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<title>Techdirt. Stories filed under &quot;nypd&quot;</title>
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<pubDate>Fri, 10 May 2013 07:18:46 PDT</pubDate>
<title>NYPD Chief Ray Kelly And Mayor Bloomberg Still Think Privacy Is A Good Thing -- Just Not YOUR Privacy</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130508/18044323015/nypd-chief-ray-kelly-mayor-bloomberg-still-think-privacy-is-good-thing-just-not-your-privacy.shtml</link>
<guid>http://www.techdirt.com/articles/20130508/18044323015/nypd-chief-ray-kelly-mayor-bloomberg-still-think-privacy-is-good-thing-just-not-your-privacy.shtml</guid>
<description><![CDATA[ <p>
When NYPD Chief Ray Kelly said "<a href="http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml" target="_blank">privacy was off the table</a>" following the Boston bombing, we all knew this was a one-way "exchange." It was always going to be average citizens losing out on their privacy. The NYPD would remain unaffected and continue to operate the way it has for years: behind the <strike>thin</strike> thick blue line of opacity.
<br /><br />
<a href="http://www.salon.com/2013/05/08/why_is_ray_kellys_schedule_more_secret_than_president_obamas/" target="_blank">Salon's CJ Ciaramella takes a detailed look at the NYPD's track record on Freedom of Information requests</a>. The results are unsurprising. The public entities that demand the most from their constituents are often the most reluctant to give anything back.
<blockquote>
<i>The city&rsquo;s Public Advocate Bill de Blasio, who is running for mayor, recently released a <a href="http://pubadvocate.nyc.gov/foil/report" target="_blank">report</a> asserting that a third of all Freedom of Information records requests to the police department were ignored. The numbers are no surprise to journalists who cover the department, such as Leonard Levitt, a veteran cops reporter who now writes at <a href="http://nypdconfidential.com/" target="_blank">NYPD Confidential</a>.</i>
<br /><br />
<i>&ldquo;All I can tell you is that the NYPD does whatever it wants to regarding FOI requests,&rdquo; Levitt said. &ldquo;Which means they never turn anything over, at least not to me. The only time they did respond was after I got the NY Civil Liberties Union involved.&rdquo;</i></blockquote>
Levitt's case isn't unique. Others have run into the same officious stonewalling and found it often takes a lawsuit (or the threat of one) to shake anything loose. All Levitt was looking for was Ray Kelly's daily calendar. The department cited "security reasons" when rejecting his request. By this logic, protecting Ray Kelly is more important than protecting the President of the United States, whose calendar is public.
<br /><br />
What isn't rejected outright is simply ignored. Those making the requests are left to decide whether the requested information is worth the time and expense of a lawsuit. The NYCLU has found itself in court time and time again in attempts to pry info loose from the NYPD's grip.
<br /><br />
Ciaramella had his own experience with the NYPD's FOI recalcitrance when he sought access to gun discharge reports that might shed some light on the "hail of gunfire" unleashed by the NYPD in the course of bringing down the Empire State Building shooter.
<blockquote>
<i>Back in October 2012, this reporter submitted a public records request for the discharge reports filed by NYPD officers over the previous year.</i>
<br /><br />
<i>I filed the public records request on Oct. 1. And then waited. On Jan. 11, I received this response:</i></blockquote>
<blockquote>
<i>In regard to your request, for all weapons discharge reports filled [sic] by officers between January 1, 2012 and September 26, 2012, I must deny access to these records on the basis of Public Officers Law section 87 (2)(g) and 87 (2)(e) as such records/information, if disclosed would reveal criminal investigative techniques or procedures, and or are intra-agency materials. Furthermore, these records are also exempt from disclosure as these records on the basis of Public Officers Law section 87 (2)(e) and Public Officers Law 87 (2)(a) in that such records consist of personell records of a Police Officer and are therefore exempt from disclosure under the provisions of Civil Rights Law section 50-a.</i>
<br /><br />
<i>Now, stop and consider this for a second. The NYPD said the public interest of how, when and why its officers use deadly force against the citizens it&rsquo;s sworn to protect is outweighed by the need to protect the privacy of those same officers. Not only that, the public interest was outweighed by the need to protect its investigative techniques.</i></blockquote>
This is par for the course and not unique to the NYPD. Police forces all over the nation (and the word, for that matter) are notorious for protecting their own. This insular attitude tends to result in the sort of ridiculous arguments detailed above. Protecting officers from public scrutiny <i>always</i> outweighs the public interest because it's the "home team" making the call.
<br /><br />
But this reflexive "cops-first" rejection of Ciaramella's request was particularly brash, seeing as it completely contradicted a previous judicial ruling.
<blockquote>
<i>A New York judge <a href="http://www.nytimes.com/2011/02/23/nyregion/23shootings.html" target="_blank">ruled</a> two years ago &mdash; in response to a NYCLU lawsuit, naturally &mdash; that discharge reports are subject to disclosure, do not violate officers&rsquo; privacy and do not compromise the department&rsquo;s investigative techniques.</i></blockquote>
The NYPD at least tried a different tack with Ciaramella's next discharge report request, denying it because it was insufficiently descriptive of the files requested -- even though it was nearly identical to the previous filing.
<br /><br />
This is a systemic problem. FOI requests are ignored, rejected or put on the back burner until someone gets a lawyer involved. If any answer arrives, it's usually months or years down the road and, in many cases, redacted to the point of uselessness.
<br /><br />
New York's FOI problem goes all the way to the top. Bloomberg's office has spent significant amounts of time and money battling FOI requests as well.
<br /><br />
ProPublica's Sergio Hernandez <a href="http://www.propublica.org/article/intern-vs-mayor-battle-bares-bloombergs-argument-for-secrecy" target="_blank">spent nearly two years trying to obtain emails related to the 2010 appointment of Cathie Black as School Chancellor</a>. (Black was a controversial pick who stepped into the position with no relevant experience after her predecessor suddenly resigned his post.)
<blockquote>
<i>When the <a href="http://www.propublica.org/documents/item/695715-cathie-black-emails" target="_blank">emails</a> were finally released last week, after a two-year legal battle, they <a href="http://www.nytimes.com/2013/05/03/nyregion/e-mails-show-rush-to-quell-furor-over-cathleen-black.html" target="_blank">revealed a desperate public relations campaign</a> in which city officials tried to rally support from prominent women &mdash; including Oprah Winfrey, Gloria Steinem, Caroline Kennedy, and Bette Midler &mdash; to champion Black's appointment. (I'll admit: never in a million years did I expect my work to result in stories containing the sentence, "Ms. Winfrey couldn't be reached for comment.") In the end, the emails were amusing, slightly enlightening, but largely innocuous.</i></blockquote>
Hernandez points out that much has been made about the last-minute attempt to persuade female celebrities to show their support for the new chancellor, but much less ink has been spilled questioning why the city fought this request for so long, <a href="http://cerealcommas.com/?p=382" target="_blank">racking up a total of 180 staff hours and costs of over $25,000</a>.
<br /><br />
In the very limited defense of the NYPD, all FOI requests are funneled through a single office. This inefficient design can partially be blamed for the extensive delays. But it doesn't excuse the general attitude that citizens need to be an open book while those in charge continue to operate in near opacity. And the inequity keeps getting worse, according to Robert Freeman, executive director of the NY State Commission on Open Government.
