Burlington Police Insist Someone Is Pretending To Abuse Copyright Law To Censor News Stories About Arrests

from the copyright-as-censorship dept

Last week, we wrote about some bizarre DMCA claims made by a guy named "Mike Ferrell" who claimed to represent the Burlington, Massachusetts Police Department, demanding that Google remove a bunch of stories because it violated the copyright the police department held on certain mugshots. We pointed out how crazy this was -- and also questioned whether or not "Ferrell" really represented the police department, because the language used in the takedown was a word salad of nothingness. In case you didn't remember:

Good afternoon My name is Mike Ferrell. I am the agent legal from the Burlington Police Department (Intellectual Property, Piracy, Copyright/DMCA) located in Massachusetts. I inform you that the infringing content in question awarded or issued previously are infringing our Copyright since these photographs/images are our property, is fully belonging to us. We are the properties, authors or creators of the content that previously indicated content and request of immediate actions appropriate or respective. We need it more soon as possible relevant/correct actions/measures are taken as more before possible, or otherwise we proceed to take action on our own. Thanks circumvention content: http://www.burlingtonpolice.org/Arrest-of-two-men-in-death-of-woman.html http://www.burlingtonpolice.org/Three-man-arrested-in-connection-with-string-of-store-jewelry-robberies.html http://www.burlingtonpolice.org/Nine-arrested-in-sting-operation.html http://www.burlingtonpolice.org/Teens-arrested-in-mosque-vandalism-incident.html http://www.burlingtonpolice.org/Eight-arrested-in-prostitution-sweep.html http://www.burlingtonpolice.org/Seven-johns-charged-in-reverse-prostitution-sting.html circumvention mechanism: Providing photographies/images protected for us.

Mike Kent, the Chief of Police in Burlington reached out to us over the weekend to let us know that whoever sent the notices, it was not his department. He says they have no one working for them by the name of Mike Ferrell, and that the Burlington PD "has no issues whatsoever with these mugshots being used."

So... that leaves open the question of just who is impersonating the Burlington Police Department, and filing completely bogus DMCA notices in an attempt to censor news stories. It would seem that the most obvious options are those who were featured in those stories about arrests in Burlington. The very first notice that Ferrell sent, focused on stories about a particular prostitution sting, and named the nine men who were arrested, along with mugshots. It would seem that perhaps one (or more!) of those nine men would have pretty strong incentives to seek to have those stories deleted from Google.

Either way, we've been pointing out for years that copyright is an easy tool for censorship -- and here's yet another example. If you want something censored, just try to work out a copyright conneciton of some sort. In this case, it appears to have failed, but mostly because whoever filed it wasn't very good at pretending to work for the police.

Filed Under: burlington, censorship, copyright, dmca, massachusetts, mike ferrell, police

Updated! Massachusetts Police Dept. Files DMCA Takedowns On News Stories Using Mugshots Taken By Police

from the copyright-as-censorship dept

Update: We've written up a followup to this post, noting that the Chief of Police in Burlington insists that this was not done by them, and they have no problem with the press using these images. It would appear that someone else is abusing copyright law to try to block these stories -- and since the stories are about people being arrested, it's not hard to put together a list of people with motives to abuse copyright law in this manner. Please read the follow up post, before reading this original post below.

Here we are with yet another example of copyright as censorship. This one comes from the Shooting the Messenger blog, which dug up a fascinating story of how the Burlington, Massachusetts Police Department appears to be abusing copyright law to try to censor articles written about people they've arrested. Specifically, a representative from the police department has filed a bunch of DMCA notices with Google, targeting around 30 news stories, claiming the Police Department holds the copyright on the mugshots used in those stories. You can see one of the notices over at the Lumen Database, and you'll quickly notice that it's not like they're targeting fly-by-night websites, but all sorts of big name press outfits, including CBS, the Boston Herald and the Denver Post. The explanation given is pretty silly too in that it's barely comprehensible:

Good afternoon My name is Mike Ferrell. I am the agent legal from the Burlington Police Department (Intellectual Property, Piracy, Copyright/DMCA) located in Massachusetts. I inform you that the infringing content in question awarded or issued previously are infringing our Copyright since these photographs/images are our property, is fully belonging to us. We are the properties, authors or creators of the content that previously indicated content and request of immediate actions appropriate or respective. We need it more soon as possible relevant/correct actions/measures are taken as more before possible, or otherwise we proceed to take action on our own. Thanks circumvention content: http://www.burlingtonpolice.org/Arrest-of-two-men-in-death-of-woman.html http://www.burlingtonpolice.org/Three-man-arrested-in-connection-with-string-of-store-jewelry-robberies.html http://www.burlingtonpolice.org/Nine-arrested-in-sting-operation.html http://www.burlingtonpolice.org/Teens-arrested-in-mosque-vandalism-incident.html http://www.burlingtonpolice.org/Eight-arrested-in-prostitution-sweep.html http://www.burlingtonpolice.org/Seven-johns-charged-in-reverse-prostitution-sting.html circumvention mechanism: Providing photographies/images protected for us.

