ENCRYPTION FACT SHEET
NYPD claims encryption for safety
NYPD position: encryption is for safety of officers.
Not entirely true. New radios are digital and therefore cannot be interfered with by other radios.
The new P25 radios, costing about $10k a piece and more than half a billion dollars not including repeaters, programming, extra batteries, holders, and increased manpower. cChinese Bao Feng radios cannot talk on these encrypted radio transmissions. Most of the interference has been caused by radios lost by police officers in the field. The new radios, if lost, can be deactivated remotely.
Improperly used Bao Fong radios have been successfully tracked to their owners and arrests effected by NYPD. It is a felony to interfere with police radios. DONT DO IT!
As per FCC laws, monitoring or interfering with encrypted transmissions can be a federal offense.
NYPD position: Bad guys can listen so we can’t give access to press.
False. Other municipalities are giving access to media and to the public. Some now provide delayed access – which we believe is not necessary if the NYPD gives proper real-time access to accredited media. The public can be provided with delayed access, thereby eliminating any advantage for bad actors.
It has been pointed out that bad guys have been arrested with scanner radios. It takes years to both listen and understand the inner workings of the NYPD. The NYPD rarely tells the listener where units are located except when they have responded to an incident.The NYPD provide proof that criminals have had scanners and might have committed crimes while using them. However, they have not yet provided on instance in which the press used a radio to commit a crime. If they have it, it will be added here as a fact.
NYPD position: Press access is not assured to be in proper hands because accreditation is not done by NYPD.
False. The NYPD is using “council actions” to remove accreditation from NYPD to MOME against the media. MOME is using proper screening of media to provide accreditation and should be respected. This is why the NYPD is saying they will “probably” provide the media with a 30 minute delay. But they say not until they have fully encrypted by the middle 2025 - more than a year after they have encrypted most channels and locked out the media.
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NYPD position: There is no way to provide real time access without proper safety measures for police.
False. The NYPD has from the start of their five year project, not planned for media access in any way and was never part of the plan. Most municipalities providing access work through Broadcastify or other apps. The Apps can provide password access to sites on their platforms to accredited media. Passwords can be provided either from MOME or NYPD. Improper sharing can be grounds for cancellation of the password provided the individual involved is given due process and a fair hearing with opportunity to appeal as is the case with MOME credentials.
See “due process” example lawsuit https://www.justsecurity.org/wp-content/uploads/2017/02/Nicholas.pdf
Real time access can be provided safely with low chance of misuse. The NYPD can provide almost no proof that communications were used by criminals and a new system can assure such use is done properly and bad actors eliminated.
The NYPD now says other concerns are at play including legal, privacy and operational issues. Excuses, excuses as other municipalities are doing this without a problem.
NYPD position: Other options are too difficult.
False. Radios can be purchased, however for several thousand dollars, but it would be necessary for the NYPD to provide back door passwords to listen. A radio purchase would be equal to the purchase of a 35mm camera several thousand dollars
NYPD position: Encryption assures privacy for victims and witnesses
True, however, the NYPD currently uses their NYPD provided IPhones to convey personal information to their commands and never puts over names, addresses or identities of victims, whether civilian or police, over the air. This has been policy for years. EMS doesn’t do that either.
Other issues:
Bad actors such as Fire Chasers, would still have access to fire channels.
True. The FDNY has no plans to encrypt radios as per their public information office. This has been checked several times over the last few years.
The reason no encryption is because many families and off-duty firefighters monitor radios. Also, there are seven volunteer fire companies in NYC that require hearing fire frequencies. There is also no use for criminals other than Fire Chasers, to hear fire radios.
Encrypted radios also have their downsides. They cannot be used in the subways. They are difficult to maintain in high rise sections of the city where there are numerous steel buildings and require numerous repeaters.
Reports have come back that encryption is working sporadically in the precincts being tested. More to come.
NY Media Consortium contact list:
Broadcasters Association David Donovan, president,
NYS Broadcasters Association, Diane Kennedy, President
NY Press Club, Debra Topetta, President
Jane Tillman Irving, past president
NY Press Photographers Association, Bruce Cotler, President
Todd Maisel, Govt Relations Chair, Consortium Founder
Lloyd Mitchell, Govt Relations Committee
NY Deadline Club, Society for Professional Journalists
Cesar Bustamantie, President
crbustamantejr@gmail.com
Peter Szekely, Past President
Colin Devries, past president
National Press Photographers Association
Mickey Osterricher, General Counsel
Radio Television Digital News Association
Tara Puckey, Executive Director
Dan Shelly, President
American Society of Media Photographers
Tom Donley, NYC Chairman
Tom Maddrey, General Counsel
James Edmund Datri, CEO
Associated members, groups and interested parties
Ben Mevorech, WCBS 1010WINS
Adam Stephan, ABC Eyewitnews News
Debra Rothenberg, Vice President, NYPPA
Coalition for Open Government
Michelle Allen, Vice President
Paul Wolf, President, general counsel
It all started when…
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