Is my iPhone listening to me?
PrivacySOS – 12/11/2015
The other night I was getting ready to leave my partner’s house to go home. I know how to get from their place to mine without any assistance, so I didn’t look up directions on my phone. I didn’t text anyone to say I was about to go home. Some nights I stay over at my partner’s place and some nights I don’t. In other words, it seemed like there was no way my phone could have known that I was about to get into my car and drive back to my place. And yet, as I walked out the door, I looked at my iPhone and found a push notification alerting me that traffic to my home address was looking normal.
I did not like that. How the hell did my phone know I was about to drive home? Did it listen to me?
Even though I work full time as a privacy advocate, there are lots of things on my mind, so I sort of forgot about this incident—that is, until this morning, when it happened again.
I normally take public transit or bike to work. This morning I was running a little late and my roommate suggested we drive to get coffee together. I said aloud, “If the bus is on time, I can take it. Otherwise could you drop me off downtown?” She agreed.
As I walked toward the door to leave I looked down at my phone. Again, there was a push notification from Apple Maps (an app I have never once used). It read: “16 minutes to Congress St.; Traffic is normal right now.” This time I took a screenshot, posted at right.
How on earth could my iPhone have known that I wasn’t going to take the bus this morning, and that I was going to drive downtown instead?
Apple’s website includes a page on location tracking and privacy. On that page, it says:
Frequent Locations: To learn places that are significant to you, your iOS device will keep track of places you have recently been, as well as how often and when you visited them. This data is kept solely on your device and won’t be sent to Apple without your consent. It will be used to provide you with personalized services, such as predictive traffic routing.
But in both cases, these alerts appeared only after I had verbally announced my intention to drive somewhere, either home or to work. In neither case was this a routine event; I often sleep over at my partner’s place, and I usually take public transit or ride my bike to work. Therefore the only possibility that makes any sense to me is that my phone is listening, heard me tell my partner I was going home and ask if my roommate could drop me off at work, and then provided me with up to date traffic reports to those two destinations.
In neither case was it desirable. I don’t appreciate it; if I want to know what traffic looks like, I’ll check it out myself. I don’t want my phone listening to me. I’ve never once used Siri in part because of that preference.
Of course, it could be a (two-time) fluke, so I’m curious to hear from others with iPhones. If you’ve had a similar experience, let me know. Also please get in touch if you know how my phone might be deducing these intensely personal things about me, if it’s not actually listening.
Location information is extremely sensitive. That’s made chillingly clear when your phone, practically an extra limb for many of us, starts giving you information about not just where you are or in response to commands you’ve given it, but about where you’re about to go, without having been asked.
Update: CNET explains how you can turn off predictive traffic alerts. That’s great, but the predictive traffic alert feature doesn’t fully explain these two incidents. After all, there’s nothing routine about the trips I was making. And I gave the phone no indication that I was about to drive somewhere, besides talking about driving in the vicinity of the phone.
Slaying of Chicago Teen Casts Doubt on Body Cams Holding Police Accountable
Sputnik – 12.12.2015
Although President Barack Obama has pledged $263 million in federal grants to fund body cameras for police departments throughout the country, some still feel the effort will do little to hold officers accountable if they engage in suspicious or unlawful activity.
Lisa Schreibersdorf, executive director of Brooklyn Defender Services, points to the recent case of Laquan McDonald, a 17-year-old who was fatally shot last year by a police officer after he responded to a call about a man with a knife.
An officer’s dashboard camera captured footage of that incident. However, Chicago’s mayor and police commissioner struggled to keep those recordings away from the eyes of the public arguing the footage could interfere with the court case.
Following the efforts of journalists and lawyers, however, a judge finally forced city officials to release the video in November leading to the prosecution of Officer Jason Van Dyke for murder more than a year after the shooting.
“Many have suggested that the prosecution would never have come if the City had succeeded in keeping the video under wraps — an allegation that Cook County State’s Attorney Anita Alverez denies, but nevertheless casts doubt on the ability or willingness of the police, prosecutors or even the City administration to hold individual officers accountable unless forced to do so,” Schreibersdorf explained to the Huffington Post.
In many instances, city officials can fight to keep police body-camera footage from being seen by the public and defense attorneys.
In New York City, for example, body-camera recordings legally are categorized as an officer’s file making it difficult for defense attorneys to access it. Police Commissioner Bill Bratton has said that body camera footage would not be released to the public under any circumstances.
“That leaves us in the potential situation of receiving body camera footage only when it serves the NYPD and the prosecution, not when it exonerates our clients or incriminates an officer,” said Schreibersdorf. “Such a scheme favors neither justice nor accountability and is one that we, as public defenders, often the last line of defense against executive power, could never support.”
US university says sorry for Palestinian flag ultimatum
RT | December 11, 2015
George Washington University president Steven Knapp has issued an apology to a student who was told to take down his Palestinian flag.
A university campus police officer entered Ramie Abounaja’s room on October 26 and told him to take down the Palestinian flag that he had hanging from his window.
The officer said he had received multiple complaints and that the flag was in violation of the housing code.
Visitors to the university confirmed many other national flags hanging from dorm rooms without being taken down.
A week later, Ramie Abounaja received a warning letter from the university, threatening future disciplinary action, despite the fact he had removed the flag.
“As a member of the larger residential community we hope that you will be respectful of your peers and be aware of your behavior. The act of an individual has a profound impact on the community,” it read.
