SAN FRANCISCO, Calif. — The Government Accountability Office, an independent non-partisan watchdog agency, released a report this month finding that the US Customs and Border Protection and US Immigration and Customs Enforcement have unsuccessfully implemented their body camera programs, with ICE failing to meet its own policy initiative of “accurately documenting events” to promote transparency and enhance public trust.
The GAO report noted, “ICE lacks a reasonable assurance of compliance with activation requirements in policy” and for this reason recommended that automated camera activation be used to ensure that body cameras are activated in accordance with its policy. ICE policy stipulates that agents activate their body cameras “as soon as practical at the beginning of an Enforcement Activity and deactivation when the activity is concluded.”
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Automated activation technology guarantees that a body camera is automatically switched on the moment an officer draws their firearm or conducted energy device (commonly TASER) to capture as much as an enforcement activity (from start to finish) as possible.
Automated activation for body cameras is already used by federal law enforcement officers, so why not for ICE?
ICE however rejected the recommendation to implement automated activation technology for use with its body cameras citing “significant operational risks, including inadvertent or false activations during routine movement,” while suggesting that accidental activations of its body cameras could record sensitive information, violate privacy, and even contravene the First Amendment.
These claims are baseless and somewhat puzzling especially since some federal law enforcement officers already use automated activation, as do other police agencies across the country.
Consider the VA Police who are federal law enforcement officers of the US Department of Veterans Affairs. According to their policy, body cameras are automatically activated when an officer draws their firearm.
In the case of an accidental activation, VA Police policy classifies such footage under the category of “false activation” and when designated as such, denotes that the accidental footage can be stored for 30 days before deletion whereas the retention of footage categorized as “investigation” may be retained for as long as 25 years.
The VA Police use Axon body cameras, the same devices used by ICE and by many police departments in the US.
Axon body cameras have a “false activation cancellation” option as an additional feature of their body-cameras products, providing law enforcement officers with the ability to “stop accidental or undesired recordings” should they occur. The option is initiated with the simple press of a “cancel button” on the screen of the body camera.
There are obvious worries of the unauthorized deletion of recordings, but such concerns can be addressed with good policy. Consider Section 11 “Accidental Recordings” of the body camera policy of the San Jose Police Department (SJPD) as an example.
Section 11 outlines the process for the handling of body camera recordings that have no evidentiary or investigative value. In such circumstances, the “officer will submit a request for deletion via email” to their direct supervisor. The policy specifies that the request email is to be forwarded through the chain of command. The receiving commanding officer is then responsible for reviewing the accidental footage prior to approving (or denying) the request for deletion. The email chain provides a shared written record to deter any malfeasance and to ensure accountability.
As if all of this wasn’t enough to warrant automated body camera activation for use with its body cameras, ICE has maintained that it will only release footage that “is in the best interests of the agency.” Presumably then any “false activations” of ICE body cameras that capture sensitive information or violate privacy would not be released anyway.
Automated activation for body cameras is already used by federal law enforcement officers, so why not for ICE?
The logical conclusion is that ICE’s failure to adopt automated camera activation into its body camera program is merely a blatant attempt to evade any semblance of transparency and accountability.
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What kills me every day is knowing we (Latinos) helped do this to ourselves, because we just couldn't understand, until it was too late, that NONE of us will ever be white enough to have the luxury of voting Republican.