Loss of Privacy

Keeping you informed on recent losses to privacy and civil rights worldwide.

Browsing Posts tagged Privacy

A new Youtube account is pushing local police agencies to reconsider their use of body-mounted cameras.

Despite considering officer accountability a top priority, police say records requests from that new website may make the programs too expensive and too invasive.

“We had a great experience,” said Bremerton Police Chief Steve Strachan. “The video that we had was very very good and we would like to go full steam ahead.”

But last month reality hit, in the form of a new YouTube user website, set up by someone under the name, “Police Video Requests.” The profile says it posts dash and body cam videos received after public records requests to Washington state police departments. There are just a couple of police videos there posted within the past week.

In September, “Police Video Requests” anonymously asked Poulsbo PD for every second of body cam video it has ever recorded. The department figures it will take three years to fill that request. And Chief Townsend believes it is a huge privacy concern, as officers often see people on their worst days.

“People with mental illness, people in domestic violence situations; do we really want to have to put that video out on YouTube for people? I think that’s pushing it a little bit,” he said.

Now the city of Poulsbo says it may have to suspend or even end its police body cam program. Bremerton PD is, at least temporarily, shelving its plans to start up its own body cam program because of the blanket requests received by Poulsbo and other agencies in the state.

Both departments say they have no problem with legitimate video requests from either the media or people with police complaints. But they don’t want someone making money by posting police videos that could be an invasion of privacy.

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law-justice

A new ruling states that criminal defendants can be compelled to give up their fingerprints, but not a pass code in allowing police to search a cellphone. The issue arose during the case of David Baust, who was charged with trying to strangle his girlfriend.

Prosecutors had said video equipment in Baust’s bedroom may have recorded the couple’s fight and, if so, the video could be on his cellphone. They wanted a judge to force Baust to unlock his phone, but Baust’s attorney, James Broccoletti, argued pass codes are protected by the Fifth Amendment, which prohibits forced self-incrimination.

Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci’s written opinion.

According to Judge Steven C. Fucci, while a criminal defendant can’t be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint.

With this power, the police can search a cellphone. What one person may think is innocent, the police might find cause for concern. That cute photograph of your child taking a bath could be construed as child pornography. A judge may later see it as the innocent picture it was meant to be, but you have now been fingerprinted, photographed and jailed. You’re innocent, but you may have already lost your job, reputation, family and friends.

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FBI director James Comey has made encryption a key issue of his tenure. He continued his push against encryption today.

Don’t forget to think of the children!

Governance Studies at Brookings will host FBI Director James Comey for a discussion of the impact of technology on the work of law enforcement. Law enforcement officials worry that the explosion in the volume and the means by which we all communicate threatens its access to the evidence it needs to investigate and prosecute crime and to prevent acts of terrorism.

In particular, officials worry that the emergence of default encryption settings and encrypted devices and networks – designed to increase security and privacy – may leave law enforcement in the dark. Director Comey will talk about the need for better cooperation between the private sector and law enforcement agencies. He will also discuss potential solutions to the challenge of “going dark,” as well as the FBI’s dedication to protecting public safety while safeguarding privacy and promoting network security and innovation.

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Presented in partnership with the National Constitution Center.

Some say that mass collection of U.S. phone records is a gross invasion of privacy. Others say that it is necessary to keep us safe. But what does the U.S Constitution say?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Is collection of phone records a “search” or “seizure”?

If so, is it “unreasonable”? Does it require a particularized warrant and probable cause? These are among the most consequential-and controversial-constitutional questions of our time.

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Glenn Greenwald was one of the first reporters to see — and write about — the Edward Snowden files, with their revelations about the United States’ extensive surveillance of private citizens. In this searing talk, Greenwald makes the case for why you need to care about privacy, even if you’re “not doing anything you need to hide.”

Transcript.

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