May 2016

#BlackLivesMatter Tracked by Oregon DOJ with Social Media Monitoring Software

by Kimberly McCullough, Legislative Director

privacy and tech imageMay 4, 2016 - As we’ve previously written about, analysts at the Oregon Department of Justice (DOJ) used a tool called Digital Stakeout to surveil people who used over 30 hashtags on social media, including #BlackLivesMatter and #fuckthepolice. Erious Johnson, director of the Oregon DOJ’s own Department of Civil Rights, was scooped up in this illegal dragnet and targeted for a threat assessment which included a review of hundreds of his personal tweets; a memo to Attorney General Ellen Rosenblum flagging him as a potential threat to law enforcement; and an internal investigation into the matter which found that the search was “not in compliance” with state law and revealed a culture of self-reinforcing bias in the Criminal Justice Division of the Oregon DOJ. 

Today, I want to take a closer look at Digital Stakeout, the tool the DOJ used to conduct these searches. Digital Stakeout is social media monitoring software (SMMS) that can be used to covertly monitor, collect, and analyze our social media data from Twitter, Facebook, Instagram, etc. It is part of a rapidly expanding industry that the public knows little about. The goal here is to answer a few basic questions about SMMS: What can the technology do? How widespread is the use of SMMS by law enforcement in Oregon? What privacy concerns does it raise? And how we can protect free speech and privacy moving forward?

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