FBI director defends impersonation of AP reporter
cnn.com
cnn.com
Here are some related common tactics upheld by courts:
1. Planting a "criminal" in a cell with a defendant to elicit a confession. 2. Separating co-defendants into two interrogations and telling each the other has "ratted" them out. 3. Letting one co-defendant see the other receive a "reward" indicating that they have already "flipped." See the Wire scene with the cheeseburger. http://discoveringthewire.com/characters-of-the-wire-william...
In comparison, this seems inline. I can understand why the AP would strongly object. In reality, though, what else do you want them to do. They are a news reporting agency who's name is the subject of a news story. The result is predictable.
That is, if criminals begin to distrust reporters as being potential cops, the FBI loses that mechanism to gain trust, -and- the AP loses the ability to talk to those society deems unlawful. Unlike those other methods you mention, which don't effect society at large, just the individual (and can be weighed solely on those merits).
So this is a procedure that is doomed to make itself obsolete as a criminal trapping tool -while also having repercussions on a facet of democracy-.
Imagine if this was a common occurrence, happening prior to the Snowden leaks. Would he have leaked? Or what about people who leak drafts of the TPP? Giving a voice to those the government deems criminal is a necessary function of a democracy, and this undermines that.
It turns out that, when military forces pose as humanitarian workers distributing vaccines, eventually people figure that out and end up distrusting - or even attacking[2] - real humanitarian workers distributing vaccines.
(It doesn't help that similar rumors existed previously, about sterilization efforts being conducted under the guise of vaccination. But let's not forget that the reasons those rumors are credible is that the US has done similar things in the past, including against its own citizens [3]!)
The White House recently announced that they are ending spying through vaccination programs[4], though my belief is that it really has more to do with acknowledging that the tactic itself is no longer effective (as you point out), rather than a true admission of how deplorable the effects on public health are.
[0] http://www.nytimes.com/2012/07/10/health/cia-vaccine-ruse-in...
[1] https://en.wikipedia.org/wiki/Poliomyelitis_in_Pakistan
[2] http://www.rferl.org/content/feature/24803587.html
[3] https://en.wikipedia.org/wiki/Tuskegee_syphilis_experiment
Is there any good research on the causes of the vaccination gaps here? Most of the pro-vaccine organizations claim that the main/only reason people avoid vaccinations is because they (falsely) believe that vaccines are the cause of the autism epidemic, but this seems like pharma propaganda to discredit anyone who is skeptical of any vaccine for any reason.
Neat, a recursive strawman. Is there a word for that?
Anyway, I don't know if you count the CDC as a 'pro-vaccine organization' but they are aware of and have responses to multiple misconceptions about vaccines.
That doesn't tell you how prevalent each of those beliefs is though, let alone why people actually avoid vaccinations.
And also, the very first link on the CDC's vaccine safety page is about autism.
If I'm locked in a cell with a big tough guy covered in tattoos you bet that I will make up some crazy story just as a defense mechanism. If I am being accused of murdering someone, even if I didn't do it, I would probably tell that story just to feel safer.
>2. Separating co-defendants into two interrogations and telling each the other has "ratted" them out.
>3. Letting one co-defendant see the other receive a "reward" indicating that they have already "flipped."
These two tactics can lead to a false confession too, just out of spite or fear.
So you have to consider if it's better to convict an innocent person or to let go a criminal. And you would not really be letting him go, you'd just need to gather more evidence.
You will not be rewarded for putting guilty people in jail and letting go of the innocent, you simply have to do your best to score as many convictions as possible and anything you do to achieve this (intimidation, parallel construction, playing mind games and so on) is fair game. Guilt or lack thereof does not enter into the game.
You could run for DA on a platform of safeguarding the rights of criminal defendants and prosecutorial restraint, but that's not a winning platform in most jurisdictions except very liberal places. As long as we keep electing DAs (and in many jurisdictions, judges, albeit to a lesser extent), most of them are going to go for the lowest-common-denominator platform of promising to bring crime down and throwing the book at defendants.
This tells us more about your stereotypes of criminals than anything else. If you made a story up out of whole cloth to impress someone it would be unlikely to fit with any other evidence in the case. Back in reality, if you read cases where such tactics are employed, they usually involve pairing someone up with a cellmate who is in for some relatively minor crime and gain's the suspect's confidence by talking freely about their own situation. Admissions to cellmates usually come after days or weeks, once the suspect has become comfortable, at which point the suspect may brag about their criminal activities - in much the same way as everyone else likes to share 'war stories' about their line of work from time to time.
