I shot the sheriff
But I did not shoot the Deputy
Excerpt
from the song “I Shot the Sheriff” by Bob Marley
Senator Dwight Nelson, Minister of
National Security and Justice, recently made his presentation in Parliament
that seemed to have passed through one ear of John Public and out the other, as
apparently they are thoroughly hypnotized by the crime statistics that are now
prominently being displayed at the top of the Gleaner newspaper.
Despite this crime level being the
norm since 2000 and before, as the number of people murdered will naturally be
more than the number of days in a year.
Had people been paying attention,
they would have realized that the new crime strategy is not only genius, but is
a mixture of both old and very fresh ideas that require groundbreaking
legislative changes that once implemented, would make criminals have not only a
hard time communicating, but moving around in Public, whether it be in a motor
vehicle or in Public spaces.
His Crime Initiative consists of
re-invigorating the community policing efforts and focusing on dismantling
gangs as well as the use of technology in the form of DNA and other forensic
evidence to secure convictions in the absence of witnesses, increased use of
CCTV Cameras and the legislative changes required to make it legal to use as
well as the implementation of mandatory registration of Mobile phone
subscribers
Effectively the first step in MNP (Mobile
Number Portability) as stated in the article “Cellphone
monitoring important to fighting crime - Nelson - Government introduces
mandatory registration of subscribers”, published Saturday, May 01, 2010,
by ALICIA DUNKLEY, Observer staff reporter, The Jamaica Observer.
Like I said, straight genius………..
Lets us start with Community
Policing. This is a very effective strategy that is in dire need of
revitalization among concerned John Public, due to the social stigma among most
Jamaicans as it relates to being branded an “Informer”, which the Police have
to get around by forging partnerships with the people, so as to create trust.
In most gated communities in
Jamaica, the very simple Neighbourhood Watch programme has always been and is
still a very successful means of keep crime out of neighborhoods that have
law-abiding citizens who are concerned enough about their safety that they are
willing to report criminal activities in a timely manner by being good
neighbours and looking out for each other. Thus, Community Policing should be
no less successful.
This is a very important element in
any crime fighting strategy, as the people being affected cannot simply allow
disenchanted young people and adults to loiter around in their communities and
eventually form themselves in gangs.
Thus Anti-Gang Legislation that has
been mired in debate in Parliament thus far should come to light, as political
maneuvering on the issue, mainly to avoid Human Rights and Advocacy Groups,
should no longer be necessary.
The statistics bring to light the
dire need for more direct confrontation by the Police with the social roots of
the problem, as criminal behavior cannot be blamed on Dancehall Music,
Unemployment, the Drug Trade and other forms of anti-social expression in
society alone.
Thus by going after gangs and their
formation by targeting at risk youth and adults via Community Policing is a
bold step, and it is hoped that this time around the Minister of National Security
and Justice via the Police will seek to form partnerships with the people,
encourage the formation of Neighbourhood Watches and sensitize people with the
need to come forward and report criminal activities and thus wean communities
such as Tivoli Gardens off a dependence on gangs and “badmen” who prey on them.
People have to be resilient in the
face of the criminal elements, take a stand by reporting suspicious activity to
the Police or give information on crimes to ensure convictions.
But then such members of John Public
are skeptical, even branding my last comment as crazy, as reporting as a
witness to a crime is tantamount to committing suicide. So what protection does
the State offer to John Public when he decides to become a witness to a crime?
Again, Senator Dwight Nelson,
Minister of National Security and Justice had also proposed legislative
amendments to use DNA, fingerprints and other forensic evidence to secure
convictions as opposed to merely being evidence in a crime. Forensic evidence
is used in Jurisprudence of the United
States of America to secure criminal
convictions combined and in some states in lieu of witness statements and
witness courtroom testimony.
This is very essential legislative
change, especially in Cases where witnesses testified but are afraid to trust
the Police and come forward to give courtroom testimony, often being killed
allegedly by the accused, thus allowing the Courts the leeway to use forensic
evidence, such a fingerprints and DNA to positively identify criminal
perpetrators and thus secure a conviction after having exhausted the route of
witnesses, especially in case where such evidence is available and witnesses to
the crime are afraid to come forward.
