Sign-On Letter to the New York Office of the Inspector General to Investigate Funding of Audio Surveillance Technology in U.S. Jails and Prisons

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Lucy Lang, New York State Inspector General

New York State Office of the Inspector General

Empire State Plaza, Agency Building 2, 16th Floor

Albany, New York 12223

Via U.S.P.S. & Email


Re: Audio Surveillance in N.Y. Prisons and Jails


Dear Madame Inspector General:


The undersigned civil rights and privacy organizations call on the New York Office of the Inspector General (“the OIG”) to investigate state and local procurement of unproven, invasive, and biased audio surveillance technology in N.Y. prisons and jails.


In 2020, New York City jails and prisons recorded thousands of phone calls, including 1,500 between

attorneys and their incarcerated clients.[1] This was not an isolated problem. Records reveal that the

City’s phone provider, Securus, recorded tens of thousands of attorney-client privileged calls across

the United States, communications that are protected from surveillance under the Sixth Amendment

of the U.S. Constitution and the Federal Wiretap Act.[2] Securus and similar providers have been

committing these violations for years. They represent a longstanding and systemic practice of recording privileged communications, and in many cases, turning these communications over to law enforcement and prosecutors.


This attack on New Yorkers’ right to counsel is compounded by prisons and jails’ deployment of new

artificial intelligence surveillance tools. In addition to illegally surveilling privileged attorney-client

communications, jails and prisons have used these tools for other illegitimate and presumably

unapproved purposes, including the discrimination of people of color and restriction of speech related

to COVID-19.[3]


A recent case in Suffolk County, New York, illustrates the critical nature and mass scale of this issue that call for urgent action. According to recent reporting, the United States Department of Justice’s Office of Justice Programs made a $700,000 grant to the county for the procurement of Verus, a phone call transcription and search tool manufactured by LEO Technologies.[4] Corrections officials in New York and six other states use Verus to automate and expand audio surveillance, including the illegal surveillance of privileged attorney-client communications.[5] In Suffolk County alone, officials used Verus to surveil over 2.5 million phone calls between April 2019 and May 2019.[6]


Suffolk County officials searched communications for “mara,” an often-benign Spanish word that can

refer simply to a group of friends.[7] This technology appears poised to falsely accuse Spanish-speaking

New Yorkers of gang membership, putting them at risk of arrest, administrative punishment, and

deportation.


Even absent discrimination, Verus and similar technologies exceed prisons and jails’ lawful

surveillance powers.[8] Suffolk County officials also targeted people for discussing abuse or COVID-19

dangers, fueling cover-ups that prevent critical media and accountability. These types of restrictions

on speech do not serve any legitimate penological goal.


Ultimately, this surveillance infringes the rights of incarcerated Americans, many of whom have not been convicted and are still working on their defenses, as well as those of their families, friends, and loved ones trying to stay connected and supportive, including minor children. Such abuses call for urgent intervention by the OIG. Accordingly, we ask your office to investigate the acquisition and use of audio surveillance technologies to monitor phone calls in prisons and jails in New York State.


We look forward to working with your staff on this matter. Please contact Surveillance Technology Oversight Project Executive Director Albert Fox Cahn and Worth Rises Executive Director Bianca Tylek with any questions, comments, or concerns.


Sincerely,


1. S.T.O.P. - Surveillance Technology

Oversight Project

2. Worth Rises

3. A Little Piece Of Light

4. Access Now

5. Advocacy for Principled Action in

Government

6. Alameda County Public Defenders Office

7. Boston Chapter of Democratic Socialists

of America

8. Defending Rights & Dissent

9. DownsizeDC.org, Inc.

10. Electronic Privacy Information Center

(EPIC)

11. Ella Baker Center for Human Rights

12. Empire State Indivisible

13. Ethics in Technology

14. Fight for the Future

15. Freedom To Thrive

16. Housing = Health

17. ICNA Council for Social Justice

18. Immigrant Defense Project

19. JustLeadershipUSA

20. LatinoJustice PRLDEF

21. Legal Aid Society of NYC

22. Mothers Against Wrongful Convictions

23. Mijente

24. Movement for Family Power

25. Neighborhood Defender Service of

Harlem

26. NYU Center on Race, Inequality, and the

Law

27. Ohio Justice and Policy Center

28. PDX Privacy

29. Represent Justice

30. The Bronx Defenders

31. The Healing Project

32. Voqal

33. WE GOT US NOW


[1] Chelsea Rose Marcius, Over 1,500 Private Phone Calls Between NYC Jail Inmates and Legal Advisers Wrongly

Recorded, Audits Show, New York Daily News, March 20, 2021, https://www.nydailynews.com/new-york/nyrikers-jail-phone-records-lawyers-inmates-20210320-rdfb2lmuevgsdg5npad4egoqai-story.html.

[2] Ella Fassler, “Prison Phone Companies Are Recording Attorney-Client Calls Across the US,” Vice,

December 13, 2021, https://www.vice.com/en/article/7kbbey/prison-phone-companies-are-recordingattorney-client-calls-across-the-us.

[3] Avi Asher-Schapiro & David Sherfinski, AI Surveillance Takes U.S. Prisons by Storm, Thomson Reuters

Foundation, Nov. 16, 2021, https://news.trust.org/item/20211115095808-kq7gx.

[4] Services - Verus, LEO Technologies, https://leotechnologies.com/services/verus.

[5] Asher-Schapiro & Sherfinski, supra note 3.

[6] Id.

[7] Id.

[8] Turner v. Safley, 482 U.S. 78, 89 (1987) (“[W]hen a prison regulation impinges on inmates’ constitutional

rights, the regulation is valid if it is reasonably related to legitimate penological interests.”)

communications staff