<blockquote>
<i>&ldquo;I&rsquo;ve been here since 1974,&rdquo; Freeman said. &ldquo;The track record of the police department, particularly in the last decade, indicates in so many instances a failure to give effect to the spirit and letter of the freedom of information law."</i>
<br /><br />
<i>&ldquo;I look back at various mayoral administrations, and my feeling is that there was more of an intent to comply with the law in the era of Mayor [Ed] Koch than there has been since,&rdquo; Freeman continued. &ldquo;My sense has been that the downward slope began in Giuliani&rsquo;s administration.&rdquo;</i></blockquote>
There's little hope of any immediate change. Entities like the two discussed are naturally resistant to transparency and sudden movement. The fact that the NYPD and Mayor Bloomberg have formed a <a href="http://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml" target="_blank">mutual admiration society</a> over the years indicates that it will remain "business as usual" until a mayor willing to stand up to the police department (and stand up <i>for</i> his constituents) is elected. The last two office holders have been more than happy to indulge the PD's excesses, all the while further isolating themselves from the demands of transparency laws and the people they're supposed to be serving.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130508/18044323015/nypd-chief-ray-kelly-mayor-bloomberg-still-think-privacy-is-good-thing-just-not-your-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130508/18044323015/nypd-chief-ray-kelly-mayor-bloomberg-still-think-privacy-is-good-thing-just-not-your-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130508/18044323015/nypd-chief-ray-kelly-mayor-bloomberg-still-think-privacy-is-good-thing-just-not-your-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>reaching-hypocritical-mass</slash:department>
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<pubDate>Wed, 8 May 2013 09:42:31 PDT</pubDate>
<title>NYPD Sergeant Says 'Guilty Until Proven Innocent' Is Just The Price We Pay For A 'Free Society'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130506/17164522967/nypd-sergeant-says-guilty-until-proven-innocent-is-just-price-we-pay-free-society.shtml</link>
<guid>http://www.techdirt.com/articles/20130506/17164522967/nypd-sergeant-says-guilty-until-proven-innocent-is-just-price-we-pay-free-society.shtml</guid>
<description><![CDATA[ <p>
We've been dealing with the New York police department lately, thanks to <a href="https://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml" target="_blank">the mayor</a> and the <a href="http://www.techdirt.com/articles/20130428/18232822866/ny-police-chief-ray-kelly-says-boston-bombing-takes-privacy-off-table.shtml" target="_blank">police chief</a> using the recent Boston bombing as an excuse to increase surveillance efforts and enact other policies to further encroach on New Yorkers' civil liberties. Whenever something terrorist-related occurs, it seems as though the NYPD's reps can't keep their opinions to themselves, even as the department itself drifts <a href="http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml" target="_blank">further and further away</a> from being a sterling example of How Things Should Be Done.
<br /><br />
In a recent Christian Science Monitor article dealing with "teenagers, terrorism and social media" (focusing on the recent <a href="http://www.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml" target="_blank">Cameron D'Ambrosio arrest</a> for making "terrorist threats" via some improvised rap lyrics posted to Facebook), Sgt. Ed Mullins of the NYPD shows up to <a href="http://www.csmonitor.com/USA/Justice/2013/0505/Teenagers-social-media-and-terrorism-a-threat-level-hard-to-assess" target="_blank">make some very disturbing statements about your rights and responsibilities as a (mere) citizen</a>. It starts with the worst kind of "policy" and goes downhill fast.
<blockquote>
<i>Using a zero tolerance approach to track domestic terrorists online is the only reasonable way to analyze online threats these days, especially after the Boston Marathon bombing and news that the suspects had subsequently planned to target Times Square in Manhattan, Mullins says. The way law enforcement agencies approach online activity that appears sinister is this: <b>&ldquo;If you&rsquo;re not a terrorist, if you&rsquo;re not a threat, prove it,&rdquo; he says</b>.</i></blockquote>
"<a href="http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml" target="_blank">Zero tolerance</a>" is <i>never</i> "reasonable." It never has been and it never will be. In fact, it's the polar opposite. Zero tolerance policies simply absolve the enforcers of any responsibility for the outcome and grant them the privilege of ignoring mitigating factors. It allows them to bypass applying any sort of critical thinking skills (the "reason" part of "reasonable") and view every infractions as nothing more than a binary IF THEN equation.
<br /><br />
Mullins goes even further than this, though, asserting that the burden of proof lies with the person charged, not the person bringing the charges. This flips our judicial system on its head (along with the judicial systems in many other countries) and, if applied the way Mullins views it, puts accused citizens in the impossible position of trying to prove a negative. This is just completely wrong, and it's a dangerously stupid thing for someone in his position to <i>believe</i>, much less <i>state out loud</i>. (Mullins also heads the Sergeants Benevolent Association, the second-largest police union in New York City.)
<br /><br />
Believe it or not, Mullins is not done talking. What he says next doubles up on the "dangerous" and "stupid."
<blockquote>
<i>&ldquo;<b>This is the price you pay to live in free society right now</b>. It&rsquo;s just the way it is,&rdquo; Mullins adds.</i></blockquote>
No. It isn't.
<br /><br />
This is the price Mullins is <i>charging</i> to live in the NYPD's severely stunted version of a "free" society. The NYPD has been harassing young minorities at the rate of 500,000 impromptu stop-and-frisks <i>per year</i> for the better part of the last decade. For the past 10 years, the NYPD has been regularly trampling citizens' civil liberties simply because they <a href="http://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml" target="_blank">attend a mosque</a>. The NYPD and Mayor Bloomberg have worked ceaselessly to make New York the most-surveilled city in the U.S.
<br /><br />
That's the price New Yorkers are paying. It has nothing to do with living in a free society. The NYPD takes liberties away and high-ranking cops like Mullins have the gall to suggest there's some sort of equitable exchange occurring. Mullins doesn't seem to understand (or just doesn't care) that if you <i>take away freedom</i> you no longer have a <i>free society</i>.
<br /><br />
It has been said that <a href="http://www.thisdayinquotes.com/2011/01/eternal-vigilance-is-price-of-liberty.html" target="_blank">eternal vigilance is the price of liberty</a>, but "eternal vigilance" isn't shorthand for oppressive surveillance and zero tolerance policies that make freedom less "free." "Eternal vigilance" isn't treating the Constitution like a relic too worn and tattered to serve any purpose in these "dangerous" times. And being an officer of the law isn't an excuse to shut your intellect off and allow your brain stem and broad policies to "work" in concert in order to treat loudmouth teens on Facebook like a guy with a trailer home full of explosives.
<br /><br />
This "vigilance" is supposed to be put to use by <i>citizens</i> in order to prevent authorities like Mullins from encroaching on our liberties. It's not solely limited to a united military effort against foreign powers. There are plenty of people apparently willing to attack our freedom from the comfort of the home front.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130506/17164522967/nypd-sergeant-says-guilty-until-proven-innocent-is-just-price-we-pay-free-society.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130506/17164522967/nypd-sergeant-says-guilty-until-proven-innocent-is-just-price-we-pay-free-society.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130506/17164522967/nypd-sergeant-says-guilty-until-proven-innocent-is-just-price-we-pay-free-society.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>nothing's-more-'secure'-than-a-jail-cell</slash:department>
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<pubDate>Fri, 3 May 2013 09:34:00 PDT</pubDate>
<title>Bloomberg Defends Stop-And-Frisk, Decries Critics 'Pointing Fingers From City Hall' By Pointing Fingers From NYPD Headquarters</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml</link>
<guid>http://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml</guid>
<description><![CDATA[ <p>
Everything questionable that Bloomberg has overseen in his position as mayor of New York -- all the <a href="http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml" target="_blank">civil rights violations</a>, all the <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">increased surveillance</a>, all the the dubious actions and policies that sent the message that Bloomberg was very interested in crafting a <a href="http://www.techdirt.com/articles/20130321/17560722411/next-nanny-state-bloomberg-tries-to-make-you-not-think-about-cigarettes.shtml" target="_blank">hybrid nanny/police state</a> -- is coming home to roost.
