Tana Ganeva

Is all that NYPD surveillance legal?

OWS is awash with police cameras. We look at the laws that govern the city's right to film peaceful protests

A New York Police Department guard tower looms over the Occupy Wall Street protest encampment at Zuccotti Park in New York (Credit: Kathy Willens/AP)
This article originally appeared on AlterNet.

On October 15, the day OWS solidarity protests broke out as far away as Australia and Japan, and thousands of people poured into Times Square, a line of NYPD TARU (Technical Assistance Response Unit) officers stood on the street, pointing handheld digital cameras at the protestors jammed behind metal barricades. The SkyWatch tactical platform unit — a “watchtower” with tinted windows like the one that’s loomed over Zuccotti Park for most of the occupation — stood at one corner, its four cameras roving across the crowd. The whole scene unfolded under the NYPD security cameras stationed all over Times Square and in most parts of the city.

AlterNetLike the massive crowd control arsenal unleashed on OWS — riot gear, smoke bombs, rubber bullets, pepper spray, horses, metal blockades, helicopters, plastic cuffs, and the police motorcycles, cars and vans that clog the streets — the three-tiered surveillance seemed like overkill for an overwhelmingly peaceful movement, where the occasional slur thrown at police is usually shouted down with reminders not to goad cops because they’re part of the 99 percent.

It’s unclear what the NYPD plans to do with footage obtained by TARU. But recording legal protest activity violates the Handschu decree, a set of legal guidelines designed to check the NYPD’s historic tendency to steamroll First Amendment rights. The order emerged from a class-action lawsuit prompted by revelations that the NYPD had spent much of the 20th century and millions of dollars monitoring legal protest activity, an endeavor that generated up to a million files on such dangerous radicals as education reform groups and housing advocates. The Handschu decree prohibits investigations of legal political activity and the collection of data, including images and video of protests, unless a crime has been committed.

The ruling has had a complicated life post-9/11, mutating in response to terrorism fears and authorities’ willingness to exploit them. A judge relaxed the order in 2003 after the NYPD argued it needed more flexibility to deal with terror threats. The department promptly proved its trustworthiness by secretively shooting hundreds of hours of footage of protestors at the Republican National Convention. In 2007 the court ruled that the NYPD had repeatedly violated Handschu and tightened the guidelines, limiting videotaping to cases where there’s specific evidence that a crime has taken place.

An internal department memo sent out in 2007 instructs police to comply with the new order by only rolling the tape when “it reasonably appears that unlawful conduct is about to occur, is occurring, or has occurred during the demonstration.” But Franklin Siegal, a lawyer who has spent years fighting for Handschu in court, tells AlterNet he’s received multiple complaints about police videotaping OWS protesters for no good reason.

“Your photo shouldn’t be taken and made into a record if you’re not engaged in anything illegal. At demonstrations with no illegal activity taking place, cameras shouldn’t be on,” says Siegal.

The NYCLU has called on police commissioner Raymond Kelly to stop surveillance of the protests, citing the cameras pointed at Zuccotti Park and an incident where NYCLU representatives observed TARU members filming a peaceful march.

“This type of surveillance substantially chills protest activity and is unlawful. In light of the mayor’s recognition of the peaceful nature of these protests, we call on you to stop the videotaping of lawful protest,” read the letter.

Another camera has more recently been hoisted above Zuccotti Park, joining the four sitting on top of the tactical platform unit (police claim the cameras are only transmitting a live feed and do not record video). Those cameras are visible, at least. Donna Lieberman, executive director of NYCLU, told AlterNet over the phone that Zuccotti can be seen from any number of NYPD security cameras in the area, both by private cameras attached to businesses that are accessible to police and NYPD security cameras.

A 2005 NYCLU survey found over 4,000 cameras below 14th Street in Manhattan; five times more than they’d tallied in 1998. Lieberman says that number was a lowball because there are so many cameras that NYCLU didn’t have the manpower or the time to count all of them.

