[News] Police Tech Isn’t Designed to Be Accurate -- It’s Made to Exert Social Control
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Sun Dec 17 19:42:58 EST 2023
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<https://truthout.org/articles/police-tech-isnt-designed-to-be-accurate-its-made-to-exert-social-control/>
Police Tech Isn’t Designed to Be Accurate -- It’s Made to Exert Social
Control
James Kilgore - December 16, 2023
------------------------------------------------------------------------
In the past 15 years, policing has grown its reach, largely through an
array of technologies that record and store our personal details and
daily activities. Using algorithms and other formulae, authorities are
able to repurpose data to meet the emerging demands of the criminal
legal and immigration systems. From predictive policing to GPS-enabled
ankle monitors to gunshot trackers to massive interlinked databases,
police are extending their capacity to track and control. But in recent
years, communities, researchers and activists have begun to build a
critique of these technologies. Their critique may ultimately take us
well beyond liberal notions of privacy to address fundamental questions
of political power and freedom.
*Predictive Policing*
One key target has been predictive policing. Implemented as early as
2008, predictive policing gathers data on incidents of crime and people
who commit crime to predict future events and trends. Over the years,
various versions of this policing technology, such as LASER or Hot Spot,
have proven problematic. The most recent exposé of this widely used
technology surfaced in an October 2023 piece
<https://themarkup.org/prediction-bias/2023/10/02/predictive-policing-software-terrible-at-predicting-crimes?utm_source=TMP-Newsletter&utm_campaign=ea6b675321-EMAIL_CAMPAIGN_2023_10_03_11_07&utm_medium=email&utm_term=0_5e02cdad9d-ea6b675321-%5BLIST_EMAIL_ID%5D>
by Aaron Sankin and Surya Mattu, published jointly by /The Markup/ and
/Wired/. The authors’ findings revealed that the policing technology of
the widely contracted company Geolitica (formerly PredPol) had a success
rate of less than 1 percent in its mission of predicting the time and
place of a crime. Drawing on more than 23,000 predictions from 360
locations
<https://themarkup.org/show-your-work/2023/10/02/how-we-assessed-the-accuracy-of-predictive-policing-software>
in Plainfield, New Jersey, the authors found a success rate of 0.6
percent for burglary and 0.1 percent for assaults and robberies. Part of
the reason for these disastrous results was a statistical model which
yields a large number of predictions in the hope of capturing at least
some crime incidents in their net — a little like buying 1,000 lottery
tickets in the hopes of getting at least one winner, regardless of how
much is lost along the way.
Predictive policing algorithms also incorporate racial bias, often
directing law enforcement to communities already rife with police,
surveillance and high arrest rates. The Electronic Frontier Foundation
describes predictive policing as a “self-fulfilling prophecy,” meaning
that if authorities direct more police to an area or at a targeted
group, police will make more arrests there regardless of the presence of
crime.
The shortcomings of predictive policing led Plainfield authorities to
follow in the footsteps of Los Angeles and other former clients of
Geolitica and cancel their contract. Los Angeles’s cancellation grew out
of a campaign led by the Stop LAPD Spying Coalition, whose activists
revealed the racist bias in the technology’s predictions and the false
logic of the company’s claim
<https://stoplapdspying.org/wp-content/uploads/2018/05/Before-the-Bullet-Hits-the-Body-Report-Summary.pdf>
that “criminal offenders are essentially hunter-gatherers; they forage
for opportunities to commit crimes.”
*GPS Monitoring*
Studies of GPS-enabled electronic monitors reveal patterns of
inaccuracy. In 2023, a data scrape led by freelance data journalist Matt
Chapman uncovered
<https://thetriibe.com/2022/11/many-on-house-arrest-in-cook-county-bombarded-with-texts-from-sheriffs-contractor/>
gross inaccuracies in the pretrial GPS monitoring program in Cook
County, Illinois — the largest in the nation. Chapman found the devices
generated thousands of false alerts, often leading to police raids and
baseless arrests. A separate 2021 Cook County study
<https://www.documentcloud.org/documents/22052939-presentation-gps-em-location-alert-analysis-nov-2021>
concluded that 80 percent of the alarms for violation of electronic
monitoring rules were “false positives.” These false alerts can have
serious consequences. One respondent described the trauma of receiving
six texts per day over a period of 18 months that delivered false alerts
about alleged electronic monitoring violations. One of those false
alerts led to a two-day stint in jail. His fate was not unique.
/Truthout/ has talked with dozens of people across the country who have
been wrongly sent back to prison after their “tracking” device reported
that they were located several blocks, even several miles, away from
where they actually were. One Chicago woman told us that a false alert
led to her arrest. She subsequently fell in her jail cell, fractured her
jaw and needed surgery when she was released.
