law

1 Henry VI: capital punishment for fighting in the king’s palace

From William Shakespeare’s Henry VI, part 1 (III: 4):

Scene: Paris – The Palace

BASSET:

Villain, thou know’st the law of arms is such
That whoso draws a sword, ’tis present death,
Or else this blow should broach thy dearest blood.

Blackstone in his Commentaries (IV. 124): “By the ancient law … fighting in the king’s palace … was punished with death.”

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1 Henry VI: Astraea

From William Shakespeare’s Henry VI, part 1 (I: 6):

CHARLES:

Divinest creature, Astraea’s daughter,
How shall I honour thee for this success?

Astraea: in Greek religion and mythology, goddess of justice; daughter of Zeus and Themis. Because of the wickedness of man, she withdrew from the earth at the end of the Golden Age and was placed among the stars as the constellation Virgo.

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Living in a cave behind your house

From Reuters’s “Chinese fugitive leaves cave after 8 years” (5 October 2006):

A Chinese man wanted by police on gun charges has given himself up after hiding in a cave constructed at the back of his house for eight years, the official Xinhua news agency said.

The 35-year-old man from the southeastern city of Fuzhou had tunneled the cave out of a hill behind the bedroom of his house and had put a wardrobe in front of the entrance as a disguise, Xinhua said in a report seen on Thursday.

The man, named as Liu Yong, left the cave during the day to read, wash and watch television in the house, but went back into it at night, it said.

He told his wife he was hiding from debt collectors, the report said.

Xinhua said Liu was accused of attacking people with guns, but it didn’t give any more details.

Liu gave himself up to police on Tuesday after no longer being able to cope with the “psychological pressure”, Xinhua added.

Some of his accomplices have already been sentenced to death, it said.

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Maintaining control in a subdued country

From Louis Menard’s “From the Ashes: A new history of Europe since 1945” (The New Yorker [28 November 2005]: 168):

[Tony Judt, author of Postwar: A History of Europe Since 1945] notes that France, a country with a population of some forty million, was administered by fifteen hundred Nazis, plus six thousand Germen policemen. A skeleton team sufficed in the Netherlands as well.

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A prison completely run by the inmates

From Mica Rosenberg’s “Guatemala forces end 10-year prisoner rule at jail” (The Washington Post: 25 September 2006):

Guatemalan security forces took over a jail run for over 10 years by inmates who built their own town on prison grounds complete with restaurants, churches and hard-drug laboratories.

Seven prisoners died when 3,000 police and soldiers firing automatic weapons stormed the Pavon prison just after dawn on Monday.

Corrupt guards would only patrol the prison’s perimeter and run the administration section while an “order committee” of hardened inmates controlled the rest. They smuggled in food, drink and luxury goods.

“The people who live here live better than all of us on the outside. They’ve even got pubs,” said soldier Tomas Hernandez, 25.

Pet dogs, including a whining puppy, roamed the deserted prison grounds after the raid. One inmate kept a spider monkey captive, national prison officials said.

But with army helicopters clattering overhead, police backed up by armored cars transferred Pavon’s 1,600 inhabitants to another prison, ending their lives of ease.

The inmates who died were killed in a shootout at the two-story wooden chalet of a convicted Colombian drug trafficker knows as “El Loco,” or “The Madman.”

Blood was splattered on the house’s walls and floor. The Colombian had a widescreen television and high-speed Internet.

Pavon was one of the worst prisons in Guatemala’s penitentiary system, where common criminals, rival “mara” street gangs and drug traffickers often battle for control.

Police had not been into Pavon, on the edge of the town of Fraijanes, since 1996.

It was originally built for 800 inmates as a farm prison where prisoners could grow their own food. But the prison population grew over time and inmates began to construct their own homes on the grounds.

Guards let prisoners bring in whatever they wanted and inmates set up laboratories to produce cocaine, crack and liquor inside Pavon. …

Inmates extorted and kidnapped victims on the outside by giving orders via cell phone. …

They also killed Luis Alfonso Zepeda, a convicted murderer who headed the “order committee.”

Zepeda earned around $25,000 a month from extortion, renting out prison grounds to other inmates and drug trafficking, police said.

His son Samuel lived illegally inside the prison to help run the crime empire, even though he was never sent there by a court. …

Inmates ran at least two churches, one Catholic and the other Evangelical, and restaurants serving typical fare like stews and tortillas.

