Police and Data: Responsa

I would never have expected to receive responses to a dry-as-dust piece on police and data. The blog must have touched a sensitive button. Not so much on the big issue of data, data crime and surveillance, but on issues with which the reader could easily identify – such as controlling vehicle speeds on residential streets.

Some responses were matters of additional information. With respect to traffic calming methods rather than enforcement, I believed that I had provided an extensive list. The techniques I listed were just a drop in the bucket. I could have added the following measures to the list: speed humps (wider than bumps) and tables (wider still) as well as speed trays (bumps arranged like an inverted ice cube tray); mid-block barriers; raised crosswalks and intersections; cobblestone streets; circles, roundabouts, centre islands, chicanes (I had never heard the word before; they narrow a road at strategic places to slow traffic), chokers and neckdowns – chicanes at intersections; and, most interesting of all to me, illusory markings. It is worth writing a blog just to learn about the creativity of traffic engineers.

I was informed that in Norway and Britain, automated digital photo radar is used extensively. In Alberta, photo radar is used. However, without driver identification, unless an officer manning the radar can stop and identify the driver, only the owner of the vehicle can be held responsible for the fine. But without driver identification, no demerit points can be issued.  So why man the camera? I was also informed by another reader that reduction in speeds (say from 30 to 25 mph or 40 to 35 kph) actually reduces speeds to only 29 mph or 39 kph. Signs which show your speed do not work in decreasing that speed, but when accompanied by memes, that frown if you are speeding and smile if you go under the speed limit, do work. Another reader informed me of the opposite – that signs showing speeds without memes do indeed work. I did not do my research to ascertain which claim was correct. Does any reader know?

However, the greater the number of signs, evidently the less effective any of them are. Warning signs are evidently ineffective and, surprising to me, stop signs are counter-productive – drivers speed up to make up for lost time at the intersection. Four way stops also contribute to increased car pollution with every additional stop and go.

Of course, we could simply build the technology into a vehicle to prevent it from going over a posted speed limit. But in our world prioritizing individual rights, such a simple and inexpensive device belongs to a sci-fi world.

In the responses on a whole different level, I was chastised for being too lost in the clouds of philosophy and principles with little practical experience of the way cops behaved on the street. Cases of cops readily killing civilians were cited, most recently the case of the Sacramento police shooting and killing a young Black American in his grandmother’s backyard because they believed his cell phone was a gun pointed at them. Twenty shots were fired by the two police officers. One writer cited this as another case of American racism without noting that the police chief in Sacramento is Black. So was one of the two police officers doing the shooting.

Interestingly, the evidence for the shooting came from the body cameras on the police used for surveillance of police activity. Unfortunately, and questionably, the police afterwards turned off the audio and video recording by pressing mute when other officers arrived. This incident may have more to do with the readiness to use guns in the gun culture so central to America than with the deep-seated racism of America. Further, instead of police having as their priority protecting the safety and security of members of civil society and their property, the police adopt the values of a military culture where fear for their own safety and protecting their own security sets the priority for their responses.

I want to defend myself against the charge of innocence about life in the streets as I get lost in the clouds of abstract principles and philosophy. When I was a teenager, we lived a block away from a police station. We often heard the shrieks of those arrested as they were supposedly beaten by police. “Supposed” is a euphemism for lack of direct evidence through witnessing. However, when some of the police joined the crowd next door to peer at the small television screen, they would often boast about how they dealt out “justice’ to “criminals.” However, when I was indicted for a criminal offence as a young teenager (for scalping tickets) and was convicted, when I was arrested, I was treated fairly and with respect.

This was not true of two of my sons much later. One was arrested and handcuffed in his own home for evidently going through a stop sign three blocks from his home and failing to stop when signalled to do so by a police car following him which he had failed to notice. Another was arrested at the age of 13 or 14, cuffed and taken upstairs for hours of interrogation when we brought him into the police station because another youth had named him as the perpetrator of an assault and robbery of Halloween candies. The fact that my son was six inches taller than the description provided to the police by the accuser, the fact that he had five witnesses to testify that he was elsewhere on Halloween night nowhere near the alleged offence, seemed of no consequence as the detectives seemed committed to getting him to confess and undertook no investigation. After eight months, three appearances in court and huge legal bills, the charges were withdrawn.

Most recently, when I was assaulted physically in my own home, the police were very considerate and patient and went out of their way to be helpful, but they did advise that I not press charges, for the assailant claimed that I had attacked him. They would have to charge us both if I insisted on pressing charges. Better, they suggested, to let it drop, especially since my alleged assailant would likely just get off with his wrist slapped.

I am well aware that police are not paragons of virtue or the best expressions of the principles they are purportedly committed to uphold. But my issue was the theory of policing and its functioning in a society of large data, data crime on a large scale, and taking place in an increasingly surveillance culture. Nor am I unaware of the use of surveillance in the days pre-dating the collection of large scale data.