Unsure of what he was in violation of, Ramie wrote a letter back. In it, he explained his reason for hanging the Palestinian flag: “I was motivated to do this after I had seen dozens of different banners and flags hung outside other residential campus living spaces throughout my three years here at GW. I felt like I was being singled-out, because of my heritage and the viewpoint of my speech, for something I’ve seen dozens of students, fraternities and other student groups do in my three years at GW.”
Civil rights groups called the order a violation of free speech and said the actions pointed to anti-Palestinian sentiment.
Students for Justice in Palestine at GW said: “Flags of other countries hang out of dorm windows with no disciplinary consequence. Selective reinforcement of these rules is discrimination.”
Universities in the US stand accused of cracking down on pro-Palestinian speech, with a high profile example in the state of Illinois where professor Steven Salaita was dismissed after tweeting about Israel’s assault on Gaza in 2014.
The recent Palestinian Exception to Free Speech report revealed intensifying suppression Israeli criticism on campuses: “Israel’s fiercest defenders in the United States — a network of advocacy organizations, public relations firms, and think tanks — have intensified their efforts to stifle criticism of Israeli government policies. Rather than engage such criticism on its merits, these groups leverage their significant resources and lobbying power to pressure universities, government actors, and other institutions to censor or punish advocacy in support of Palestinian rights.”
Palestine Legal responded to 140 incidents and 33 requests for assistance in anticipation of potential suppression in the first 6 months of 2015. 80% of those were aimed at students and scholars.
The report highlights a number of tactics used to quash pro-Palestinian feeling in universities, including academic sanctions.
Northeastern University in Boston suspended a student group the spring of 2014 after members distributed flyers describing Israel’s policy of demolishing Palestinian homes.
Around the same time, San Francisco State University investigated Professor Rabab Abdulhadi for going on a research trip to Palestine after an Israel advocacy group accused her of meeting with terrorists.
Palestinian Legal wrote to George Washington University, demanding they withdraw its warning letter and threat to sanction the student.
University President Steven Knapp said he has apologized to Abounaja and that the student had been subjected to a flawed process: “I have instructed the relevant offices to end the practice of sending warning letters to students solely because of a reported violation of a university policy. I have also instructed them to ensure consistent enforcement of all university policies.”
Turkey fines Twitter $51,000 for ‘terrorist propaganda’ – reports
RT | December 11, 2015
Twitter has been fined 150,000 Turkish lira (US$51,000) for not removing content allegedly containing “terrorist propaganda, encouraging public acts of violence and hatred,” sources in Turkey’s communication technology watchdog told media outlets.
The Turkish Information and Communications Technologies Authority (BTK) has forwarded its decision to the Twitter Company’s headquarters in San Francisco, California, as well as informed the office of the company’s lawyer in Turkey, according to information Anadolu News Agency received from the body.
The decision was based on a 2007 law on “fighting against crimes committed through internet broadcasting,” Anadolu reported.
A BTK official who spoke to Reuters confirmed the report on the fine, but revealed no details concerning the content except claiming that it includes terrorist propaganda and calls for acts of violence.
Before a decision on the fine was made, Turkish courts had allegedly ordered Twitter to remove content they deemed illegal, but the company reportedly did not comply. This is the first time Turkey fined the popular social media website.
Turkish authorities previously have temporarily blocked Twitter, YouTube and Facebook for failing to remove content deemed to be illegal or banned.
On April 6, Turkey blocked access to Twitter, YouTube and Facebook over the publication of photos of a prosecutor taken hostage and killed by militants in Istanbul on March 31. The ban was lifted shortly after the sites removed the images.
In July, Twitter was once again blocked by Turkish authorities for a short period of time over publishing the images of a suicide bomb attack in Turkey’s Southeast on July 20. The ban was again lifted after the site removed the content in question.
Turkey has been accused of growing censorship and a media crackdown.
In December 2014, the Organization for Security and Cooperation in Europe (OSCE) accused Turkey of adopting restrictive internet laws and implementing broad measures aimed at censoring online content.
At the same time, the Civic Solidarity Platform, a network of more than 60 human rights NGOs from throughout the OSCE region released its own report claiming that Turkey had repeatedly blocked thousands of news and social media sites, including YouTube and Twitter, in recent years.
On November 27, thousands of people joined the rallies in Istanbul and Ankara showing their support for two prominent journalists of the Cumhuriyet newspaper accused of treason over publishing photos of weapons allegedly brought to Syria by Turkish intelligence.
Police in Ankara used pepper spray against peaceful protesters staging a demonstration near the Cumhuriyet office in the Turkish capital.
Washington DC Student Forced to Remove Palestinian Flag
Sputnik – 10.12.2015
A student at George Washington University has been forced by police to remove a Palestinian flag they had hanging from their dorm room — despite countless flags hanging from other windows in the dormitories.
Ramie Abounaja, a 20-year-old pre-med student has also been threatened with future disciplinary action despite complying with the police, the Intercept reported.
On October 26, a police officer arrived at Abounaja’s Washington, DC, dorm room to order the removal of flag. The officer cited receiving multiple complaints and explained that he would not be leaving until it was removed, which the student complied with.
The following week, the student received a letter from the school’s Office of Student Rights and Responsibilities, which oversees disciplinary issues. “This letter serves as a warning that this behavior is a violation of the ‘Code of Student Conduct’ and/or the Resident Community Conduct Guidelines,” it began.
“As a member of the larger residential community we hope that you will be respectful of your peers and be aware of your behavior. The act of an individual has a profound impact on the community. … Subsequent reports naming you as a subject may result in disciplinary action taken by the university.”
The student noted that other students have been allowed to continue hanging their national flags from their windows, and that he is being selectively targeted.
