Tag Archives: law enforcement

COIN and law enforcement

You may remember (although if you do, you spend entirely too much time scrutinizing this blog) that over the past few years I’ve written a number of posts about the applicability of counterinsurgency doctrine (at least a ‘civilianized’ version of it) could be quite useful in domestic law enforcement settings.  Certainly, things like ‘community oriented policing’ or ‘intelligence led policing’ touch on some of the same themes of COIN but don’t embrace it fully.

So, it was with both surprise and appreciation that I saw this recent 60 Minutes story about Springfield, Massachusetts and the attempt by one law enforcement officer to implement COIN in a neighborhood suffering from endemic gang and drug crime.

Now, I’m not totally thrilled with the image of the SWAT team all kitted out like they’re on patrol in Helmand (after all, why do they need desert camouflage? Can’t they have blue tactical uniforms that are less evocative of a military operation?) but other than that, this looks pretty good.  A focus on intelligence collection, trust building and reestablishing rule of law and legitimacy in institutions ahead of the old game of arrests and seizures.

For more, I’d recommend checking out this post I did from way back in 2009 (!).

On circular reporting…

Just two observations about the recent shooting in Connecticut.  The first is kind of a policy thing and the second is how this event relates to intelligence analysis:

I honestly can’t figure out if people are honestly surprised and horrified by these events.  After all, it’s not like mass shootings are a rare occurrence in the U.S.  Consider the following:

  • We have absolutely NO way to track the vast majority of firearm ownership changes in this country.  We can figure out who purchased one from a dealer but at that point they enter a big black hole, never to be seen again.  And we’ve got a LOT of guns:

  • While the mentally ill aren’t that much more violent than the general public (does that make you feel better?) our mental health system and culture towards it is so atrocious that there are few opportunities to intervene in many instances.  Basically, we hope the worst of them will get strung out on illegal drugs and self-medicate themselves to death, allowing us to ignore the problem.

Now, in intelligence analysis threat is defined as the intersection of capability and intent (more from me about this here).  Yet again, however, we’re about to forget that equation. If you want to reduce the threat you either have to reduce the capabilities of those you’re worried about (and here we’re talking about their ability to access firearms, ammunition and/or their targets) or reduce their intent.

We don’t seem to be able to even talk about limiting gun ownership in any way (even requiring all owners have firearms training will be portrayed as a totalitarian blow against freedom) so, despite the post shooting gnashing of teeth from those on the left, I think that’s going to go precisely nowhere 1.

And let’s be honest, does anyone see increased funding for mental health happening?  The right will say it’s yet another example of creeping socialism and the left is going to stamp it’s feet about guns all day. 2

So, events like last Friday are tragic but they shouldn’t be shocking or tragic.  Someone once said that Americans get the government they deserve (or something like that).  Well, we also get the crime that we deserve.  If you want unlimited gun ownership and consider mental health an issue of ‘personal responsibility’ then you’re going to get events like this.  If you want, you can hire more cops, give them bigger guns and more power to peep into your lives but do you really want to live in an armed camp for the rest of your lives?

<\soapbox>

Ok, so onto implications for intelligence analysis.

Since our law enforcement/homeland security community is essentially a competitive beast, what you will see (or would see if you could peep behind the curtain) is a mass of products flooding the system about this event.  Almost all of them will be meaningless drivel.  Cut and paste summaries from open source news outlets with some boilerplate language lifted from DHS’s ‘How to respond to an active shooter’ booklet.  These products are going to ping around the system like pinballs, filling up inboxes and (for the most part) going unread.

Why will so many of these repetitive products be made?  Because every agency needs to appear to be doing something.  To paraphrase Sir Humphrey:

[They] must be allowed to panic. They need activity. It is their substitute for achievement.

That way, when budget time rolls around they can proudly point to product X and say ‘We disseminated a product to all the schools within 4 hours of news of the shooting.’  What you won’t hear is anything concrete and measurable about the utility of said product.  That’s because usually there is very little.