Authors of the report warned at the time about a “massive surveillance infrastructure” creeping across the city, unattended by adequate public oversight or outside regulation. Five years later, there’s no exact count of all the cameras in New York, but Lieberman says, “We believe if we were to try to repeat the survey today, we would find that there are so many more cameras. Way beyond our wildest imagination.”

Today that task would be complicated by the roll-out of the Lower Manhattan Security Initiative, a plan launched in 2005 to cover the area below Canal Street in video cameras constantly streaming footage that’s analyzed at a centralized location. In 2009 police commissioner Raymond Kelly announced that the Initiative would be expanded to midtown.

In a macabre twist, journalist Pam Martens has discovered that the law enforcement center where much of the camera footage is examined can be accessed by high-level Wall street employees. Martens obtained 2005 correspondence from Commissioner Kelly promising Edward Frost, a then-Goldman Sachs VP, the creation of “a centralized coordination center that will provide space for full-time, on site representation from Goldman Sachs and other stakeholders.”

Martens writes, “According to one person who has toured the center, there are three rows of computer workstations, with approximately two-thirds operated by non-NYPD personnel. The Chief-Leader, the weekly civil service newspaper, identified some of the outside entities that share the space: Goldman Sachs, Citigroup, the Federal Reserve, the New York Stock Exchange. Others say most of the major Wall Street firms have an on-site representative.”

The surveillance gadgetry available to the NYPD, and apparently to the very finance industry forces that OWS is protesting, is sophisticated. There are license plate readers that can capture license plate numbers and match them to a database. The cameras can be programmed to alert officers to activities like loitering, and people can be followed as they move from camera to camera.

Over the past year, reports have come out suggesting that the NYPD has plans to integrate face recognition technology into the operation.

As the AP reported, “New facial-recognition technologies will soon make it possible to track exactly who is walking down the street,” [Bloomberg] said, adding that he believes “we’re going in that direction.”

The mayor then opined, “As the world gets more dangerous, people are willing to have infringements on their personal freedoms that they would not before.”

At the beginning of the year, local outlets reported that the NYPD was recruiting officers for a new face recognition unit. The NYPD has not replied to repeated requests for comment, so it’s not clear if the face recognition technology is in use, and if so, in what cameras — but a representative of ICX Technologies, the company that builds tactical platform towers like the one stationed at Zuccotti Park, tells AlterNet that the cameras on the tower are compatible with face recognition software.

That would mean an image can be matched up to a mug shot in any criminal database, or any non-criminal database for that matter — including one of the largest public identity databases in the world, Facebook.

Right after 9/11, when airports and cities enthusiastically embraced face recognition, the technology was fairly crude and a lot of the programs were dropped. But in the past 10 years advances in the software — including 3-D imaging and “skinmetrics,” which maps marks and imperfections in the skin of the face — have revived law enforcement and Homeland Security’s interest.

Sophisticated face recognition software, combined with cameras that can track activity all over the city, would be a useful tool if police wished to collect dossiers on people involved in OWS, as they so casually did pre-Handschu.

Whatever the advances in technology, Siegal says that core principals should remain. “Police should not be keeping records about the legal, political, non-criminal activities of anyone.”

America's secular revival

Five signs that, despite the GOP's efforts, religion's impact on U.S. politics will soon decline

(Credit: Salon)

In between bragging about the number of people they’ve killed and vilifying gay soldiers, the GOP presidential candidates have spent the primaries demonstrating how little they respect the separation of church and state. Michele Bachmann seems to think God is personally invested in her political career. Both she and Rick Perry have ties to Christian Dominionism, a theocratic philosophy that publicly calls for Christian takeover of America’s political and civil institutions. (Even Ron Paul, glorified by civil libertarians for his only two good policy stances — opposition to the Iraq and Afghanistan wars and drug prohibition — sputtered about churches when asked during a debate where he’d send a gravely ill man without health insurance.)

