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posted by martyb on Tuesday May 06 2014, @03:55PM   Printer-friendly
from the you-can-access-the-emails-we-want-you-to-see dept.

In 2008, two of Sarah Palin's personal Yahoo email accounts were hacked, revealing the existence of correspondence with other government officials like Alaska's Lieutenant Governor and even California Governor Arnold Schwarzenegger outside any sunshine record-keeping requirements of the state government. Palin was eventually cleared of any wrong-doing with the account, despite the account being deleted before the investigation even started.

In what feels like the discovery of another tip of the same iceberg, ProPublica has a report about the Cuomo administration's adoption of similar tactics in New York.

 
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  • (Score: 5, Informative) by SuddenOutbreak on Tuesday May 06 2014, @03:59PM

    by SuddenOutbreak (3961) on Tuesday May 06 2014, @03:59PM (#40201)

    Police also routinely communicate with each other over personal cell phone rather than with their radios. Even though many of the police radio systems are now encrypted, these sidebar conversations are also not recorded by the police station.

    The only way we usually find out how thoroughly these outside channels are used is when someone references them INSIDE the regular/FOIA-able channels. Witness the NJ Bridge Closing debacle.

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  • (Score: 3) by davester666 on Tuesday May 06 2014, @04:37PM

    by davester666 (155) on Tuesday May 06 2014, @04:37PM (#40215)

    Easy solution. Subpoena the logs from the NSA.

    • (Score: 3, Funny) by bob_super on Tuesday May 06 2014, @04:52PM

      by bob_super (1357) on Tuesday May 06 2014, @04:52PM (#40223)

      "We would, but it's only metadata, there is no valuable information"

    • (Score: 2) by etherscythe on Tuesday May 06 2014, @07:15PM

      by etherscythe (937) on Tuesday May 06 2014, @07:15PM (#40283) Journal

      Easy? Hah! One could as well simply say "only hire people to the police force that will never do anything untoward or unethical". Sure, it's easy to say, but the odds of success are rather lower than you suggest.

      --
      "Fake News: anything reported outside of my own personally chosen echo chamber"
  • (Score: 1) by tftp on Tuesday May 06 2014, @06:06PM

    by tftp (806) on Tuesday May 06 2014, @06:06PM (#40250) Homepage

    Police also routinely communicate with each other in person. Should they be fitted with personal audio and video recorders? Otherwise banning cell phones won't be effective.

    Police officers use phones in several situations. First, their radios may not work well within buildings, but the cellular signal may be strong enough because towers are everywhere. Second, the radio channel is simplex, and there are only few of those channels. Direct conversations on a shared channel are not welcome; they have to be approved by the dispatcher (the control.) Also, lengthy discussions of specifics of a certain case are of no interest to other officers.

    As pretty much every tool in existence, cell phones can be used for good and for bad. A technological measure will not solve a social problem. If you want the LEOs to not plot an illegal act outside of the range of monitoring systems, you have to find better LEOs. Nothing less will do.

    • (Score: 3, Insightful) by Angry Jesus on Tuesday May 06 2014, @06:27PM

      by Angry Jesus (182) on Tuesday May 06 2014, @06:27PM (#40264)

      > Police also routinely communicate with each other in person. Should they be fitted with
      > personal audio and video recorders? Otherwise banning cell phones won't be effective.

      The perfect is the enemy of the good.

    • (Score: 2) by frojack on Tuesday May 06 2014, @06:43PM

      by frojack (1554) on Tuesday May 06 2014, @06:43PM (#40270) Journal

      Second, the radio channel is simplex, and there are only few of those channels.

      Its not 1958 any more.

      http://en.wikipedia.org/wiki/Trunked_radio_system [wikipedia.org]
      http://wiki.radioreference.com/index.php/Trunking [radioreference.com]

      --
      No, you are mistaken. I've always had this sig.
    • (Score: 4, Interesting) by HiThere on Tuesday May 06 2014, @07:22PM

      by HiThere (866) Subscriber Badge on Tuesday May 06 2014, @07:22PM (#40289) Journal

      Not a bad idea. The police have so often proved liars and corrupt, that I feel all their time while on the job should be recorded with recorders that they have no access to or control over...but which can be subpoenaed for court records. So, yes, they can use cell phones...but what they say will be recorded by official records.

      --
      Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
    • (Score: 2) by Thexalon on Tuesday May 06 2014, @10:01PM

      by Thexalon (636) on Tuesday May 06 2014, @10:01PM (#40358)

      Should they be fitted with personal audio and video recorders?

      Absolutely, and some departments have done exactly that: Among other things, brutality complaints drop dramatically among the officers who were fitted with personal cameras, and those complaints that do come up are much easier to resolve.