Stores controlled by the prisoners sold soft drinks and potato chips brought in from the outside.

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Warning signs of an incipient serial killer

From Wikipedia’s “MacDonald triad” (26 July 2006):

The MacDonald triad are three major personality traits in children that are said to be warning signs for the tendency to become a serial killer. They were first described by J. M. MacDonald in his article “The Threat to Kill” in the American Journal of Psychiatry.

  • Firestarting, invariably just for the thrill of destroying things.
  • Cruelty to animals. Many children can be cruel to animals, such as pulling the legs off of spiders, but future serial killers often kill larger animals, like dogs and cats, and frequently for their solitary enjoyment rather than to impress peers.
  • Bedwetting beyond the age when children normally grow out of such behaviour.

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How to wiretap

From Seth David Schoen’s “Wiretapping vulnerabilities” (Vitanuova: 9 March 2006):

Traditional wiretap threat model: the risks are detection of the tap, and obfuscation of content of communication. …

POTS is basically the same as it was 100 years ago — with central offices and circuit-switching. A phone from 100 years ago will pretty much still work today. “Telephones are a remarkable example of engineering optimization” because they were built to work with very minimal requirements: just two wires between CO and the end subscriber, don’t assume that the subscriber has power, don’t assume that the subscriber has anything else. There is a DC current loop that provides 48 V DC power. The current loop determines the hook switch state. There’s also audio signalling for in-band signalling from phone to CO — or from CO to phone — or for voice. It all depends on context and yet all these things are multiplexed over two wires, including the hook state and the audio signalling and the voice traffic.

If you wanted to tap this: you could do it in three different ways.

* Via the local loop (wired or wireless/cellular).
* Via the CO switch (software programming).
* Via trunk interception (e.g. fiber, microwave, satellite) with demultiplexing.

How do LEAs do it? Almost always at local loop or CO. (By contrast, intelligence agencies are more likely to try to tap trunks.)

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The real solution to identity theft: bank liability

From Bruce Schneier’s “Mitigating Identity Theft” (Crypto-Gram: 15 April 2005):

The very term “identity theft” is an oxymoron. Identity is not a possession that can be acquired or lost; it’s not a thing at all. …

The real crime here is fraud; more specifically, impersonation leading to fraud. Impersonation is an ancient crime, but the rise of information-based credentials gives it a modern spin. A criminal impersonates a victim online and steals money from his account. He impersonates a victim in order to deceive financial institutions into granting credit to the criminal in the victim’s name. …

The crime involves two very separate issues. The first is the privacy of personal data. Personal privacy is important for many reasons, one of which is impersonation and fraud. As more information about us is collected, correlated, and sold, it becomes easier for criminals to get their hands on the data they need to commit fraud. …

The second issue is the ease with which a criminal can use personal data to commit fraud. …

Proposed fixes tend to concentrate on the first issue — making personal data harder to steal — whereas the real problem is the second. If we’re ever going to manage the risks and effects of electronic impersonation, we must concentrate on preventing and detecting fraudulent transactions.

… That leaves only one reasonable answer: financial institutions need to be liable for fraudulent transactions. They need to be liable for sending erroneous information to credit bureaus based on fraudulent transactions.

… The bank must be made responsible, regardless of what the user does.

If you think this won’t work, look at credit cards. Credit card companies are liable for all but the first $50 of fraudulent transactions. They’re not hurting for business; and they’re not drowning in fraud, either. They’ve developed and fielded an array of security technologies designed to detect and prevent fraudulent transactions.

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14 governments the US has overthrown in 110 years

From Robert Sherrill’s “100 (Plus) Years of Regime Change” (The Texas Observer: 14 July 2006):

[Stephen Kinzer’s] Overthrow is an infuriating recitation of our government’s military bullying over the past 110 years – a century of interventions around the world that resulted in the overthrow of 14 governments – in Hawaii, Cuba, the Philippines, Puerto Rico, Vietnam, Guatemala, Nicaragua, Honduras, Panama, Chile, Iran, Grenada, Afghanistan, and … Iraq. …

Most of these coups were triggered by foreign combatants and then taken over and finished by us. But four of them, in many ways the worst of the lot, were all our own, from conspiracy to conclusion. American agents engaged in complex, well-financed campaigns to bring down the governments of Iran, Guatemala, South Vietnam, and Chile. None would have fallen – certainly not in the same way or at the same time – if Washington had not acted as it did.