In addition to these legislative
requirements, there is also a need to train members of the Police force in
crime scene investigation and forensic analysis of the crime scene.
Effectively, this means the acquiring of equipment to improve Forensic Unit and
more training of Forensic Specialist in the field.
Improvements in the Witness
Protection Program are also a necessity as well as legislation to address
issues of Police brutality and extrajudicial killings, long been the bane of
the Human Rights and Advocacy Groups, still crying foul as we have yet to fully
implement legislative changes that allow for Police to be held accountable for
their actions deemed excessive against the Jamaica citizenry and the Charter of
Rights and Freedoms
It is being held up in Parliament
in debates about death penalty, as stated in the article “Rights
charter sits in limbo”, published Tuesday April 6, 2010 by Daraine Luton,
Senior Staff Reporter, The Jamaica
Gleaner.
At this point John
Public feels a bit more relaxed and is now a bit curious about the
technological side of Senator Dwight Nelson, Minister of National Security and
Justice Crime Initiative, involving CCTV Cameras. In the case of CCTV Cameras,
these can be installed using a private contractor paid via Traffic Tickets as
declared by Paula Fletcher, Executive Director
of the NRSC (National Road Safety Council).
Already the
Government of Jamaica, in the form of the NRCS had declared the coming of
Electronic Ticketing, as stated in the article “CCTV
speed Traps - Surveillance Cams to track Road Hogs”, published Monday July 13, 2009 by Tyrone Reid, Staff Reporter, The Jamaica Gleaner in eighteen months (18) since the Publication
of this article.
It is hoped that this system will come on
stream sooner and its implementation would see the fulfillment of the mandate
set by Senator Dwight Nelson, Minister of Security, stated in the Local Segment
of Prime Time News aired
Thursday April 1st 2010, Television
Jamaica in Parliament on Thursday April 1st 2010 that the Ministry
of National Security intend to raise almost JA$350 million in Traffic fines
this year, an increase of JA$100 million over last years figure, an increased
enforcement of the Road Traffic Act, thus reducing the carnage on the roadways.
But it has more far reaching implications in
that it would not only result in the implementation of the so-called Automated
Electronic Traffic System similar to as exists in Britain, eliminating Police
corruption and freeing them from Traffic duty to fight more serious crime as
stated by Superintendent Claude Reynolds, head of the Traffic Division
It would also result in fundamental changes
in the laws as it relates to the treatment of evidence and the use of
electronic recordings i.e. still photographs, Video or Audio, be they digital
or analog at the time of recording the offence, provided that the witness can
prove that their electronic recording device is registered in their name,
making electronic evidence authentic and habeus
corpus for a conviction for any crime.
These legislative changes that would
legitimize the use of electronic recordings i.e. still photographs, Video or Audio,
be they digital or analog at the time of recording the offence in would empower
both Police and citizenry who possess electronic recording devices such as Cameras,
Mobile phones with Camera, recording devices to get them registered with the Police,
a media house e.g. TVJ, CVM TV, or other media authority acting on behalf of
the CCN (Constabulary Communication Network)
This is to allow for easy capture of
evidence, the electronic device undergoing special tests by the Bureau of
Standards to verify that its recordings have not been altered or tampered with
in any way.
Thus citizens can just simply turn in
evidence in the form of electronic recordings i.e. still photographs, Video or Audio,
be they digital or analog at the time of recording of a crime much in the same
way and via the same media as currently done via the PSOJ (Private Sector
Organization of Jamaica) Crime Stop Initiative.
The same Media Houses as the Third Party
collector of evidence, guaranteeing anonymity to the witnesses by virtue of the
Media Houses legitimate right to protect their sources of information.