A threatening or scary cellmate that glared aggressively at a suspect would be a gift to defense lawyer, since it would make it a lot easier to argue that the confession had been coerced and should therefore be suppressed. Criminology texts emphasize this point; the object is to elicit a confession that will stand up in court. In the vast majority of them the informant presents a friendly demeanor towards the suspect, and furthermore is instructed not to prompt or ask questions but simply to pay close attention to the suspect's conversation and report anything interesting to investigators - again, to avoid complaints that a confession was coerced or that a defendant was put in a position where they felt obliged to provide information without benefit of counsel. Indeed, law enforcement often uses undercover officers posing as prisoners, and courts don't consider this a violation of Miranda rights as long as statements made by a suspect are voluntary.
My knowledge about criminology or criminal justice is very limited, and it's probably polluted by all the cop movies and TV shows. So any input from somebody more knowledgeable on the subject is more than welcome.
Of course this is not perfect. There have been cases where law enforcement or prosecutors told the informant what to say in an overzealous effort to gain a conviction, and sometimes innocent people have languished in jail for years on the basis of such false testimony. That shouldn't be allowed to happen, but when it does it doesn't necessarily mean the entire judicial process was corrupted. For example, a trial may have been properly conducted but if the defense lawyer was lazy or incompetent and failed to challenge the prosecution evidence the judge and jury may not have had any way of knowing about the flaws int he prosecution's case.
One important thing to bear in mind about American courts is that trial courts do not have an investigatory function to discover all the information about a case, but rather a decisive function to select between competing arguments from plaintiffs/prosecutors and civil/criminal defendants. So even if the defense lawyer is an obvious imcompetent the court inn't supposed to pre-emptively assist the defendant - the defendant has to ask for a new lawyer or bring up the issue at appeal.
In many other countries they use a different sort of system called civil law, where the judge is basically the lead investigator in the case. That can prevent some kinds of miscarriages of justice that occur in our system but as you might expect it opens to the door all sorts of other kinds.
The problem in this case is that the specific activity puts reporters in danger, since the nature of their job puts them in contact with criminals.
[1] http://en.wikipedia.org/wiki/Central_Intelligence_Agency#Use...
Sounds like a perfectly reasonable sting. Not sure what the fuss is about.
I get why the AP is upset, but when I make my list of "sources for false information on the Internet to worry about", this is way, way, way down.
Would it be outside the realm of possibility to have people outright refuse to cooperate or even harm actual AP reporters because they are now suspect? Claiming reporters to be spies is a fairly common phenomenon.
I clearly see the issue with spying under the guise of humanitarian organizations. My guy says it's a little less severe with reporters, but still an issue.
I wonder where the lines are? Who else should law enforcement not impersonate?
I can certainly understand a company having the same thoughts and issues. That's why banks spend money on fighting phishing attacks, someone leveraging a banks branding to hurt consumers hurts the reputation regardless of the bank's lack of involvement.
Why? I could see that being the case if the FBI agent was actually working for AP, but in this case a simple phone call to the AP would have proven that the journalist didn't actually work there, no?
> Hi! I'm Bob with KBBL Eyewitness News. Do you mind if I ask you a few questions?
Sounds like someone's gunning for a promotion.
Thus, fewer leakers coming forward - or lots more friction as they try to establish with certainty who they're dealing with.
Thus, less info being leaked to the media (except when the government "leaks" it on purpose).
Thus ... less oversight by the media, and less shared understanding of things going on.
Corrupt and evil people realize that FUD is their friend. If a society and civilization can't trust one another then the truth can't get out. Look at North Korea.
It's interesting, after all, that Catherine Engelbrecht never had the trouble she found herself in until she got involved in politics. (and it's also interesting that the 7 of Lois Lerner's hard-drives under Congressional subpoena could have magically failed simultaneously) Not that it's one-sided, either: power corrupts, and I'm suspicious of both parties (and no, the answer isn't: well let's just make sure we always keep the other party out of power).
The FBI may not want to silence potential leakers, but the FBI answers to someone who may think differently, depending on how the political winds blow.
Fed: "Yep, I'm a reporter."
Leaker: "Great, let's talk."
It just doesn't really scan.
I'm not saying I'm comfortable with what the FBI is doing (I guess I'm not sure about that), I'm wondering if chilling effects are an important aspect of it.