*Gunshot Trackers*
SoundThinking (formerly ShotSpotter) is a detection technology that
claims to track and trace the sounds of gunshots in urban areas. But
studies
<https://apnews.com/article/artificial-intelligence-algorithm-technology-police-crime-7e3345485aa668c97606d4b54f9b6220>
in several of the more than 100 cities where SoundThinking has contracts
paint an alarming picture of inaccuracy. Despite complaints that false
alerts disproportionately target Black and Brown neighborhoods, most
decision-makers maintain their infatuation with the product. For its
part, SoundThinking remains content with business as usual. In over 20
years of operation, the company has not produced
<https://www.macarthurjustice.org/shotspotter-generated-over-40000-dead-end-police-deployments-in-chicago-in-21-months-according-to-new-study/>
a single scientific study testing how reliably their technology can tell
the difference between the sound of gunfire and other loud noises.
Instead, the company aggressively defends the secrecy of their product
design. When a SoundThinking alert in Chicago led to the arrest of an
individual, the company refused a court order to bring forward evidence
of how it assessed gunshot sounds. The firm chose instead to accept a
contempt of court
<https://chicagoreader.com/news-politics/shotspotter-held-in-contempt-of-court/>
charge. Chicago Mayor Brandon Johnson has pledged to not renew the
city’s contract with SoundThinking in 2024. City leaders in Dayton,
Atlanta and Seattle have taken similar steps by recently blocking or
ending
<https://ohiocapitaljournal.com/2023/07/18/why-dayton-quit-shotspotter-a-surveillance-tool-many-cities-still-embrace/>
SoundThinking contracts.
*Other Technologies*
Racial bias has surfaced in other technologies, most notably in facial
recognition apps <https://www.youtube.com/watch?v=eRUEVYndh9c> that have
led to the misidentification, and in some cases arrest, of at least six
Black men in a number of cities including Detroit, New Orleans and
Baltimore. Moreover, a 2023 New Orleans study
<https://www.politico.com/news/2023/10/31/new-orleans-police-facial-recognition-00121427>
contended that this technology fell short in proponents’ claims to be
able to solve crime.
Risk assessment tools
<https://pretrialrisk.com/the-danger/impacts-of-biased-risk-assessments/>
that build algorithms based on data from racist criminal legal
institutions and social service agencies have also come under fire from
several scholars and researchers arguing that they wrongly classify
people’s suitability for pretrial release or the appropriateness of a
sentence.
*Less Regulated Than Toasters*
Part of the explanation for these inaccuracies lies with the failure to
adequately test these technologies before marketing. While toaster
producers must conform to stringent regulations
<https://www.itcindia.org/iec-60335-2-9-particular-requirements-for-toasters/>
and subject their products to rigorous testing, in the high-stakes world
of policing, producers often get a free pass.
Many of these technologies simply have no place in a world that
respects life.
The only technical requirement for an electronic ankle monitor at the
national level is an optional set of standards
<https://www.ojp.gov/pdffiles1/nij/249810.pdf> produced in 2016 by the
National Institute of Justice requiring a geolocation accuracy of 98
feet. Most residences, especially urban apartments, could not
accommodate a person who is 98 feet from the geolocator box. Hence a
miscalculation of 98 feet would register as a violation of household
restrictions.
Meanwhile, Black computer scientist Joy Buolamwini used research
<https://www.npr.org/2023/11/28/1215529902/unmasking-ai-facial-recognition-technology-joy-buolamwini>
on her own face to expose what she labeled the “coded gaze.” The coded
gaze refers to the data base of faces used to create models for
prediction. In Buolamwini’s assessment, the database of faces for
testing this technology is disproportionately white and male, making the
software more likely to identify a face as white and male. In fact,
Buolamwini, who is a dark-skinned Black woman, found that the technology
could not even see her face, apparently because she was out of the norm.
Rather than developing rigorous pre-marketing testing protocols, as tech
writer Dhruv Mehrota told /Truthout/, these technologies “are tested in
the field.” Dillon Reisman, founder of the American Civil Liberties
Union of New Jersey’s Automated Injustice Project, told
<https://themarkup.org/prediction-bias/2023/10/02/predictive-policing-software-terrible-at-predicting-crimes?utm_source=TMP-Newsletter&utm_campaign=ea6b675321-EMAIL_CAMPAIGN_2023_10_03_11_07&utm_medium=email&utm_term=0_5e02cdad9d-ea6b675321-%5BLIST_EMAIL_ID%5D>
/The Markup/ that all over New Jersey, companies are selling “unproven,
untested tools that promise to solve all of law enforcement’s needs,
and, in the end, all they do is worsen the inequalities of policing and
for no benefit to public safety.”