<br /><br />
With the police force under attack from <a href="http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml" target="_blank">multiple lawsuits</a> and his soda ban overturned by a NY judge for being "<a href="http://www.npr.org/2013/03/12/174080041/n-y-judge-overturns-bloombergs-soda-ban" target="_blank">arbitrary and capricious</a>" (name a ban that isn't), Bloomberg is on the defensive -- and he sounds it. Rather than addressing concerns with thoughtful answers, the mayor has decided to respond by l<a href="http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml" target="_blank">ashing out at his critics and backing up his dubious claims with even worse rationale</a>.
<br /><br />
Bloomberg pointed fingers and threw out the obligatory 9/11 card during his speech/diatribe delivered from the friendly confines of the NYPD headquarters. Bloomberg's comments hold everyone accountable for the current unpleasantness (and future theoretic unpleasantness) -- everyone but Bloomberg and the NYPD. The arguments Bloomberg uses are so abysmal it's almost possible to believe this is a very broadly played satire, rather than an actual event that actually happened. Just take a look at this statement.
<blockquote>
<i>&ldquo;God forbid terrorists succeed in striking our city because of a politically driven law that undermines the N.Y.P.D.&rsquo;s intelligence gathering efforts,&rdquo; he said.</i></blockquote>
"Terrorists." "God forbid." Someone needs to find a new rhetorical device.
<br /><br />
Believe it or not, this is Bloomberg's argument against appointing an independent Inspector General to review police policies. The argument has two parts, both equally awful. The first uses the tired "but terrorism" threat/excuse/cliche. The second part actually makes the claim that an Inspector General would result in other agencies being <i>less</i> willing to share info with the NYPD. That may be true, but <i>why </i>is it true and <i>why</i> is this an "acceptable" truth? To put it in words frequently directed towards US citizens: what do they have to hide?
<br /><br />
Bloomberg's words play to the home crowd (NYPD) , but holy shit is that an ugly bit of truth to (inadvertently) drop in the middle of a loaded sentence. If NYPD intelligence gathering is "undermined" by the presence of independent oversight, the problem is with the NYPD and every agency that decideds to cut them out of the loop, willfully endangering the public in favor of CYA opacity.
<br /><br />
Bloomberg said more, but this statement is just terrible. It indicates there's an acceptable level of corruption within the police force and that the mayor has no interest in addressing that issue. Everything else becomes so much banality aimed at satiating his audience, a collection of NYPD police chiefs. There's terrorism (again):
<blockquote>
<i>&ldquo;Look at what&rsquo;s happened in Boston,&rdquo; Mr. Bloomberg said. &ldquo;Remember what happened here on 9/11. Remember all of those who&rsquo;ve been killed by gun violence and the families they left behind.&rdquo;</i></blockquote>
OK. And what? Honor their memories by giving the police carte blanche to shove any citizen up against the nearest wall and pat them down? Cover every inch of the city with cameras, microphones and facial recognition software in hopes of "preventing" a statistically anomalous event (and proclaiming victory when the more statistically probable <i>nothing</i> continues to happen)?
<br /><br />
To top this all off, Bloomberg steps past the empty rhetoric and defense of shady police "business as usual" to hypocritically deride others for "playing politics with people's lives."
<blockquote>
<i>&ldquo;The attacks most often come from those who play no constructive role in keeping our city safe, but rather, view their jobs as pointing fingers from the steps of City Hall,&rdquo; he said.</i></blockquote>
Said the man who <i>is</i> City Hall, pointing fingers from NYPD headquarters.
<br /><br />
Bloomberg's statements are ugly, but at least they were delivered out in the open, rather than in a closed-door meeting with the "home team." All of Bloomberg's finger pointing and cheap rationale is a matter of public record. This is a small, inadvertent, victory. Bloomberg wants his constituents' lives to be open books, but wants the NYPD to remain an inscrutable, unassailable means of enforcement and "security." That's a load of crap and Bloomberg seems to be having trouble shoveling it correctly. If he keeps feeling this sort of heat, we may see him slipping into full blown opacity or devolving even further into a ranting apologist for systemic failure.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130430/19460622895/bloomberg-defends-stop-and-frisk-decries-critics-pointing-fingers-city-hall-pointing-fingers-nypd-headquarters.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pot-decries-kettles'-blackness;-NYPD-books-same,-citing-'public-blacknes</slash:department>
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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 />
 ]]></description>
<slash:department>not-that-there-was-much-left-on-table...</slash:department>
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</item>
<item>
<pubDate>Mon, 29 Apr 2013 09:36:00 PDT</pubDate>
<title>Former Police Chief Defends NYPD's 'Stop And Frisk' Program, Because It Has A Checklist</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml</link>
<guid>http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml</guid>
<description><![CDATA[ <p>
NYPD's "stop-and-frisk" program has never really been considered "constitutional" by anyone involved on either side of the law. In fact, certain elements of the stop-and-frisk program <a href="http://reason.com/24-7/2013/01/08/nypds-stop-and-frisk-policy-ruled-uncons" target="_blank">have already been ruled unconstitutional</a> (making trespass stops outside residential buildings). But a case currently underway (<a href="http://ccrjustice.org/floyd" target="_blank"><i>Floyd v. City of New York</i></a>) is hoping to prove that the NYPD's program violates the Fourth and Fourteenth Amendments.
<br /><br />
Since 2002, the NYPD has <a href="http://www.nyclu.org/content/stop-and-frisk-data" target="_blank">performed these "street interrogations" over 4 million times</a>. The end result? Nearly nine out of ten "suspects" have been completely innocent, and this is according to the NYPD's <i>own reports</i>. In addition, an overwhelming percentage of those stopped have been minorities. (Stops of whites hovers around 11% of the total.)
<br /><br />
Not only are the NYPD's numbers damning in their own right, but <a href="http://www.thenation.com/article/173565/we-were-handcuffing-kids-no-reason-stop-and-frisk-goes-trial#" target="_blank">NYPD officer testimony alleges that the department pressures officers with a quotas</a> (20 summonses + 1 arrest per officer per month -- a.k.a. "20 and one"), something many states have recognized as creating perverse incentives and have outlawed accordingly. (Of course, this just leads to police departments utilizing other terms, like "productivity" or "benchmarks" or "performance goals.") Secret recordings even caught a commanding officer stating explicitly who patrol officers were supposed to target with the stop-and-frisk program: "I told you at roll call, and I have no problem telling you this, <b>male blacks 14 to 20, 21</b>."
<br /><br />
Recently retired police chief Joseph Esposito was called to testify in the <i>Floyd v. City of New York</i> case and Scott Greenfield noticed a <a href="http://blog.simplejustice.us/2013/04/11/the-constitution-in-the-hands-of-a-grocery-clerk.aspx" target="_blank">rather interesting exchange between the chief and the presiding judge</a>. After Esposito played to part of the crowd for a bit, mentioning the 40% reduction in crime and saluting his sergeants as the "best in the world," he answered a few questions directly related to the stop-and-frisk program.
<blockquote>
<i>Mr. Esposito also put much stock in the paperwork that officers must fill out after each street stop. That form includes numerous check boxes, each describing behavior that might lead to a stop, like &ldquo;furtive movements&rdquo; or &ldquo;actions indicative of casing.&rdquo;</i>
<br /><br />
<i>Mr. Esposito insisted that a supervisor could conclude that a stop was legal based on reviewing that form alone.</i>
<br /><br />
<i>&ldquo;If it&rsquo;s filled out properly, it gives you reasonable suspicion. And if you have reasonable suspicion established, then you do not have racial profiling,&rdquo; Mr. Esposito said. &ldquo;It&rsquo;s as simple as that.&rdquo;</i></blockquote>
(Here's a copy of that form, usually referred to as a "250" form [UF-250] despite the fact that its form number is 344-151A.)
<br /><br />
<center><img alt="" src="http://i.imgur.com/PNt6AOw.png" style="width: 500px; height: 516px;" /></center>
<br />
That's an interesting rationale. And not just the fact that Esposito believes "reasonable suspicion" can be entirely unyoked from "racial profiling." It's not as if narratives (and their corresponding paperwork) have never been altered to justify racially motivated actions.