Of additional concern is the use of resources in cases like this.  Does anyone think that North Carolina’s and South Carolina’s (purely a hypothetical example) take on this event will be (or should be) substantively different?  Rather than each devoting anlayst(s) to craft a product might it be worth while to produce one that applies to both.  Perhaps, in cases like this, even a national level product?

But that doesn’t happen.  So, beginning on Friday you had agencies all over the country and at all levels crafting products that were essentially the same thing.  Those were resources that could have been devoted elsewhere, perhaps to more credible, local purposes.  Given the sketchy details in the first few hours and the unremarkable aspects of this particular case a fairly generic piece that applies broadly would be fine here.

The other problem with all these reports is their impact on perception of a problem.  Even though these reports will all contain virtually the same information, the number number of these reports (I suspect) has some subconscious impact on perceptions of what threats are most likely and most dangerous.

For example, there have been a number of high profile mass shootings since the summer.  The open source media has reported on them quite heavily and the public safety community has an irritating trend of only following news items that appear on CNN or Fox.  So, in the wake of each shooting has been a flood of official products regurgitating the same information.

The problem is that few, if any, are looking at whether this is something substantially different, a spike in incidents that statistically happens occasionally or just the result of increased media reporting.  And since no one asks that question, people impose their own, evidence free, interpretations on these events.

And that, in turn, can lead us back down to focusing on things we shouldn’t.

rinse…lather…repeat

  1. alternately, some sort of law will pass that will make people feel good but not actually impact the threat equation. For example, some sort of assault weapons ban that won’t do anything to curb the vast secondary market or address the fact that handguns are the big problem.
  2. Btw, this isn’t really the place but, in my humble opinion, this could be solved by reading the 2nd amendment as it was written and allowing unfettered ownership of arms to be contingent on membership in a ‘well regulated militia’.  But, nobody gives a crap what I think so nertz to me.

Puppycide

Radley Balko has been reporting on incidents of ‘puppycide’ (where law enforcement officer shoot dogs on various flimsy reasons).  He’s got an article up on HuffPo about it.

When police officers shoot dogs, departments usually deem the shooting justified if the officer felt threatened by the animal.

Look, I get it.  Law enforcement can be a dangerous job.  But I was in a similar situation.  I spent 20 years in the military including a tour in Afghanistan.  It was dangerous.  Ok…If I didn’t know that when I first signed up I got the hint after the first few years.  If working in that sort of environment wasn’t for me, I could go look for another gig.  No harm, no foul.

Still, there’s a fetish in the law enforcement community about ‘officer safety’ that’s out of whack.  There is a reasonable, easy solution to this issue.  Training.

Groups like the Humane Society and the American Society for the Prevention of Cruelty to Animals offer free training to police departments, but both organizations said few departments take them up on the offer. New York, Los Angeles, Chicago and Seattle are among departments that don’t provide regular training to officers on how to respond to dogs.

The easiest way to tell if a law enforcement agency doesn’t care about an issue is if they refuse free training dealing with it.

The other problem is the lack of accountability.  Police unions will excuse virtually any behavior.  Police departments usually conduct their own internal investigations.  Neither of those practices do much to build trust or credibility.

And guess, what? It’s actually a proven concept!

A Postal Service spokesman said in a 2009 interview that serious dog attacks on mail carriers are extremely rare. That’s likely because postal workers are annually shown a two-hour video and given further training on “how to distract dogs with toys, subdue them with voice commands, or, at worst, incapacitate them with Mace.”

All that being said, I don’t want to paint too broad a brush here.  After all, it was the stellar work of my local law enforcement that directly led to the rescue of Shiloh a couple of years ago.  There’s a lot of good work being done…but it can (and needs to) be better.

In which I give the FBI a (tentative) thumbs up

I think Will Potter over at Green is the New Red has gone a bit overboard on his latest post.  He describes an encounter between an animal rights activist and the FBI.  The FBI show up and…no threats, no pepper spray, no allegations of terrorism.

They just ask if the activists get information about abuses to pass along the information.

Potter and the activist immediately jump to the idea of informants and talk COINTELPRO.

