger. Sufferers of social anxiety disorder. Some shades of the autism spectrum. Lighthouse operators. Morrissey fans. Former world champion chess players. Florida Marlins <a href="http://www.techdirt.com/articles/20130320/04335422388/not-connecting-miami-marlins-organization-threatens-season-ticket-holders-with-lawsuit-because-they-want-to-change-seats.shtml" target="_blank">season ticket holders</a>.
<br /><br />
More seriously, is this what Coats really thinks is a valid method for combating terrorism? Should we (meaning various law enforcement and security agencies) start tracking "loners" at an early age in order to prevent theoretical acts of terrorism? If anyone's concerned that a certain student doesn't have enough friends or participate in enough extracurricular activities, I'm sure additional conversations with school administration, guidance counselors, school psychiatrists and (the now de rigeur) "law enforcement liaisons" should make these troubled youths feel more "normal."
<br /><br />
It's quite possible Coats didn't mean for the statement to come across as terribly as it did, especially considering his blissful unawareness of the subject matter at hand, but I'm sure there's an underlying comfort hidden within his moronic suggestion. Terrorists aren't like "normal" people -- they're weird and frightening fringe dwellers who are clearly defined by their stunted social skills and desolate Facebook profiles. Only freaks commit acts of violence, not someone who appeared to be, for the most part, your average foreign exchange student. This sort of "truth" is easier to take. It's just another form of stereotyping -- a very safe option that rarely arouses the ire of the targets and offends no particular group.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130426/15064322856/sen-dan-coats-boston-bombers-you-know-who-we-need-to-keep-eye-loners.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130426/15064322856/sen-dan-coats-boston-bombers-you-know-who-we-need-to-keep-eye-loners.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130426/15064322856/sen-dan-coats-boston-bombers-you-know-who-we-need-to-keep-eye-loners.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>because-constant-surveillance-makes-the-unsocial-more-sociable</slash:department>
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<pubDate>Tue, 23 Apr 2013 11:07:00 PDT</pubDate>
<title>NYC Mayor Bloomberg Thinks Boston Bombing Renders The Constitution Obsolete</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130422/21100822804/nyc-mayor-bloomberg-thinks-boston-bombing-renders-constitution-obsolete.shtml</link>
<guid>http://www.techdirt.com/articles/20130422/21100822804/nyc-mayor-bloomberg-thinks-boston-bombing-renders-constitution-obsolete.shtml</guid>
<description><![CDATA[ <p>
Good news, everyone. The terrorists will win and New York City Mayor Michael Bloomberg wants to help. Of course, his speech is all about <i>not</i> letting the terrorists win. <a href="http://reason.com/blog/2013/04/22/mayor-bloomberg-on-boston-bombing-our-la" target="_blank">But he's giving them exactly what they want</a>.
<br /><br />
The Boston Marathon bombing was bound to generate this sort of reaction. It's a forgone conclusion that a tragic event like this will lead to political grandstanding and expansions of policies and plans deleterious to privacy and individual freedom. It's been twisted to argue for <a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml" target="_blank">harsher immigration policies</a> and held up as evidence that <a href="http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml" target="_blank">surveillance efforts</a> need to be expanded.
<br /><br />
But Bloomberg sees something else, something much more malignant than more cameras and fewer immigrants. He sees this attack as an indication that our country <a href="http://politicker.com/2013/04/bloomberg-says-post-boston-interpretation-of-the-constitution-will-have-to-change/" target="_blank">has outgrown its founding principles and that we can't be truly "safe" without altering the fabric of the nation</a>.
<blockquote>
<i>&ldquo;The people who are worried about privacy have a legitimate worry,&rdquo; Mr. Bloomberg said during a press conference in Midtown. &ldquo;But we live in a complex word where you&rsquo;re going to have to have a level of security greater than you did back in the olden days, if you will. And our laws and our interpretation of the Constitution, I think, have to change.&rdquo;</i></blockquote>
You hear that, citizens? You have a "legitimate worry" and it's followed by a magnificent "but" that leads directly to a call to alter our current laws and the Constitution itself, in order to make us more "secure" than the "olden days." As these two are changed to Bloomberg's liking, I would imagine our "legitimate worries" will be slowly stripped of their legitimacy as Constitutional protections are altered to better fit today's (imagined) realities.
<br /><br />
Bloomberg also conjures up the 9/11 attacks to assist in his burial of these pesky formative documents from "olden days."
<blockquote>
<i>&ldquo;Look, we live in a very dangerous world. We know there are people who want to take away our freedoms. New Yorkers probably know that as much if not more than anybody else after the terrible tragedy of 9/11,&rdquo; he said.</i></blockquote>
Yes, we know there are people who want to "take away our freedoms." The problem is that, increasingly, these people are politicians and legislators -- politicians and legislators who enact laws that enable agencies like the NSA and the DHS to strip away our rights. The terrorists? They only "take away our freedoms" if we let them. And people like Bloomberg seem more than willing to capitulate to the implied demand.
<br /><br />
Oh, but Bloomberg <i>is</i> worried that one aspect of the post-Boston bombing might result in curtailed rights. His one concern? That <i>we</i>, the people who "need" more "security" than rights, might take this recent attack to paint the Muslim religion as a hotbed of terrorism.
<blockquote>
&ldquo;<i>What we can't do is let the protection get in the way of us enjoying our freedoms,&rdquo; he said. &ldquo;You still want to let people practice their religion, no matter what that religion is. And I think one of the great dangers here is going and categorizing anybody from one religion as a terrorist. That&rsquo;s not true &hellip; That would let the terrorists win. That&rsquo;s what they want us to do.&rdquo;</i></blockquote>
When we add this all up, this is what we get. Bloomberg is concerned about branding a certain religion as a terrorist breeding ground, something his police department <a href="http://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml" target="_blank">has been doing for years</a>. That's what's troubling to Bloomberg: some sort of lazy racism taking root. Reconfiguring the Constitution to fit his conception of the modern age? Rewriting current laws and drafting new ones to meet an exaggerated threat? Curtailing freedom and privacy in the name of "security?" This doesn't phase Bloomberg at all.