With the build out of 3G from LIME and CLARO
and the coming of WiMaX 4G Mobile (IEEE 802.16d) broadband internet islandwide
from Digicel, slated to cover 90% of the island, as stated in the
article “Digicel
to offer mini Laptops with 4G service next year”, published Friday
September 4, 2009, The Jamaica
Gleaner.
ZTE Corp of China
as their build out partner of their new WiMaX 4G Mobile (IEEE 802.16d) Network
as stated in the article “Digicel signs ZTE as 4G
Mobile WiMaX internet partner”,
published Sunday, September 27, 2009, The Jamaica Observer capable of carrying high definition Video and
Audio from Wireless IP Cameras positioned at roads, bridges and intersections
all over Jamaica, it would be impossible for crime to be committed without a
set of Cameras watching.
A fact that privacy advocates cannot dispute.
Even better, with such far reaching legislation, the CCN can get creative. RC
helicopters can be retrofitted to be controlled using 3G or WiMaX 4G Mobile
(IEEE 802.16d) to carry the control signaling and Audio and visual information
from several mini InfraRed Cameras mounted on the miniaturized helicopter
piloted via laptop or even a smart phone.
Making real-time surveillance and
reconnaissance at night possible, without Police having to risk themselves in
the process, especially it is a dangerous area which would normally require
helicopter surveillance support from the JDF (Jamaica Defence Force), thus
saving on fuel and manpower.
A Database could be made of all the wanted
criminals and using facial recognition Software similar to that of Face.com
being used on FaceBook as suggested in the article “Face.com opens its
face recognition tech to devs”, published May 3, 2010 10:00 AM PDT, by Josh
Lowensohn, CNET News.
This Database made searchable in real-time,
would allow the CCN to positively identify criminals as they move about in
towns and developed areas in Jamaica, giving them no freedom of movement, as on
being spotted, the Police can move in and have them arrested for their past
felonies.
Cameras in private business establishments
can also be connected to the system via a set top box that would give the CCN
access to Video from within private business places frequented by the Public
e.g. department stores, malls shops, etc. expanding their range of view, a
small loss of privacy voluntarily given up in order to expand the Police’s
ability to capture wanted criminals, be it for Traffic Ticket Violations or
Murder.
With 3G and WiMaX 4G Mobile (IEEE 802.16d)
broadband internet islandwide from Digicel, slated to cover 90% of the island,
security companies and the CCN would account for nearly 80% of the business
customer base of Wireless broadband internet.
But it is the mandatory registration of Mobile Phone Instruments that has
me giddy, as this is actually the first step towards MNP (Mobile Number
Portability) a necessity as stated by the OUR (Office of Utilities
Regulation) Director General Ahmad Zia Mian.
Jamaica has used up all of the
eight million (8,000,000) phone numbers that were assigned to our LATA (Local
Access Transport Area) in 2000 after the Liberalization of the Telecoms Sector
by then Senator Phillip Paulwell, Minister of Telecommunications, with only one
million (1,000,000) being left.
As efficiency is demand by the NANP
(North American Numbering Plan) in order to get extra numbers the adoption of
MNP as a precursor to the expected demand for new numbers with the coming new
services being offered in the summer by the Big Three (3) Telecoms Providers
Digicel, LIME and CLARO is indeed a necessity as published in the article “OUR
signals policy shift on portability - Says Jamaica running out of phone numbers”,
published Friday November 20, 2009 by Mark Titus, Business Reporter, The Jamaica Gleaner.
Registration of Phone Numbers,
Phone Instruments (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) IMEI and SIM Cards (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) IMSI using Government of Jamaica approved identification i.e. Voters
ID, Drivers License, Passport, TRN, Birth Certificate is essential component of
MNP, and is usually accomplished after an audit of the Telecoms Provider’s
Customer and Subscriber base is completed.
However, it can also be done
without the initial audit, as the audit is really necessary only to ascertain
the Inactive Phone Numbers, Phone Instruments (Mobile, fixed line Mobile, Landline
or Wired /Wireless modems) IMEI and SIM Cards (Mobile, fixed line Mobile, Landline
or Wired /Wireless modems) IMSI in the Telecoms Provider’s Switch. But the
implications of this, which I consider to the boldest move by any Minister of
National Security, are mind-boggling.
