This is my first Diary so please be gentle :)
AS per the NYT:
Undercover New York City police officers have conducted covert surveillance in the last 16 months of people protesting the Iraq war, bicycle riders taking part in mass rallies and even mourners at a street vigil for a cyclist killed in an accident, a series of videotapes show.
So the past is repeating itself. Welcome back to the future.
At the vigil for the cyclist, an officer in biking gear wore a button that said, "I am a shameless agitator." She also carried a camera and videotaped the roughly 15 people present.
Beyond collecting information, some of the undercover officers or their associates are seen on the tape having influence on events. At a demonstration last year during the Republican National Convention, the sham arrest of a man secretly working with the police led to a bruising confrontation between officers in riot gear and bystanders.
There's More
Bloomberg got a judge to ok this. So much for the "Moderate Republican"
In New York, the administration of Mayor Michael R. Bloomberg persuaded a federal judge in 2003 to enlarge the Police Department's authority to conduct investigations of political, social and religious groups. "We live in a more dangerous, constantly changing world," Police Commissioner Raymond W. Kelly said.
Interesting that this took place in 2003. Didn't 9/11 happen in 2001? I guess the Republican Convention needed more protection from "Terrorist" on bicycles.
Here are your Tax Dollare at work.
Among the events that have drawn surveillance is a monthly bicycle ride called Critical Mass. The Critical Mass rides, which have no acknowledged leadership, take place in many cities around the world on the last Friday of the month, with bicycle riders rolling through the streets to promote bicycle transportation. Relations between the riders and the police soured last year after thousands of cyclists flooded the streets on the Friday before the Republican National Convention. Officials say the rides cause havoc because the participants refuse to obtain a permit. The riders say they can use public streets without permission from the government.
So they not only infiltrate they agitate with a "get out of jail card free".
Another arrest that appeared to be a sham changed the dynamics of a demonstration. On Aug. 30, 2004, during the Republican National Convention, a man with vivid blond hair was filmed as he stood on 23rd Street, holding a sign at a march of homeless and poor people. A police lieutenant suddenly moved to arrest him. Onlookers protested, shouting, "Let him go." In response, police officers in helmets and with batons pushed against the crowd, and at least two other people were arrested.
The videotape shows the blond-haired man speaking calmly with the lieutenant. When the lieutenant unzipped the man's backpack, a two-way radio could be seen. Then the man was briskly escorted away, unlike others who were put on the ground, plastic restraints around their wrists. And while the blond-haired man kept his hands clasped behind his back, the tape shows that he was not handcuffed or restrained.
The same man was videotaped a day earlier, observing the actress Rosario Dawson as she and others were arrested on 35th Street and Eighth Avenue as they filmed "This Revolution," a movie that used actual street demonstrations as a backdrop. At one point, the blond-haired man seemed to try to rile bystanders.
After Ms. Dawson and another actress were placed into a police van, the blond-haired man can be seen peering in the window. According to Charles Maol, who was working on the film, the blond-haired man is the source of a voice that is heard calling: "Hey, that's my brother in there. What do you got my brother in there for?"
After Mr. Browne was sent photographs of the people involved in the convention incidents and the bicycle arrests, he said, "I am not commenting on descriptions of purported or imagined officers."
So as we can see everything old is new again.
The authority of the police to conduct surveillance of First Amendment activities has been shaped over the years not only by the law but also by the politics of the moment and the perception of public safety needs.
In the 1971 class-action lawsuit, the city acknowledged that the Police Department had used infiltrators, undercover agents and fake news reporters to spy on yippies, civil rights advocates, antiwar activists, labor organizers and black power groups.
A former police chief said the department's intelligence files contained a million names of groups and individuals - more in just the New York files than were collected for the entire country in a now-discontinued program of domestic spying by the United States Army around the same time. In its legal filings, the city said any excesses were aberrational acts.
The case, known as Handschu for the lead plaintiff, was settled in 1985 when the city agreed to extraordinary new limits in the investigation of political organizations, among them the creation of an oversight panel that included a civilian appointed by the mayor. The police were required to have "specific information" that a crime was in the works before investigating such groups.
The Handschu settlement also limited the number of police officers who could take part in such investigations and restricted sharing information with other agencies.
Over the years, police officials made no secret of their belief that the city had surrendered too much power. Some community affairs officers were told they could not collect newspaper articles about political gatherings in their precincts, said John F. Timoney, a former first deputy commissioner who is now the chief of police in Miami.
The lawyers who brought the Handschu lawsuit say that such concerns were exaggerated to make limits on police behavior seem unreasonable. The city's concessions in the Handschu settlement, while similar to those enacted during that era in other states and by the federal government, surpassed the ordinary limits on police actions.
"It was to remedy what was a very egregious violation of people's First Amendment rights to free speech and assemble," said Jeremy Travis, the deputy police commissioner for legal affairs from 1990 to 1994.
At both the local and federal level, many of these reforms effectively discouraged many worthy investigations, Chief Timoney said. "The police departments screw up and we go to extremes to fix it," Chief Timoney said. "In going to extremes, we leave ourselves vulnerable."
Mr. Travis, who was on the Handschu oversight panel, said that intelligence officers understood they could collect information, provided they had good reason.
"A number of courts decided there should be some mechanism set up to make sure the police didn't overstep the boundary," said Mr. Travis, who is now the president of John Jay College of Criminal Justice. "It was complicated finding that boundary." The authority to determine the boundary would be handed back to the Police Department after the Sept. 11 attacks.
On Sept. 12, 2002, the deputy police commissioner for intelligence, David Cohen, wrote in an affidavit that the police should not be required to have a "specific indication" of a crime before investigating. "In the case of terrorism, to wait for an indication of crime before investigating is to wait far too long," he wrote.
Mr. Cohen also took strong exception to limits on police surveillance of public events.
In granting the city's request, Charles S. Haight, a federal judge in Manhattan, ruled that the dangers of terrorism were "perils sufficient to outweigh any First Amendment cost."
New guidelines say undercover agents may be used to investigate "information indicating the possibility of unlawful activity"- but also say that commanders should consider whether the tactics are "warranted in light of the seriousness of the crime."
Ms. Clancy said those guidelines offered no clear limits on intrusiveness at political or social events. Could police officers take part in pot-luck suppers of antiwar groups, buy drinks for activists? Could they offer political opinions for broadcast or publication while on duty but disguised as civilians?
Mr. Browne, the police spokesman, declined to answer those questions. Nor would he say how often - if ever - covert surveillance at public events has been approved by the deputy commissioner for intelligence, as the new guidelines require.
Are we convinced yet that we are moving rather rapidly into a police state, where even funerals and bicyclists aren't safe. Or am I just getting paranoid.