<br /><br />
As Benjamin Franklin famously said, "They that can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Bloomberg is in a hurry to give up your liberties. Many other politicians and legislators are more than willing to do the same. After all, these changes won't affect them nearly as much as they'll affect their constituents. But they'll be able to coattail-ride any foiled terrorist plots or relatively smooth post-attack investigations as "victories" and hold them up as "evidence" that they were right to carve up the Constitution in the name of safety and security.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130422/21100822804/nyc-mayor-bloomberg-thinks-boston-bombing-renders-constitution-obsolete.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130422/21100822804/nyc-mayor-bloomberg-thinks-boston-bombing-renders-constitution-obsolete.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130422/21100822804/nyc-mayor-bloomberg-thinks-boston-bombing-renders-constitution-obsolete.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>probably-need-to-hit-CTRL-Z-on-the-Amendments-to,-I-suppose</slash:department>
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<item>
<pubDate>Mon, 22 Apr 2013 09:39:00 PDT</pubDate>
<title>Rep. Peter King, Mayor Bloomberg Agree: Boston Bombing Shows We Desperately Need MORE Surveillance</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml</link>
<guid>http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml</guid>
<description><![CDATA[ You knew it was coming. Former DHS official Stewart Baker got the ball rolling with his <a href="http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml" target="_blank">atrocious attempt</a> to portray the ACLU and the EFF as hacker-and-terrorist sympathizers. A few politicians bravely read the tea leaves (while the tea was still brewing!) and declared the Boston bombing to be Exhibit A in the argument for <a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml" target="_blank">tougher immigration laws</a>.
<br /><br />
Now it's time for those who love surveillance cameras to stand up and claim a piece of this tragedy as their own. An article in the Wall Street Journal collects a few quotes from some <a href="http://online.wsj.com/article/SB10001424127887324763404578433143080413704?mg=reno64-wsj.html?dsk=y" target="_blank">political camera enthusiasts who believe this successful manhunt justifies increased surveillance by law enforcement</a>.
<blockquote>
<i>"They had to piece together I don't know how many thousands of videos," said Rep. Peter King, a New York Republican who is on the House Committee on Homeland Security. "I think CCTV [closed-circuit television] cameras are much more needed in urban areas."</i></blockquote>
The FBI and police already had "how many thousands of videos," and yet it's still not enough. More cameras are "needed." <a href="http://www.realclearpolitics.com/video/2013/04/16/gop_rep_peter_king_on_boston_bombing_i_do_think_we_need_more_cameras_.html" target="_blank">King continues this line of thinking in an interview with MSNBC</a>.
<blockquote>
<i>So, I do think we need more cameras. We have to stay ahead of the terrorists and I do know in New York, the Lower Manhattan Security Initiative, which is based on cameras, the outstanding work that results from that. So yes, I do favor more cameras. They're a great law enforcement method and device. And again, it keeps us ahead of the terrorists, <b>who are constantly trying to kill us</b>.</i></blockquote>
Constantly? That's an <strike>interesting</strike> ridiculous take on reality. (The odds of an American <a href="http://www.schneier.com/blog/archives/2010/01/the_comparative.html" target="_blank">being killed by a terrorist attack are effectively zero</a>.) King must spend plenty of sleepless, terrorized nights chatting with Mike Rogers, whose fear of hackers prevents him from <a href="http://www.techdirt.com/articles/20121004/14540520597/cispa-author-ramps-up-fud-claims-he-cant-sleep-night-due-to-unusual-source-threatening-us.shtml" target="_blank">catching any shuteye</a>. Either that or he's been chatting with the FBI and the NYPD who it seems can barely go a week without <a href="https://www.techdirt.com/articles/20130208/12264121921/fbi-stops-yet-another-its-own-terrorist-threats.shtml" target="_blank">creating <i>and</i> shutting down</a> another terrorist "plot."
<br /><br />
[Peter King worries about terrorists... <a href="http://www.slate.com/blogs/the_slatest/2013/04/20/rep_peter_king_let_s_focus_on_muslim_communities.html" target="_blank">but only if they're Muslim</a>. He's perfectly fine with white Irish terrorists, <a href="http://www.juancole.com/2013/04/surveillance-profile-redheads.html" target="_blank">seeing as he went on record during the 80s stating his support for the IRA</a>, which notably bombed a shopping center during the Christmas season, killing six and injuring 90. He was <i>very</i> concerned about their civil rights. Those were his kind of terrorists. These ones, not so much.]
<br /><br />
New York mayor Michael Bloomberg also feels the bombing in Boston justifies extensive surveillance in New York City... or more than it already has.
<blockquote>
<i>"The Boston bombing is a terrible reminder of why we've made these investments&mdash;including camera technology that could help us deter an attack, or investigate and apprehend those involved," New York Mayor Michael Bloomberg said this past week. He added the network now has the ability to "alert police to abnormalities it detects on the street, such as an abandoned package that is left on a corner."</i></blockquote>
Personally, I could do without the "terrible reminders" <i>and</i> the "investments." Bloomberg claims the tragedy justifies the surveillance, but there's very little effort being made to curtail either sides of this false equation. New York law enforcement seems to spend most of its time <a href="http://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml" target="_blank">hanging out in mosques</a> or shoving non-white male youths up against the nearest wall for a little of the <a href="https://www.techdirt.com/articles/20121217/16231921411/police-chief-deploys-officers-with-assault-rifles-to-stop-id-everyone-says-local-crime-stats-give-him-probable-cause.shtml" target="_blank">old stop-and-frisk</a>.
<br /><br />
There's a chicken-and-egg thing going on here. Apparently, we "need" to increase surveillance because awful things happen. But when awful things fail to happen, no one in the surveillance "community" takes the time to wonder if perhaps the current surveillance efforts might be excessive. Surveillance, like any other vehicle of government control, only <i>expands</i> over time. Various government agencies will once again be asking you to trade privacy for security. The problem is these agencies can't promise security. The only thing they can truly guarantee is "taking" your privacy.<br /><br /><a href="http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130421/18080722793/rep-peter-king-mayor-bloomberg-agree-boston-bombing-shows-we-desperately-need-more-surveillance.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>several-CCTV-contractors-nod-in-sage-agreement</slash:department>
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<pubDate>Mon, 22 Apr 2013 03:15:00 PDT</pubDate>
<title>Why The DOJ's Decision To Not Read Dzhokhar Tsarnaev His Miranda Rights Is A Terrible Idea</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130420/00321822776/why-dojs-decision-to-not-read-dzhokhar-tsarnaev-his-miranda-rights-is-terrible-idea.shtml</link>
<guid>http://www.techdirt.com/articles/20130420/00321822776/why-dojs-decision-to-not-read-dzhokhar-tsarnaev-his-miranda-rights-is-terrible-idea.shtml</guid>
<description><![CDATA[ On Friday, while he hunt for Boston bombing suspect Dzhokhar Tsarnaev was still going on (and after his bother, the other main suspect, had already been killed), Senator Lindsey Graham took to Twitter to argue that the US government, if it captures him while he's still alive, <a href="http://www.guardian.co.uk/world/2013/apr/19/lindsey-graham-miranda-rights-suspect" target="_blank">shouldn't read Dzokhar his Miranda rights</a>.  As you hopefully already know, the Miranda rights are the famous "you have the right to remain silent, anything you say can and will be used against you in court, and you have a right to an attorney" etc.  The requirement for a statement along those lines (and the name of the "Miranda rights") came from a 1960s case, <a hrerf="https://en.wikipedia.org/wiki/Miranda_v._Arizona" target="_blank">Miranda v. Arizona</a>, and has since been considered a core part of American due process for those being arrested.  And this is a good thing.