Once Registration commences, it
creates the perfect setup for MNP, which is currently being researched by the
OUR in terms of a cost-benefit analysis, research slated to be completed by
June 2010 as stated in the article “Paulwell
calls for number portability”, published Wednesday April 21, 2010 by
Daraine Luton, Senior Staff Reporter, The
Jamaica Gleaner and as such would dovetail neatly into the long term future
of the Telecoms Sector.
Then there is
the implications as it relates to criminal gangs, many of whom are subscribers
to the services of the various Telecoms Providers and use their networks to
organize their criminal activities using Unregistered Mobile Phones, often with
Phone Instruments (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) IMEI and SIM Cards (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) IMSI purchased without registration of any form.
The Government
of Mexico has seized upon this fact, and had begun to force the Telecoms
Providers in that country to disconnect the Mobile phones of nearly twenty six
million (26,000,000) Mexicans by the end of the week, specifically April 17th
and 18th 2010 if they fail to register themselves by the
aforementioned dates, using their Clave Unica de Registro de Poblacion (CURP)
[CURP, in English]
This is supposed
to be a unique ID for every Mexican citizen as reported by Reuters and repeated
by CNET
Loaded aired April 12th 2010 by Natalie Del Conte, CNET News
This is an
unprecedented move by any country, Developed or Developing, but perfectly
legal, as Mobile subscribers do not own their Mobile phones or Mobile phone
service, and registration would not only help to positively identify legitimate
Mobile phone users but also prevent criminals from using Mobile phones, as
obviously they would not have a legitimate CURP and if they did, it would assist
the Police with the co-operation of the Telecoms Providers to identify wanted
criminals based on their information being entered to register their Mobile
phones.
Registration
using Government of Mexico approved identification i.e. CURP would create the
need among Telecoms Provider, as a means of protecting their Customers and
Subscribers base, to put in place policies and mechanisms to stop the
Unauthorized Access to the Telecoms
Providers Networks by Customers and Subscribers who either:
1.
Purchase Phone Instruments (Mobile, fixed line Mobile, Landline
or Wired /Wireless modems) from one Telecoms Provider (whether local or abroad)
2.
Unlock them and place them on another Telecoms Provider
Network without contacting the Telecoms Provider Customer Care Center whose
Network the Customers and Subscribers are attempting to access
It will also
make the purchase of SIM Cards (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) or Phone Instruments (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) from Unlicensed Third Party Vendors of these Phone Instruments (Mobile,
fixed line Mobile, Landline or Wired /Wireless modems) who do not register the
sale of the Phone Instruments (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) IMEI and SIM Cards (Mobile, fixed line Mobile, Landline or Wired /Wireless
modems) IMSI difficult.
It would also
make it difficult for Customers and Subscribers who are accessing Telecoms
Provider Network and attempting to access or purchase of SIM Cards (Mobile,
fixed line Mobile, Landline or Wired /Wireless modems) or Phone Instruments (Mobile,
fixed line Mobile, Landline or Wired /Wireless modems) from Telecoms Provider
without registering the Customers and Subscribers using Government of Mexico
approved identification i.e. CURP.
One such
necessary measure of MNP is that Telecoms Providers could have to make it
mandatory to pair the Phone Instruments (Mobile, fixed line Mobile, Landline or
Wired /Wireless modems) IMEI and SIM
Cards (Mobile, fixed line Mobile, Landline or Wired /Wireless modems) IMSI in
the Telecoms Providers Switch Equipment.
This would be
done in such a ways such that the if during the execution of a Mobile phone
call there is a mismatch of the Phone Instruments (Mobile, fixed line Mobile, Landline
or Wired /Wireless modems) IMEI and SIM Cards (Mobile, fixed line Mobile, Landline
or Wired /Wireless modems) IMSI in the Common Database of Available Numbers,
SIM IMSI and Phone Instrument IMEI, the call will be blocked.