<br /><br />
But the worst part of this rationale is how little it takes for an officer to "establish" reasonable suspicion, and how the NYPD seems to prefer it that way.
<blockquote>
<i>A checklist. The holy grail of grocery clerks. Check off a few boxes and, bingo, reasonable suspicion is established. "It's as simple as that."</i>
<br /><br />
<i>[T]his... testimony... provides the deepest understanding of the failure to grasp what's at risk when cops roam the street under the leadership of a guy like Espo.</i>
<br /><br />
<i>With his three stars, he was a "near-mythic figure" in the NYPD. Yet on the witness stand, he revealed himself to be an errand boy for grocery store clerks, who thought a checklist was real. "It's as simple as that." They so adore checklists. Check the right boxes and all is well with the world. There is no better proof than a checklist.</i></blockquote>
As Greenfield says, this is what's presiding over New Yorker's constitutional rights -- a set of checkboxes so vague any person could be considered "reasonably suspicious."
<br /><br />
Fortunately, the judge was underwhelmed by Eposito's "star power" and his affection for reasonable-suspicion-via-checklist. Her response points out just how broadly written the form is and how easily it can be abused.
<blockquote>
<i>But Judge Scheindlin appeared skeptical that the paperwork proved anything.</i>
<br /><br />
<i>&ldquo;Any officer can check off &lsquo;high-crime area&rsquo; and &lsquo;furtive movements,&rsquo; &rdquo; Judge Scheindlin said, referring to two check-box categories on the stop-and-frisk form. &ldquo;You really don&rsquo;t know much about the stop, looking at the form, do you?&rdquo;</i></blockquote>
No. You really can't tell much by looking at the form. And like all paperwork, it's usually filled out <i>after</i> someone has already been shoved against a wall for walking in a high crime area. The department's own stats show that 9 out of 10 times, nothing illegal is happening. But yet the practice persists, failing to do anything more than assert control over the populace with systemic harassment sporting a gaudy 90% failure rate.
<br /><br />
The number of stops dropped 20% last year (from its 2011 peak), suggesting a couple of things are happening. Either batting .100 isn't sitting well with some officers or the form itself is slowing down the process of establishing reasonable suspicion. Below is one of the forms the NYPD is reportedly* considering using to replace the inefficient, two-page "250" form.
<br /><br />
<center><img alt="" src="http://i.imgur.com/tbkUubB.png" style="width: 500px; height: 549px;" /></center>
<br />
<i>*Actually not considering this completely made-up form at all.</i>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130411/10524522679/former-police-chief-defends-nypds-stop-frisk-program-because-it-has-checklist.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>meanwhile,-certain-commanders-seem-to-be-encouraging-profiling</slash:department>
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<item>
<pubDate>Thu, 6 Dec 2012 10:49:51 PST</pubDate>
<title>NYC Artist Satirizes Law Enforcement Drone Program; Gets Book Thrown At Him By NYPD</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121205/21484221251/nyc-artists-satirizes-law-enforcement-drone-program-gets-book-thrown-him-nypd.shtml</link>
<guid>http://www.techdirt.com/articles/20121205/21484221251/nyc-artists-satirizes-law-enforcement-drone-program-gets-book-thrown-him-nypd.shtml</guid>
<description><![CDATA[ If there&#39;s one thing authority figures hate, it&#39;s anything that goes counter to the narrative and/or puts their pet projects in an unfavorable light. A New York City artist is learning this the hard way after he and some friends took aim at the police department&#39;s drone program, <a href="http://reason.com/archives/2012/11/30/drones-invade-new-york-city">plastering the city with satirical ads touting the "safety" provided by the new eyes in the sky</a>.
<blockquote>
<i>On September 16, 29-year-old &ldquo;Essam&rdquo; and a group of friends blanketed lower Manhattan with posters designed to look like official New York Police Department signage. &ldquo;Drones: Protection When You Least Expect It,&rdquo; read the slogan below simple ideograms of families running from unmanned aerial vehicles. Essam and his team disguised themselves as employees of the outdoor advertising firm Van Wagner, which manages the advertising space on bus stations and kiosks throughout the city. All told, they swapped out about 100 ads.</i><br />
<br />
<i>&ldquo;We see this trend throughout history of military technology always coming to the civilian world,&rdquo; the Army veteran told Animal New York. He says his goal is for the conversation about domestic police use of drones &ldquo;to reach a mainstream level where we are talking about this at the dinner table.&rdquo;</i></blockquote>
<center><img alt="" src="http://i.imgur.com/mVN03.jpg" style="width: 500px; height: 378px;" /></center>
<br />
Needless to say, the PD was highly unamused. <a href="http://reason.com/blog/2012/12/03/drone-poster-artist-arrested-nypd-does-n" target="_blank">Its "weeks-long manhunt" for the artist finally culminated in an arrest</a>... and a handful of trumped up charges.
<blockquote>
<i>Essam Attia, 29, was hit with 56 counts of criminal possession of a forged instrument, grand larceny possession of stolen property and weapons possession after allegedly having an unloaded .22-caliber revolver under his bed at his Manhattan apartment when he was arrested early Wednesday.</i><br />
<br />
<i>He posted bail, which was set at $10,000 bond or $2,500 cash, and is due back in Manhattan Criminal Court on Dec. 3.</i></blockquote>
Attia hoped to generate some awareness and kickstart discussion about the increasing prevalence of law enforcement drone usage. Unfortunately, it looks as though the NYPD is only interested in providing its narrative, one that is free from criticism or transparency. It also seems to be particularly bad at actual "police work." Essam signed many of the posters with his artist signature ("ESSAM") and participated in a barely-anonymous interview and yet it took a "weeks-long manhunt" to track him dow.<br />
<br />
Calling his lookalike posters "forged" is stretching the truth to fit a hefty criminal charge, one that appears to have been levied solely out of spite. Perhaps if Essam had just placed his posters <i>over</i> the NYPD&#39;s, he wouldn&#39;t also be facing the grand larceny charge, but that&#39;s just quibbling over theoretical outcomes. The larger issue is the First Amendment. No one ever guaranteed free speech <i>without</i> consequences, but it does seem like this pursuit of an artist who honestly did nothing more than make more New Yorkers more aware of their PD&#39;s tactics has very little to do with bringing a criminal to justice, and everything to do with harshly shutting down criticism in order to deter further critiques of the NYPD.&nbsp;<br /><br /><a href="http://www.techdirt.com/articles/20121205/21484221251/nyc-artists-satirizes-law-enforcement-drone-program-gets-book-thrown-him-nypd.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121205/21484221251/nyc-artists-satirizes-law-enforcement-drone-program-gets-book-thrown-him-nypd.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121205/21484221251/nyc-artists-satirizes-law-enforcement-drone-program-gets-book-thrown-him-nypd.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>for-all-the-tough-talk,-the-skin-is-surprisingly-thin</slash:department>
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<item>
<pubDate>Mon, 29 Oct 2012 08:24:56 PDT</pubDate>
<title>Another NYPD Terrorist 'Investigation' Turns Up Nothing But Privacy Invasions And Rights Erosion</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml</link>
<guid>http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml</guid>
<description><![CDATA[ It&#39;s no secret that the "War on Terror" has resulted in little more than steady paychecks for those in the loop and plenty of rights erosion everywhere else. As was detailed earlier this year, the New York Police Department has decided to follow in the clumsy footsteps of the FBI&#39;s anti-terrorism efforts, crafting its own "elite" agency (with the help of the CIA) to infiltrate the Muslim community and smoke out terrorists. The end result? <a href="http://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml" target="_blank">Not a single lead generated</a>.<br />
<br />
Via <a href="http://reason.com/blog/2012/10/23/how-cops-create-and-capture-terror-talk" target="_blank">Reason</a> comes this <a href="http://bigstory.ap.org/article/informant-nypd-paid-me-bait-muslims" target="_blank">Associated Press story about another NYPD anti-terrorism failure</a>. Shamiur Rahman, a 19-year-old American of Bengali descent, was put to work by the NYPD&#39;s intelligence unit as an informant, earning $1000 a month in exchange for "baiting" Muslims into making inflammatory statements.