“I felt like I was being singled out, because of my heritage and the viewpoint of my speech, for something I’ve seen dozens of students, fraternities and other student groups do in my three years at GW,” Abounaja wrote in a letter to the school.
Nationwide, there appears to be a crackdown taking place on pro-Palestinian speech and particularly against the BDS movement which aims to boycott Israel over their treatment of the Palestinian people.
Palestine Legal, a US civil rights advocacy organization, has reported 140 instances of suppression of Palestine advocacy in the first six months of 2015, 80 percent of which were on college campuses, the Intercept reported.
After Palestine Legal published an open letter to the George Washington University regarding their treatment of Abounaja and demanding an apology, explanation, and for them to retract their future disciplinary notice, the university’s media relations released a statement claiming that it wasn’t discrimination and that no students may have flags hanging from the school’s housing.
“The George Washington University is committed to fostering a welcoming and safe environment for every member of the GW community, and we encourage students to share their rich diversity of backgrounds, experiences and views with their peers. GW has not banned any flags from its campus; however, the university’s Residential Community Conduct Guidelines prohibit the hanging of any object outside of a residence hall window (Section III. 7). These guidelines apply to all on-campus housing residents.”
Following the school’s statement, Students for Justice in Palestine at GW released a statement of their own, calling the university on their hypocrisy.
The student group alleged that the selective enforcement points to an anti-Palestine sentiment and that “flags of other countries hang out of dorm windows with no disciplinary consequence.”
They continued on to state that “selective reinforcement of these rules is discrimination. In this moment of rising Islamophobia in the United States, it is contradictory that a university that advertises inclusivity and diversity would act like this.”
EU Member of Parliament: NATO Seeks Ways to Shut RT Down
teleSUR – December 10, 2015
A Spanish member of the European Parliament accused NATO Thursday of openly saying they need to stop Russia Today from continuing their news coverage and operations in general.
“The greatest military in the world, NATO, allows itself to speak in Wales that RT needs to be stopped,” lawmaker from the United Left party of Spain, Javier Cuoso, said during RT’s 10th anniversary celebrations.
The move is likely to lead to further deterioration in NATO’s relations with Russia, which sees the alliance’s expansion eastward as a threat to its national security.
NATO broke off official contact with Russia in April last year over the Ukrainian conflict; NATO accuses Moscow of supporting the rebels there who took over the [Donbas] region and declared reunification with Russia.
‘Sick of being targeted’: French authorities conducting warrantless raids on Muslims
RT | December 9, 2015
Emergency legislation enacted after last month’s Paris attacks has led to a fierce crackdown on France’s Islamic population. Warrantless searches and raids have become commonplace, a move which many say violates the civil liberties of Muslims.
Speaking to RT’s Daniel Bushell, the manager of the Pepper Grill restaurant on the outskirts of Paris recalled a police raid at his restaurant on Saturday night.
“They blocked the roads with trucks, and up to 40 armed men stormed our restaurant… Saturday night’s the busiest time. Children were eating. The cops had shotguns, black masks, and shields, making the women tremble with fear. Several officers rushed downstairs, then suddenly… they began breaking the doors with battering rams. The door wasn’t even locked,” the restaurant manager said.
After police failed to find any weapons during the search, they raided so-called “undeclared prayer rooms” above the restaurant. However, legal experts told RT that it is unlikely that such rooms are illegal, even under the country’s new emergency legislation.
The emergency laws, implemented after last month’s terror attacks which killed 130 people and left 352 others injured, have led to thousands of warrantless searches and raids.
But it’s not just private property that is being targeted – Muslims are also being singled out on the street.
“Police tried to pull the hood off the head of an Arab friend eating with my little brother. Then they detained him, saying it’s a state of emergency so they have the right,” a local told RT on condition of anonymity, fearing police reprisals. He added that the community is “sick of being targeted.”
Such targeting is reportedly worse for young people, many of whom said they pull hoods over their faces as soon as they see a police car, so officers can’t see the color of their skin.
That fear is a direct result of the war being waged against the Muslim community, according to Yasser Louati of the Collective Against Islamophobia in France. He recalled a situation where a mother was “touched in her private parts by police,” and another mother who “lost her baby after a raid.”
However, one French mayor is not backing down, believing that extra security is necessary because France is “living amid an Islamic threat.”
“I’ve already doubled the number of city policemen, but I went even further. I asked all the former policemen, firefighters and servicemen to come and help to protect our citizens. If my initiative goes against the law, we should change the law. We are living amid an Islamic threat and we should be aware of the consequences. Our country, as well as other European countries, is at war – both outside our borders, in Syria for instance, and inside our borders, because our enemies live in our own country,” Robert Menard, mayor of the French town of Beziers, told RT.
In addition to warrantless searches and raids, France’s state of emergency laws allow the government to put people under house arrest, seal the country’s borders and ban demonstrations. The laws were created during the Algerian war in 1955.
France is currently aiming to change its constitution to allow a state of emergency to last for six months, according to government sources. The proposal, which has been slammed by many who say the government is abusing its powers, will be put to ministers on December 23, according to AFP.
Turkey detains & deports Russian journalists investigating ISIS oil trade reports
RT | December 9, 2015
Russian journalists preparing an investigative report into Ankara’s alleged involvement in the oil trade with ISIS have been detained and deported from Turkey. Moscow strongly condemned the treatment of the Rossiya 1 TV crew, demanding explanations.
“We strongly condemn the illegal actions of the Turkish authorities,” the Russian Foreign Ministry said. “Such an attitude towards the media is absolutely unacceptable.”
