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30 July 2024

Police Radio Encryption Fuels Transparency Debates Across America

Cities grapple with balancing safety, privacy, and the public's right to access police communications

The rise of police radio encryption has become a hotly debated topic across the United States, significantly affecting how communities interact with law enforcement. As cities grapple with balancing public safety, privacy, and transparency, the push to encrypt police communications signals a notable shift in public access to information that has historically been available to both journalists and citizens.

Several major cities have announced their intent to encrypt police radio communications, with Minneapolis, Denver, and New York City leading the charge. By encoding police signals, departments aim to protect sensitive personal information and maintain operational integrity, particularly in an age where public scrutiny of law enforcement is intensifying. The challenge, however, is finding the right balance between necessary secrecy and the public's right to know.

On January 23, 2024, Johnson County police agencies in Kansas will fully encrypt their radio communications, joining a growing list of jurisdictions that have taken similar measures. This includes communities like Blue Valley, Fairway, and Olathe, where anyone used to tuning into public police scanner channels will soon find themselves in silence.

As reported by multiple media outlets, the encryption plan has sparked widespread concern among journalists and community members about what this means for transparency, especially in light of recent calls for greater accountability in policing. Dan Shelley, president and CEO of the Radio Television Digital News Association (RTDNA), characterized the encryption movement as an "overreaction on their part," noting a concerning trend of reduced transparency in law enforcement since the uproar surrounding the killing of George Floyd. He emphasizes that while it's essential to protect sensitive information, this shouldn't come at the expense of public awareness and oversight.

Previously, the public had access to police operations via scanners, which served as a critical tool for journalists, allowing them to report quickly on emergencies, crime, and other incidents. Dan Shelley argues, "We don't want to compromise officer and citizen safety by interfering in tactical situations. Leave tactical channels encrypted, but keep other channels open for community awareness." This sentiment echoes throughout the country as more law enforcement agencies adopt encryption, conforming to a broader narrative of accountability amidst a backdrop of protests for justice and reform.

In the past few years, cities like Los Angeles, Chicago, and New York have also encrypted their police radios, citing various reasons, including preventing criminals from receiving advance warnings about police activity. Yet, critics argue this opaqueness hinders necessary public scrutiny. Albert Fox Cahn from the Surveillance Technology Oversight Project highlighted, "Radio monitoring is one of the few ways that we can get an unfiltered look at how the NYPD is policing." This perspective is supported by historical evidence wherein media coverage has uncovered police misconduct, potentially facilitating justice that might have otherwise gone unnoticed.

The motivations for encryption often rest on incidents highlighting vulnerabilities in the current system. For instance, Minneapolis Police Chief Brian O’Hara noted a case where police activities were tracked and disseminated on social media, potentially endangering operations and individuals involved. Likewise, heightened privacy concerns regarding sensitive personal data—like suicidal individuals’ addresses during distress calls—have gained traction. However, many advocate for alternative solutions that would still provide journalists with real-time access while encrypting sensitive information.

The recent decision to encrypt police radios in Austin, Texas has drawn similar ire. Here, police cited reasons related to public safety and the need to safeguard private information. Yet, Michael Schneider of the Texas Association of Broadcasters pointed out that it compromises public trust: “You're entirely dependent on local government to tell you what's going on.” Schneider's comment underscores the creeping invisibility of law enforcement's day-to-day functions, which may lead to diminished accountability.

Yet encryption is not universally accepted as a final solution. In cities where some level of encryption has been adopted, there have been attempts to maintain transparency, but the effectiveness of these measures varies. For example, Chicago's police department aired concerns about the rise in radio encryption but ultimately agreed to a compromise: implementing a delayed access system for the media. Similarly, Las Vegas opted for encrypting its communications while still granting select news organizations direct access.

Amidst varying responses, the case of the New York Police Department (NYPD) has become a flashpoint for further discussion. With the NYPD announcing plans to fully encrypt its communications system for the first time, civil liberties groups and citizens alike have expressed vehement opposition, fearing that a lack of accessibility threatens public oversight and accountability.

Critics like Fox Cahn argue that without public access, citizens are left vulnerable, reliant on law enforcement to control what information gets out: "Without public radio, we will simply be at the mercy of police to tell us when they killed someone. There’ll be no one else who knows." The fear of an unchecked continuum of policing—and its potential consequences—underscores the need for an exchanged dialogue between community members, law enforcement, and journalist institutions.

Community voices reflect similar sentiments. Resident advocates like Rev. Charles Harrison, who leads groups responding to crime scenes, have highlighted how real-time information from police activity helps keep locals informed and safe. The potential for encryption to compromise community members' trust, particularly in incidences of police violence against residents, is a fear echoed by many.

Furthermore, pressing on the issue of accountability, the ability for journalists—often seen as the watchdogs of democracy—to report accurately on law enforcement activities becomes a contested terrain. In moments of disaster, such as natural calamities or local emergencies, timely police radio updates have proven indispensable. For instance, during Hurricane Sandy, timely police scanner updates helped local media provide crucial safety information amid chaos.

As the trend of police radio encryption continues to unfold, it lays bare the increasing tension between safety and transparency. While encryption may be proposed as a means to protect officers and civilians alike, the potential for a more secretive police force looms ominously. The ongoing dialogues across varied cities may pave the way for a framework where safety is maintained without sacrificing vigilant public oversight, thus ensuring that democracy thrives in its truest form.