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posted by martyb on Tuesday July 19 2016, @07:45PM   Printer-friendly
from the skewing-justice dept.

Fiona Tang writes in ACLU FOIA Seeks Information About How Government Launders Evidence:

Today the ACLU [American Civil Liberties Union] filed a Freedom of Information Act (FOIA) request seeking records related to "parallel construction," the government's practice of falsifying a trail of evidence in order to conceal controversial investigative techniques from the courts and the public.

Under parallel construction, instead of disclosing how its investigation actually took place, the government presents a sanitized version of events. The practice allows the government to evade legal challenges to the use of such techniques, and also to keep the very existence of such techniques a secret. Recent news reports have shown that parallel construction might be far more common than we'd like to think, so we've asked the government to provide any records it has documenting the practice.

... parallel construction has been used to cover up some of the most notorious surveillance techniques in the past decade. It initially captured the public's attention in August 2013, when Reuters published an article scrutinizing the elusive Drug Enforcement Administration Special Operations Division's use of the practice. Parallel construction received renewed attention this past May, when a non-disclosure agreement between the FBI and the Oklahoma City Police Department was released through a state records request. The non-disclosure agreement governs the use of cell site simulators—colloquially known as "stingrays"—and requires that the Oklahoma City Police Department use the technology for "lead purposes only," further explaining that the agency must "use additional and independent investigative means and methods . . . that would be admissible at trial" in lieu of disclosing to the defendant the fact that a stingray device was used.


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  • (Score: 5, Insightful) by Zz9zZ on Tuesday July 19 2016, @08:28PM

    by Zz9zZ (1348) on Tuesday July 19 2016, @08:28PM (#376847)

    This is why I have some hope for this country, it was founded from the beginning on freedom (no matter how hypocritical) and those ideals are taught and cherished. So far the extreme instances of dictatorship (ww2 internment, commie hunt, etc) have had very limited lifetimes. Groups like the ACLU are like the canary in the mine, once something happens to them we will know our country is taking a big step sideways on to a new track...

    --
    ~Tilting at windmills~
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  • (Score: 2, Informative) by Anonymous Coward on Tuesday July 19 2016, @08:34PM

    by Anonymous Coward on Tuesday July 19 2016, @08:34PM (#376849)

    Limited lifetime? When will the War on Drugs end? Oh prophet, tell us the end date of the War on Terror next?

    • (Score: 1, Touché) by Anonymous Coward on Tuesday July 19 2016, @09:23PM

      by Anonymous Coward on Tuesday July 19 2016, @09:23PM (#376867)

      When will the War on Drugs end?

      When you pry my bong from my cold, Cheetos encrusted fingers.

  • (Score: 1, Insightful) by Anonymous Coward on Tuesday July 19 2016, @09:11PM

    by Anonymous Coward on Tuesday July 19 2016, @09:11PM (#376861)

    My own take was that the country always had good PR about liberty and did an awfully good job at brainwashing the populace that it was true, but after you see it in action for a few decades, you realize the claims fall short of the reality.

    To be clear, parallel construction has had a LONG history, but recently has been codified which where the hand-wringing comes in.

    Good on the ACLU, but the main point -that law enforcement shouldn't be doing these things- gets lost in the admissibility of evidence arguments instead of charging police with criminal conduct, full stop.

    • (Score: 3, Insightful) by bob_super on Tuesday July 19 2016, @09:21PM

      by bob_super (1357) on Tuesday July 19 2016, @09:21PM (#376866)

      > the country always had good PR about liberty and did an awfully good job at brainwashing the populace that it was true

      After all those years, I still can't stand watching kids say the Pledge every morning, and I feel uneasy about the bloody Song and insane number of Flags showing up everywhere.
      Gotta be from growing up surrounded by people who had lots of experience of how the 30s turned into the 40s...

      • (Score: -1, Offtopic) by Anonymous Coward on Tuesday July 19 2016, @09:35PM

        by Anonymous Coward on Tuesday July 19 2016, @09:35PM (#376877)

        I hate every flag I see
        I want to burn every one to the ground
        But I hate censorship even more
        And they have free speech just like me

    • (Score: 2) by Zz9zZ on Thursday July 21 2016, @02:56AM

      by Zz9zZ (1348) on Thursday July 21 2016, @02:56AM (#377703)

      Oh for sure, there are plenty of screwed up things that go on. Still, there is a huge difference between shady dealings and open dictatorship. Erdogan's recent actions are a move towards dictatorship, as long as such dealings are hidden then it is the standard corruption that all countries face and must be rooted out individually. Once they are done openly, that is when you know the country has lost its way.

      We have taken some open steps towards a dark path, TSA and Gitmo being the most visible. However the population has only been angered by these things and resents the restrictions on their freedoms. The experiment of dictatorship seems to be failing in the US, but I'm just a lowly peon so my opinion isn't worth much.

      --
      ~Tilting at windmills~
  • (Score: 1, Informative) by Anonymous Coward on Tuesday July 19 2016, @09:12PM

    by Anonymous Coward on Tuesday July 19 2016, @09:12PM (#376862)

    Happens at all levels of government, for example, the cops tried to hide the evidence in this crash,
          http://www.buffalonews.com/apps/pbcs.dll/article?avis=BN&date=20160715&category=CITYANDREGION&lopenr=160719447&Ref=AR&profile=1024&template=printart [buffalonews.com]
    There was video showing no lights on the cop car as it ran a stop sign and hit an innocent driver. The cop testified he had lights on and the police hid the tape. After much legal wrangling, the cops finally fessed up, released the tape and settled the case.

    • (Score: 0) by Anonymous Coward on Wednesday July 20 2016, @01:00AM

      by Anonymous Coward on Wednesday July 20 2016, @01:00AM (#376935)

      And how many cops were fired? Held in contempt? Imprisoned for Fraud, or Lying under Oath?

      The best you can say about the police is "All animals are created equal and some are created more equal". Worse "Occupying Force" or "the Thin Blue Line Gang".

      If the police wants are respect again, instead of being one side of War on "We the People". They need to act the same as they treat us. If you or I shot some, then we are arrested and tried. The police, it seams more like a "paid vacation" paid by us, until some says "It was justified, he was scared. Oh, it gave him PSDT, retire and full pension", again paid by us.

      The different between a "Terrorist" and "Tyrannical Government"... The "Tyrannical Government" calls all against their rule a "Terrorist". Remember history is written by the winner.