I’ve advocated for quite some time that law enforcement should conduct outreach to activists of all stripes in an effort to clarify what they are and aren’t interested in and how to avoid conflict.  How about efforts to build trust?  Sure, it’s going to take time and progress will only come through tiny, baby steps but you’ve got to start somewhere.

Now, I don’t know anything about the FBI effort (assuming the encounter is accurately recounted) but this response is not helpful at all.

So is this emphasis on “liaisons” a reflection of a kinder, gentler FBI?

Not likely.

If the response is an automatic “Get out of here!” you have NO chance of improving relations. They didn’t ask for lists of names or for the activist to hide the fact the conversation took place.  Why couldn’t she act (openly) as a conduit between the FBI and the activist community?

Prejudice and narrow-mindedness is not the exclusive domain of the authorities.

So, my question in light of this story is assuming you’re one of these activists and there is a law enforcement agency that is honestly attempting to conduct outreach in order to clarify what actions are legal/illegal and asking for assistance in identifying violent, criminal activity, how would that look different from what was described in this post?  What steps would you want/expect to see?

And let’s remember to be realistic.  It’s not in the power of law enforcement to unilaterally overturn federal law.  Any initiative is likely to face as much suspicion, resistance and criticism within the agency as it would with a group of animal rights activists.  So, assuming you actually want to improve things, what would you expect?

So, kudos for the FBI apparently trying to reach out to the activist community and nertz to the bunker mentality of the Animal Rights Coalition for refusing to speak to them and at least see if the agents acted in good faith.

NYPD gives big middle finger to good intelligence practice and civil liberties

The NYPD is a force unlike any other.  With 40,000 members it’s larger than the armed forces of many nations.  After 9/11, the NYPD began sending liaisons all over the world to work with foreign law enforcement agencies.

And, they began a program to track all the brown people in the world.  Stop and Frisk and the ‘Demographics Unit‘ are two examples of that but recently it was uncovered that the NYPD has also been spending time hanging out in Muslim Student Associations in a number of universities.

Undoubtedly tracking those dangerous Muzlims that are probably spending all their time making suicide bomb vests, right?They talked with local authorities about professors in Buffalo and even sent an undercover agent on a whitewater rafting trip, where he recorded students’ names and noted in police intelligence files how many times they prayed.

One autumn morning in Buffalo, N.Y., a college student named Adeela Khan logged into her email and found a message announcing an upcoming Islamic conference in Toronto.

Khan clicked “forward,” sent it to a group of fellow Muslims at the University at Buffalo, and promptly forgot about it.

But that simple act on Nov. 9, 2006, was enough to arouse the suspicion of an intelligence analyst at the New York Police Department, 300 miles away, who combed through her post and put her name in an official report. Marked “SECRET” in large red letters, the document went all the way to Commissioner Raymond Kelly’s office.

Supposedly all this nonsense ended in 2007 but they also said they never did this sort of surveillance when, in fact, they were doing it so who knows.

In any case, it reflects a deeply flawed sense of threat, prioritization and resource allocation.  This was, in short, a huge fishing operation.  A hope that if you flail around long enough eventually you’ll hit the pinata.

And the NYPD don’t seem to dispute that:

Asked about the monitoring, police spokesman Paul Browne provided a list of 12 people arrested or convicted on terrorism charges in the United States and abroad who had once been members of Muslim student associations…

So, because some people ‘arrested or convicted on terrorism charges’ (and we’ve seen how empty that category can be) were members of a student association we should go undercover at those places?  I suspect almost 100% of people arrested or convicted of terrorism charges ate food.  Let’s set up surveillance at all the T.G.I.Fridays in the country and we’ll catch ALL the terrorists!

In one report, an undercover officer describes accompanying 18 Muslim students from the City College of New York on a whitewater rafting trip in upstate New York on April 21, 2008. The officer noted the names of attendees who were officers of the Muslim Student Association.

“In addition to the regularly scheduled events (Rafting), the group prayed at least four times a day, and much of the conversation was spent discussing Islam and was religious in nature,” the report says.

You can see one such report here. (nypd-msa-report)

There are some interesting things to note about it.