On Monday, the press crew of the TV program ‘Special Correspondent’, headed by Alexander Buzaladze, were detained in southeastern Turkey by authorities in civilian clothes. The journalists were preparing an investigative report into the alleged smuggling of Islamic State (IS, formerly ISIS/ISIL) oil into Turkey.
The trouble for the Rossiya 1 TV crew started only once they arrived at the border, Buzaladze said after the deportation. He told Russian state-owned channel Vesti that while the crew worked in Istanbul and Ankara they had faced no opposition from the authorities.
But as soon as they tried to film close to the Turkish-Syrian border the crew was “blocked [by] the Turkish security forces” leaving them no time to even “get the camera out.”
The Russian crew was arrested in Hatay province bordering Syria as they were on their way to the neighboring province of Gaziantep. According to Buzaladze, there the journalists wanted to film “the border itself, military hardware, people that work at the border, and the border crossing.”
Turkish authorities were first of all concerned “whether we had a camera,” Buzaladze says.
“The first thing they wanted to know [was] if we had a camera. The camera was left in the luggage compartment, locked in a case. Despite this, they took our documents, we were taken to the police station, later we were photographed, fingerprinted, brought to the doctor for a medical examination to confirm that we are in a sane state, and that we are alive and well,” the journalist said.
The crew was later informed by the Turkish side that they were being deported. At the same time, authorities failed to explain the reason behind their move, Buzaladedze notes. The Russian journalists were escorted by police to the airport and put on a plane back to Russia.
Throughout the entire incident the Turkish authorities refused to cooperate with Russian diplomats on the ground. The Russian Foreign Ministry wants to know the real reasons behind the detention of the Rossiya 1 crew, and remains curious as to what “rules” were violated by the Russian journalists.
“The Turkish authorities refused to give explanations to representatives of the Russian Embassy in Turkey who got in touch with the crew shortly after its detention,” the Russian Foreign Ministry said. The group was deported apparently under the pretext of its members having violated laws for foreign journalists working in Turkey.
The lack of a clear explanation forces the Ministry to speculate that the journalistic investigation might have uncovered something which Turkey would rather not share with the world in light of Turkish-Russian tensions following the shooting down of the Russian Su-24 bomber last month.
“One gets the impression that Ankara is scared that correspondents of the Rossiya 1 TV channel may throw a spotlight on facts about the illegal activities carried out in the Turkish-Syrian border area [that] the Turkish government would prefer to keep in the shadow[s],” the Russian Foreign Ministry said.
According to Rossiya 1 TV channel, the journalists arrived in Turkey on an assignment “to make a package on what is actually happening on the border between Turkey and Syria, and to clarify the situation with the traffic across the border of militants and illegal oil tank trucks.”
The scandal over alleged oil profiteering on the part of Turkey follows the downing of the Russian Su-24 bomber by Turkey in Syrian airspace amid the ongoing campaign against ISIS oil infrastructure on the Syria-Turkey border. Russian President Vladimir Putin described the act as “a stab in the back” by terrorist supporters and accused Turkey of involvement in the illegal oil deals with IS.
Meanwhile, the Russian Foreign Ministry commissioner for human rights, Konstantin Dolgov, said via Twitter that the latest incident shows that the Turkish authorities are ignoring international obligations with respect to the protection of journalists. Dolgov also called for international condemnation of the incident, including by the OSCE.
Overall, the latest incident, according to the ministry, is just part of the ongoing trend by the Turkish authorities to crack down on freedom of speech in the country.
“The international organizations, including the OSCE, have repeatedly drawn [the] attention of the world public to this. In this regard, the detention of the editor-in-chief of the Turkish daily newspaper Cumhuriyet Can Dundar and the newspaper’s Ankara bureau chief Erdem Gul in late November over a report about the involvement of the Turkish intelligence agencies in the supplies of weapons to militants in Syria is indicative in this respect,” the Russian Foreign Ministry said. “The journalists were charged with ‘espionage, disclosure of state secrets and terrorism.’ They are facing life in prison.”
Why ‘Active Investigations’ Don’t Justify Keeping Police Video Secret
By Jay Stanley | ACLU | December 4, 2015
The Chicago police last week released video of 17-year-old Laquan McDonald being shot to death by a police officer. Release of the video showing the 16-shot barrage came only after a judge order its release, and after more than a year during which the police had refused to make it public. In Minneapolis, protesters have been clashing with police as the police similarly refuse to release video in the recent shooting death of another young Black man, 24-year-old Jamar Clark. In both cases the police have cited the need to keep video under wraps because there is an “ongoing investigation.”
The question of what police body camera video gets released to the public, and when, is an important one, and has become one of the central areas of dispute surrounding the technology. At issue are two sometimes conflicting values: privacy, and government transparency. Our position (as outlined in our body camera white paper and model policy) is that while most video footage should be kept private—held for a short period in case a complaint is filed, not analyzed or used for any other purpose, and then deleted within six months—some video footage is important for the public to see. We call for video of incidents to be releasable under state open records laws where there has been a use of force, a felony arrest, or a complaint against a police officer. Certainly in the case of a police shooting or other use of deadly force, the public’s interest in understanding how and why an officer took such an extreme measure is overwhelming.
Police departments, however, regularly refuse to release video citing their need not to release details of ongoing criminal investigations. Aside from the question of whether police should have exclusive control over videos in the first place, the question needs to be asked: does this general exception to public transparency make sense in the case of body camera or other video footage of police uses of force?