I mean, if one fed says "I'm a reporter", and a second says the same but also has AP business cards, and a third also has an authentic-looking AP badge with his photo and the name of a real AP journalist, I don't guess there's any bright line between those things. Once the feds decide to impersonate a journalist they could be arbitrarily convincing about it, couldn't they?
I would probably go to a library and evaluate the writings of several reporters, and choose from there.
I would then figure out how to identify the chosen reporter using materials that they did not provide to me.
I would not rely on my ability to authenticate an AP badge.
I don't think any of that is particularly sophisticated, so I would expect many leakers to at least take that first step (and hopefully they would usually see the problem with using information provided by the reporter to evaluate the identity of the reporter).
Not everyone has the luxury of deciding if some proof is good enough in a a consequence free thought experiment where they can also shape the constraints. IRL constraints and persuasion tactics shift the ability to verify, and someone with legal considerations can't afford to be wrong even once. It shifts the decision making process in such a way that the fact "cops have posed as reporters" plus an abundance of caution means nobody talks to reporters. Exactly the circumstances the AP is afraid of.
Edit: sorry, I'd overlooked that the top post in the thread was specific to leakers.
Edit: Some clarification here: http://seattletimes.com/html/localnews/2024894799_fbifakesto...
And yet it's ok for those whom are supposed to be examples of the morally upright to do so?
Hypocrites.
I don't care about the impersonation but hacking into your computer using zero-days seems evil.
Lies and deception everywhere - what if the guy turned out not guilty? Do they still think it's fine?
If the guy turned out to not be guilty, then... he would have clicked on a misleading link title and read a fake news article. Oh noes! That's Taboola's entire business model. I'm much happier with small deceptions used to catch criminals than when deception is used for profit on an industrial scale.
They're really grasping at straws to explain why this is bad. For me, the insidiousness of the tactic is apparent--one would think the AP would be more adept at crafting a response. No entity can rightfully leverage the brand/trust/profile of another.
He'll get out at 43 (at the latest) and be deported.
If they executed him or never let him out of jail, I think I'd take issue with it but in this case I think the punishment kinda fits the crime.
The answer is "just barely". Sure, real terrorists could have recruited this guy and given him a bomb, but then the real threat is still those terrorist who already have a bomb and not this guy.
If you find someone who has nothing more than motive, and you supply him with both method and the illusion of opportunity, you have done little more than to prove that he had motive.
That is, you are prosecuting him on the basis of his opinions and beliefs. Thought crime.
Undercover policing only works when the crime to be prevented would have definitely occurred in the absence of the undercover cop. What they can do effectively is take an potential opportunity and convert it into the illusion of opportunity.
So rather than supplying the guy with bomb parts, wait until he has actual bomb parts, and replace them with nonfunctional replicas. Then you wait for him to press the button. That way, there is no doubt as to the origin of the criminal intent. You stopped a real crime instead of abetting a fake one.
You can't just target someone with motive and trick him into acting on it. That's like putting a "live grenade dispenser" next to the number ticket roll at the DMV. Everyone walking in that door has daydreamed about enacting some form of violence against the state clerks, especially when the wait is long and none of the people behind the desk seem to be actually working. But no one actually tosses grenades at the DMV. They just wish someone would. Or for those who would, they have the foresight to not bring their grenades with them when renewing their license, to avoid the temptation. But if you stand there and give out free grenades to people waiting in line, a few of them will have their pins pulled. If they spit out a puff of confetti instead of flaming death, you haven't really prevented any crime. You just proved that some people hate the DMV. You could have accomplished the same thing by circulating a petition to lawfully dismantle the bureaucracy.
So I disagree that the answer is "just barely". I think it is "absolutely not".
Would you support preemptively testing everyone in similar ways, and imprisoning all those who failed? If you described the hypothetical on a paper, and asked people to rate their likelihood of pulling the pin on the imaginary grenade in the imaginary DMV, on a scale from 0 (never) to 10 (always), what numbers would they have to choose to remain free?
I, for one, am completely uncomfortable imprisoning people based solely on their psychological profile rather than as punishment for actual harm inflicted in the real world. Some undercover investigations do seem eerily similar to selecting someone based on a profile and then continually testing him until he fails to meet the "stay out of jail" threshold. It just doesn't seem like ethical policing to me.
edit I am being downvoted now, possibly because people don't know what I am referring to. When there were only a dozen comments or so, you could very clearly see that everyone with a certain opinion was getting downvoted.
*as soon as I posted the the refreshed page had all the downvotes back to normal.