      --
      The only thing that stops a bad guy with a compiler is a good guy with a compiler.
    • (Score: 1) by gman003 on Tuesday May 06 2014, @10:27PM

      by gman003 (4155) on Tuesday May 06 2014, @10:27PM (#40367)

      Yeah, sounds good to me. Stick a camera and microphone on every cop - if it goes off while they are on duty, and they do not immediately remedy it, they're fired. And if they performed any "police work" with it off, they're charged with malfeasance. To make sure records are not "misplaced", the recordings should be broadcast online as soon as their duty shift ends (I'm sure the ACLU, among numerous others, will make their own copies based on that).

      And hey, don't they tell us that more security cameras makes us safer?

      • (Score: 2, Insightful) by tftp on Tuesday May 06 2014, @10:50PM

        by tftp (806) on Tuesday May 06 2014, @10:50PM (#40372) Homepage

        On one hand, this is a good application for Google Glass. On the other hand, LEO are dealing with personal information all the time - license plates, addresses, names, restraining orders, convictions, court dates... and some of that information belongs to 3rd parties who are not involved. A Reporting Party could be a neighbor, for example; and that neighbor doesn't want to broadcast to the whole world that it was she who called police. This information should be protected.

        This means that if each LEO is monitored, those records cannot be streamed over the Internet in real time. They can be only available as evidence, or in a similar legal way. They will be available to lawyers, victims, and courts, but not to a bored stranger who wants to watch an IRL crime drama.

        This personal information is transmitted over the air these days. Some channels are mere NBFM, other are P.25 (not encrypted around here.) They require a certain hardware to intercept, and that hardware costs some significant money. A bored stranger has to do some reading, and then some spending, before he has a working scanner. It's not a high barrier, but it helps protect against many unprepared observers. Though these days some scanners are streaming over the Internet, so all you need to have is a smartphone.

    • (Score: 2) by sjames on Wednesday May 07 2014, @01:28AM

      by sjames (2882) on Wednesday May 07 2014, @01:28AM (#40394) Journal

      Upgrade the radios or issue cellphones for police business. Nothing about the job should be off the record, especially not with the amount of reasonable suspicion that's floating out there.

      • (Score: 1) by tftp on Wednesday May 07 2014, @01:40AM

        by tftp (806) on Wednesday May 07 2014, @01:40AM (#40396) Homepage

        The police (in this area, at least) are using department-issued cell phones. About every other officer has it. They need them to call people - many 911 calls are resolved over the phone; in other cases the officer needs to know where to meet with the victim, etc. Some cases are purely about filing a paperwork, such as if one loses their passport.

        However cell phones do not provide recording of conversations. Recording that is suitable as evidence should be done properly and reliably, not with a Walkman that is duct-taped to the phone. Perhaps NSA can do it, since they record everything else already...

        • (Score: 2) by sjames on Wednesday May 07 2014, @02:39AM

          by sjames (2882) on Wednesday May 07 2014, @02:39AM (#40404) Journal

          Treat it as a wiretap order. Easy enough since there isn't a 4th amendment issue involved in a govt issued phone for official use only.

  • (Score: 2) by frojack on Tuesday May 06 2014, @06:37PM

    by frojack (1554) on Tuesday May 06 2014, @06:37PM (#40269) Journal

    Police also routinely communicate with each other over personal cell phone rather than with their radios.

    So what?

    Police communications are specifically exempted [rcfp.org] from public records laws in most states.

    Official actions, such as arrests, citations, detentions, etc. are open, but communications between officers and even between departments are always exempted via disclosure would endanger the successful
    completion of an investigation, or endanger witnesses or endanger officers
    exceptions. Check the link for state by state details.

    Investigation documents are almost always exempt, even after the case is closed. Just revealing the names of someone who talked to the police could get that person killed.

    --
    No, you are mistaken. I've always had this sig.
    • (Score: 2) by HiThere on Tuesday May 06 2014, @07:25PM

      by HiThere (866) Subscriber Badge on Tuesday May 06 2014, @07:25PM (#40291) Journal

      While your point is valid, it doesn't mean that those records should not be made, and that they should not be possible to be subpoenaed for court records. Redaction should be at the discretion of the judge. The fact that the laws are as you state is one reason there's so much corruption...and they were probably written that way to facilitate corruption already in place.

      --
      Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
      • (Score: 2) by frojack on Tuesday May 06 2014, @08:47PM

        by frojack (1554) on Tuesday May 06 2014, @08:47PM (#40332) Journal

        You assume that the conversation was about official business, rather than the weekend fishing trip, and therefore you expect every police officer's phone calls to be recorded and available for any sympathetic judge to release.

        Would YOU work under such conditions?

        --
        No, you are mistaken. I've always had this sig.
        • (Score: 0) by Anonymous Coward on Wednesday May 07 2014, @07:09AM

          by Anonymous Coward on Wednesday May 07 2014, @07:09AM (#40437)

          Nobody is forcing them to be policemen. Just saying.