Now, as we've discussed in the past, works of the federal government are simply not subject to copyright law. When it moves down to the states, it's either not entirely clear or subject to specific state laws. And in Massachusetts, the rule is that "records created by governments are not copyrighted and are available for public use." Separately, in Massachusetts, it's been determined that mugshots are public records, meaning that the police department has even less control here. And of course, even if these images were subject to copyright protections, their use in reporting would clearly be fair use.

Assuming that Mike Ferrell actually represents the Burlington Police Department, it appears that he and the police department are flagrantly violating the law in an attempt to censor news stories in the public interest. If he doesn't represent the Burlington Police Department, he's also misrepresenting himself, and potentially committing perjury, as an official DMCA notice requires stating, under the penalty of perjury, that you're authorized on behalf of the copyright holder.

No matter what... something not good is happening here, and it's yet another in an increasingly long list of examples of censorship by copyright.

Filed Under: burlington, censorship, copyright, dmca, massachusetts, mike ferrell, mugshots, public records

Police Department Says It Would Rather Have A Good Relationship With The Community Than Cheap Military Gear

from the correctly-ordered-priorities dept

Here's something worth reading: the Burlington, Vermont Police Department has announced it will no longer be participating in the Dept. of Defense's 1033 Program. This program is the well-intentioned effort to somehow make use of excess/old military inventory. Unfortunately, along with desks, computers, file cabinets and other office staples, the government also allows police departments to pick up mine-resistant vehicles, assault rifles, grenade launchers and other military gear -- often at a steep discount that's made even more inexpensive by Homeland Security grants.

The full press release by the says several things those within its jurisdiction need to hear, along with the rest of the nation's law enforcement agencies (via Information Liberation)

The Burlington Police Department announced today that the Department has severed its ties with the much-scrutinized “1033 Program,” a Department of Defense initiative that allows aging military equipment to be repurposed for domestic policing. Until this summer, the Burlington Police Department possessed two military-issued night vision devices, which were the extent of its holdings under the Department of Defense (DOD) program.

“The militarization of local police departments is a genuine concern in our nation,” said Burlington Chief of Police Brandon del Pozo. “There are times when military-style equipment is essential for public safety, but they are very rare. Between our partners in the Vermont State Police and the Vermont National Guard, as well as the other federal and local agencies the Burlington Police Department partners with, we have the resources to handle all but the most inconceivable public safety scenarios. Amassing a worst-case scenario arsenal of military equipment results in officers seeing everyday policework through a military lens. When I realized what a small role the military played in equipping our police, I concluded it was better to return the items and let our 1033 Program memorandum of understanding expire.”

The Burlington Police Department has no plans to acquire tactical or military items beyond the types of conventional policing equipment it already possesses.

Mayor Miro Weinberger offered his support of this decision: “Today’s announcement cements the Burlington Police Department’s long-standing practice of avoiding the use of military equipment, in contrast to many other police departments. Our focus instead is on the basics of good policing in the 21st century: foot patrols, strong relationships between the officers and the community, and the use of modern tools to increase public transparency and police effectiveness."

One thing should be clarified: the 1033 Program is by no means mandatory. "Severing ties" really means just deciding not to participate. The MOU may have expired but it could have run on forever without the PD feeling obligated to order anything from the 1033 catalog.

What's more important are the sentiments expressed by the Burlington police chief. He recognizes that acquiring military gear only leads to a military mindset that turns public servants into an invading force. Even better, del Pozo recognizes that using worst-case scenarios as justification for heavily-armored vehicles and military weaponry is a bullshit tactic. As we've seen time and time again, local law enforcement will claim anything and everything is a "potential terrorist target" just so they can acquire cheap MRAPs and M4A1 rifles. Del Pozo isn't going to take his force down a similar path.

The mayor's vocal support of this decision is a pleasant surprise as well. Mayor Weinberger won't be making himself any friends in other law enforcement agencies after calling them out for their (ab)use of the 1033 program. Hopefully, other agencies will see Burlington's very public opt-out as worthy of emulation. But considering the latest narratives to take hold (Ferguson Effect, War on Cops) both paint police officers as under siege, it's highly doubtful many will recognize the goodwill they could generate simply by treating residents as human beings, rather than enemy combatants.

Filed Under: 1033, burlington, community policing, military equipment, police, relationships, vermont