<br /><br />
When Graham made his statement, many got up in arms, and argued that Graham was <a href="http://www.theatlantic.com/politics/archive/2013/04/shorter-lindsey-graham-constitution-what-constitution/275157/" target="_blank">unfamiliar with the Constitution</a>.  While I more or less agree with the basics of that, much of that anger probably should have been directed at the Obama administration, which officially <a href="http://www.salon.com/2011/03/24/obama_rolls_back_miranda/" target="_blank">created an exception to the Miranda rules</a> (unilaterally, without court approval) a few years back (apparently in October of 2010, though news about it only <a href="http://www.nytimes.com/2011/03/25/us/25miranda.html?_r=0" target="_blank">came out in March 2011</a>).
<br /><br />
And, indeed, after Dzhokhar was apprehended, the DOJ said that it was <a href="http://www.huffingtonpost.com/2013/04/19/miranda-rights-boston-bombing-suspect_n_3120333.html" target="_blank">not reading him his Miranda Rights</a> because it was invoking a "public safety exception" with the argument being that they needed to get him to talk to make sure the public wasn't in danger.  As <a href="http://www.slate.com/articles/news_and_politics/jurisprudence/2013/04/dzhokhar_tsarnaev_and_miranda_rights_the_public_safety_exception_and_terrorism.html" target="_blank">others have pointed out</a>, this is a horrifically short sighted decision that can only backfire.
<ol>
<li>Suspending basic rights and due process out of fear is exactly the kind of thing that people attacking the US <i>want</i> to see.  Showing that we can't live up to our most basic rights and principles in the face of a terrorist attack gives those who hate us that much more incentive to keep going.  It's not just a sign of weakness, but an encouragement for those who seek to undermine our society.  In fact, it takes a step in that very direction by showing that the government is willing to throw out the rules and principles when it gets a little scared by a teenager.
</li><li>The slippery slope here is steep and extremely slick.  There are no rules on when the DOJ can suddenly ignore Miranda.  It gets to decide by itself.  This is an organization with a long history of abusing its power, now allowed to wipe out one of the key protections for those they're arresting, whenever it sees fit.  The <i>whole point</i> of the ruling in Miranda is that it should not be up to law enforcement.  A person's rights are their rights.
</li><li>The part that really gets me: if anything, this opens up a really, really stupid line of defense for Dzokhar Tsarnaev if he ever faces a criminal trial.  His lawyers will undoubtedly claim that the arrest and interrogation was unconstitutional due to the lack of (or delay in) Miranda rights.  Why even open up that possibility of a defense for him?
</li><li>The guy has lived in the US for many years -- chances are he actually <i>knows</i> the fact that he has the right to refuse to speak.  So, we're violating our principles, basic Constitutional due process, and opening up a massive opening for a defense, to avoid telling him something he likely already knows.
</li></ol>
It's been said before and it'll be said again, but turning ourselves into a paranoid police state without basic rights means that those who attack us are winning.  We should be better than that, and it's a shame that our leaders have no problem confirming for the rest of the world that we're not.  What a shame.<br /><br /><a href="http://www.techdirt.com/articles/20130420/00321822776/why-dojs-decision-to-not-read-dzhokhar-tsarnaev-his-miranda-rights-is-terrible-idea.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130420/00321822776/why-dojs-decision-to-not-read-dzhokhar-tsarnaev-his-miranda-rights-is-terrible-idea.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130420/00321822776/why-dojs-decision-to-not-read-dzhokhar-tsarnaev-his-miranda-rights-is-terrible-idea.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-just-stupid</slash:department>
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<pubDate>Tue, 16 Apr 2013 12:13:00 PDT</pubDate>
<title>Rep. Steve King: Because Boston Bombing May Have Been Done By An Immigrant, We Should Block Immigration Reform</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml</link>
<guid>http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml</guid>
<description><![CDATA[ In the wake of the Boston Marathon bombings, it's no surprise that various politicians are using it to booster their own political passions.  Rep. Steve King is not a fan of immigration.  Despite the fact that the country is in desperate need of massive immigration reform, King is now using the Boston Marathon bombings as an excuse to stall immigration reform efforts that finally looked like they had a chance of moving forward.  What does one thing have to do with another?  Well, he claims that since <a href="http://www.huffingtonpost.com/2013/04/16/steve-king-boston-bombings_n_3092929.html" target="_blank">the bombings <b>might</b> have been done by an immigrant</a>, that should make us put the brakes on reform.
<blockquote><i>
"Some of the speculation that has come out is that, yes, it was a foreign national and, speculating here, that it was potentially a person on a student visa," King <a href="http://www.nationalreview.com/corner/345691/after-boston-congressman-urges-caution-immigration" target="_hplink">said to the National Review's Robert Costa</a>. "If that's the case, then we need to take a look at the big picture."
</i></blockquote> 
You know what, some speculation has come out (by me) that it was really someone with the last name "King."  And, you know, if that's the case, we really need to take a look at the big picture, and whether or not we should allow people with the last name King to be here, or to serve in Congress.
<br /><br />
How is it that we elect people like this to represent us?<br /><br /><a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>or,-you-know,-a-native-born-person</slash:department>
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<pubDate>Mon, 15 Apr 2013 14:14:40 PDT</pubDate>
<title>Boston Officials Allegedly Shut Down Mobile Service In Boston To Prevent Remote Detonation (Update: Or Not)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130415/14130522712/boston-officials-allegedly-shut-down-mobile-service-boston-to-prevent-remote-detonation.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130415/14130522712/boston-officials-allegedly-shut-down-mobile-service-boston-to-prevent-remote-detonation.shtml</guid>
<description><![CDATA[ <b>Update:</b>: People are now reporting that it was <i>not</i> an intentional shut down, despite reporters claiming officials told them this.  Yet again... early reporting coming out of a crazy situation turns out to not be accurate.