There are a limited and narrow range of purposes for which exemptions should legitimately be granted. Those purposes include:
- Protecting personal privacy
- Protecting confidential sources
- Not interfering with the investigation
- Protecting the right to a fair trial
Many state laws have active-investigation exceptions to their open-records laws, and these laws vary but generally include the above factors, as does the federal FOIA law (Exemption 7). The federal law also includes a broad catch-all exemption for circumstances where disclosure could “reasonably be expected to interfere with enforcement proceedings,” as well as an exemption for when it could “reasonably be expected to endanger the life or physical safety of any individual.” And, it contains an exemption for law enforcement guidelines, techniques, and procedures where “such disclosure could reasonably be expected to risk circumvention of the law.”
But none of these exemptions justify the withholding of video footage of a shooting or other use of force by a police officer. Exemptions to open-records laws for “ongoing investigations” were simply not created with police video of police shootings in mind, and do not make sense applied to such recordings. Yet police departments around the country are using these rules to block or delay release of video not because it would harm investigations, but because it makes them look bad. This is not how things are supposed to work in a democracy.
Let’s look at each justification for “active investigation” exemptions and how they apply—or not—to body camera footage.
Privacy: One purpose of these exemptions is to protect people from the stigma of being under investigation before the police have even finished assessing whether there is evidence of their involvement in a crime. A police officer who has used deadly force against a citizen has typically already been identified, and has no right to privacy in such circumstances as they are an employee of the public whose actions, ostensibly to protect the interests of that public, merit the highest levels of community scrutiny.
A concrete example of this was given to me recently by Laura Schauer Ives, a civil rights attorney in New Mexico (and former legal director for the ACLU there) who litigates on police use-of-force issues, including the infamous James Boyd shooting. As she pointed out,
The public needs to know if there are problematic officers. That’s why in Albuquerque, we know which officers have shot people three, four times. We have officers who have repeatedly used excessive force against citizens, and that’s the only way to know it, by knowing their names. And that is their job. You’re a police officer doing your public job.
In Chicago, where police and city officials fought to keep civilian complaints secret, the resulting lack of sunshine has allowed problematic officers to stay on the job unpunished (as we now know only because of a decade-long legal battle to bring that information to light).
When it comes to the privacy interests of the subject or victim of a use of force (or his or her survivors), typically they do not object to release of the video on privacy grounds; in the vast majority of cases under contention they are the ones clamoring for release. I recently wrote about an exception, where a shooting victim’s family sought to block release—but even there the public’s interest in monitoring the police force overcomes the privacy rights of the subject of police use of force. Should a video show bystanders with a legitimate privacy interest, their identity can be obscured through redaction of the video.
Protecting confidential sources: If an officer shown in the video is an undercover officer, his or her identity can ordinarily be obscured through redaction. While a case involving an undercover officer is theoretically possible, I have not heard of one. Redaction should also be sufficient should bystanders or others in a video happen to be informants. (And of course unredacted bystander video posted online can render any of these protections moot.) But this exemption to transparency has been abused: Ives told me that in New Mexico “we see the Albuquerque Police Department making the argument that officers who are not undercover, are undercover. If you’re out in public in a police vest that says APD, sorry but you’re not undercover.”
Interfering with the investigation: Another purpose of secrecy can be to avoid alerting suspects that they are under investigation (potentially spurring them to destroy evidence) or revealing what the authorities know about them and their possible crimes. But if there has been a police shooting, then the situation is different from those in which the above concerns apply. In a shooting, or if there has been a complaint, the involved officers know full well that they will be the subject of an investigation. (It is important to temporarily withhold the video from viewing by those under investigation—witnesses, arrestees, and the involved officers—until after they have given initial statements on the incident, as we have explained, but that does not justify any significant delay in release of the video to the public.)
Furthermore, the reason that police don’t want to release the details of an investigation to the public is that they don’t want one member of the public in particular—the perpetrator—to see that evidence. But in a police shooting, once the involved officer has seen that video, withholding it from the public no longer serves the purpose of keeping it from the person under investigation—now it serves only to prevent the public from seeing it. That’s not a legitimate goal on its own.
The right to a fair trial: It is important insofar as possible to protect defendants in criminal trials—whether they are arrestees or police officers—against pre-judgment by the community. Exposure to video evidence can harm not just the defense, but also the prosecution; one former Justice Department official whose job had included prosecuting police officers made the point to me that letting potential jurors in the community view a video before trial will shape and prejudice their impressions of what took place.
This is a legitimate concern, but generally does not hold up against the public’s critical need to engage in oversight of how its police are using force. There are also several factors that diminish the force of this consideration. Bystander video has so far been much more common in police shootings than bodycam video, and nothing can stop bystanders from exercising their First Amendment right to post their videos of an incident for the whole community to see. The courts have dealt with public bystander videos and they can deal with public bodycam videos—through the jury selection process for example, or change-of-venue motions that can be filed if the concern is particularly significant. In addition, it’s not clear how differently a video will prejudice a juror who views it on YouTube before joining a jury, compared to how they’ll interpret it when viewed at trial. It is far more important to get untainted initial testimony from witnesses and participants in a use of force case, than shielding the community at large.
The right to a day in court: There’s another reason it’s not okay to delay release of video until investigations and other legal processes around an incident have run their course: it prevents individuals from seeking justice for police wrongdoing in court. “It’s actually imperative that these things be public because of federal pleading requirements,” Laura Ives told me, explaining:
It used to be when you go to federal court with a claim of abuse, you just needed to make enough of a claim to get past a motion to dismiss. Now the federal standard under a case called Iqbal is that your claim needs to be “plausible.” To demonstrate that, you have to have enough information—you have to have evidence, you have to have a fairly strong claim going into the litigation, and even then you’re going to go up and back within a circuit on the qualified immunity issue before you ever get discovery, before you ever get to see a video or get a deposition. So getting video as a public record, seeing what happened in a shooting for example, is very, very important if you don’t want your lawsuit dismissed before you ever get to see discovery.
