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New App Lets Bay Area Commuters Silently Report Crime

The Bay Area Rapid Transit (BART) has released a new mobile app that allows riders to discreetly report criminal activity on the trains. BART Watch, available on iTunes and Android in English, Spanish, and Chinese, empowers users to snap photos or send quick texts to BART police rather than try to call 911 or run to a train's intercom. BART spokeswoman Alicia Trost told SFGate that it's "sort of like texting police," and you can even do it anonymously. How does this app square with other tech efforts by law enforcement? App to Report Mass Transit Crime Anonymously With the advent of driving report programs like REDDI, it was only a matter of time until someone adapted the concept for mass transit passengers. BART authorities had announced in March that they were collaborating with ELERTS Corporation to make the BART Alert app, similar versions of which had been created in Massachusetts Bay, Atlanta, and Santa Clara, California. This new app was part of a larger national effort, urging transit passengers that "If You See Something, Say Something." The vague yet Orwellian slogan was cooked up by the U.S. Department of Homeland Security and encourages average citizens to act as extra eyes and ears for law enforcement. New apps like these may be especially in demand in cities like New York, where the police department has taken a hard stance on even the most minor crimes which occur in the city's subways. How Do You Use the App? After installing the app, BART Watch asks for permission to send you emergency alerts and "push" notifications. Then, you are asked to enter your first name, last name, email, phone number, and even face picture. A small disclaimer at the bottom notes that the information is "optional." Once you pass these initial screens, you are lead to the app's main page with the following main options: Report an incident or call BART police. Since one of the selling points of this free app was as an alternative to calling 911, we checked out reporting an incident. The menus were fairly user friendly and allowed users to take photos, type a brief report and even select the type of report and location of the activity. It also included an option to toggle between normal and "anonymous" reporting. Trends like this new app may allow law enforcement to more readily police transit lines in major cities. Related Resources: BART launching app to help riders report crime, suspicious activity (The San Francisco Examiner) Are Police Scanner Apps Illegal? (FindLaw's Blotter) NYC Cops Nab Alleged Rapist Via iPhone App (FindLaw's Blotter) ACLU's New App Secretly Records Police When You Get Pulled Over (FindLaw's Technologist)
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Facebook Password Lawsuit: School Settles for $70K

A Minnesota school has agreed to fork over $70,000 for demanding a sixth-grader reveal her Facebook password. Riley Stratton, now 15, painfully remembers when Minnewaska school officials cornered her over a Facebook post and threatened her with suspension, reports the Star Tribune. The confrontation ended with Stratton relinquishing her password, but thanks to the ACLU's intervention, its ultimate end was the school cutting a check. What were the legal reasons behind the school's Facebook password settlement? Right to Students' Facebook Passwords? According to an ACLU press release, the American Civil Liberties Union branch in Minnesota filed a lawsuit on Stratton's behalf in 2012 claiming that a number of her civil rights had been violated by the school demanding access to her Facebook account. The suit centered on the treatment of Stratton for conduct via Facebook performed outside of school, some of which was alleged to have been of "a sexual nature," reports the Star Tribune. Employers have been treading a legal line in asking for employees' Facebook passwords, but with the threat of cyberbullying, it seems all the more important in schools. Minnewaska Superintendent Greg Schmidt told the Star Tribune that the school just wanted "to make kids aware that their actions outside school can be detrimental." Wallace Hilke, the ACLU attorney for Stratton's case, believes that "[k]ids' use of social media is the family's business" -- not the school's. Stratton's school didn't admit any liability in the settlement, but there will be some changes in its Facebook policies. Settlement Order Promises Change Under the terms of the settlement, the Strattons agreed to drop their claims, as long as the school makes some changes regarding how it handles social media incidents. Minnewaska schools have agreed to: Require students to give up their passwords or account info to school administrators only when there is "reasonable suspicion" they will uncover a violation of school rules; Amend the student handbook to note that students are free to withhold consent to search backpacks or other items, including their Facebook accounts, without the threat of additional discipline; and Train faculty and staff on the policy changes. These changes may be a bit late for Stratton, but they may prevent other students from feeling unduly harassed by school officials about their Facebook passwords. Related Resources: ACLU wins settlement over student's Facebook post (The Associated Press) Can Schools Monitor Students on Social Media? (FindLaw's Law and Daily Life) Asking for Passwords? You May Be Asking for Trouble (FindLaw's Free Enterprise) Daughter's Facebook 'SUCK IT' Post Nixes Dad's $80K Settlement (FindLaw's Decided)
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What Are ‘Ag Gag’ Laws?

So-called "ag gag" laws have allowed some states to muzzle animal rights activists, barring them from taking pictures or videos at livestock facilities. But many of these laws are being challenged in court. In the latest challenge, the American Civil Liberties Union is fighting back against Idaho's "ag gag" law, citing illegal constraints on First Amendment rights, Reuters reports. So what are "ag gag" laws? Agriculture Anti-Whistleblower Laws The term "ag gag" is short for two things: agriculture and gag order. A gag order makes it illegal to speak or report about a certain topic. They're often issued by courts in order to ensure that criminal defendants receive a fair and unbiased trial. In this case, the "gag" part of "ag gag" laws refers to a category of anti-whistleblower laws that relate to animal abuse in the agriculture industry. According to the Humane Society of the United States, these laws have the effect of blocking advocates "from exposing animal cruelty, food-safety issues, [and] poor working conditions" in factory farms. These "ag gag" laws can take many forms, but they tend to criminalize: Taking photos or video of agricultural facilities without permission, Applying for an agriculture job under false pretenses, and Failing to report animal abuses to law enforcement. It may seem perfectly reasonable for states to punish those who silently assent to animal abuse at factory farms. But opponents note that these laws have more often been used to target and prosecute undercover investigators -- those seeking to end animal abuse. Current 'Ag Gag' Suits Idaho passed an "ag gag" law last month, making it a misdemeanor to interfere with agricultural production. This includes recording or photographing factory farms without permission as well as obtaining a job for the purpose of doing economic damage to an agriculture business. A complaint filed by the ACLU on behalf of various animal rights groups complains that the statute violates the First Amendment by unconstitutionally hampering free speech. A similar lawsuit was filed by law professors who believe Utah's "ag gag" law is unconstitutional, reports Food Safety News. There are currently seven states with "ag gag" laws, and all seem to be potentially vulnerable to free speech challenges that the laws are overbroad. Laws which effectively burden speech without a compelling government interest may be struck down as invalid under the First Amendment, which is what "ag gag" opponents are hoping for. Currently, however, there is no binding precedent for striking down an "ag gag" law. Related Resources: Idaho's ag-gag law challenged in federal court (The Idaho Statesman) Horn Honking Restrictions Violate Free Speech, Washington Court Rules (FindLaw's Decided) Begging Ban is Unconstitutional Restriction on Free Speech (FindLaw's U.S. Sixth Circuit Blog) Court Upholds Students' Free Speech Rights in Sleepover Pics Case (FindLaw's U.S. Seventh Circuit Blog)
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