First, check out the classification markings:  ‘NYPD Secret’.  What the fuck is that? Is that like ‘Super duper pinkie swear secret’?  The federal government has the authority to classify documents, not municipalities (even the Big Apple).  Now, you might be inclined to let every agency have their own delusions of grandeur but there is a bigger issue here.

If you look on page 2 of the document you’ll see they dropped the ‘NYPD’ and just labeled the document ‘Secret’.  Well, now you’ve got all sorts of potential for madcap hijinks.  Might people confuse this with a real secret document and be compelled to treat it with the same restrictions and considerations?  Or, more worrying, does this mean that real secret documents might get mixed up with these bogus ones, thereby increasing the chance of an unauthorized disclosure.

Look, if NYPD wants to play ‘Secret Squirrel’ that’s all well and good but they should pick terms that don’t infringe on real work.

Other than that, take a moment and look at the report.  I can’t comment on it’s content or analysis because it’s totally devoid of anything that could be considered relevant to homeland security, terrorism or crime.

Who thought this was a good idea?

I’m not sure what I should be more frustrated about with this document; the fact that it’s a complete waste of time or the fact that someone got paid to gather these *ahem* facts and report them.

 

Cop or soldier?

Balko put together a very interesting (and disturbing) quiz of photographs and let’s you see if you can guess which are pictures of soldiers and which are pictures of cops.

Check it out.

Since I have experience in both fields I tried to take the quiz as quickly as possible to minimize the amount I could ‘game’ the system.  It still happened (there aren’t many mud walls like you see in Afghanistan here in the states and one or two of the photos got national attention and were recognizable) but I was only able to score 16 out of 21 correct.  That’s shocking given my time with the military and I’d have to assume that for citizens without that familiarity and forced to make a quick determination the distinctions would be almost impossible to make.

Forget about getting any real discussion about the pros and cons of creating police forces with military grade equipment in the U.S.  News that law enforcement deaths are on the increase will be seen as a reason to escalate (we need bigger guns! drones! tanks!) rather than reevaluate current methodologies.

The best comment on all of this was over at BoingBoing:

When I was a kid, the tough one was telling cops and postmen apart.

Indeed.

To serve and protect?

I’ll start off by saying that I know, respect and personally like a great many law enforcement officers out there.  They are regular people trying to do a difficult job.  Most are truly dedicated to doing good and making their community’s safer.

There are, however, institutional motivators that should cause everyone some concern when thinking about police-citizen relations.  The militarization of police has been in the news recently and is one (big cause) as is the various ‘wars’ we’ve declared (drugs, underage drinking, whatever).  On occasions where I instruct to an audience that has law enforcement members in it I often say cops divide the world into two groups:  criminals and those who haven’t been arrested…yet.

So, I’d recommend reading two posts from apparently very different authors.

First is this post from ‘Police:  The Law Enforcement Magazine‘.  The author, a retired police officer and associate editor of the magazine describes a community which punishes officers that prizes conformity above all else and ruthlessly squashes dissent and alternate views.

Throughout [the police academy and police career], we were taught by word and example to adhere to the party line and only exhibit fearlessness of initiative in matters of life or death. Dissent may be fine, but only in the abstract for the Department is an organism that will expel foreign bodies to preserve its homeostasis. Those who deviated from script found themselves expelled from the academy, 86′ed out of custody, banned from patrol, barred from promotion, and persona non grata in the Land of Good Standing.

Next is this post (and the comments section) from Gin and Tacos.

I’m a law abiding 33 year old white male with a Ph.D. and an aspiring middle class lifestyle…and I’ve never dealt with a cop who wasn’t an asshole toward me. Not once. If that’s how they treat someone who practically shits white male privilege, I feel safe assuming that they’re not being much friendlier or more helpful to anyone else. The police officer is supposed to be someone we can trust implicitly, and instead the policies of the past three decades have transformed the citizen-police relationship to one of deep, mutual suspicion. They see us as drug holding, law breaking felons-in-waiting, and we see them as an opponent to be avoided at all costs.

Now, I know many will be inclined to write this off as bleeding heart, commie whining but really read this and the 53 (so far) comments.

