NYPD X-ray vans

Last updated

The New York City Police Department is reported to have a number of military-grade [1] X-ray vans that contain X-ray equipment for inspecting vehicles. [2]

Contents

Technology and functionality

They are described as being able to see into walls [1] and other vehicles using Z backscatter technology. [3] [1] They are estimated to cost between $729,000 and $825,000. [1]

The NYPD has not disclosed how this technology is used as it would reveal investigation techniques, however Police Commissioner William Bratton states that they are not used to scan people for weapons. [1]

According to the New York University School of Law Policing Project, the manufacturer of the vans is American Science and Engineering. [4] The product website for the van depicts a video where the van slowly drives past empty passenger cars, and in real time generates an x-ray image. [5]

The x-ray van manufacturer found that the vans expose bystanders to a 40% larger dose of ionizing radiation than the radiation delivered by airport scanners utilizing similar technology. In airports, The European Union and United States Transportation Security Administration banned the use of this type of radiation technology citing privacy and health concerns such as cancer. [2]

Legislative controversy

On December 18, 2019, the NYCLU submitted testimony in support of Intro. 487, the Public Oversight of Surveillance Technology (“POST”) Act. In it, the NYCLU cited the example of X-ray vans as a violation of privacy, and stated in general that, "Left unchecked, police surveillance has the potential to chill the exercise of First Amendment-protected speech and religious worship, intrude on Fourth Amendment-protected privacy rights, and cast entire communities under a cloak of suspicion in contravention of the Fourteenth Amendment’s guarantee of equal protection." [6]

Media coverage

In 2015 ProPublica issued an Article 78 proceeding in order to have the NYPD respond to FOIL requests [7] [1] to give further information about the usage and health risks of the x-ray technology. Although initially the lower court granted the request, the NYPD issued an appeal and the lower court ruling was overturned. [1]

The NYPD has refused to release details of the uses and operation of these vans. [8] The New York Civil Liberties Union have filed an amici curiae brief in support of a legal action by the journalist Michael Grabell, who is attempting to obtain more information about these vehicles. [2]

The NYU Policing project asserts that exposure to the levels of Ionizing radiation that are used in these vans is linked to increased rates of cancer. [4]

See also

Related Research Articles

<span class="mw-page-title-main">Fourth Amendment to the United States Constitution</span> 1791 amendment prohibiting unreasonable searches and seizures

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

<span class="mw-page-title-main">Closed-circuit television</span> Use of video cameras to transmit a signal to a specific place on a limited set of monitors

Closed-circuit television (CCTV), also known as video surveillance, is the use of closed-circuit television cameras to transmit a signal to a specific place, on a limited set of monitors. It differs from broadcast television in that the signal is not openly transmitted, though it may employ point-to-point, point-to-multipoint (P2MP), or mesh wired or wireless links. Even though almost all video cameras fit this definition, the term is most often applied to those used for surveillance in areas that require additional security or ongoing monitoring.

<span class="mw-page-title-main">Surveillance</span> Monitoring something for the purposes of influencing, protecting, or suppressing it

Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as human intelligence gathering and postal interception.

The Electronic Privacy Information Center (EPIC) is an independent nonprofit research center established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Based in Washington, D.C., their mission is to "secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation." EPIC believes that privacy is a fundamental right, the internet belongs to people who use it, and there's a responsible way to use technology.

<span class="mw-page-title-main">New York City Police Department</span> Municipal police force of New York City

The New York City Police Department (NYPD), officially the City of New York Police Department, is the primary law enforcement agency within New York City. Established on May 23, 1845, the NYPD is the largest, and one of the oldest, municipal police departments in the United States.

<span class="mw-page-title-main">Backscatter X-ray</span> Advanced X-ray imaging technology

Backscatter X-ray is an advanced X-ray imaging technology. Traditional X-ray machines detect hard and soft materials by the variation in x-ray intensity transmitted through the target. In contrast, backscatter X-ray detects the radiation that reflects from the target. It has potential applications where less-destructive examination is required, and can operate even if only one side of the target is available for examination.

Harris Corporation was an American technology company, defense contractor, and information technology services provider that produced wireless equipment, tactical radios, electronic systems, night vision equipment and both terrestrial and spaceborne antennas for use in the government, defense, emergency service, and commercial sectors. They specialized in surveillance solutions, microwave weaponry, and electronic warfare. In 2019, it merged with L3 Technologies to form L3Harris Technologies.

Kyllo v. United States, 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the court ruled that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted from a public vantage point, is unconstitutional without a search warrant. In its majority opinion, the court held that thermal imaging constitutes a "search" under the Fourth Amendment, as the police were using devices to "explore details of the home that would previously have been unknowable without physical intrusion." The ruling has been noted for refining the reasonable expectation of privacy doctrine in light of new surveillance technologies, and when those are used in areas that are accessible to the public. This case has been praised by legal scholars since the Court refused to be the arbiter to determine "what is and is not intimate" and thus worthy of protection. Instead, the Court opted to focus on "the invasiveness of the technology itself" and its ability to enable all kinds of government surveillance in the home.

<span class="mw-page-title-main">New York Civil Liberties Union</span> Legal advocacy organization in New York State

The New York Civil Liberties Union (NYCLU) is a civil rights organization in the United States. Founded in November 1951 as the New York affiliate of the American Civil Liberties Union, it is a not-for-profit, nonpartisan organization with nearly 50,000 members across New York State.