Each of these four coups was launched against a government that was reasonably democratic (with the arguable exception of South Vietnam) …. They led to the fall of leaders who embraced American ideals, and the imposition of others who detested everything Americans hold dear. They were not rogue operations. Presidents, cabinet secretaries, national security advisers, and CIA directors approved them …. The first thing all four of these coups have in common is that American leaders promoted them consciously, willfully, deliberately, and in strict accordance with the laws.

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Where we are technically with DRM

From Nate Anderson’s “Hacking Digital Rights Management” (Ars Technica: 18 July 2006):

The attacks on FairPlay have been enlightening because of what they illustrate about the current state of DRM. They show, for instance, that modern DRM schemes are difficult to bypass, ignore, or strip out with a few lines of code. In contrast to older “patches” of computer software (what you would generally bypass a program’s authorization routine), the encryption on modern media files is pervasive. All of the software mentioned has still required Apple’s decoding technology to unscramble the song files; there is no simple hack that can simply strip the files clean without help, and the ciphers are complex enough to make brute-force cracks difficult.

Apple’s response has also been a reminder that cracking an encryption scheme once will no longer be enough in the networked era. Each time that its DRM has been bypassed, Apple has been able to push out updates to its customers that render the hacks useless (or at least make them more difficult to achieve).

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DRM converts copyrights into trade secrets

From Mark Sableman’s “Copyright reformers pose tough questions” (St. Louis Journalism Review: June 2005):

It goes by the name “digital rights management” – the effort, already very successful, to give content owners the right to lock down their works technologically. It is what Washington University law professor Charles McManis has characterized as attaching absolute “trade secret” property-type rights to the content formerly subject to the copyright balance between private rights and public use.

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The CIA’s ‘black sites’ hide terror suspects around the world

From Dana Priest’s “CIA Holds Terror Suspects in Secret Prisons” (The Washington Post: 2 November 2005):

The CIA has been hiding and interrogating some of its most important al Qaeda captives at a Soviet-era compound in Eastern Europe, according to U.S. and foreign officials familiar with the arrangement.

The secret facility is part of a covert prison system set up by the CIA nearly four years ago that at various times has included sites in eight countries, including Thailand, Afghanistan and several democracies in Eastern Europe, as well as a small center at the Guantanamo Bay prison in Cuba, according to current and former intelligence officials and diplomats from three continents.

The hidden global internment network is a central element in the CIA’s unconventional war on terrorism. It depends on the cooperation of foreign intelligence services, and on keeping even basic information about the system secret from the public, foreign officials and nearly all members of Congress charged with overseeing the CIA’s covert actions.

The existence and locations of the facilities — referred to as “black sites” in classified White House, CIA, Justice Department and congressional documents — are known to only a handful of officials in the United States and, usually, only to the president and a few top intelligence officers in each host country. …

Virtually nothing is known about who is kept in the facilities, what interrogation methods are employed with them, or how decisions are made about whether they should be detained or for how long.

While the Defense Department has produced volumes of public reports and testimony about its detention practices and rules after the abuse scandals at Iraq’s Abu Ghraib prison and at Guantanamo Bay, the CIA has not even acknowledged the existence of its black sites. To do so, say officials familiar with the program, could open the U.S. government to legal challenges, particularly in foreign courts, and increase the risk of political condemnation at home and abroad. …

Although the CIA will not acknowledge details of its system, intelligence officials defend the agency’s approach, arguing that the successful defense of the country requires that the agency be empowered to hold and interrogate suspected terrorists for as long as necessary and without restrictions imposed by the U.S. legal system or even by the military tribunals established for prisoners held at Guantanamo Bay. …

It is illegal for the government to hold prisoners in such isolation in secret prisons in the United States, which is why the CIA placed them overseas, according to several former and current intelligence officials and other U.S. government officials. Legal experts and intelligence officials said that the CIA’s internment practices also would be considered illegal under the laws of several host countries, where detainees have rights to have a lawyer or to mount a defense against allegations of wrongdoing. …

More than 100 suspected terrorists have been sent by the CIA into the covert system, according to current and former U.S. intelligence officials and foreign sources. This figure, a rough estimate based on information from sources who said their knowledge of the numbers was incomplete, does not include prisoners picked up in Iraq.