AlterNetGOP pandering to the religious right is just one of those facts of American public life, like climate change denial and creationism in schools, that leave secular Americans lamenting the decline of the country, and of reason and logic. Organized religion’s grasp on the politics and culture of much of Europe has been waning for decades — why can’t we do that here?

But there are signs that American attitudes are changing in ways that may tame religion’s power over political life in the future.

Annie Laurie Gaylor, founder of the Freedom from Religion Foundation, tells AlterNet that she thinks what happened in Europe is (slowly) happening here. While questioning religion remains controversial — Gaylor says the group’s work on church and state issues often elicits hate mail strongly suggesting they move to, you know, Europe — atheism, skepticism and agnosticism are becoming more widely accepted.

“The statistics show there are more of us … If you’re in a room of people you can count on more to agree with non-belief or to be accepting of non-belief,” says Gaylor.

Here are five trends that give hope one day religion will reside in the realm of personal choice and private worship, far away from politics — something like what the Founders intended hundreds of years ago.

1. American religious belief is becoming more fractured

The intrusion of religion into places where it doesn’t belong, like government or public education, naturally requires high levels of organization and control — it’s not something that just happens. So it’s a good sign that even many Americans who maintain a personal religious faith are distancing themselves from heierarchical, top-down religion. Polls have repeatedly shown that even among the devout, emphatic proclamations of faith do not translate into actual churchgoing. In fact, church attendance rates hovered at around 40 percent until pollsters realized there’s a major gap between what Americans tell them about their religious habits and their actual religious habits. Tom Flynn summarizes the over-inflation of U.S. churchgoing and offers more accurate stats:

Americans may believe in a god who sees everything, but they lie about how often they go to church. Since 1939, the Gallup organization has reported that 40 percent of adults attend church weekly. (The most recent figure is 42%.) Gallup’s figure has long attracted skepticism. Were it true, some 73 million people would throng the nation’s houses of worship each week. Even the conservative Washington Times found that “hard to imagine.” New research suggests that there may be only half to two-thirds that many people in the pews.

Americans are also actively shaping their religious beliefs to fit their own values. Profiled in USA Today, religion statistics expert George Barna shares recent findings that show religion is becoming increasingly personal. Believers might drift from faith to faith until they find one that works for them, or cobble together a belief system drawn from many religious traditions. The U.S. is becoming a place of “310 million people with 310 million religions,” Barna is quoted as saying.

2. Non-belief — and acceptance of non-belief — on the rise

Last month was the first time atheists were knocked from the top of America’s most hated list, an honor that now belongs to the Tea Party. While this development may have more to do with the fact that the mainstream media’s love affair with the Tea Party is not shared by most Americans, it also dovetails with increased visibility and acceptance of atheism.

Gaylor tells AlterNet that the FFRF’s membership has never been bigger, and her observation conforms to larger trends. In a 2008 study by Connecticut’s Trinity college, 15 percent of Americans polled as “nones,” a group composed of vehement atheists, agnostics or people without religious affiliation. In 1990s, only 8.1 percent of the U.S. population could be categorized in this way, according to the report.

In an interview on NPR, Blair Scott, founder of the North Alabama Free Thought Association, says he’s noticed people are becoming more and more open-minded about non-belief: “I mean, I’ve been the victim of discrimination and harassment. They are very real, and they are legitimate concerns that people have. But what we’ve seen recently is an increase in the general public’s, maybe not acceptance, but more curiosity of what atheism is and is not.”

Scott also points out that the controversial writing of the New Atheists like Richard Dawkins regularly makes it onto the New York Times bestseller list, which in turn helps popularize atheist arguments and philosophies, even in unexpected places:

I mean, I expect an atheist group in New York, L.A., San Francisco, Seattle, etc. But where we’re seeing them pop up is little places like Jackson, Mississippi; Hattiesburg, Mississippi; Tallahassee, Florida, you know, so these little bitty mid-size and small towns, and that’s an incredible phenomenon because what that means is that these people are finally willing to say, okay, I live in a small town or a midsize city, but you know what, I know there’s others out there like me.