The Phone
Instruments unable to make or receive calls or any other form of communication
and would be effectively be barred from working on any of the other Telecoms
Providers Networks, which is effectively a requirement of MNP.
Disconnection of
Mobile customers can also be imposed on the Telecoms Providers by the
Government of Jamaica, as the Telecoms Providers would be presented with a similar
moral dilemma which would paint them in a bad light, as if they refuse, they
can both in the court of John Public as well as in real court, be take to task
with the fact that they are in effect aiding and abetting the criminals and
their ability to communicate.
Thus, the
actions of The Government of Mexico, albeit draconian, can be replicated by the
Government of Jamaica and combined with CCTV Cameras installed at every
Telecoms Providers Customer Care Office, facial recognition Software could even
identify criminals as they enter the Telecoms Providers Customer Care Office,
allowing the Police to immediately respond and arrest the persons in question
for everything from Traffic Ticket Violations to Murder.
Even better is
the applications as it relates to tapping Mobile phone conversations. Currently
to do this legally, one has to get a court order [subpoena] from a Puisne Judge,
but with registration positively identifying the customers.
This process is
considerably made easier, as the CCN only have to provide reasonable
justification for suspecting the person of a crime, which can, ironically be as
simple as a Traffic Ticket Violations to Murder in order to gain this access to
tapping the suspect’s Mobile phone from within the Telecom Provider’s Network.
Additionally,
the CCN can also tap phone conversations via the use of an Open Source Solution
provided by Dr. Karsten Kohl, who holds a PhD in computer engineering from the
University of Virginia.
Dr. Karsten
Kohl, with assistance from the Open Source Community, demonstrated a practical
means by which A5/1 64 bit GSM voice encryption and eventually the A5/3 128 bit
GSM voice encryption can be easily decrypted using off-the-shelf computer equipment
as stated the article “Q&A: Researchers
Karsten Nohl on Mobile eavesdropping”, published January 1, 2010 4:00 AM
PST by Elinor Mills, InSecurity Complex – CNET News, also with an easily
obtained court order [subpoena] thanks to all Mobile phones being registered.
Obtaining Mobile
phone, fixed line or Landline call records or tracking information from
Telecoms Providers is also easily worked into our legislation and requires no
subpoena.
This information
stored in the Telecoms Provider’s Database belongs to the Telecoms Provider and
can be used by the Telecom Provider for VAS (Value Added Services, such as
placement in a phone directory. The case with FLOW and some of it supposedly
“private” customers as stated in the article “Privacy
Breached - FLOW Clients railing against Directory Listing”, published
January 31st 2010, the Sunday Gleaner by Mark Titus, Business
Reporter, The Jamaica Gleaner is
strikingly familiar
It can be easily
argued in Jamaica Jurisprudence that customers cannot expect a reasonable level
of privacy with regards to information stored about them in a Telecoms
Providers Database as is the case in the United States of America, which has
similar laws to Jamaica as it relates to privacy of customer information in
Third Party Databases
The Obama
Administration has argued successfully that warrantless tracking is permitted
because Americans enjoy no “reasonable expectation of privacy” in their cell
phones' whereabouts. The U.S. Department of Justice lawyers argued that “a
customer's Fourth Amendment rights are not violated when the phone company
reveals to the government its own records” i.e. Mobile device placed and
received calls as stated in the article “Feds push for
tracking cell phones”, published February 11, 2010 4:00 AM PST by Declan
McCullagh, CNET News - Politics and Law.
Thus Mobile
Triangulation, or geo-location, using either GPS (Global Positioning Satellite)
installed in Mobile smart phones or Mobile triangulation.
This can be the
traditional Triangulation technology employed by some Telecom Providers such as
Vodafone in England or the novel single channel single tower solution provided
by start-up GloPos for Mobile phones without GPS as stated my blog article
entitled “Mobile
Triangulation - A Solution to Crime under our Noses”.
