Going Electronic, Denver Reveals Long-Term Surveillance
Saturday, 21 December, 2002
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DENVER, Dec. 14 -- The Denver police have gathered information on unsuspecting local activists since the 1950's, secretly storing what they learned on simple index cards in a huge cabinet at police headquarters.
When the cabinet filled up recently, the
police thought they had an easy solution. For $45,000, they bought a powerful
computer program from a company called Orion Scientific Systems. Information on
3,400 people and groups was transferred to software that stores, searches and
categorizes the data.
Then the trouble began.
After the police decided to share the fruits
of their surveillance with another local department, someone leaked a printout
to an activist for social justice, who made the documents public. The mayor
started an investigation. People lined up to obtain their files. Among those the
police spied on were nuns, advocates for American Indians and church
organizations.
To make matters worse, the software called
many of the groups "criminal extremists."
"I wasn't threatened in any way by them
watching," said Dr. Byron Plumley, who teaches religion and social values at
Regis University in Denver, and discovered that the police had been keeping
information about his activities against war. "But there's something different
about having a file. If the police say, `Aha, he belongs to a criminal extremist
organization,' who's going to know that it's the American Friends Service
Committee, and we won the Nobel Peace Prize?"
The incident has highlighted some pitfalls
of police intelligence software, which has been hailed widely as a major tool in
the war against terrorism. One of Orion's newest clients, in fact, is the New
York City Police Department, where 200 people in the intelligence division are
being trained to use the program, according to city records and Orion officials.
The New York police, who paid $744,707 for
an updated version known as Investigations III+, would not say just how they
planned to use the system. But Eric Zidenberg, an Orion vice president, said,
"They have been a sponge, ready to learn as much as they possibly can."
Beyond the issues of technology, though, the
episode has prompted a debate in Denver over the merits of such intelligence
gathering.
Many other big cities and the federal
government imposed restrictions on police snooping after spying scandals decades
ago. In some of those places, including New York, the authorities are now trying
to remove the restraints. Denver has been in the unique position of debating
post-Sept. 11 privacy and security in the heat of a spying scandal, and not
everyone thinks the police should be restricted.
"I think it's imperative after 9/11 that the
police department and security agencies have an obligation to track suspicious
people, in order to keep the citizenry alive," said Councilman Ed Thomas, who
argued against restrictions. In a City Council debate, Mr. Thomas waved a list
of the dead at the World Trade Center to emphasize his point.
The Council nevertheless passed a resolution
imposing restrictions on police intelligence.
"There is a role for intelligence
gathering," said Mayor Wellington E. Webb, who has said he did not know that the
police were spying on peaceful citizens in his 11 years in office. "There isn't
a role for intelligence gathering on Catholic nuns."
The controversy began last March at a
gathering place for Denver activists for a variety of causes, the Human Bean
coffee shop. Stephen Nash, a local glazier, was attending a meeting of Amnesty
International when, he said, the shop owner told him, "There was a salesman here
earlier, and he left this for you."
The package contained printouts from the
Denver Police Department's Orion software about Mr. Nash and his wife, Vicki.
The unusual thing was that the file had come from nearby Golden, where police
detectives looking into a vandalism incident during a protest had received
information from Denver's intelligence files.
"We realized the police were actually
spreading false information about us to other police departments -- that we were
members of a `criminal extremist' organization," Mr. Nash said.
He took the documents to the American Civil
Liberties Union and sued the Denver police, setting off a series of continuing
disclosures about police spying dating back decades. Police officers have
admitted in depositions that they made up rules for monitoring organizations,
sometimes deciding to create files on people who merely spoke at rallies.
Policy guidelines that would have prevented
spying on ordinary citizens not suspected of criminal wrongdoing sat in the desk
of the captain who was head of the police intelligence bureau, never
implemented, according to a deposition by Deputy Chief David Abrams.
Among those monitored by the police were Dr.
Plumley and his wife, Shirley Whiteside, who ran a soup kitchen in Denver. Marge
Taniwaki, who was interned with her parents in a Japanese-American camp in World
War II, had a police file, as did her former husband, from whom she had long
been divorced. His only connection, she said, was that he owned the car that she
drove to a protest.
Sister Antonia Anthony, a 74-year-old nun
who has taught destitute Indians in this country and Mexico, was monitored for
her activities with a nonviolent group advocating for Indians in Chiapas,
Mexico.
"In a democracy, people have to speak out
against evil," said Sister Antonia. But, she added, discovering that the police
had kept a file on her put fear in her mind. "I have to admit," she said, "I'm
really cautious on the road now. You're already on a list, you're `known' to
police."
Orion officials say they trained the police
to use the program, but some officers say they had no training. Working under
the direction of the Denver police intelligence bureau secretary, officers
classified organizations like the American Friends Service Committee as
"criminal extremist" groups, one of the choices offered in a pull-down menu by
the software. Orion says the classification is no longer part of the program.
David Pontarelli, a detective in the
intelligence bureau, defended the characterization, saying in a deposition,
"They have been linked to activities that involved extremist activity, criminal
activities." The police said that each officer had used his own judgment in
characterizing a group and that it had often been labeled "criminal extremist"
because it did not seem to fit any other choices.
In addition to their intelligence files, the
police entered in the database the names of troubled, but unprosecuted, students
in Denver schools, along with the names of those who obtained permits to carry
concealed guns, and, inexplicably, people who had received honorariums from the
Police Department.
Orion got its start two decades ago
developing an analysis tool for the Defense Advanced Research Projects Agency,
where a new office run by Adm. John Poindexter is developing controversial plans
to gather vast amounts of personal information as a means to hunt terrorists.
With the Pentagon's approval, Orion says, it
began selling a revamped version of its tool to law enforcement agencies in the
early 1990's, with little success at first.
Then California state officials hired Orion
to develop an easy-to-use database for identifying suspected gang members by
their tattoos and other telltale signs. Now being used by 14 states, the system,
GangNet, remains controversial in California, where youth advocates say the
information fed into the database by law enforcement officials is riddled with
wrong or outdated information that can lead officials to falsely believe someone
belongs to a gang.
Orion's Investigations, now being used by 20
local law enforcement agencies, lets officials enter information about people,
groups and incidents. The data can then be searched and linked, with charts that
draw lines to illustrate interconnections.
The company's sales model on its Web site
has a gripping new pitch: terrorism. The demo charts some of the known
whereabouts of Mohamed Atta and other Sept. 11 hijackers, as well as several
onetime terrorist suspects.
In Denver, a panel appointed by the mayor
concluded that the police had failed to understand both the power and the
pitfalls of the software. "I don't think they had a clue what the capacity of
this was and what they were doing with it, honestly," said Jean Dubofsky, a
former Colorado Supreme Court justice and member of the panel, which concluded
that not one of the 3,400 police records could be legitimately retained.
Justice Dubofsky's panel recommended some
strict guidelines for intelligence gathering, similar to those that the New York
police have told a federal court they want removed. The guidelines have been
adopted, but otherwise, the panel could find no real harm done, even in the
misuse of the software program.
"This is the kind of program that could have
been very helpful before Sept. 11," said Justice Dubofsky. "It's also a very
powerful tool that can cause problems for people. If you're going to use it, you
use it very carefully."
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