Overall, in some circumstances there can be sufficient reason to delay the release of certain evidentiary materials due to an active investigation, but when it comes to police body camera videos, the public’s interest in immediate oversight of how police officers use force is overwhelming, and it is hard to imagine circumstances in which the reasons for withholding such videos are not inapplicable or fatally weak—and even in the scenarios I can come up with, redaction would be sufficient.
Indeed last week’s release of the Laquan McDonald video followed a ruling by a judge who found that the Chicago police had failed to prove that releasing the video would hurt any ongoing investigation. But where existing state open records laws and jurisprudence do not clearly provide for the immediate release of police body camera video, state legislatures should take action to make clear that ongoing-investigations exceptions to open records laws do not apply to police body camera footage. If unusual situations should arise that we have not unanticipated, in which the harms such laws are intended to prevent would be brought about with sufficient severity to overcome the compelling public interest in disclosure, then withholding should be allowed if the police can establish the likelihood of those harms to a judge under a very high standard—and establish that redaction cannot solve the problem. And the videos should be released at the earliest possible moment that those extraordinary conditions no longer apply.
Finally, it’s important to note the significant harm that withholding video of police shootings does to trust and confidence in police and their relations with the community. Such withholding increases the sense of disrespect, and often appears to communities to be another example of police abusing their authority—not without reason, as our analysis here suggests. Police having exclusive control over, and then refusing to release, video of killings, which are disproportionately of Black men, frays even further any semblance of dignity and trust, and brings into sharp relief the use of authority to attempt to avoid accountability.
Increasing collective punishment in occupied al-Khalil (Hebron)
International Solidarity Movement | December 3, 2015
Hebron, Occupied Palestine – Israeli forces closed the al-Hareka neighbourhood putting up new roadblocks and completely closing off a whole neighbourhood in occupied al-Khalil (Hebron).
The neighbourhood’s access to the main street has been blocked off with an iron gate for a long time already. Recently, a group of about twenty soldiers arrived to the neighbourhood to further limit the freedom of movement of the Palestinian residents.
One resident, a journalist documenting the soldiers putting the new roadblocks that completely barr any access to about 200-300 people living there, was detained by the soldiers for over an hour. Soldiers attempted to stop him from filming this measure of collective punishment, a clear infringement of freedom of the press. In order to reach the main road or leave their houses, people living behind the wall are now forced to walk all the way around and will thus need at least ten minutes more to reach the military gate that is already blocking their entrance.
Additionally, soldiers have commanded the roof of a private family home for military purposes and have erected a small military base there. A group of six soldiers is permanently stationed on the family home and “they slept on the roof”, as a school-boy explained.
The al-Hareka neighbourhood is bordering the illegal settlement of Kiryat Arba, and thus is often the target of harassment and violence both from the Israeli forces as well as the settlers – often under the protection of the soldiers.
This is yet another measure to intensify the efforts to restrict – or completely stop – Palestinian freedom of movement. Such collective punishment measures have sky-rocketed in the recent weeks and months in occupied al-Khalil, and add to the increasing efforts to further exacerbate everyday life for Palestinians and eventually make them disappear completely.
‘New Turkey’: Toward an Authoritarian and Sectarian Police State
By Sinem Adar | Jadaliyya | December 2, 2015
Tahir Elçi, the president of the bar association in southeastern Diyarbakır province and a determined Kurdish human rights lawyer, was shot dead on Saturday, 28 November, during a press statement he had delivered in Diyarbakır. Photos of Elçi’s dead body lying on the ground quickly overwhelmed social media accounts, symbolizing the deadly difficulty of talking about and fighting for peace at this critical juncture that Turkey, and the region at large, are going through. Despite the fact that Turkey is known for its long history of unsolved political crimes and political violence, Elçi’s assassination is an alarming turning point in the final phase, after the electoral victory of the AKP (Justice and Development Party) in the 1 November elections, of consolidating an authoritarian and sectarian police state.
In this essay, I argue that the “new Turkey” the AKP government is forcefully imposing on its citizens goes beyond a mere ideological transformation. It includes a full reorganization of the state’s security apparatus to consolidate an authoritarian and sectarian police state, thoroughly controlled by the AKP government under the leadership of President Recep Tayyip Erdoğan. The institutionalization of this police state is made possible through a physical war against Kurds that is legitimized by a war of discourse, the complete suppression of dissidence, and the manipulation of regional dynamics. In the rest of the essay, I will elaborate this argument by focusing on three disparate events that happened last week: the assassination of Tahir Elçi; the arrest of Can Dündar and Erdem Gül, two journalists at Cumhuriyet daily; and Turkey’s shooting down of a Russian military jet with the claim that it violated Turkish airspace. Although these events are independent of one another and thus there is seemingly no causal relationship among them, they come together as pieces of a rather discomforting, and even alarming, puzzle, indicating the deeper transformation toward building the “new Turkey.”