<br /><br />
As I'm sure you've heard by now, there were some explosions not too long ago in Boston at the end of the Boston Marathon.  Not surprisingly, this has become <i>the</i> important (and horrifying) news story of the day.  At a time like this, there generally isn't that much news for us to report, because (1) others are doing it much better and (2) we're just as much in shock as everyone else.  <strike>However, there are now some reports that part of the response by police <a href="http://www.nola.com/running/index.ssf/2013/04/boston_marathon_explosions_for.html" target="_blank">involved<i> shutting down mobile phone service</i></a> in the Boston area to "prevent any potential remote detonations of explosives."  I can certainly recognize the reasons for doing this, but it seems like an overreaction -- especially at a time when coordinating with others via mobile phone can be so important.</strike><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130415/14130522712/boston-officials-allegedly-shut-down-mobile-service-boston-to-prevent-remote-detonation.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130415/14130522712/boston-officials-allegedly-shut-down-mobile-service-boston-to-prevent-remote-detonation.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130415/14130522712/boston-officials-allegedly-shut-down-mobile-service-boston-to-prevent-remote-detonation.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>overreaction</slash:department>
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<pubDate>Mon, 1 Apr 2013 20:01:00 PDT</pubDate>
<title>Boston Police Are Catfishing Locals To Bust Punk Rock Shows</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml</link>
<guid>http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml</guid>
<description><![CDATA[ The last time I bothered to read about anything involving the internet term "catfishing", it was to discuss how Deadspin broke the story of Manti T'eo and his <a href="https://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml">fake</a>, but still quite beloved, dead girlfriend. I'll admit I was unfamiliar with the term before that, but I have since discovered that catfishing, the process by which you fool someone online into thinking you are a persona you've concocted, is more common than I had thought.  It has even warranted an entire show on MTV, because that network apparently forgot what the <i>M </i>in their name stands for. And, though I am aware that law enforcement officers will occasionally go undercover to infiltrate criminal networks, I hadn't really ever considered that there might indeed be catfishing police out there in the world.
<br /><br />
Further on that point, if I <i>had</i> managed to consider that possibility, I wouldn't have imagined the police would <a href="http://www.slate.com/articles/news_and_politics/crime/2013/03/boston_police_catfishing_indie_rockers_cops_pose_as_punks_on_the_internet.single.html">catfish to bust up punk rock shows at the residences of citizens</a>. Yet this is exactly what the police in Boston are attempting.  Though they're not doing a very good job of it.
<blockquote>
<i>A recently passed nuisance control ordinance has spurred a citywide crackdown on house shows&mdash;concerts played in private homes, rather than in clubs. The police, it appears, are taking a particularly modern approach to address the issue: They're posing as music fans online to ferret out intel on where these DIY shows are going to take place. While police departments have been using social media to investigate for years, its use in such seemingly trivial crimes would be rather chilling, if these efforts didn't seem so laughably inept. It's a law enforcement technique seemingly cribbed from MTV's Catfish&mdash;but instead of creating a fake persona to ensnare the marks in a romantic internet scam, it's music fandom that's being feigned.</i>
</blockquote>
It truly is a brave new world, friends, when adult police can ape young punk rockers online. Or it would be, rather, if the police were generally any good at it. Sadly, or perhaps hilariously, those doing the catfishing appear to think the punk rock scene represents little beyond well-traveled young people stereotypes and lingo from the late-nineties.
<blockquote>
<i>"Boston Punk Zombie," reads the crudely-scrawled avatar of a green-mohawked punk with the address bostonbeatgang@gmail.com. That name is apparently a generic-brand knockoff of an infamous Boston hardcore gang. Cred achieved. "What's the point" reads the tagline under the profile pic. "Too bad you were not here this weekend," "Joe Sly" wrote. "Patty's day is a mad house I am still pissing green beer. The cops do break balls something wicked here. What's the address for Saturday Night, love DIY concerts." </i>
</blockquote>
One's mind revolts at the idea of hardcore, mohawked young man in skinny black jeans and leather, his piercings widening his lobes, drinking <i>green St. Patrick's Day beer</i>. And that isn't even the worst of the bunch.
<blockquote>
<i>"Hey there, local P native here," wrote one probable imposter to a local band, (who probably meant to type JP, slang for Jamaica Plain). "What is the Address for the local music show tonight?"</i>
</blockquote>
As Slate notes: <i>music show</i>!?! But even beyond the tortured word-choice, you can just tell it's wrong reading it, can't you? As with any carpet-bombing/trolling approach, the police have busted up some shows, and none of this is to say that these do-it-yourself concerts aren't an irritating form of noise-pollution for the local neighbors, but is this <i>really</i> where police should be spending their time and resources? Creating fraudulent social media accounts (don't us regular folk get in trouble for such skilled h4x0r-ing?), filling up the pictures with a couple of stock images of Slayer, and then doing their best cool, young kid impression? I haven't yet been able to visit Boston, but I would hope that a city that size would at least have enough pride in itself to warrant a more substantial level of crime than some kids listening to music.<br /><br /><a href="http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wicked-hardcore</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130329/12165822513</wfw:commentRss>
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<pubDate>Wed, 15 Aug 2012 16:37:14 PDT</pubDate>
<title>Massachusetts Realizes That Maybe GPS Isn't Too Newfangled After All; Reverses Order &#038; Allows Uber</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20120815/15565520065/massachusetts-realizes-that-maybe-gps-isnt-too-newfangled-after-all-reverses-order-allows-uber.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20120815/15565520065/massachusetts-realizes-that-maybe-gps-isnt-too-newfangled-after-all-reverses-order-allows-uber.shtml</guid>
<description><![CDATA[ Well, that was fast.  It seems that Uber, the innovative new transportation offering, keeps running into local regulatory problems... but as soon as the public gets wind of these, the local governments back down.  Last month, it was DC <a href="http://www.techdirt.com/articles/20120710/09531219647/dc-dumps-bill-to-force-uber-into-high-prices-complains-that-bill-was-to-help-uber.shtml">backing down</a> on a bill that would <a href="http://www.techdirt.com/blog/innovation/articles/20120709/22540419635/dc-seeks-to-legalize-uber-forcing-it-to-be-way-more-expensive-than-cabs.shtml">artificially inflate</a> Uber's prices.  And now, it's Massachusetts.  Yesterday, we noted that the <strike>Luddite Council</strike> "Sealer of Weights &#038; Measures" had ruled that Uber had to shut down in Boston and Cambridge because <a href="http://www.techdirt.com/articles/20120814/14441720049/boston-shuts-down-uber-because-massachusetts-doesnt-approve-gps.shtml">of these newfangled "GPS"</a> things (and it didn't even know what GPS stood for).
