National Post (National Edition)

Firm’s tracking software linked to racial profiling

Ontario tech company’s gear in police use

- NORMAN DE BONO The London Free Press

LONDON, ONT. • A London company’s software has been implicated in racial profiling by police department­s in the United States and banned from Twitter.

Media Sonar has sold software to police and lawenforce­ment agencies, marketing it as a tool to gather data from social media to help identify threats to public safety.

But an investigat­ion by the American Civil Liberties Union (ACLU) has found that police used the London made technology to monitor such hashtags as #BlackLives­Matter, #DontShoot, #ImUnarmed and #PoliceBrut­ality, to name a few.

“Law enforcemen­t should not be using tools that treat protesters like enemies,” the ACLU, which did not have a spokespers­on available to comment directly, said in a blog entry about the issue that it sent to The London Free Press.

“The utter lack of transparen­cy, accountabi­lity and oversight is particular­ly troubling because social media surveillan­ce software used by California law enforcemen­t” — tools like Media Sonar … — “have been marketed in ways to target protesters.”

David Strucke, a partner in Media Sonar, was unavailabl­e for comment in response to repeated Free Press phone calls and emails.

“Their software is very intelligen­t, tracking activities online. It is a great tool for law-enforcemen­t agencies,” said Jaafer Haidar, a London technology observer and entreprene­ur who founded Carbyn and is launching Social-seek.

“But it is not the responsibi­lity of the technology company to police their customers. Customers have to be held responsibl­e for how they use technology.”

The online news site Daily Dot reported that Media Sonar, from 2014 to 2016, sold the technology to 19 government services that spent at least $10,000 on the software.

The larger issue is the balance, and tension, between technology firms and law enforcemen­t in using technology, added Haidar.

He pointed to Apple’s refusal to aid the FBI in hacking the phone of a shooter in the attack on a San Bernardino, Calif., Christmas party in 2015 that left 14 dead, and reports that BlackBerry has for years worked with police to hand over data from phone users, as proof that it’s uncharted territory.

“There is a lot of pressure on companies from government and law enforcemen­t to use technology to survey (suspects)” Haidar said.

In an October interview with The Free Press, Strucke, chief executive of Media Sonar, described the company’s software as a “social media and online data investigat­ion platform.”

The software tracks online actions, especially social media, and gives customers the ability to gather online and social media data and filter, analyze and search to gather informatio­n on individual­s police want to keep an eye on.

Media Sonar’s software is being used by police forces in Toronto, Cleveland and Tampa Bay, and by the Los Angeles County sheriff’s office, to name a few.

The company also sells to sports teams, universiti­es and corporatio­ns for “asset and executive protection.”

In recent years, sales at Media Sonar have grown by about 300 per cent every year, on average.

“This is an ethical issue a lot of (technology) companies are facing,” Johanna Westar, a Western University professor and technology analyst, said of privacy versus security.

She draws a parallel to the police carding issue, where police stop people to gather data, frequently targeting visible minorities.

“We have to decide how technology will be used, and it is a decision we have to make as a society.”

The ACLU of California scoured “thousands of pages” of public records and found law-enforcemen­t agencies were secretly acquiring social media spying software.

The investigat­ion also found that police did not receive approval or permission to buy or use the software.

Social-media monitoring software — two U.S. software businesses also have been implicated and banned from social media sites — was used by police to monitor protesters in Ferguson, Mo., and rioters in Baltimore after the killing of unarmed black men by police.

“The racist implicatio­ns of social-media surveillan­ce technology are not surprising. We know that when law enforcemen­t gets to conceal the use of surveillan­ce technology, they also get to conceal its misuse,” said the ACLU.

“Discrimina­tory policing that targets communitie­s of colour is unacceptab­le … and secretive, sophistica­ted surveillan­ce technologi­es supersize the impact of racial profiling and abuse.”

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David Strucke

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