The Physical War against Kurds and the War of Discourse
The country is at war. It is a war of discourse through the constant and willful reproduction by state elites of the infamous friend-enemy binary. But also, it is an actual physical war brutally carried out through a state of emergency in the Kurdish southeastern and eastern Anatolia. The AKP government legitimizes this physical war against its Kurdish citizens through expansively launching a war of discourse against any form of dissidence. In other words, the AKP government has been strategically manipulating, since the 7 June elections, ethnic cleavages and societal fears, leading up to its electoral victory in the re-elections on 1 November.[1]
Following the suicide bombing in Suruç on 20 July that killed thirty-three and injured 104 people, and the killing of two policemen in Șanlıurfa (which was at first claimed by the PKK, although the group then denied responsibility for it), the ceasefire between the Turkish army and the PKK came to an abrupt end. Extensive and intensive securitization policies in what are defined as “special security zones” were quickly put to work in most of the cities and towns of the Kurdish southeast and east, directly targeting life itself. It is important to emphasize here that the state of emergency and curfews continue today.
The death toll increased rapidly during the period between 7 June and 1 November. A total of 229 civilians died and about 595 were injured in incidents not related to the armed struggle. Among these, 101 died and about four hundred were injured in the Ankara suicide bombing. A total of 150 soldiers, policemen, and village guards died and forty-two were injured during the armed struggle, while at the same time, 181 armed guerrilla members died and nineteen were injured. In addition, nine civilians died and 101 were injured as a result of the armed struggle.[2]
Despite the fact that state violence has been a common practice in Turkey since the establishment of the republic in 1923 (and even preceding the founding of the republic), this particular moment is distinctively different, mainly because of the changes made to the security apparatus of the state. Among these are the reorganization of the National Intelligence Organization (MIT) under the Council of Ministers and the expansion of the MIT’s access to personal and private information; the expansion of power given to government-appointed mayors over the deployment of security measures, particularly at the local level; and the reorganization of the police force. In other words, the governance of violence has been reorganized in ways toward institutionalizing a police state.
The war of discourse around the constant re-evocation of the friend-enemy binary that has brutally accompanied this physical war against Kurds since 7 June is only possible in this context of hyper-securitization. Such a war of discourse significantly confines the contours of any conversation about, and any political action for, peace, by effectively de-sanctifying any attempt to reason and mobilize. As such, the war of discourse has the ideological capacity to turn anything and everything that is considered a threat to the status quo of the party into an enemy of national unity and security, into a spy against the state. As loyalty to the party—and thus the state—has now become the overt doctrine of the AKP government in the name of assembling the nation together, the search for truth and justice is under severe attack.
Suppression of Dissidence
It is exactly in this context that Elçi became a prominent target, as someone who violated this desired and imagined state of loyalty of the citizen/subject to the party/state. In the aftermath of his remarks as part of a television discussion about the PKK not being a terrorist organization but rather an organization of Kurdish resistance, he became the target of a public verbal lynching and death threats. There was also a court order banning Elçi from international travel. As a symbol of “out-of-the-box” thinking who had the political ability to mediate between different positions through reason and a powerful language of peace, Elçi was systematically turned into a public enemy. His assassination therefore came as no surprise to many, as was painstakingly expressed by Selahattin Demirtaş, the co-leader of the HDP, at Elçi’s funeral.
A total of 5,713 people, the majority of whom are supporters of the Kurdish resistance movement, were taken into custody during the period between 7 June and 9 November. Of these, 1,004 were arrested. There were also attacks on party buildings of the HDP (People’s Democratic Party), as well as lynchings of HDP supporters and Kurdish citizens.[3] In other words, as the most vocal oppositional fraction and the most adamant supporter of freedoms in the Turkish public sphere today, the Kurdish movement and its supporters, Kurdish and Turkish alike, were at the center of this full-fledged attack on dissidence since the 7 June elections.
The arrest of Can Dündar, the editor-in-chief of Cumhuriyet daily, and Erdem Gül, the paper’s Ankara bureau chief, on 27 November came within this larger context of suppressing dissidence. The two journalists were charged with “spying” and “helping a terrorist organization without being active members of it” after alleging, through photos and video footage published at the newspaper, that Turkey’s intelligence agency sent arms to Islamist rebels in Syria. President Erdoğan personally filed charges against the newspaper, also threatening Dündar in an interview aired on the national television channel right before the November elections.
Regional Dynamics: Rojava and Re-Mapping the Borders
The charges filed against Dündar and Gül—that is, “spying” and “helping a terrorist organization”—demonstrate the highly expansive reach that the war of discourse has over dissidence in Turkey today. These terms have now become the legitimizing grounds for any (arbitrary) attack on freedom of expression. Turkey is ranked number 149 in press freedom out of 180 countries, according to Reporters Without Borders’ 2015 Press Freedom Index. The state of exception that was confined to the Kurdish southeastern and eastern Anatolia during the 1990s has now extended into the entire country.
Besides the actual physical war that the government has launched against its Kurdish citizens, the civil war taking place in Syria, which involves myriad international and regional actors with competing and conflicting interests, contributes to the government’s excessive suppression of dissidence. In fact, the government’s response to the allegations made by the daily Cumhuriyet was that the ammunition had been sent to Turkmens, instead of Islamist groups, fighting in Northern Syria.
There are two important factors that raise the AKP government’s stakes in the war in Syria. One is driven by the sectarian concern to establish a strong Sunni hand in the changing power order in Syria. The second is the government’s discomfort with the rising Kurdish power in Northern Syria, especially following the Rojava revolution. The Kurdish People’s Protection Units (YPG) is one of the most prominent factions powerfully fighting on the ground against the Islamist rebels, and particularly ISIS. The shooting down of a Russian jet by the Turkish army on 24 November should be interpreted in this context. Although the dynamics and factors behind Turkey’s decision to shoot down the plane are likely to be much more complicated than what appears in public, there are two implications of the decision.