<blockquote>
<i>Shamiur Rahman... who has now denounced his work as an informant, said police told him to embrace a strategy called "create and capture." He said it involved creating a conversation about jihad or terrorism, then capturing the response to send to the NYPD. For his work, he earned as much as $1,000 a month and goodwill from the police after a string of minor marijuana arrests</i>.</blockquote>
There&#39;s nothing like a little leverage in the form of dangling prison sentence to "motivate" your informants into giving you as much "information" as possible, even if most is unverifiable, exaggerated or simply made up. Rahman was no exception:
<blockquote>
<i>Police recruited Rahman in late January, after his third arrest on misdemeanor drug charges, which Rahman believed would lead to serious legal consequences. An NYPD plainclothes officer approached him in a Queens jail and asked whether he wanted to turn his life around...</i><br />
<br />
<i>In an Oct. 15 interview with the AP, however, Rahman said he received little training and spied on "everything and anyone." He took pictures inside the many mosques he visited and eavesdropped on imams. By his own measure, he said he was very good at his job and his handler never once told him he was collecting too much, no matter whom he was spying on.</i><br />
<br />
<i>He said he sometimes intentionally misinterpreted what people had said. For example, Rahman said he would ask people what they thought about the attack on the U.S. Consulate in Libya, knowing the subject was inflammatory. It was easy to take statements out of context, he said. He said wanted to please his NYPD handler, whom he trusted and liked.</i><br />
<br />
<i>"I was trying to get money," Rahman said. "I was playing the game."</i></blockquote>
That wasn&#39;t all Rahman did. In order to avoid the sentence constantly hanging over his head, he went above and beyond. According to the AP article, Rahman took pictures inside mosques and at events, eavesdropped on imams, spied on the Muslim Student Association at John Jay College, wrote down license plate information and collected cell phone numbers. All of this activity resulted in Rahman drawing this conclusion:
<blockquote>
<i>Rahman, who was born in Queens, said he never witnessed any criminal activity or saw anybody do anything wrong.</i></blockquote>
NYPD spokesman Paul Browne refused to comment but has denied widespread spying in the past, insisting that "police only follow leads." It&#39;s the sort of statement you expect from a spokesman, even in the face of so much evidence to the contrary. Even the "targeted" Demographics Unit cast a very wide net, assembling databases on where Muslims lived, shopped and worked and cataloguing every Muslim who adopted an Americanized surname.<br />
<br />
Furthermore, former NYPD officials confirmed that the tactics used by Rahman were common. Rahman received little training or instruction, something that may have helped focus his efforts. Of course, if his handlers wanted a wide net cast, the last thing they would have done is give him some guidelines.<br />
<br />
The assault on constitutional rights continues, and privacy continues to be violated, all under the dubious heading of "anti-terrorism."<br /><br /><a href="http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121025/16102620845/another-nypd-terrorist-investigation-turns-up-nothing-privacy-invasions-rights-erosion.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>when-all-you-have-an-'elite'-anti-terrorism-squad,-everything-looks-like</slash:department>
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<item>
<pubDate>Mon, 9 Jul 2012 14:11:00 PDT</pubDate>
<title>NYPD Put Couple On 'Wanted' Poster For Videotaping Police</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120709/02021719618/nypd-put-couple-wanted-poster-videotaping-police.shtml</link>
<guid>http://www.techdirt.com/articles/20120709/02021719618/nypd-put-couple-wanted-poster-videotaping-police.shtml</guid>
<description><![CDATA[ We've had plenty of stories lately about police <a href="https://www.techdirt.com/articles/20120608/18110819255/police-arrest-woman-filming-them-take-phone-out-her-bra-claim-that-it-must-be-kept-as-evidence.shtml">overreacting</a> to people filming them -- and <a href="https://www.techdirt.com/articles/20120509/16490418853/federal-appeals-court-rejects-illinois-eavesdropping-law-as-likely-violating-first-amendment.shtml">multiple</a> courts have <a href="http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml">ruled</a> that filming the police is perfectly legal.  Even the Justice Department has <a href="http://www.techdirt.com/articles/20120517/03103218948/doj-argues-forcefully-your-right-to-photograph-videotape-law-enforcement.shtml">spoken out</a> and warned police departments that they need to let the public photograph and video tape them if they want.
<br /><br />
And yet, we keep hearing of new incidents of police going after people for filming them.  <a href="http://yro.slashdot.org/story/12/07/08/1752223/ny-couple-on-wanted-poster-for-filming-police?utm_source=slashdot&#038;utm_medium=twitter" target="_blank">Slashdot</a> now points us to a story that takes that to a different level.  It involves the NY Police Department <a href="http://www.dnainfo.com/new-york/20120702/west-harlem/harlem-couple-branded-professional-agitators-nypd-wanted-poster" target="_blank">creating a "wanted" poster for a couple who have been regularly filming them</a> and posting the videos <a href="https://www.youtube.com/user/christinag91686?feature=watch" target="_blank">to a YouTube channel</a>.  While the poster did not technically say "wanted" it sure <i>looked like</i> a Wanted poster, and the couple worried that anyone who saw it would think they were sought for arrest.  The poster did describe them as "professional agitators."
<center>
<a href="http://imgur.com/9OQ8Y"><img src="http://i.imgur.com/9OQ8Y.png" width=560 /></a>
</center>
After calling police about the posters, they were told that they had been taken down, but the police still have not explained why they created them in the first place.<br /><br /><a href="http://www.techdirt.com/articles/20120709/02021719618/nypd-put-couple-wanted-poster-videotaping-police.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120709/02021719618/nypd-put-couple-wanted-poster-videotaping-police.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120709/02021719618/nypd-put-couple-wanted-poster-videotaping-police.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>overreact-much?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120709/02021719618</wfw:commentRss>
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<pubDate>Thu, 20 Oct 2011 15:31:08 PDT</pubDate>
<title>NYPD Finally Admit That Police Broke The Rules With Pepper Spraying; May Slap Anthony Bologna On The Wrist</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111020/11394916437/nypd-finally-admit-that-police-broke-rules-with-pepper-spraying-may-slap-anthony-bologna-wrist.shtml</link>
<guid>http://www.techdirt.com/articles/20111020/11394916437/nypd-finally-admit-that-police-broke-rules-with-pepper-spraying-may-slap-anthony-bologna-wrist.shtml</guid>
<description><![CDATA[ After Deputy Inspector Anthony Bologna was <a href="http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml">caught on video tape</a> pepper spraying protestors and then walking away (<a href="http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml">multiple times</a>), police spokesperson Paul Browne insisted that the pepper spray was used appropriately and that the evidence proving this was, "edited out or otherwise not captured in the video."   That seemed difficult to believe given multiple cameras from multiple angles all capturing the event.
<br /><br />
So it's interesting to see NYPD spokesperson Paul Browne (surely, not the same person) now admitting that <a href="http://www.nytimes.com/2011/10/19/nyregion/commander-who-pepper-sprayed-wall-street-protesters-faces-disciplinary-charges.html?_r=2&#038;hp" target="_blank">Bologna broke the rules</a>.
<blockquote><i>
The commander, Deputy Inspector Anthony Bologna, has been given a so-called command discipline, according to a law enforcement official. Officials said investigators found that the inspector ran afoul of Police Department rules for the use of the spray. The department&rsquo;s patrol guide, its policy manual, says pepper spray should be used primarily to control a suspect who is resisting arrest, or for protection; it does allow for its use in &ldquo;disorder control,&rdquo; but only by officers with special training.
