[mgj-discuss] DC Cops to use cameras to spy on demonstrators

[Mark Rickling]

Police Propose Rules for Video Surveillance In the District

By Spencer S. Hsu
Washington Post Staff Writer
Wednesday, April 10, 2002; Page B01

District police yesterday released a draft of proposed internal regulations 
on video surveillance, but a key lawmaker said that the guidelines are too 
vague and that legislation is needed to govern law enforcement use of the 
expanding technology.

In a four-page document circulated to D.C. Council members, police officials 
propose limits for a computerized video monitoring system that is emerging 
as one of the nation's most extensive.

The closed-circuit television network is capable of linking up eventually to 
1,000 government cameras that monitor streets, subway stations, schools and 
federal facilities in the nation's capital. D.C. police have cameras of 
their own at 12 sites and can access those of other government agencies with 
their permission.

The system, first activated during the Sept. 11 terrorist attacks, also was 
used during a terrorist alert issued by the federal government in February. 
The cameras will be used again during antiwar demonstrations scheduled for 
April 20 in downtown Washington, police officials said.

The regulations proposed by police would allow them to activate the system 
for traffic control, "critical incidents," heightened states of alert or 
special events that pose a potential threat to public safety.

The guidelines say police may record over any material they videotape after 
72 hours, though they do not require that step. They also bar camera 
operators from monitoring individuals arbitrarily or based on race, gender, 
ethnicity, sexual orientation, disability or other classifications protected 
by law.

And the regulations prohibit camera operators from focusing on handbills or 
fliers being carried, to prevent violations of the First Amendment.

But D.C. Council member Kathy Patterson (D-Ward 3), who chairs the panel's 
Judiciary Committee, said clearer rules are needed on activation of the 
system, retention of video records and sanctions for violators.

"We are in fact going to write legislation. . . . Regulations are only the 
first step," Patterson said. "They probably aren't specific enough in a few 
areas."

A spokesman for Rep. Constance A. Morella (R-Md.), chairman of the House 
Government Reform subcommittee on the District, who also had expressed 
misgivings about the reach of the camera network, agreed that the proposed 
police regulations are too spare.

For instance, the police plan is silent about who may access the video 
records, whom the chief can designate to oversee surveillance operations and 
what disciplinary penalties will befall violators, said Morella spokesman 
Rob White. "It definitely needs to be clarified," he said.

Executive Assistant Police Chief Terrance W. Gainer said in an interview 
that videotaping could be authorized by Chief Charles H. Ramsey or his 
designee, such as a police commander or an assistant chief.

Gainer acknowledged that police must specify that recording will not be 
allowed in places out of public view, where there is "reasonable expectation 
of privacy." He said police are still thinking through issues of public 
access.

Johnny Barnes, executive director of the American Civil Liberties 
Union-National Capital Area, said he has forwarded a copy of the draft 
regulations to the NAACP's Metropolitan Police and Criminal Justice Review 
task force.

"The position of the ACLU remains against cameras altogether," Barnes said. 
But he withheld further comment pending review by the task force, which 
monitors District prisons, courts and prosecutors. The group did not return 
a telephone call for comment.

Gainer said he respected the political process but hoped that police tactics 
and enforcement would not be legislated.

"I will not lose any sleep if we are forbidden from using cameras, but I do 
think we'll be less protected," he said. "Sometimes there are mixed messages 
we send to the police: 'I want higher police visibility. I want you to 
prevent crime. . . . I don't want people to run red lights -- but I also 
don't want you to use technology.' "

© 2002 The Washington Post Company





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