3. Growing numbers of young people who do not identify as religious

America is still a shockingly religious country by Western standards. But a more nuanced breakdown of religious belief tells a different story. Statistically the most devout demographics are middle-aged and older, while young Americans are increasingly likely to shun religious identification, according to professors Robert D. Putnam and David E. Campbell, writing in the L.A. Times:

As recently as 1990, all but 7 percent of Americans claimed a religious affiliation, a figure that had held constant for decades. Today, 17 percent of Americans say they have no religion, and these new “nones” are very heavily concentrated among Americans who have come of age since 1990. Between 25 percent and 30 percent of twentysomethings today say they have no religious affiliation — roughly four times higher than in any previous generation.

The writers point to a surprising culprit: the powerful religious right movement whose tight grip on American political life has steered the country in an aggressively right-wing direction for decades:

Throughout the 1990s and into the new century, the increasingly prominent association between religion and conservative politics provoked a backlash among moderates and progressives, many of whom had previously considered themselves religious. The fraction of Americans who agreed “strongly” that religious leaders should not try to influence government decisions nearly doubled from 22 percent in 1991 to 38 percent in 2008, and the fraction who insisted that religious leaders should not try to influence how people vote rose to 45 percent from 30%.

This backlash was especially forceful among youth coming of age in the 1990s and just forming their views about religion. Some of that generation, to be sure, held deeply conservative moral and political views, and they felt very comfortable in the ranks of increasingly conservative churchgoers. But a majority of the Millennial generation was liberal on most social issues, and above all, on homosexuality. The fraction of twentysomethings who said that homosexual relations were “always” or “almost always” wrong plummeted from about 75 percent in 1990 to about 40 percent in 2008. (Ironically, in polling, Millennials are actually more uneasy about abortion than their parents.)

4. Hate group that exploited religion to bash gays hemorrhaging funds

As Americans increasingly reject the politics of hate, the right-wing groups that thrive on it are facing tough times.

While many practicing Christians live their faith without trying to impose their values on others, the aggressive Christian extremism of organizations like Focus on the Family has always been charged by the demonization of people who are not like them.

Unfortunately for FOTF, many Americans just don’t hate gay people enough to keep them afloat. In 2008, FOTF had to cut its staff by 18 percent. Last week, FOTF had to do another round of cuts, again citing a drop in donations (though it claims the lower funding is a result of tough economic times). On the issue of gay rights, Focus on the Family CEO Jim Daly said:

“We’re losing on that one, especially among the 20- and 30-somethings: 65 to 70 percent of them favor same-sex marriage,” Daly said in the interview. “I don’t know if that’s going to change with a little more age—demographers would say probably not. We’ve probably lost that.”

It’s important to note that the religious right is still exceptionally powerful, as evidenced by the prominent role right-wing Christianity still plays in American politics. It is a powerful movement with lots of followers, smart P.R. and tons of organizational muscle. But as Sarah Seltzer pointed out, “The Christian right is far from dead, but it’s good to see one of its biggest wedge issues losing its power to wedge.”

5. Getting married by friends

On a lighter note, it looks like increasing numbers of Americans are looking to jettison religion out of their marriages as well. The Washington Post reported last week that more Americans are choosing wedding ceremonies without the trappings of religion, including the clergy. Reporter Michele Boorstein finds a crew of college friends who officiate at each other’s weddings:

Their decision to forgo the more traditional route is a slightly extreme example of a once-quirky trend that is becoming more mainstream. A study last year by TheKnot.com and WeddingChannel.com showed that 31 percent of their users who married in 2010 used a family member or friend as the officiant, up from 29 percent in 2009, the first year of the survey.

Boorstein points out this trend is likely the result of young people’s drift away from traditional expressions of religious faith.

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