When I was a student at the University of Toronto and a leader in the nuclear disarmament movement, one of my philosophy professors asked me to come to his office. In that meeting he told me that he had been asked to come to speak to the RCMP. As it turned out, they wanted to question him about me.

On the desk of the detective was a file about 4” thick with material on my activities. He told them nothing because he knew nothing. But he was kindly and wanted to warn me.

I was not surprised. At our demonstrations, there was always a plain-clothed police officer – so evident, he might as well have worn a uniform – who, while participating in or observing the demonstration, took notes and pictures. I always made a point of welcoming him and asking him if I could do anything to help or involve him. After all, no one else was interested in recording my life for posterity. Later on, when the RCMP was running amuck to stop the Quebec separatists, they also torched our research institute on Huron Street, but only after collecting the files and sending them to the then editor of the Sun newspaper.

I could go on with other stories. I merely want to indicate that I am far from innocent of what takes place on the ground. I do not know the extent of the failure of police to uphold the principle of protecting and serving civil society, but I do recognize the discrepancy between practice and principles. The fact that practices fail to live up to principles is not a reason for cynicism or for failing to attempt to articulate what the role and principles of policing should be in the new large data world of algorithms and wide-scale electronic surveillance. Personal untoward experiences should not shade one’s eyes to the fact that the police, and other civil service policing establishments, are extremely underfunded and undertrained to combat the rapidly increasing criminality in this sphere, a criminality that even threatens the fundamentals of our democratic institutions.

Corruption of police on both the local level and on a national level in the U.S. is pervasive. Readers of my blog know that I winter in San Pancho in Mexico. It is an area that is very safe and up until two years ago did not even have a police force. However, many areas of Mexico are unsafe; the numbers of killings recorded are more similar to war zones like Iraq and Syria. Recently, two police officers received 25-year prison sentences for killing newspaper owner Moisés Sánchez in Veracruz, Mexico, in 2015. The local mayor – who allegedly ordered the murder – is a fugitive. Six police officers, believed widely to be part of a drug gang under the control of the mayor, have not been prosecuted even though the entire police force (36 officers) of Medellín de Bravo were questioned. Perhaps, the six were not charged because of the common conspiracy of silence practiced among members of the police.

However, I believe the situation is 25% as dangerous in the U.S., yet we rarely consider not travelling to the U.S. because of violence. In Mexico in 2017, almost 30,000 people were murdered by guns and other means in a population of 130 million at a rate of about 23 for each 100,000 in population. The U.S. total of homicides by guns alone was about 35,000 of a population of 326 million or just over 10 per 100,000 population. However, over half were self inflicted suicides. On the other hand, if non-gun violence is included, the total of violent deaths rises to almost 41,000, and the rate of killings is about 5 per 100,000. Compare that to Canada with just over 600 violent murders for a population of 37 million. Given the American experience, we could expect over 4,000. If Mexico has a violent death rate of almost 5 times that of the U.S., the U.S. has a violent death rate of over 7 times that of the peaceable kingdom to the north.

Mexico has its violent gangs and drug cartels concentrated in specific areas; the actual rate of violence in those high-risk areas is much higher. On the other hand, gun violence in the U.S. is far less unevenly distributed. More significantly, the rate of violence in the U.S. is directly correlated with its gun culture far more than the degree of criminality. Take the example of the billionaire, Robert Mercer, the backer of Breitbart News, heavy contributor to the Trump presidential campaign and the financier behind Cambridge Analytica. He is not only the owner of gun companies (Center Firearms and PTR Industries in South Carolina), but is himself a voluntary police officer for at least six days a year in the Town of Lake Arthur with a population of only 433. Such a position allows him to carry a concealed weapon virtually anywhere in the U.S. because a Congressional law passed in the Bush junior administration in 2004, the Law Enforcement Officers Safety Act, allows police to carry concealed weapons anywhere in the U.S without any need to acquire a local license. In the U.S., as discussed in previous blogs, any civilian can shoot another person if they have a reasonable belief that his or her life was at risk.

Neither the police in America nor American civil society endorse the principle that police enforcement is directed at serving and protecting civil society. Quite the reverse; in many areas the doctrine is that police and civilian self-protection are the priorities. Given this focus, it is unlikely that police agencies will be funded or encouraged to combat data crimes. The privacy of individuals and the right to self-protection takes precedence. The public is also jaundiced against the police in many western and eastern seaboard states just when the internet, once associated with anonymity, is now associated with surveillance, and distrust of that surveillance. Putting the police in charge of supervising that surveillance appears to many a risk that they are not willing to take to fund police to protect and to serve.

The principles governing police activity are actually very simple. Police enforcement, though administered by governments, exists to serve and protect civil society. To the extent that police are turned into government enforcers, or to the extent they are viewed as militant members of an individualist Wild West, in neither case can they serve their primary function. That primary function requires educating police in this ethos, and funding and equipping and training them to fight the most extensive and threatening criminality now extant, that of large scale data crimes.

With the help of Alex Zisman

 

With the help of Alex Zisman

 

Next: Data and Health

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