The detainees break down roughly into two classes, the sources said.

About 30 are considered major terrorism suspects and have been held under the highest level of secrecy at black sites financed by the CIA and managed by agency personnel, including those in Eastern Europe and elsewhere, according to current and former intelligence officers and two other U.S. government officials. Two locations in this category — in Thailand and on the grounds of the military prison at Guantanamo Bay — were closed in 2003 and 2004, respectively.

A second tier — which these sources believe includes more than 70 detainees — is a group considered less important, with less direct involvement in terrorism and having limited intelligence value. These prisoners, some of whom were originally taken to black sites, are delivered to intelligence services in Egypt, Jordan, Morocco, Afghanistan and other countries, a process sometimes known as “rendition.” While the first-tier black sites are run by CIA officers, the jails in these countries are operated by the host nations, with CIA financial assistance and, sometimes, direction. …

The top 30 al Qaeda prisoners exist in complete isolation from the outside world. Kept in dark, sometimes underground cells, they have no recognized legal rights, and no one outside the CIA is allowed to talk with or even see them, or to otherwise verify their well-being, said current and former and U.S. and foreign government and intelligence officials. …

Among the first steps was to figure out where the CIA could secretly hold the captives. One early idea was to keep them on ships in international waters, but that was discarded for security and logistics reasons.

CIA officers also searched for a setting like Alcatraz Island. They considered the virtually unvisited islands in Lake Kariba in Zambia, which were edged with craggy cliffs and covered in woods. But poor sanitary conditions could easily lead to fatal diseases, they decided, and besides, they wondered, could the Zambians be trusted with such a secret? …

The largest CIA prison in Afghanistan was code-named the Salt Pit. It was also the CIA’s substation and was first housed in an old brick factory outside Kabul. In November 2002, an inexperienced CIA case officer allegedly ordered guards to strip naked an uncooperative young detainee, chain him to the concrete floor and leave him there overnight without blankets. He froze to death, according to four U.S. government officials. The CIA officer has not been charged in the death. …

The CIA program’s original scope was to hide and interrogate the two dozen or so al Qaeda leaders believed to be directly responsible for the Sept. 11 attacks, or who posed an imminent threat, or had knowledge of the larger al Qaeda network. But as the volume of leads pouring into the CTC from abroad increased, and the capacity of its paramilitary group to seize suspects grew, the CIA began apprehending more people whose intelligence value and links to terrorism were less certain, according to four current and former officials.

The original standard for consigning suspects to the invisible universe was lowered or ignored, they said. “They’ve got many, many more who don’t reach any threshold,” one intelligence official said.

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Favelas, the slums of Rio De Janeiro

From Alex Bellos’s “Coke. Guns. Booty. Beats.” (Blender: June 2005):

In the slums of Rio De Janeiro, drug lords armed with submachine guns have joined forces with djs armed with massive sound systems and rude, raunchy singles. Welcome to the most exciting—and dangerous—underground club scene in the world. …

Rio de Janeiro, Brazil, is the glamorous city of Carnival, the statue of Christ the Redeemer and Copacabana beach. But the poorest fifth of its residents – about a million people, many of them black – live in the favelas, the claustrophobic brick shantytowns that cover the hills and sprawl chaotically out for miles into its outskirts. In the favelas, the city police have effectively relinquished control to armed drugs factions, who run their territory according to their own strict codes. Estimates put the number of young men involved in drug trafficking at between 20,000 and 100,000. It’s just like the movie City of God – only much more violent.

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Conservatives are more ruthless than liberals

From Alan Wolfe’s “Why Conservatives Can’t Govern” (The Washington Monthly: July/August 2006):

Political parties expend the time and grueling energy to control government for different reasons. Liberals, while enjoying the perquisites of office, also want to be in a position to use government to solve problems. But conservatives have different motives for wanting power. One is to prevent liberals from doing so; if government cannot be made to disappear, at least it can be prevented from doing any good. The other is to build a political machine in which business and the Republican Party can exchange mutual favors; business will lavish cash on politicians (called campaign contributions) while politicians will throw the money back at business (called public policy). …