<br /><br />
And... just like that, the "Division of Standards" has <a href="http://www.mass.gov/ocabr/docs/dos/massachusetts-gives-green-light-for-uber-technologies.pdf" target="_blank">issued a "modified hearing decision"</a> on the matter, in which it realizes that perhaps GPS isn't such a crazy, awful, dangerous technology after all.  Apparently after re-examining "relevant amendments to Handbook 44 by NIST and NCWM" (National Institute of Standards &#038; Technology and the National Conference on Weights and Measures), they've decided that Uber can continue to operate, granted "provisional" approval, which is "pending the outcome of the NIST study and/or the establishment of any standards for the use of such systems."
<br /><br />
In other words, crisis averted for now, but wouldn't it be better for local regulatory agencies to think these things through a bit more in the future rather than defaulting to banning any new and innovative offerings?<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20120815/15565520065/massachusetts-realizes-that-maybe-gps-isnt-too-newfangled-after-all-reverses-order-allows-uber.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20120815/15565520065/massachusetts-realizes-that-maybe-gps-isnt-too-newfangled-after-all-reverses-order-allows-uber.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20120815/15565520065/massachusetts-realizes-that-maybe-gps-isnt-too-newfangled-after-all-reverses-order-allows-uber.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>uber-onward</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120815/15565520065</wfw:commentRss>
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<pubDate>Tue, 14 Aug 2012 15:23:21 PDT</pubDate>
<title>Boston Shuts Down Uber Because Massachusetts Doesn't Approve Of The GPS</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120814/14441720049/boston-shuts-down-uber-because-massachusetts-doesnt-approve-gps.shtml</link>
<guid>http://www.techdirt.com/articles/20120814/14441720049/boston-shuts-down-uber-because-massachusetts-doesnt-approve-gps.shtml</guid>
<description><![CDATA[ We've written plenty of stories about ridiculous (and ridiculously slow to adapt) government policies that simply don't keep up with the times, which then hinder new, innovative and disruptive services.  One company that seems to be running into such things all the time is Uber, who is taking on local state and city regulations around the country as it tries to offer its innovative (and quite useful) transportation service in various metropolitan areas.  You may remember the big <a href="http://www.techdirt.com/blog/innovation/articles/20120709/22540419635/dc-seeks-to-legalize-uber-forcing-it-to-be-way-more-expensive-than-cabs.shtml">fight in DC</a> about some regulations that would have hindered Uber by forcing it to charge high prices.  Up in Boston, things are even more bizarre.   The company has been effectively <a href="http://blog.uber.com/2012/08/14/uber-boston-has-been-served/" target="_blank">told to cease and desist from offering its service</a>.  This has happened elsewhere, due to various silly regulations regarding cab and livery services, but in Massachusetts they seem to do everything in an especially screwed up manner and this is no exception.
<br /><br />
The reason Uber can no longer serve the Boston region: <i>Because they were making use of this crazy newfangled technology called "GPS" to measure the distances that cars traveled for the purpose of billing users</i>.
<br /><br />
It seems that the Massachusetts Division of Standards, and its laws covering "weights and measures," is so out of date that it has not been updated to recognize GPS as an appropriate "weight and measure" system for distance.  As if to prove just how incredibly out of touch these folks are, in the official letter ordering Uber to stop service, they repeatedly refer to the iPhone as an "I phone."  They also refer to the Global Positioning <b>System</b> as the Global Positioning <b>Services</b>.  These are the people in charge of killing off innovation.  Incredible.
<br /><br />
Basically, the state had someone sign up for Uber, take a ride in the car as a "sting" (one of the people in the car's job title is -- and I'm not joking -- the "Sealer of Weights &#038; Measures") and then cite the driver after seeing that he (*gasp*!) used a GPS device on his phone to measure the distance traveled.  When Uber pointed out that GPS has been around and widely used for decades, the Massachusetts Division of Standards argued that may well be... but since GPS is not for commercial purposes they can't accept it.  Seriously.
<blockquote><i>
Global Positioning Services (GPS ) technology is not an issue as it is and has been widely used in non-commercial applications for a number of years.  However, GPS has not been used in commercial applications for assessing transportation charges until Uber Technologies, Inc. introduced its use for this purpose.  The major problem at this time is the fact that there are no established measurement standards for its current application and use in determining transportation costs similar to that of approved measurement systems for taximeters and odometers.  Massachusetts law does not sanction unapproved devices for use in commercial transactions.
</i></blockquote>
The idea that GPS isn't used in commercial applications is silly.  GPS has been widely used by the military for decades and has been used in commercial applications for quite some time as well.  It's beyond silly to think that because some clueless "Sealer of Weights and Measures" is still focused on last century's technology that GPS is not a viable (or even common) technology for this purpose.   This seems like a clear case of a totally out of date bureaucracy actively hindering innovation for no reason other than general luddism.<br /><br /><a href="http://www.techdirt.com/articles/20120814/14441720049/boston-shuts-down-uber-because-massachusetts-doesnt-approve-gps.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120814/14441720049/boston-shuts-down-uber-because-massachusetts-doesnt-approve-gps.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120814/14441720049/boston-shuts-down-uber-because-massachusetts-doesnt-approve-gps.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no,-seriously</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120814/14441720049</wfw:commentRss>
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<pubDate>Thu, 5 Jul 2012 03:03:00 PDT</pubDate>
<title>UK Pensioner Could Face Arrest For Atheist Poster</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120703/11594019568/uk-pensioner-could-face-arrest-atheist-poster.shtml</link>
<guid>http://www.techdirt.com/articles/20120703/11594019568/uk-pensioner-could-face-arrest-atheist-poster.shtml</guid>
<description><![CDATA[ <p>Along with ridiculous libel cases, the UK is also infamous for laws that are designed to stop people hurting the feelings of others.  Maybe that's a laudable aim, but the end-result is that they can cast a chill over freedom of speech.  <a href="http://www.bostonstandard.co.uk/news/local/update-police-now-issue-statement-on-boston-pensioner-s-religions-are-fairy-stories-poster-1-3962839">Here's a classic case from the English town of Boston in Lincolnshire</a>:

<i><blockquote>A Boston OAP [Old Age Pensioner] who vowed to defy police advice and display an atheist poster has attracted national interest -- and an offer of support from the National Secular Society.