I can’t shake the feeling that these two things are linked.

I often talk about the similarities I see between a counterinsurgency campaign and some civilian crime environments.  If you were a commander of a district in Afghanistan and the local population bombarded you with comments like this about the local security forces, how confident would you be that you were winning ‘hearts and minds’?

And certainly images like this aren’t going to do much for the next generation or two and the trust and credibility they give the police.

Or the fact that nearly one-third of all people are arrested by the time they’re 23.

There’s something very, very wrong with that statistic.

Let loose the twits of war!

I’m not sure if it’s coincidence or not but the Washington Post and NY Times both recently had very different articles about enemy forces (terrorists or insurgents) using Twitter and our response to it.

The first Washington Post article is actually a retread of a story (which even I wrote about back in September) about the twitter battle between the Taliban and ISAF. I have no idea how the people at ISAF managed to convince the powers that be to allow them the freedom to use Twitter for a real tool of engagement but a big TwShiloh thumbs up for getting it done.

U.S. military officials say the dramatic assault on the diplomatic compound convinced them that they needed to seize the propaganda initiative — and that in Twitter, they had a tool at hand that could shape the narrative much more quickly than news releases or responses to individual queries.

“That was the day ISAF turned the page from being passive,” said Navy Lt. Cmdr. Brian Badura, a military spokesman, explaining how @isafmedia evolved after the attack. “It used to be a tool to regurgitate the company line. We’ve turned it into what it can be.”

And that’s really the key AND the lesson that I predict will be overlooked by just about everyone.  Whether we’re talking about military engagements or terrorist and criminal activity in our neighborhoods, the tendency is to clamp down on information flowing out.  It’s not just the more you say, they more you’ll be liable for being wrong.  I can’t help shaking the feeling that the public (or, the center of gravity, if you will) is still seen as essentially a nuisance if it’s thought of at all.

I’ve written about this subject quite a bit in the past and I think remains a key indicator arguing that very little we do domestically is ‘intelligence led’.  When we refuse to engage an opponent we cede the initiative on that field to them.  Maybe that’s a good strategic move and sometimes is the appropriate reaction but that would require some evaluation process by which consequences are determined and a determination is made.  I’m not convinced most of our ‘decision makers’ have sufficient orientation to issues like this to even ask the right questions.

And so, what have the results been since ISAF began battling with the Taliban over Twitter and loosening up from the standard ‘Latest press release here’ sort of post?

“If you look at the chronology over the past six months, it does look like there have been some changes in their content and claims,” Badura said. “They realize that we pay closer attention and are going to call them on it when we realize there is something completely sensational or inaccurate.”

On the flip side of that is a NY Times article about our reaction to the use of Twitter by al-Shabab in Somalia.

Most of the Shabab’s Twitter messages are in English, not Somali, and are clearly meant for an outside audience. American officials said they were worried that the Shabab might be using Twitter to reach potential recruits in the West.

It doesn’t appear anyone has made any sort of decision about what specific action to take but the jist of the article appears to lean towards strong arming Twitter to shut down al-Shabab’s account.

Because shutting down web sites worked so well in Egypt and Libya.

There is an appropriate time to shut down web sites.  If, for example, you know a terrorist is going to activate a sleeper cell and launch an attack via a tweet or a comment in a web page, it might be worthwhile to shut that page down, disrupting that communication.  But shutting it down simply because you don’t like the content and without a complementary strategy to prevent it fro resurfacing on another account or webpage (either via artful hacking or a well placed drone strike) you aren’t going to be able to do much more than temporarily halt communication.

Otherwise known as whack-a-mole.

It is disappointing, therefore, that there doesn’t appear (based on the article) to be any consideration for engaging in a counter-campaign.

We certainly won’t win or lose a war via Twitter but it costs us virtually nothing to ‘fight’ there.  And, if you believe that, at least in part, we’re fighting over the uncommitted middle (the majority of people who aren’t deeply committed to one faction or the other) and their support, why would we abandon an opportunity to present our message to them?  Especially, when our opponents are spreading their message?