<br /><br />
The Internal Affairs Bureau reviewed the episode and found that Inspector Bologna &ldquo;used pepper spray outside departmental guidelines,&rdquo; said Paul J. Browne, the Police Department&rsquo;s chief spokesman. He declined to elaborate.
</i></blockquote>
Apparently Bologna <i>may</i> be docked 10 days worth of pay.  Though, I'm curious if we'll get an IAB investigation into false statements from police spokespeople insisting that something was done appropriately, and then later saying the exact opposite.  Somehow, I doubt it.<br /><br /><a href="http://www.techdirt.com/articles/20111020/11394916437/nypd-finally-admit-that-police-broke-rules-with-pepper-spraying-may-slap-anthony-bologna-wrist.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111020/11394916437/nypd-finally-admit-that-police-broke-rules-with-pepper-spraying-may-slap-anthony-bologna-wrist.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111020/11394916437/nypd-finally-admit-that-police-broke-rules-with-pepper-spraying-may-slap-anthony-bologna-wrist.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>lose-your-10-vacation-days</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111020/11394916437</wfw:commentRss>
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<item>
<pubDate>Mon, 3 Oct 2011 08:27:18 PDT</pubDate>
<title>Phony Bologna: More Evidence Of Indiscriminate Pepper Spraying, As Police Defend Actions</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml</link>
<guid>http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml</guid>
<description><![CDATA[ NYPD Deputy Inspector Anthony Bologna remains in the news, even as the NYPD <a href="http://www.bloomberg.com/news/2011-10-03/anti-wall-street-protesters-reach-prime-time-goal-as-arrests-surpass-700.html" target="_blank">ramped up their "arrest the protesters"</a> campaign this weekend.  After all of the <a href="http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml">video evidence</a> that he randomly pepper sprayed some women at the OccupyWallStreet protests, the NYPD Commissioner Ray Kelly has said that the Internal Affair Bureau <a href="http://cityroom.blogs.nytimes.com/2011/09/28/police-department-to-examine-pepper-spray-incident/" target="_blank">would open an investigation</a> into the actions.  But at the same time, he defended Bologna's actions.  Of course, at about the same time he was doing this, <a href="http://cityroom.blogs.nytimes.com/2011/09/28/inspector-may-have-used-pepper-spray-on-others-video-shows/?src=tp" target="_blank">a second video came out</a>, once again showing Bologna appearing to indiscriminately pepper spray people, including a credentialed photojournalist (wearing his credentials around his neck).
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/gcl9mQPC-Xo" frameborder="0" allowfullscreen></iframe>
</center>
So how is Kelly defending this?  First, he blames the protesters for "tumultuous conduct."  I've already said that I don't really think much of the overall protest, but the video evidence doesn't suggest that those who were pepper sprayed were involved in any such "tumultuous conduct."  Later Kelly said that the group was "disorderly" and "intent on blocking traffic," and that could justify the use of pepper spray.  That seems like a huge stretch.  Again, the individuals who were sprayed appear to have been chosen at random.
<br /><br />
The NYPD Deputy Inspector Roy Richter, who is basically Bologna's "union representative" is defending Bologna's actions thusly:
<blockquote><i>
&ldquo;Deputy Inspector Bologna's actions that day were motivated by his concern for the safety of officers under his command and the safety of the public. The limited use of pepper spray effectively restored order without any escalation of force or serious injury to either demonstrator or police officer.&rdquo;
</i></blockquote>
Someone else at the police department had another cover story:
<blockquote><i>
A law enforcement official familiar with Inspector Bologna&rsquo;s account of what occurred, however, said he was not aiming at the four women who appeared in videos to have sustained the brunt of the spray. Rather, he was trying to spray some men who he believed were pushing up against officers and causing a confrontation that put officers at risk of injury, the official said.
<br /><br />
"The intention was to place them under arrest, but they fled," the official said.
</i></blockquote>
Given how many videos of the scene and surrounding areas have been shown, it's amazing anyone can claim that with a straight face.  There was no indication of these "others."  There was no indication of any attempt to arrest others near the women.  If Bologna was aiming at these mythical men, he's a terrible shot, because he hit those women he wasn't aiming for point blank.
<br /><br />
In the meantime, the folks at <a href="http://www.uslaw.com/us_law_blawgs.php?action=page&#038;page=occupywallstreet" target="_blank">USLaw.com</a> remind us that Bologna wasn't the only police officer using random "escalation" techniques.  They point out this video of an NYPD officer <a href="http://www.youtube.com/watch?v=FymfGq_3Adg&#038;feature=youtu.be" target="_blank">purposely tripping a protester</a> who already appeared to be in the control of multiple officers.  Of course, the act of tripping the guy makes it look like he's trying to resist arrest.
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/FymfGq_3Adg" frameborder="0" allowfullscreen></iframe>
</center>
Of course, once again, all of this is caught on video.  It really makes you wonder if all of this kind of video evidence is finally going to lead police to recognize that they actually have to behave and follow the law themselves.<br /><br /><a href="http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-admit-he-screwed-up</slash:department>
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<pubDate>Thu, 29 Sep 2011 09:37:44 PDT</pubDate>
<title>Does The NYPD Really Think That Shooting Photos/Videos Of Protests Is 'Disorderly Conduct?'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110928/12470016125/does-nypd-really-think-that-shooting-photosvideos-protests-is-disorderly-conduct.shtml</link>
<guid>http://www.techdirt.com/articles/20110928/12470016125/does-nypd-really-think-that-shooting-photosvideos-protests-is-disorderly-conduct.shtml</guid>
<description><![CDATA[ The mess in NYC with the way the NYPD are handling the whole "Occupy Wall Street" situation continues.  We've already covered the story of the police <a href="http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml">falsely claiming</a> that video evidence of an incident where an officer (Deputy Inspector Anthony Bologna) pepper sprayed women did not show the full story.  In those posts, we highlighted the importance of photographic and video evidence from people around the incident, and noted how important the right to film police is for a functioning democracy.  Now there's increasing evidence that the NYPD <a href="http://www.thirteen.org/metrofocus/news/2011/09/observations-of-a-jailed-journalist/" target="_blank">targeted people reporting on, videotaping or filming the police</a>, in making a bunch of arrests.  
<br /><br />
Reporter John Farley, working for WNET MetroFocus -- which is part of New York's PBS station -- wrote the story after being arrested himself, on "disorderly conduct" charges.  What was his disorderly conduct?  Apparently it was attempting to interview some of those women who were pepper sprayed by Bologna.  He properly identified himself to the police as a reporter, but they did not care.  He was still arrested and spent nine hours in custody.  While some of the others in custody with him were, in fact, protestors, some were merely bystanders trying to record what was going on.  He notes two such stories.  The first is of a guy who was working at a cafe right by the pepper spray incident:
<blockquote><i>
The arrest of my cell mate, Sam Queary, 24, adds another dimension to the issue: that of the inadvertent, spontaneous citizen journalist. Queary happened to be at work at Grey Dog Cafe near Union Square when the protesters marched by.
<br /><br />
&ldquo;I heard a commotion and went outside to find cops macing women and arresting people and hitting people with nightsticks, so I started taking pictures,&rdquo; said Queary. &ldquo;I followed a young, black male as he was being accosted by five cops. As I tried to take a picture I was pushed away. I asked why I was pushed away and then the next thing you know I was being judo flipped.&rdquo;
</i></blockquote>
The second involved a woman who just pulled out her camera phone as events were unfolding in front of her, and had nothing whatsoever to do with the protest:
<blockquote><i>
I also met Rosa A., 33, in the police van while we were being transported to the 1st Precinct for processing. She had been shopping at the Barnes and Noble on Union Square when she saw the protesters outside. As many New Yorkers do when they see something unusual, she snapped a picture. And she was arrested.