Historically and philosophically, liberals and conservatives have disagreed with each other, not only over the ends political systems should serve, but over the means chosen to serve those ends. Whether through the ideas of James Madison, Immanuel Kant, or John Stuart Mill, liberals have viewed violent conflict as regrettable and the use of political institutions as the best way to contain it. Conservatives, from the days of Machiavelli to such twentieth-century figures as Germany’s Carl Schmitt, have, by contrast, viewed politics as an extension of war, complete with no-holds-barred treatment of the enemy, iron-clad discipline in the ranks, cries of treason against those who do not support the effort with full-throated vigor, and total control over any spoils won. From a conservative point of view, separation of powers is divisive, tolerance a luxury, fairness another word for weakness, and cooperation unnecessary. If conservatives will not use government to tame Hobbes’ state of nature, they will use it to strengthen Hobbes’ state of nature. Victory is the only thing that matters, and any tactic more likely to produce victory is justified.

The K Street Project, then, did not arise spontaneously out of the ether. When Republicans in Congress began to inform lobbyists that in return for influence they would have to fire all the Democrats in their firms, they may have broken with long-standing traditions, but they were simply carrying forward politics-as-warfare the way conservative political philosophers have historically understood it. Liberals do not generally have objections to working with conservatives; indeed, having conservatives sign off on any expansion of government adds to the legitimacy of that expansion. But conservatives tend to see working with liberals as corrupting; in the immortal words of conservative activist Grover Norquist, “bipartisanship is another name for date rape.” K Street is to lobbying what Fox News is to journalistic objectivity. In the world that contemporary conservatives have brought into being, rules are not applicable to all parties to a conflict. Rules are part of the conflict, and whoever wins the conflict gets to change the rules.

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FBI used OnStar for surveillance

From Charles R. Smith’s “Big Brother on Board: OnStar Bugging Your Car“:

GM cars equipped with OnStar are supposed to be the leading edge of safety and technology. …

However, buried deep inside the OnStar system is a feature few suspected – the ability to eavesdrop on unsuspecting motorists.

The FBI found out about this passive listening feature and promptly served OnStar with a court order forcing the company to give it access. The court order the FBI gave OnStar was not something out of the Patriot Act involving international terrorism or national security but a simple criminal case.

According to court records, OnStar complied with the order but filed a protest lawsuit against the FBI.

Yet the FBI was able to enforce the original legal order and completed its surveillance because OnStar’s lawsuit took nearly two years to pass through the court system.

The 9th Circuit Court of Appeals recently ruled in OnStar’s favor. The ruling was not based on invasion-of-privacy grounds or some other legitimate constitutional basis. The FBI lost because the OnStar passive listening feature disables the emergency signal, the very life-saving call for help that the advertisements tout as the main reason to purchase the system. …

The technical problem of blocking the emergency signal is clearly one that the FBI tech teams can overcome. Thus, under the current ruling, the FBI can resume using OnStar to monitor subject vehicles once it has solved the emergency issue.

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Illegality practices by the US in the “War on Terror”

From Tony Judt’s “The New World Order” (The New York Review of Books: 14 July 2005):

The unrepublican veneration of our presidential “leader” has made it uniquely difficult for Americans to see their country’s behavior as others see it. The latest report from Amnesty International – which says nothing that the rest of the world doesn’t already know or believe but which has been denied and ridiculed by President Bush – is a case in point. The United States “renders” (i.e., kidnaps and hands over) targeted suspects to third-party states for interrogation and torture beyond the reach of US law and the press. The countries to whom we outsource this task include Egypt, Saudi Arabia, Jordan, Syria (!), Pakistan – and Uzbekistan. Where outsourcing is impractical, we import qualified interrogators from abroad: in September 2002 a visiting Chinese “delegation” was invited to participate in the “interrogation” of ethnic Uighur detainees held at Guantánamo.

At the US’s own interrogation centers and prisons in Iraq, Afghanistan, and Guantánamo Bay, at least twenty-seven “suspects” have been killed in custody. This number does not include extrajudicial, extraterritorial “targeted assassinations”: a practice inaugurated by Benito Mussolini with the murder of the Rosselli brothers in Normandy in 1937, pursued with vigor by Israel, and now adopted by the Bush administration. The Amnesty report lists sixty alleged incarceration and interrogation practices routinely employed at US detention centers, Guantánamo in particular. These include immersion in cold water to simulate drowning, forced shaving of facial and body hair, electric shocks to body parts, humiliation (e.g., being urinated upon), sex-ual taunting, the mocking of religious belief, suspension from shackles, physical exertion to the point of exhaus-tion (e.g., rock-carrying), and mock execution.