TSA does a pretty good (if thankless) job on their blog in attempting to communicate with the livestock traveling public.  Why don’t more law enforcement/homeland security agencies do so?

Kind of related, in a non-conflict way, is the recent decision by the Swedish Tourism authority to hand over the official Twitter account (@Sweden) to ‘regular’ Swedish citizens.

“No one owns the brand of Sweden more than its people. With this initiative we let them show their Sweden to the world,” says Thomas Brühl, the CEO of the country’s tourism agency VisitSweden.

Think about that for a minute.  Who among us works for a company or agency that would let any employee run their Twitter account (assuming they even have one)?  And why not?  Are our overlords convinced that they’ve hired a bunch of  foul mouthed sociopaths that have been simply biding their time for the opportunity to say offensive things?

An alternate view of police/citizen interactions…

I’ve been witnessing a growing number of articles about the increased militarization of police forces here in the U.S.  Along with that, I’ve danced around the subject of a sense of paranoia among some in the law enforcement community which sees an abundance of threats and encourages officers to retreat into anonymity rather than interact with their communities.  And let’s face it.  Many law enforcement agencies just don’t do a very good job of communicating with the population.  Apart from the occasional press release championing the latest bust or asking for assistance (in media platforms fewer and fewer people use) when do law enforcement agencies connect with the public to explain threats, procedures or anything else?
Leave aside questions of accountability or whether it’s the ‘right’ thing to do.  If you don’t spend time trying to win the allegiance of the populous you risk losing it to someone else.
In Manchester (U.K.), the police took a novel approach to this question by inviting 70 people (from students to business owners) to witness a raid on drug dealers that had been plaguing (or serving – depending on your point of view I guess) the local community.
Called Operation Audacious (twitter feed here) it allows the police to deliver their message (official but probably achieves little penetration into the public consciousness) as well as the public to provide their ‘I was there’ stories throughout the community -virtually and in person (unofficial but having much more ‘stickiness’ in the public mind).
Is it me stuck in a rut or is this exactly the sort of outcome you’d want in a textbook COIN campaign?  You can provide your official ISAF message all day long but what you really want are the key members of the community to spread that message.  Even if it gets garbled a bit as it becomes second or third hand information, the credibility of the message bearer provides huge benefits.

Balko has an (unconfirmed) report of another example of smart law enforcement techniques…this time right here in the U.S. of A.  The short version is that the St. Louis PD broke up the local Occupy camp.  Rather than moving in like Stormtroopers on Hoth they use a number of techniques to both reduce the risk of confrontation and still clear the area.  No injuries, the protesters get to make their statement, the police get to do their job and everything works out.

 

Police brutality and a whole lot of chutzpah…(and a bit on Oakland)

This is simply shocking…(from Google)

We received a request from a local law enforcement agency to remove YouTube videos of police brutality, which we did not remove…We did not comply with those requests, which we have categorized in this Report as defamation requests.

Hmmm…I don’t know what’s worse.  Police brutality or having the balls to then ask Google to remove the proof of such brutality.

Hey, ‘local law enforcement’, here’s an idea:  Don’t engage in police brutality and you won’t have to waste your time trying to cover it up, afterwards.

(h/t Atlantic)

Warning sign for police brutality.

Image via Wikipedia

Regarding the recent brouhaha in Oakland it’s hard to imagine the Oakland PD making a bigger mess of things if they planned to.  The video of the police clearing the protesters has to bring to mind other, recent attempts to clear a public square of protesters.

Let’s play the home version…See if you can pick the ‘land of the free’ versus the autocratic regime.

embedded by Embedded Video

YouTube Direkt embedded by Embedded Video

YouTube Direkt

Really, it’s 2011 and the best way Oakland can maintain order in a public square is this?  If there’s a problem with crime than have officers patrol in the area (uh, that’s kind of the point of ‘community policing’).  If you’ve got a health problem, work with the protesters for a solution.

Just dumb…really, really dumb.

It’s now going to be difficult to say these are a bunch of drum pounding hippies.  Having cops shoot war vets (and I’m sure they didn’t target the guy in military clothing but it really doesn’t matter) is not the way to let a populist movement fizzle out.