First, it is a declaration—a rather too ambitious one—meant to re-position Turkey in the politico-military field beside the West as an imperial/powerful actor along the Cold War nexus. Bashar Al-Assad still remains in power despite Turkey’s staunch criticism of him since the beginning of the uprising in Syria, and the support Turkey has been giving to the quite heterogeneous and ambiguous mix of Syrian opposition groups that includes Islamist rebels of all factions. Moreover, Russia’s actual military involvement in Syria since September 2015 came as a significant challenge to Turkey’s attempt to limit the rising Kurdish power in Northern Syria, on one hand, and its support to Islamist rebels, on the other. Therefore, Turkey’s decision to shoot down the Russian military jet was part of an attempt to regain power in Syria.[4]
Second, it is also a subtle declaration aimed to position Turkey in the politico-religious field as the legitimate hegemonic actor vis-à-vis the Islamist rebels fighting in Syria. Putin immediately said that the shooting down of the plane “represents a stab in the back by the terrorists,” implying Turkey’s relationship with ISIS. Since then, allegations of Turkey’s relations with ISIS have been at the center of the cat-fight between Turkey and Russia. It would be naïve to think that Turkey acted without knowing that this action would heat up such a discussion. The dangerous pragmatism of the West (the most recent example of which is the agreement between Turkey and the EU to control the migrant and refugee flow) and the rise of Salafi jihadism across the world provide the AKP government the opportunity to attempt to position itself as the legitimate Sunni actor in the politico-religious field.
What Is Our Political Imaginary for the Future?
We are living through dark times, not only in Turkey, but also across the world. In the particular case of Turkey, what makes this juncture critical is that it underlines a deeper transformation of the state, but also of the nation. The state is being consolidated as an authoritarian police state, while at the same time the nation is re-engineered based on a sectarian imagination.
At this critical juncture, we should all earnestly ask ourselves the following questions: What is our political imaginary for the future? What kind of a country do we want to live in? What do we need to do to build such a future? Debating and answering these questions is much more pressing than ever. It is a time that urgently calls for an honest self-reflection about our societal fears. This requires a confrontation with historical injustices.
If the state is significantly failing to protect its citizens’ right to have rights—and thus the right to have a life—as equals, we are left with the political and moral responsibility of demanding it begin to do so, in full solidarity with one another despite our differences. Politics is not a kind of magic that happens to us tomorrow by some visible hand or power. Politics happens today through our deliberate choices to act or not to. Through silence and dismissal, we contribute to every death, to every bit of suffering, and to every other catastrophe.
NOTES
I would like to thank the Turkey Page editors for their useful comments in revising this essay.
[1] For a discussion of political parties’ strategic deployment of ethnic, racial, and religious cleavages toward political articulation, see Cihan Tugal, Cedric de Leon, and Manali Desai, “Political Articulation: Parties and the Constitution of Cleavages in the United States, India, and Turkey,” Sociological Theory 27:3 (2009): 193-219.
[2] See this report by the Human Rights Association (IHD).
[3] See this report by the Human Rights Association (IHD).
[4] See this essay by Metin Gurcan for an analysis of the incident.
Saudi Arabia to execute 52 prisoners, including juveniles, en masse
Reprieve | December 2, 2015
The government of Saudi Arabia is preparing to execute some 52 prisoners at once, including several juveniles arrested at protests, according to reports.
Several Arabic media outlets have this week reported official sources as saying that 52 prisoners are set to be executed in the near future. The reports appear to suggest that among those executed will be six youths arrested at protests in the country’s Eastern Province – including juveniles Ali al Nimr, Dawoud al-Marhoon and Abdullah al-Zaher. All three were tortured into bogus ‘confessions’ that would be used to convict them.
The reports say the 52 prisoners – all of whom were convicted in the secretive Specialized Criminal Court – will be executed across nine different cities in the Kingdom in a single day. They suggest that preparations for the executions will be made in the next two weeks. It appears that Sheikh Nimr – Ali’s uncle and an outspoken critic of the Saudi government – is among those set to be executed.
Sheikh Nimr and the juveniles are currently understood to be held in isolation, awaiting execution. All have reportedly recently been given an unexplained medical examination, and there are concerns that this could be a prelude to their being executed at any time. Abdullah – who was 15 when arrested – has recently been moved to a prison some 1,000km from his family, who are now unable to visit him.
The news comes amid outrage at separate plans by the Saudi authorities to execute Ashraf Fayadh, a Palestinian poet who was convicted of ‘apostasy.’ There have been widespread calls for the execution to be halted, including from the Palestinian Authority. Recent research by international human rights organization Reprieve has found that a large majority of those facing execution in Saudi Arabia were convicted of non-violent offences such as apostasy and political protest.
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UK Researchers: Tax Food to Reduce Climate Change
I doubt these professors have anything to fear from a food tax
By Eric Worrall | Watts Up With That? | November 19, 2016
A group of researchers in Oxford University, England have suggested that imposing a massive tax on carbon intensive foods – specifically protein rich foods like meat and dairy – could help combat climate change. […]
This proposal, from a group of people who have probably never missed a meal in their lives, is totally obscene. High income countries often have a lot of poor people who would be hard hit by increases in the price of food.
Needlessly exacerbating the risk poor people don’t get enough to eat, especially children and pregnant mothers, who are especially vulnerable to adverse health impacts from lack of protein in their diet – if this ghastly proposal is ever implemented, future generations will look upon it as a crime against humanity. – Read full article
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