<br /><br />
John Richards was advised that putting up a poster at his Vauxhall Road home denouncing religions as 'fairy stories' could be an offence under the Public Order Act.</blockquote></i>

Following the outcry that greeted this story, the <a href="http://www.lincs.police.uk/News-Centre/News-Releases-2012/Atheist%20Poster%20Story,%20Boston%20-%20The%20Facts.html">Lincolnshire police naturally responded by issuing a press release</a>:

<i><blockquote>LincolnshirePolice have not advised Mr Richards that he faces arrest for the specific posters he is displaying and he is not committing any offences by doing so.
<br /><br />
The 1986 Public Order Act states that a person is guilty of an offence if they display a sign which is threatening or abusive or insulting with the intent to provoke violence or which may cause another person harassment, alarm or distress. This is balanced with a right to free speech and the key point is that the offence is committed if it is deemed that a reasonable person would find the content insulting.
<br /><br />
If a complaint is received by the police in relation to a sign displayed in a person&#8217;s window, an officer would attend and make a reasoned judgement about whether an offence had been committed under the Act. In the majority of cases where it was considered that an offence had been committed, the action taken by the officer would be to issue words of advice and request that the sign be removed. Only if this request were refused might an arrest be necessary.</blockquote></i>

So the good news is that the police haven't told Mr Richards that he faces arrest for his atheist poster -- yet; the bad news is that if someone says they are offended by his poster, and the police decide that a reasonable person would agree with them, then he will indeed face arrest unless he takes it down.  
</p><p>
Since the UK government claims that the current <a href="http://www.homeoffice.gov.uk/counter-terrorism/current-threat-level/">threat level</a> from terrorism is "substantial", you can't help feeling that one way of tackling that would be to free up the police from having to worry about posters in a pensioner's window.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120703/11594019568/uk-pensioner-could-face-arrest-atheist-poster.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120703/11594019568/uk-pensioner-could-face-arrest-atheist-poster.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120703/11594019568/uk-pensioner-could-face-arrest-atheist-poster.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>best-use-of-police-time?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120703/11594019568</wfw:commentRss>
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<pubDate>Wed, 28 Mar 2012 10:14:44 PDT</pubDate>
<title>Boston Pays $170,000 To The Guy Police Arrested For Filming Them</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml</link>
<guid>http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml</guid>
<description><![CDATA[ Last summer, we wrote about a <a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml">huge ruling</a> in an appeals court concerning a guy, Simon Glik, who was arrested by Boston police for filming them as they arrested someone else.  The court not only found that the arrest was a clear violation of the 1st and 4th Amendments, but that since police should have <i>known</i> the arrest was bogus, following through with it was a civil rights violation for which they could be liable for <i>damages</i>.   Because of that, <a href="http://news.cnet.com/8301-31921_3-57405594-281/boston-admits-it-cell-phone-photography-is-not-a-crime/" target="_blank">the city has now paid Glik $170,000</a> to settle the case he filed against them.  Not surprisingly, the Boston Police also indicate that they're working hard to make sure this doesn't happen again -- because it could get costly.<br /><br /><a href="http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-mess-with-the-first-amendment</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120328/04495818276</wfw:commentRss>
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<item>
<pubDate>Wed, 19 Aug 2009 21:21:00 PDT</pubDate>
<title>Boston Public Transit Does It Right: Opens Scheduling Data</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090819/1144205929.shtml</link>
<guid>http://www.techdirt.com/articles/20090819/1144205929.shtml</guid>
<description><![CDATA[ We were just talking about how NY's public transit authority, the MTA was following in the footsteps of <a href="http://www.techdirt.com/articles/20090326/1211254264.shtml">other</a> short-sighted transit groups, by claiming <a href="http://www.techdirt.com/articles/20090814/0354395880.shtml">ownership</a> of scheduling data, and trying to squeeze license fees for anyone who uses it.  Instead, if they were smart, they'd recognize that their money is made by making it easier and more convenient for people to take public transportation.  It appears there are at least a few public transit authorities that recognize this.  <a href="http://www.techdirt.com/profile.php?u=rosedale">Rosedale</a> points out that up in Boston, the MBTA <a href="http://www.boston.com/news/local/breaking_news/2009/08/coming_soon_iph.html" target="_new">is actually taking an open approach to its data</a>.  They're opening up all of the data and allowing developers to create their own apps:
<blockquote><i>
"Our priority is to consistently improve customer service for the riders who rely on the T and RTAs everyday to get to their job or their doctor's appointment on time," said Transportation Secretary Aloisi. "With the help of thoughtful technical developers, making this data public will spawn many possible applications to help transit users use their cell phones or laptops to find and use the right bus or train in the right place at the right time for them."
</i></blockquote>
Nice to see at least a few out there who have figured this out.<br /><br /><a href="http://www.techdirt.com/articles/20090819/1144205929.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090819/1144205929.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090819/1144205929.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-move</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090819/1144205929</wfw:commentRss>
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<pubDate>Tue, 12 May 2009 04:52:30 PDT</pubDate>
<title>Boston Trolley Accident Sadly Shows, Again, That Cell Phone Bans Alone Don't Really Work</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090509/1726574814.shtml</link>
<guid>http://www.techdirt.com/articles/20090509/1726574814.shtml</guid>
<description><![CDATA[ The driver of a Boston trolley that caused a crash that injured about 50 people was apparently <a href="http://www.cellular-news.com/story/37393.php?source=rss">sending text messages at the time of the accident</a>, despite a transit authority ban on such activity. This latest incident comes after the horrible crash in California last year that killed scores of people, in which the train conductor was said <a href="http://techdirt.com/articles/20080914/1930552261.shtml">to be texting</a>, and highlights how bans like this, whether covering the drivers of trains or cars, really aren't effective. A reasonably intelligent person driving a trolley or other mass-transit vehicle doesn't need a ban to tell them that texting while driving isn't such a good idea. If they aren't smart enough to figure that out, they're probably just going to ignore the ban anyway, like this driver in Boston, undermining the point of the rule. Again, it goes back to personal responsibility, something that politicians and rulemakers won't be able to conjure up out of legislation, try as they might. This isn't to say that people like trolley drivers should be allowed to text while working -- far from it. But to think that putting a ban into place will, in itself, simply and easily eliminate the problem and make everybody safer is misguided.<br /><br /><a href="http://www.techdirt.com/articles/20090509/1726574814.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090509/1726574814.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090509/1726574814.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>accountability?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090509/1726574814</wfw:commentRss>
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<pubDate>Thu, 23 Apr 2009 08:13:00 PDT</pubDate>
<title>It Had To Happen: Blame Craigslist Gang Comes Out</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090422/2244184616.shtml</link>
<guid>http://www.techdirt.com/articles/20090422/2244184616.shtml</guid>
<description><![CDATA[ You knew it was going to happen.  Following the stories about the guy in Boston who was allegedly killing women he found via Craigslist (leading some to refer to him as <a href="http://blogs.zdnet.com/open-source/?p=4007" target="_new">"the Craigslist killer,"</a> eventually people were going to start incorrectly suggesting that Craigslist deserves some of the blame.  Mark sends in the news that Massachusetts Attorney General Martha Coakley has stepped up to the challenge.  While she starts off by noting how helpful Craigslist can be in tracking down criminals, she quickly <a href="http://www.boston.com/news/local/massachusetts/articles/2009/04/22/craigslist_known_as_aid_and_enabler/" target="_new">changes tone and suggests the company may be a part of the problem</a>:
<blockquote><i>
"I can't say they haven't been helpful. On the other hand, they are the enablers.  It's all well and good to say we'll help when we're called upon . . . but in light of what's happened in Boston and around the country, it may be time for a little closer look or oversight."