Geo-location is
currently popular with users of Mobile phones on their FaceBook and Twitter
updates as stated in the article “Facebook
will Allow users to share Location”, published March 9th 2010 1:44pm, by
Nick Bolton, New York Times – Technology,
can be implemented and offered to the CCN as a means of tracking the location
of known criminals, be they Traffic Ticket Violations or Murderers.
Telecoms
Providers can benefit, not only by having the CCN as a client for this service,
but also by Telecoms Providers offering the geo-location as a VAS, possibly
being made into a Mobile Social Networking Platform that is paid for via Mobile
phone advertising allowing geo-location based advertising and customers the
ability to find missing persons, once they have a Mobile phone that is active
and turned on
Not to mention
identify people calling them from unknown numbers, the typical scenario of the
kidnapping as alluded and lauded by Opposition Senator Sandrea Falconer as
stated in the “Cellphone
monitoring important to fighting crime - Nelson - Government introduces
mandatory registration of subscribers”, published Saturday, May 01,
2010, by ALICIA DUNKLEY, Observer staff
reporter, The Jamaica Observer.
But why stop there?
The Ministry of National Security,
once IP based CCTV Cameras are installed islandwide can combine their facial
recognition Databases from the CCN, Mobile Phone Registration Databases available
from the Telecoms Providers, the information available in the so-called Automated Electronic Traffic System
Databases to be set up by the NRCS and the Forensic Databases also set
up by the CCN to identify criminals by their faces, Mobile phones and motor
vehicles in real-time.
Effectively a form of Augmented
Reality, as stated in the article “Augmented
Reality Goes Mobile”, published November 3, 2009, 12:44AM EST By Rachael King,
BusinessWeek - AUGMENTED REALITY,
using Cameras mounted in Police vehicles in conjunction with the Cameras
already mounted on roads, bridges and highways.
As vehicles pass by, the Software
not only identifies the vehicle but also the driver using either their face (if
visible) or their registered Mobile phone, once the person has opted into
geo-location. Forensic information can also be brought to bear, either by
taking DNA blood or hair samples, fingerprints or other biometric data to
positively identify the suspect in real time for any crime from Traffic Ticket
Violations to Murder.
This would make Police
identification of criminals, be they Traffic Ticket Violations or Murders, as
simple as getting a photograph or even an Audio recording of the persons voice,
effectively voice recognition.
This is really last cherry atop the
delicious cookies and cream ice cream Sundae that I have just written to
elucidate the statements of the Senator Dwight Nelson, Minister of National
Security and Justice that signal to me the rich, creamy rewards that can be
garnered by the Crime Initiative by the implementation of Community Policing,
Anti-Gang Legislation, use of Forensic Evidence in solving Cases, both current
and cold Cases
Convictions in lieu of witness
testimony, CCTV Cameras connected to Databases for Traffic Ticket Violations
and facial recognition, registration of Mobile phones making it difficult for
criminals to communicate and move around without being tracked and to top it
off, the cherry on top indeed.
The combination of the above
Forensic, CCTV Traffic Ticket Violations , Facial Recognition and Mobile Phone
Registration and Geo-location Databases to enable a real-time Augmented Reality
Database available to the CCN and all Police for the quick apprehension of
criminals who frequent cities, towns and developed parts of the Jamaica.
A guaranteed, albeit expensive but
nonetheless proven method i.e. sharing Databases, of catching criminals in our
crazy out-of–control crime situation in Jamaica once the necessary political
will is there to implement.
Senator Dwight Nelson, Minister of
National Security and Justice, has fate and experience on his side as his son,
Julius Nelson was also murdered in 2004 when his apartment was burglared and
his Nelson's Honda CRV motor vehicle and several appliances, including his Mobile
phone, was stolen, as stated in was “Dwight
Nelson's Son murdered”, published Sunday, October 31, 2004, The Jamaica Observer.
Thus, the good Minister is also in
the corner of the law-abiding citizen, despite the current perception of a
spiraling crime rate, which is merely an illusion created and sensationalized
by the media, as the learned John Public, an expert Statistical Analyst, realizes.
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