Instead of providing test results, police technology companies primarily
rely on promoting individual success stories
<https://www.soundthinking.com/shotspotter-public-safety-results/?utm_term=gunshot%20detection&utm_campaign=Non-Branded+-+Services&utm_source=adwords&utm_medium=ppc&hsa_acc=8557512895&hsa_cam=19121679341&hsa_grp=142764973374&hsa_ad=655799149081&hsa_src=g&hsa_tgt=kwd-322691664378&hsa_kw=gunshot%20detection&hsa_mt=p&hsa_net=adwords&hsa_ver=3&gclid=Cj0KCQiAjMKqBhCgARIsAPDgWlzmZM6L0etGibUF2pGRpZ1udRlQsVxzQqefPjpZWY_5PXAoLnDV-CkaAkkSEALw_wcB>
or simplistically attributing reductions in crime and the saving
<https://www.youtube.com/watch?v=d1HbknbpFXQ> of lives to the presence
of their technologies without considering other factors. Dayton,
Ohio-based human rights activist Julio Mateo told /Truthout/ that
SoundThinking tries “to play up the situations in which these
technologies help and try to make invisible the times when people are
searched and traumatized.”
Companies and decision-makers seem not to consider the opportunity costs
or ancillary impact of using these devices. For example, in voting for
the reinstatement of SoundThinking in New Orleans after a two-year ban,
Black city councilor Eugene Green proclaimed
<https://www.politico.com/news/2023/10/31/new-orleans-police-facial-recognition-00121427>,
“If we have it for 10 years and it only solves one crime, but there’s no
abuse, then that’s a victory for the citizens of New Orleans.” Like most
supporters of police technology, Green failed to acknowledge that the
financial and human resources devoted to SoundThinking could have gone
to programs proven to prevent violence by providing direct benefits to
impacted populations in the form of services such as mental wellness,
after-school activities and job training. Similarly, Green’s comments
overlooked the trauma of people subjected to repeated false alerts.
On the surface, these outrageous failures to test police technologies
without even the rigor demanded of a toaster appear puzzling. We expect
our phones, laptops, tablets, and every other device we use to meet a
certain consumer standard. A cellphone that consistently connected us to
the wrong number or jumbled the entries in our contact lists would have
a very short shelf life. But completely different standards apply to
technologies of control and oppression, especially those that deal with
Black people and other marginalized populations.
*Why the Paradox Continues*
This apparent paradox exists for several reasons. At a systems level,
the decentralized structure of policing and law enforcement facilitates
the expansion of these technologies. Local authorities typically make
their own decisions on surveillance and policing. For the purveyors of
these technologies, local decision-making offers a huge and welcoming
marketplace. While cities like Boston
<https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/24/883107627/boston-lawmakers-vote-to-ban-use-of-facial-recognition-technology-by-the-city#:~:text=Gaming-,Boston%20Lawmakers%20Vote%20To%20Ban%20Use%20Of%20Facial%20Recognition%20Technology,inaccurate%20for%20people%20of%20color.>
and San Francisco
<https://www.vox.com/recode/2019/5/14/18623897/san-francisco-facial-recognition-ban-explained>
have banned facial recognition, most smaller jurisdictions lack the
technical expertise and resources to conduct serious investigations into
police technology. They rarely have policies or research agendas to
address the potential perils of apps like facial recognition or gunshot
trackers. As a result, the main sources of information for local
government are frequently the company representatives themselves. In
many cases, local police or sheriffs, operating through their own
networks, become the major promoters of these technologies across
regions, largely because they enhance that image of the technical
efficiency of their operations.
The decentralized structure also makes mounting national opposition
campaigns more challenging, especially since federal authorities have
chosen not to impose regulations. In fact, in many instances, federal
authorities promote such usage, offering free access to surplus military
equipment and invasive surveillance technology through the Law
Enforcement Support Office’s 1033
<https://www.dla.mil/Disposition-Services/Offers/Law-Enforcement/Join-The-Program/>
Program as well as grants
<https://www.aclu.org/news/national-security/does-your-local-government-have-black-budget-too#:~:text=Federal%20grants%20to%20local%20and,governments%20via%20opaque%20grant%20programs.>
operating through the Department of Homeland Security and National
Security Agency. As of 2021, more than 10,000 federal, state and local
law enforcement agencies were participating
<https://www.aclu.org/news/criminal-law-reform/federal-militarization-of-law-enforcement-must-end>
in the 1033 Program. Further, the emergence of COVID-19 relief funds
through the American Rescue Plan Act (ARPA) directed
<https://epic.org/two-years-in-covid-19-relief-money-fueling-rise-of-police-surveillance/>
new resource flows to local authorities for police surveillance
technologies such as automatic license plate-readers, facial recognition
systems, gunshot detection programs and phone hacking tools. President
Joe Biden encouraged such expenditures during an address to a Gun
Violence Prevention Task Force meeting in 2022, urging
<https://epic.org/two-years-in-covid-19-relief-money-fueling-rise-of-police-surveillance/>
cities to purchase “gun-fighting technologies, like technologies that
hears, locates gunshots so there can be immediate response because you
know exactly where it came from.” The nonprofit Electronic Privacy
Information Center estimated
<https://epic.org/wp-content/uploads/2023/03/EPIC-ARPA-Surveillance-Funding-Table.pdf>
that as of September 2022, at least 70 local governments had allocated
ARPA funding to surveillance technology.