<span class="mw-page-title-main">Full body scanner</span> Device which detects objects in or around a persons body

A full-body scanner is a device that detects objects on or inside a person's body for security screening purposes, without physically removing clothes or making physical contact. Unlike metal detectors, full-body scanners can detect non-metal objects, which became an increasing concern after various airliner bombing attempts in the 2000s. Some scanners can also detect swallowed items or items hidden in the body cavities of a person. Starting in 2007, full-body scanners started supplementing metal detectors at airports and train stations in many countries.

<span class="mw-page-title-main">Lower Manhattan Security Initiative</span>

The Lower Manhattan Security Initiative (LMSI) is a New York City Police Department initiative overseen by the Counterterrorism Bureau to increase surveillance efforts in Lower Manhattan, New York City, New York, United States. It is housed in the Lower Manhattan Security Coordination Center (LMSCC) located at 55 Broadway. The LMSI covers a 1.7-mile area from Canal Street to Battery Park, including the New York Stock Exchange, World Financial Center, former World Trade Center site, and numerous financial institutions.

<span class="mw-page-title-main">Millimeter wave scanner</span> Body screening device

A millimeter wave scanner is a whole-body imaging device used for detecting objects concealed underneath a person’s clothing using a form of electromagnetic radiation. Typical uses for this technology include detection of items for commercial loss prevention, smuggling, and screening for weapons at government buildings and airport security checkpoints.

<span class="mw-page-title-main">New York City Police Department corruption and misconduct</span> Overview of misconduct and corruption in the NYPD

Throughout the history of the New York City Police Department, numerous instances of corruption, misconduct, and other allegations of such, have occurred. Over 12,000 cases have resulted in lawsuit settlements totaling over $400 million during a five-year period ending in 2014. In 2019, misconduct lawsuits cost the taxpayer $68,688,423, a 76 percent increase over the previous year, including about $10 million paid out to two exonerated individuals who had been falsely convicted and imprisoned.

<span class="mw-page-title-main">Stingray phone tracker</span> Cellular phone surveillance device

The StingRay is an IMSI-catcher, a cellular phone surveillance device, manufactured by Harris Corporation. Initially developed for the military and intelligence community, the StingRay and similar Harris devices are in widespread use by local and state law enforcement agencies across Canada, the United States, and in the United Kingdom. Stingray has also become a generic name to describe these kinds of devices.

<span class="mw-page-title-main">Domain Awareness System</span> Surveillance system by Microsoft

The Domain Awareness System is the largest digital surveillance system in the world as part of the Lower Manhattan Security Initiative in partnership between the New York Police Department and Microsoft to monitor New York City. It allows the NYPD to track surveillance targets and gain detailed information about them, and is overseen by the counterterrorism bureau.

<span class="mw-page-title-main">New York City Police Department Strategic Response Group</span>

The New York Police Department's Strategic Response Group (SRG) is a unit of the New York City Police Department (NYPD) formed in 2015 for counter-terrorism and the policing of political protests.

100 Blacks In Law Enforcement That Care is an American New York City-based advocacy group which focuses on fighting injustices between the African American community and their interactions with the New York City Police Department (NYPD). This internal relations advocacy group speaks out against police brutality, racial profiling and police misconduct. They are composed of active duty and retired employees from within the department. They also support the black community with financial, educational and legal support.

<span class="mw-page-title-main">Police surveillance in New York City</span>

The New York City Police Department (NYPD) actively monitors public activity in New York City, New York, United States. Historically, surveillance has been used by the NYPD for a range of purposes, including against crime, counter-terrorism, and also for nefarious or controversial subjects such as monitoring political demonstrations, activities, and protests, and even entire ethnic and religious groups.

<span class="mw-page-title-main">New York City Police Department Intelligence Bureau</span> Police department division

The New York City Police Department Intelligence Bureau is a division of the New York City Police Department (NYPD) which claims responsibility for the detection and disruption of criminal and terrorist activity through the use of intelligence-led policing. There is limited oversight over the Intelligence Bureau, and it conducts work in secrecy without the city council being informed of operations.

Clearview AI, Inc. is an American facial recognition company, providing software to law enforcement, government agencies, and other organizations. The company's algorithm matches faces to a database of more than 20 billion images collected from the Internet, including social media applications. Founded by Hoan Ton-That and Richard Schwartz, the company maintained a low profile until late 2019, until its usage by law enforcement was first reported.

References

  1. 1 2 3 4 5 6 7 THE COUNCIL OF THE CITY OF NEW YORK, COMMITTEE ON PUBLIC SAFETY. "Committee Report of the Governmental Affairs Division Matthew Gewolb, Legislative Director Rachel Cordero, Deputy Director, Governmental Affairs Division" (PDF). Brennan Center for Justice.
  2. 1 2 3 Conor Friedersdorf (2015-10-19). "The NYPD Is Using Mobile X-Ray Vans to Spy on Unknown Targets". The Atlantic.
  3. Diane Macedo (2010-10-19). "X-RAY VANS: Security Measure, or Invasion of Privacy?". Fox News.
  4. 1 2 "Public Sees Through NYPD X-Ray Vans". The Policing Project. Retrieved 2019-06-15.
  5. "ZBV - Rapiscan Systems - AS&E". www.rapiscan-ase.com. Retrieved 2019-06-15.
  6. "Testimony of Michael Sisitzky On Behalf of the New York Civil Liberties Union Before the New York City Council Committee on Public Safety In support of Intro. 487 – The Public Oversight of Surveillance Technology Act" (PDF). December 18, 2019.
  7. Grabell, Michael (2016-05-10). "Split Decision on NYPD's X-ray Vans". ProPublica. Retrieved 2019-06-14.
  8. Yoav Gonen and Shawn Cohen (2015-10-13). "NYPD has super-secret X-ray vans". New York Post.