<br /><br />
&ldquo;I&rsquo;ve never been arrested,&rdquo; said Rosa A., in visible pain from the plastic handcuffs. &ldquo;I was just there looking at magazines.&rdquo; She laughed, lightening the mood in the police van. Even our arresting officer, in the van with us, chuckled.
</i></blockquote>
While an NYPD spokesperson has been <a href="http://abcnews.go.com/blogs/headlines/2011/09/occupy-wall-street-movement-reports-80-arrested-today-in-protests/" target="_blank">telling the press</a> that police did not target those with cameras, it's hard to understand any other reason for those three people being arrested and charged.   Besides, given the fact that NYPD spokespeople talking about this incident have already had their credibility destroyed by the video evidence, it's tough to take those claims seriously.  Even if the police weren't officially targeting people with cameras, as Farley noted, they didn't seem to make any attempt to distinguish protesters from bystanders or press:
<blockquote><i>
I don&rsquo;t know precisely why I was arrested, though I have been charged with disorderly conduct. But what I realized is that in a sudden burst of urban chaos, how can the police distinguish between passersby and protesters who may be committing civil disobedience or any other type of punishable offense? Or between citizen journalists and professional journalists?
</i></blockquote>
In the past, we've seen police use "disorderly conduct" charges against those who film them.  It's a nice catch-all that police can use to arrest almost anyone.  Perhaps we should be looking to fix the law that allows arrests on "disorderly conduct" when such a law seems to be regularly abused by police to target those who are respecting the law, but doing things the police just don't like?<br /><br /><a href="http://www.techdirt.com/articles/20110928/12470016125/does-nypd-really-think-that-shooting-photosvideos-protests-is-disorderly-conduct.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110928/12470016125/does-nypd-really-think-that-shooting-photosvideos-protests-is-disorderly-conduct.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110928/12470016125/does-nypd-really-think-that-shooting-photosvideos-protests-is-disorderly-conduct.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>censorship-at-its-finest</slash:department>
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<pubDate>Tue, 27 Sep 2011 11:14:58 PDT</pubDate>
<title>Can The NYPD Back Up Its Claim Of A Confrontation That Required Pepper Spray, Despite More Video Evidence?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml</link>
<guid>http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml</guid>
<description><![CDATA[ Yesterday we wrote about the NYPD claiming that the video evidence of a police officer, now identified as Deputy Inspector Anthony Bologna, pepper spraying a group of women shows that it was <a href="http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml">done appropriately</a>.  The specific claim from NYPD spokesperson Paul Browne was that "Pepper spray was used once after individuals confronted officers and tried to prevent them from deploying a mesh barrier -- something that was edited out or otherwise not captured in the video."
<br /><br />
The problem, of course, is that the video evidence suggests no such thing, and with more videos taken by other people at the same time and place indicating <a href="http://www.uslaw.com/occupywallstreet#response1" target="_blank">no such editing or confrontation</a>, it's increasingly clear that the NYPD's Paul Browne lied to the press, and falsely accused folks of editing out a confrontation that does not appear to have happened.
<br /><br />
The US Law blog, which has been at the forefront of covering this particular story, has linked to <a href="http://www.youtube.com/watch?v=AD5z4x5tH1o" target="_blank">another video</a> at the same place (at about 5:45 in the video).  While the person taking the video is turned away from the pepper spray at the moment it happens, you can see as she walks through the women just before it happens (in fact, you can see this same person in the original video passing right behind the pepper sprayed women, seconds before it happens).  
<br /><br />
Add to that <a href="http://www.youtube.com/watch?v=Pf6m_w7K8XM#t=1m10s" target="_blank"><i>another</i> video</a> that actually pulls together two perspectives of the incident, which you can see below:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/Pf6m_w7K8XM" frameborder="0" allowfullscreen></iframe>
</center>
<br /><br />
And, finally, we have a <a href="http://www.youtube.com/watch?v=4jJyUCK0OhE">4th view of the events</a> surrounding the incident, immediately prior to the pepper spraying.  From these multiple videos at multiple angles, two things are abundantly clear: contrary to the claims of the NYPD, nothing was edited out of the first video and while there was lots of screaming, the women who were sprayed do not appear to have "confronted the officers and tried to prevent them from deploying a mesh barrier" at all.  Some others may have done so, but not the women being sprayed.  Instead, as originally alleged, it appears that the spraying was entirely arbitrary.
<br /><br />
Furthermore, as pointed out on the US Law Blog link above:
<blockquote><i>
Having approached the immediate area from some distance away, it is difficult to understand how the Deputy Inspector could have had any instant awareness of what, if any, confrontation may have been happening at that time and place. The officer does not appear to take adequate time to assess whether the handfull of people in the immediate vicintiy were obeying police orders. In fact, his approach with outstretched arm and the surprised reaction of the blue shirted officers suggest he may have made the decision to release pepper spray in advance of his arrival at the immediate location of it's deployment. 
</i></blockquote>
Furthermore, they note that the NYPD rules say that pepper spray may be used if "it is necessary to effect an arrest of a resisting suspect."  And yet, after pepper spraying the women, no arrests were made (some of the people sprayed were arrested later, at different locations for different reasons).  It appears that even if there was a confrontation, which there does not appear to be, involving these women, the use of pepper spray was inappropriate.
<br /><br />
Once again, what fascinates me about all of this is all of this video evidence, and the value in showing that the "official story" from the police is almost certainly false.  I'm curious as to how long the NYPD will keep up the charade of pretending its version is accurate.<br /><br /><a href="http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110927/09480916110/can-nypd-back-up-its-claim-confrontation-that-required-pepper-spray-despite-more-video-evidence.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>keep-the-videos-running</slash:department>
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<pubDate>Mon, 26 Sep 2011 08:07:30 PDT</pubDate>
<title>Who Do You Believe? NYPD? Or Video Evidence Concerning Cop Pepper Spraying Women?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml</link>
<guid>http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml</guid>
<description><![CDATA[ Before I get into the details of this post, I will say that I don't quite get the purpose of the whole "Occupy Wall Street" protests.  I mean, I guess that they're supposed to be some sort of American version of the Arab Spring protests or the riots in London, but, honestly -- like many of these things in the US -- they strike me as people protesting for the sake of protesting.  I just don't quite see the point.  The folks in the Middle East had real problems with their government.  Protesting against a "financial system"?  What does that do?