Any and all of these practices will be familiar to students of Eastern Europe in the Fifties or Latin America in the Seventies and Eighties – including the reported presence of “medical personnel.” But American interrogators have also innovated. One technique has been forcibly to wrap suspects – and their Korans – in Israeli flags: a generous gesture to our only unconditional ally, but calculated to ensure that a new generation of Muslims worldwide will identify the two countries as one and hate them equally.

All of these practices – and many, many others routinely employed at Guantánamo, at Kandahar and Bagram in Afghanistan, at al-Qaim, Abu Ghraib, and elsewhere in Iraq – are in breach of the Geneva Conventions and the UN Convention against Torture, to both of which the US is a signatory

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Fouche’s daily list for Napoleon

From Central Missouri State University’s “Joseph Fouche“:

Fouché established an organization of policing and intelligence gathering that was decades ahead of its time. Napoleon, frequently on military campaigns, depended on Fouché’s information to maintain control over France and his military effectiveness. Six days a week, every week, Fouché sent secret reports to Napoleon. The information represented an incredible array of topics:

1. Palace gossip.

2. Audience reaction to a new play.

3. Stock market prices.

4. Desertions from the army.

5. Arrests of foreign agents.

6. Results of interrogations.

7. News of crime.

8. Offenses by soldiers.

9. Fires.

10. Rebellion against the Gendarmarie.

11. Intercepted correspondence.

12. Visiting personages.

13. Public reception of news of victories.

14. Shipping news.

15. Indiscretions of Fouché’s enemies.

16. Contractor’s tenders.

17. Agitation against the draft.

18. Suicides.

19. Prison epidemics.

20. Progress of construction.

21. Unemployment figures.

22. Extracts from inter-ministerial correspondence.

23. Persons detained or under special surveillance (Stead, 1983, pp. 41-48).

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Why disclosure laws are good

From Bruce Schneier’s “Identity-Theft Disclosure Laws” (Crypto-Gram Newsletter: 15 May 2006):

Disclosure laws force companies to make these security breaches public. This is a good idea for three reasons. One, it is good security practice to notify potential identity theft victims that their personal information has been lost or stolen. Two, statistics on actual data thefts are valuable for research purposes. And three, the potential cost of the notification and the associated bad publicity naturally leads companies to spend more money on protecting personal information — or to refrain from collecting it in the first place.

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L.A. police using drones to spy on citizens

From Zachary Slobig’s “Police launch eye-in-the-sky technology above Los Angeles” (AFP: 17 June 2006):

Police launched the future of law enforcement into the smoggy Los Angeles sky in the form of a drone aircraft, bringing technology most commonly associated with combat zones to urban policing.

The unmanned aerial vehicle, which looks like a child’s remote control toy and weighs about five pounds (2.3 kilograms), is a prototype being tested by the Los Angeles County Sheriff’s Department. …

“This technology could be used to find missing children, search for lost hikers, or survey a fire zone,” said Commander Sid Heal, head of the Technology Exploration Project of the Los Angeles County Sheriff’s Department. “The ideal outcome for us is when this technology becomes instrumental in saving lives.”

The SkySeer would also be a helpful tool to nab burglary suspects on rooftops and to chase down suspects fleeing on foot. The drone comes equipped with low-light and infrared capabilities and can fly at speeds up to 30 miles (48 kilometers) per hour for 70 minutes. …

A small camera capable of tilt and pan operations is fixed to the underside of the drone which sends the video directly to a laptop command station. Once launched, the craft is set to fly autonomously with global positioning system (GPS) coordinates and a fixed flight pattern.

As technology improves, the drone will be outfitted with zoom capabilities. For now, the craft simply flies lower to hone in on its target. …

“The plane is virtually silent and invisible,” said Heal. “It will give us a vertical perspective that we have never had.”

The Los Angeles Sheriff’s Department operates a fleet of 18 helicopters, priced between three and five million dollars each. The SkySeer will cost between 25,000 and 30,000 dollars.

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