In addition to systemic factors, police technology also requires a
controlling narrative. What researcher Evgeny Morozov calls
technological-solutionism
<https://www.publicbooks.org/the-folly-of-technological-solutionism-an-interview-with-evgeny-morozov/>,
is essential to that narrative. Technological-solutionism influences
decision-makers and thought leaders to ignore options for addressing
deep social problems like white supremacy or the need to redistribute
income and resources. Instead, technological-solutionism recasts complex
social phenomena as “neatly defined problems with definite, computable
solutions or as transparent and self-evident processes that can be
easily optimized — if only the right algorithms are in place!” In
contemporary capitalism such solutions enhance the profits and the power
of Big Tech <https://hbr.org/2022/01/can-big-tech-be-disrupted> while
making claims to address inequities, particularly those based on race.
This obsession with technological solutions dampens efforts at critique
and provides space for expanding or tweaking police technology.
Moreover, technological-solutionism has emerged amid a fundamental
restructuring of contemporary capitalism, characterized by the rise of
Big Tech and the expansion of policing in all its forms. This
transformation has enabled a range of “solutions” unimaginable less than
two decades ago, including the technologies discussed here.
*We Desperately Need a New Framework for Tech*
However, we are only in the early days of what I refer to as “digital
colonialism,” a period that began with the launch of the first iPhone in
2007. In the world of digital colonialism, solutions come from tech
giants like Google, Microsoft, Apple, Meta and Amazon. In the manner of
colonialists of the past, Big Tech leads the establishment of a settler
regime within the unconquered territory of the digital world. The
companies set the rules, control the technology and dictate the regime
of accumulation. Like colonial states, these powers value order and
hierarchies based on race, ethnicity and gender. Just as colonial states
offered the Bible, Western education and the products of
industrialization, so do Amazon and their ilk offer the digital world of
Chrome, cellphones and Uber in exchange for the essential raw material
for their empire: data.
As immense as the data on current computer clouds may seem, the colonial
oligarchs are just starting to figure out how to deploy artificial
intelligence to collect and use people’s data to both maximize their
profits and extend
<https://www.nytimes.com/2023/06/10/technology/ai-humanity.html> the
depth of social control. Data from facial recognition, crudely racist as
it may be, is only beginning to intersect with other punitive and
controlling technologies. While research has unearthed several of the
shortcomings of predictive policing and gunshot locators, exposing these
flaws represents only a baby step on the path to challenging the immense
power of the digital monopolists.
For the moment, to borrow a phrase
<https://collectiveliberation.org/wp-content/uploads/2013/01/Lorde_The_Masters_Tools.pdf>
from Audre Lord, critics are using the master’s tools to contest the
power of Big Tech. Like the first discoverers of gold in South Africa,
activists and researchers are grabbing a few nuggets of consumer
products while handing over a lot more wealth in terms of biometrics and
other data. Transforming these power dynamics won’t come from merely
attacking the inaccuracies or racial bias baked into modern surveillance
and policing. In fact, enhancing the technical capacity or reducing the
racial bias in these technologies may only create more efficient
punitive regimes.
Many of these technologies simply have no place in a world that respects
life. Databases have many uses, especially in tracking climate change or
air quality, but only if informed by a social justice framework that is
not driven by profit nor dogmatic paradigms that either deify or totally
reject technology.
We remain a long way from putting such frameworks in place. At a moment
when the cutting-edge of technology and surveillance and the world’s
political acumen are trained on Gaza, a tiny strip of land which is
perhaps the ultimate laboratory
<https://www.versobooks.com/products/2684-the-palestine-laboratory> for
these technologies, building that framework looms all the more urgent.
/Thanks to Teresa Barnes, Dhruv Mehrota, Matt Chapman and Julio Mateo
for providing the comments and information used to compile this article. /
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