<br /><br />
That said, since we've been writing so much about law enforcement and videotaping their actions, one story coming out of the ongoing protests is worth looking at in more detail.  On Saturday, there were a bunch of arrests, but the story getting a lot of attention was the decision by one officer (according to <a href="http://davidscameracraft.blogspot.com/2011/09/occupy-wall-street-march-violence.html" target="_blank">this blog, his badge says "Bologna"</a>) to <a href="http://www.theatlantic.com/national/archive/2011/09/an-important-video-to-watch-pepper-spray-by-a-cruel-and-cowardly-nyc-cop/245629/" target="_blank">walk up to a group of protesting women and spray their eyes, point blank, with pepper spray</a>.  You can see the <a href="http://www.youtube.com/watch?v=TZ05rWx1pig&feature=player_embedded#at=74" target="_blank">slow motion video</a>, which highlights the officer's actions:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/TZ05rWx1pig" frameborder="0" allowfullscreen></iframe>
</center>
From that video, it seems pretty clear that the guy just walks up to a group of the protesters, sprays them, and walks away.  So here's where it gets more interesting.  The NY Police Department have insisted to the NY Times that <a href="http://www.nytimes.com/2011/09/26/nyregion/videos-show-police-using-pepper-spray-at-protest.html" target="_blank">the pepper spraying was appropriate</a>, even as they admit they only use pepper spray in extraordinary circumstances:
<blockquote><i>
The Police Department&rsquo;s chief spokesman, Paul J. Browne, said the police had used the pepper spray &ldquo;appropriately.&rdquo;
<br /><br />
&ldquo;Pepper spray was used once,&rdquo; he added, &ldquo;after individuals confronted officers and tried to prevent them from deploying a mesh barrier &mdash; something that was edited out or otherwise not captured in the video.&rdquo; 
</i></blockquote>
Of course, accounts in that same article from one of the women who was sprayed (who wasn't arrested) suggests a different story.  While admitting there were some "rough" people there, she says that she and the folks around her had done nothing to cause the police to single them out with pepper spray.  Furthermore, the folks at USLaw.com have <a href="http://www.uslaw.com/us_law_blawgs.php?action=page&page=occupywallstreet" target="_blank">more information</a> including an <a href="http://www.youtube.com/watch?v=nMoKsZp5iao&feature=player_embedded" target="_blank">additional video</a> taken <i>by one of the pepper-sprayed women</i>.  While right as the pepper spraying happens the camera is facing away from the action, and there was a lot of screaming and activity a bit earlier, it's hard to see how anything anyone did in that area provoked the sudden spraying:
<center>
<iframe width="480" height="360" src="http://www.youtube.com/embed/nMoKsZp5iao" frameborder="0" allowfullscreen></iframe>
</center>
On the YouTube page for that video, the woman states that, for the most part, she <i>supports the police force</i> and believes they're good and honorable people.  Right before she was sprayed in the video, she appears to be asking police politely where they want her to go.
<br /><br />
Yes, this was a chaotic situation with lots of people yelling and lots of movement.  But the evidence from the two videos (and two of the women sprayed) certainly suggests that the police spokesperson is lying in saying that the use here was "appropriate."  I find this interesting not because of anything to do with the protest itself, but because of the way the ability to record and upload videos like this is really able to impact and change the debate.  In the past, it would have been the police's word against the protesters, and lots of people would have simply believed the police.  But, as chaotic as the situation may be, law enforcement around the world is going to have to learn that they can't hide behind false claims of acting appropriately if they didn't, in fact, act appropriately.<br /><br /><a href="http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110925/22081916084/who-do-you-believe-nypd-video-evidence-concerning-cop-pepper-spraying-women.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>why-videotaping-police-is-important</slash:department>
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<pubDate>Wed, 13 Jan 2010 09:23:29 PST</pubDate>
<title>NY Police Destroy Counterfeit Clothes Rather Than Giving Them To The Homeless</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100113/0748147727.shtml</link>
<guid>http://www.techdirt.com/articles/20100113/0748147727.shtml</guid>
<description><![CDATA[ Last week there was a big controversy over the fact that some stores in NY were caught <a href="http://www.nytimes.com/2010/01/07/nyregion/07clothes.html" target="_blank">destroying unsold garments</a> rather than donating them to charities.  After people got upset, the main store in question, H&#038;M promised that this wouldn't happen again.  This week we've got a related, but somewhat different story, as the NY Police have admitted to <a href="http://www.nytimes.com/2010/01/13/nyregion/13about.html?hp" target="_blank">shredding and burning the counterfeit clothes they've confiscated</a>, rather than giving them to the homeless, as had always been done in the past.  When asked to explain why, the police claimed "no one asked" for the confiscated clothing -- but many charities insist they had, in fact, made many requests for the clothing.  Apparently, the destruction is being felt at clothing banks, who say they have many fewer clothes on hand this year than in the past.  
<br /><br />
Not surprisingly, a lawyer representing various clothing designers was quite happy with the news, saying that they don't want those clothes "back on the street," which suggests that the designers may have pushed for the police to destroy the clothes rather than help the needy.  Of course, it's worth pointing out -- yet again -- the recent study that showed most people <a href="http://www.techdirt.com/articles/20091202/1503337167.shtml">are not fooled by counterfeits</a>, and they rarely represent a "lost sale."  In fact, many counterfeit purchases lead to real purchases later on.  So the idea that they act as a "substitute" or somehow "harm" a brand is not actually borne out by the research.  And, of course, some companies have learned that there are ways to <a href="http://www.techdirt.com/article.php?sid=20090921%2F0413036268&#038;threaded=true&#038;sp=1">embrace counterfeiting</a> to their own advantage, as a form of price differentiation.<br /><br /><a href="http://www.techdirt.com/articles/20100113/0748147727.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100113/0748147727.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100113/0748147727.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>can't-let-that-destroy-the-brand</slash:department>
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<pubDate>Fri, 14 Nov 2008 09:11:00 PST</pubDate>
<title>Is It A Free Speech Violation To Deny Press Credentials To Bloggers?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081113/1552202830.shtml</link>
<guid>http://www.techdirt.com/articles/20081113/1552202830.shtml</guid>
<description><![CDATA[ Well, here's a case that may interest various bloggers who like to get press credentials to various events.  Three "alternative" journalists in New York City are <a href="http://cityroom.blogs.nytimes.com/2008/11/12/nypd-is-sued-over-denial-of-press-credentials/" target="_new">suing the NY Police Department for denying them press credentials</a>, because they work for online or nontraditional publications.  To be honest, it's difficult to see this lawsuit going very far.  If a court finds that the NYPD is somehow <i>required</i> to give any alternative journalist press credentials, then it basically means that anyone can get press credentials (as, these days, anyone can become part of the press with a fews clicks) -- and makes the whole concept of press credentials meaningless.  Of course, there are some who might say that's not a bad idea.  But, on the whole, it seems like the NYPD (and anyone else) should be free to give out press credentials to whoever they want.  It's not denying anyone's ability to <i>report</i> on things -- it's just determining what kind of access they have.  The freedom of the press is about the freedom to report and publish -- not the freedom to go wherever they want and access whoever they want.<br /><br /><a href="http://www.techdirt.com/articles/20081113/1552202830.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081113/1552202830.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081113/1552202830.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>seems-unlikely</slash:department>
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<pubDate>Fri, 12 Sep 2008 07:16:00 PDT</pubDate>
<title>Does The Public Have A Right To Know Where Surveillance Cameras Are Located?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080911/1848552245.shtml</link>
<guid>http://www.techdirt.com/articles/20080911/1848552245.shtml</guid>
<description><![CDATA[ These days, people are beginning to recognize that surveillance cameras can be found <a href="http://www.techdirt.com/articles/20030501/0923225.shtml">all over</a> -- especially in major cities.  There have even been semi-mocking "tours" held by civil liberties supporters who will walk around a city and point out all the surveillance cameras there are.  But there is an open question: are cities that install such cameras required to tell people where they are?  The NY Civil Liberties Union is now <a href="http://blog.wired.com/defense/2008/09/nyclu-sues-nypd.html" target="_new">suing the NY Police Department for not revealing where it's installing surveillance cameras</a>, claiming that the public has a right to know this kind of information.  Of course, the whole thing is a bit odd, as one of the major points of these surveillance cameras is deterring crime -- and what better way to deter crime than to let people know they're being watched.  As the article notes, it sounds like the NYPD may be holding back this info just because it doesn't like the NYCLU.  Alternatively, there's some thought that the info on the cameras will show that they're not particularly effective.
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And, of course, even if people know where the official surveillance cameras are located, it might not matter, since New York City's Mayor Bloomberg has actively <a href="http://www.techdirt.com/articles/20070118/183551.shtml">encouraged</a> NYC citizens to be their own security cameras -- videotaping and photographing anything suspicious and sending it to officials.  One would assume that the NYPD wouldn't be able to publish where every person with a camera is located as well.<br /><br /><a href="http://www.techdirt.com/articles/20080911/1848552245.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080911/1848552245.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080911/1848552245.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>rights-and-privacy</slash:department>
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