</i></blockquote>
Of course, that makes no sense.  Crimes of this nature have gone on for ages.  In fact, the details sound quite similar to the famous <a href="http://en.wikipedia.org/wiki/Jack_the_Ripper" target="_new">Jack the Ripper</a> story.  Correct me if I'm wrong, but Jack didn't use Craigslist, did he?  Nor did anyone think to blame the <i>street corners</i> where Jack the Ripper found the prostitutes he murdered.  So why are we suddenly blaming the digital equivalent?<br /><br /><a href="http://www.techdirt.com/articles/20090422/2244184616.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090422/2244184616.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090422/2244184616.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>learn-to-differentiate...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090422/2244184616</wfw:commentRss>
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<pubDate>Tue, 19 Aug 2008 19:32:50 PDT</pubDate>
<title>Judge Lets MIT Students Share Their Research On Boston Subway Vulnerabilities</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080819/1712052034.shtml</link>
<guid>http://www.techdirt.com/articles/20080819/1712052034.shtml</guid>
<description><![CDATA[ While it took about a week and a half, a judge has now <a href="http://www.eff.org/press/archives/2008/08/19" target="_new">lifted the gag order</a> that had <a href="http://www.techdirt.com/articles/20080811/0035111937.shtml">prevented</a> some MIT students from sharing a presentation about vulnerabilities in the Boston subway system.  The judge refused to ban the students from talking about it for a period of five months (which the MBTA insisted it needed to fix the system).  This is definitely a win for free speech, though I'm sure the debate over how and when to disclose security vulnerabilities will continue for a long, long time.<br /><br /><a href="http://www.techdirt.com/articles/20080819/1712052034.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080819/1712052034.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080819/1712052034.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>first-amendment-wins-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080819/1712052034</wfw:commentRss>
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<pubDate>Thu, 14 Aug 2008 17:37:00 PDT</pubDate>
<title>Judge Still Keeps MIT Students Gagged Over Subway Hacking Presentation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080814/1305201982.shtml</link>
<guid>http://www.techdirt.com/articles/20080814/1305201982.shtml</guid>
<description><![CDATA[ The EFF tried to get the <a href="http://www.techdirt.com/articles/20080811/0035111937.shtml">gag order</a> lifted off the three MIT students who had planned a presentation on how Boston's subway system was vulnerable to some hacks.  However, a judge has <a href="http://news.cnet.com/8301-1009_3-10017172-83.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_new">left the gag order in place</a>, saying that it will be discussed at a hearing next Tuesday.  He also ordered the students to hand over more information.
<br /><br />
There's been a long debate in the security community about what is proper "disclosure."  There are some who believe that you should wait until a vulnerability is fixed before disclosing it, while others believe that only by disclosing it are people really motivated to fix the vulnerability.  However, most of those debates haven't taken place in court -- so this particular case should be quite interesting for those who are involved in security research, no matter which side of the "disclosure" debate you fall on.<br /><br /><a href="http://www.techdirt.com/articles/20080814/1305201982.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080814/1305201982.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080814/1305201982.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>keep-quiet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080814/1305201982</wfw:commentRss>
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<pubDate>Wed, 5 Dec 2007 09:49:00 PST</pubDate>
<title>Noncompete Agreements Are The DRM Of Human Capital</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071204/005038.shtml</link>
<guid>http://www.techdirt.com/articles/20071204/005038.shtml</guid>
<description><![CDATA[ Over the weekend, venture capitalist Bijan Sabet kicked off an interesting discussion by saying that he <a href="http://bijansabet.com/post/20621865">doesn't believe in noncompete agreements</a> and suggesting, anecdotally, why he thinks that they do more harm than good.  Venture capitalist Fred Wilson responded by <a href="http://avc.blogs.com/a_vc/2007/12/thinking-about.html">disagreeing</a> and suggesting that noncompetes do more good than harm.  This is a topic that I've become deeply familiar with recently, for some research I've been working on.  My interest in the specifics of noncompetes was kicked off by a small part of David Levine and Michele Boldrin's book <a href="http://www.dklevine.com/general/intellectual/againstnew.htm">Against Intellectual Monopoly</a>, where they discuss how the lack of noncompetes helped Silicon Valley grow.  This lead me to a lot of research on the topic, some of which I thought it would be worth bringing up, as the discussion has become so heated -- with almost all of it focused on anecdotal points, rather than actual research.  Some of this research was for a separate project I am working on, but with so much interest in the topic, I thought it would be worth a detailed post.  
<br /><br />
Much of this discussion kicked off with AnnaLee Saxenian's 1994 book <a href="http://books.google.com/books?id=gnh2Rb1rcMIC&#038;dq=regional+advantage&#038;pg=PP1&#038;ots=B9BaSrB3U5&#038;sig=npjWSg82ELDIJ19Bgp838smLggw&#038;prev=http://www.google.com/search%3Fsourceid%3Dmozclient%26ie%3Dutf-8%26oe%3Dutf-8%26q%3Dregional%2Badvantage&#038;sa=X&#038;oi=print&#038;ct=title&#038;cad=one-book-with-thumbnail#PPP1,M1"><i>Regional Advantage</i></a> that tries to understand why Silicon Valley developed into the high tech hub it is today, while Boston's Route 128 failed to follow the same path -- even though both were considered at about the same level in the 1970s.  Saxenian finds that the single biggest difference in the two regions was the ability of employees to move from firm to firm in Silicon Valley.  That factor, ahead of many others, caused Silicon Valley to take off, while the lack of mobility in Boston caused its tech companies to stagnate and make them unable to compete against more nimble Silicon Valley firms.  Saxenian claims that the difference in mobility was simply due to "cultural" differences between the east coast and the west coast.  However, the impact was massive.  The frequent job changes helped speed up the process of innovation, as ideas flowed more freely, allowing ideas to quickly change and grow and build upon other ideas leading to faster and better innovation.  In contrast, employees in Boston stuck with their firms.  The firms grew bigger, but slowly, and new ideas didn't flow nearly as easily.  There was less direct competition from firm to firm, so firms were able to rest on their laurels rather than increasing their own pace of innovation.
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Ronald Gilson found this to be interesting, and followed it up with his own research suggesting that that it had much less to do with cultural reasons and much more to do with the <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=124508">legal differences</a> between the two places, specifically: California does not enforce noncompetes, while Massachusetts does.  Gilson looks at a few of the other possible explanations for the difference and shows how they're all lacking, leaving the difference in noncompetes as being the key difference between the two regions in terms of the flow of information and ideas leading to new innovations.  He also explains the history of non-enforcement in California, showing that it was mostly an accident of history more than anything done on purpose.
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The problem with all of this research was that none of it really showed how much more mobile employees were in California than elsewhere, so that job fell to some researchers from the Federal Reserve and the National Bureau of Economic Research, who produced some data to back up the findings of Saxenian and Gilson in their report <a href="http://www.nber.org/papers/w11710">Job Hopping in Silicon Valley</a>.  Their data showed that, indeed, there was much greater mobility in Silicon Valley than elsewhere.  Their research further backed up Gilson's suggestion that it was noncompetes that made the difference by showing that other high tech communities in California outside of Silicon Valley also showed greater job mobility -- suggesting it was a California-wide phenomenon.
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Finally, to make the case even more compelling, some researchers from Harvard Business School put out some research earlier this year that not only compared the situation in Silicon Valley to Boston, but <a href="http://hbswk.hbs.edu/item/5628.html">added a third natural experiment in Michigan</a>.  You see, Michigan <i>used to</i> not enforce noncompetes, but in 1985, Michigan inadvertently began allowing noncompetes to be enforced again.  The research showed that immediately following the change, mobility of inventors in Michigan decreased noticeably, slowing the spread of certain ideas.  Their research found that "The networks of small companies so crucial to Silicon Valley's
growth would be less likely to develop in regions that enforce noncompetes."
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<b>Noncompetes Are The DRM Of Human Capital</b>
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In order to understand how this makes sense, just think of noncompetes as the "DRM" of human capital.  Just as DRM tries to restrict the spread of content, a noncompete seeks to restrict the spread of a human's ideas for a particular industry within the labor arena.  Both concepts are based on the faulty assumption that doing so "protects" the original creator or company -- but in both cases this is incorrect.  What it actually does is set up an artificial barrier, limiting the overall potential of a market.  It may not be easy to see that from the position of the content creator or company management (or investors).  It's natural to want to "protect," but it's actually quite damaging.
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We're already seeing this in the recording industry, of course.  The desire to protect has actually limited the market size of other avenues for the music industry to make money.  It's held back the ability to use music as a promotional good to build up <a href="http://www.techdirt.com/articles/20070503/012939.shtml">the overall market</a> for other tangible goods.  In the same way, noncompetes limit the market size of the industry where those noncompetes are enforced.  It holds back the ability of firms to innovate.  Innovation is an ongoing process -- and the fuel of that process is the continual spread of ideas that allows multiple parties to build on those ideas, try different approaches and seek better solutions.  While it may seem scary to a firm that supposedly "risks" losing some of its top employees to direct competitors, that's not necessarily the best way to look at this.  What it does is force companies to keep on innovating and keep trying to come up with newer, better solutions to top those competitors.  At the same time, that free flow of ideas means that the companies in the space have more fuel with which to attack the problem, rather than quarantining those ideas off in separate bins that can't be connected.
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While it may seem easier to "protect" your ideas and your people, what you really end up doing is blocking off your own access to many of the ideas that you need to continue to innovate.  You limit the vital mix of ideas to build not just decent products, but great products.  Just as DRM has helped to destroy the record labels when competing against more nimble, more open technology -- noncompetes destroy businesses when competing against more nimble, more open technology clusters.<br /><br /><a href="http://www.techdirt.com/articles/20071204/005038.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071204/005038.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071204/005038.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>bad-news-all-around</slash:department>
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<pubDate>Fri, 21 Sep 2007 17:35:59 PDT</pubDate>
<title>Boston Police Still Calling Random Light-Up Devices 'Hoax' Bombs</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20070921/163030.shtml</link>
<guid>http://www.techdirt.com/articles/20070921/163030.shtml</guid>
<description><![CDATA[ Earlier this year, a Cartoon Network marketing promotion became a huge story in the city of Boston when police assumed that some promotional light-up boxes were actually <a href="http://www.techdirt.com/articles/20070131/144709.shtml">bombs</a>.  Rather than admit that they made a mistake and overreacted, the authorities in Boston continued to accuse the folks behind the promotion of perpetrating a "hoax" on the city.  Of course, a hoax is where you try and trick people.  None of the folks involved in the promotion were trying to trick anyone into believing the promotional devices were bombs.  They were simply promotional.  However, Boston still seems to be focused on calling any electronics device they don't understand a hoax device.  The latest situation involves <a href="http://www.boingboing.net/2007/09/21/mit-student-arrested.html">an MIT student wearing a sweatshirt</a> that included a homemade electrical component that would light up LEDs on the sweatshirt.  It's certainly understandable that security would want to check out the device and understand it.  It's even somewhat understandable that they would be quite concerned about a homemade electrical device found in a sweatshirt.  Walking into an airport with such a device is asking for trouble.  However, to then accuse her of possessing a "hoax device," seems a bit absurd.  This wasn't a "hoax" device at all.  She wasn't trying to trick anyone.<br /><br /><a href="http://www.techdirt.com/articles/20070921/163030.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070921/163030.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070921/163030.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>it's-not-a-hoax</slash:department>
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