The New York City Police Department owns an unknown number
of high-tech vans that allow their operators to play Superman—at least with
regard to his X-ray vision abilities.
An online article in The Atlantic
last month describes how NYPD Commissioner Bill Bratton indirectly admitted his
organization was using X-ray vans when he refused to discuss the matter at a
press conference, citing security concerns. Superman was a fictional character whose strictly limited
flaws were in service of a plot that always ended in the triumph of the
unquestionably good over the irrevocably bad. But real life isn't so simple. And there are real concerns about the way the NYPD may be
using this technology.
First, how does it work? Offhand, it sounds highly irresponsible for somebody to just
shoot X-rays at random passersby.
X-rays are a form of what is called ionizing radiation, meaning that
they have enough energy to knock electrons out of atoms to make ions. Such ions can wreak havoc in the DNA of
a biological target, for instance, and lead to cancer and other problems. That is why medical X-ray systems are
highly regulated and only properly trained operators are allowed to use them.
But there is apparently a sort of escape clause for
non-medical equipment that uses X-rays.
If it meets a certain technical standard that limits the amount of
exposure someone would get from a typical spying operation that lasts a few
seconds, then the FDA is not involved and the rules change. According to numerous sources, the type
of X-ray machinery used by the NYPD uses so-called "backscatter" X-ray
technology that falls into the low-dose category.
It's really rather clever. Conventional X-ray machines use a transmission approach,
sending X-rays through the item to be examined and recording what comes out on
the other side. Your dentist uses
this type of machine, and the image of your teeth shows up because bone is
denser than air or soft tissue and absorbs and scatters more X-rays. But obviously, for transmission X-rays
to work, the rays have to be strong enough to get all the way through the item
being examined.
Backscatter X-rays work differently. Instead of producing a strong beam that
illuminates the whole target at once and goes through it, a scanning type of
backscatter unit sends a "flying spot" of X-rays sweeping across the
target, which could be a person inside his or her clothes, or even a car. These X-rays don't have to penetrate
the target. Instead, all they have
to do is cause a thing called Compton scattering, which is basically what
happens when an X-ray encounters an electron and is generous enough to share
some of its energy. The electron
takes off with some of the energy and a new X-ray photon appears carrying the
energy that's left.
It is these new lower-energy X-rays that are detected
by the backscatter machine, which consequently does not need to use X-rays that
are as energetic as those used by conventional transmission machines. That and the fact that any one point on
the target is exposed to X-rays for only a small fraction of the total time of
exposure, means that the X-ray dose of a backscatter unit is much smaller than,
say, what you'd get from a medical chest X-ray. Numerous sources confirm that the dose is so small from a
surveillance backscatter X-ray device, that you would get something similar by
just standing on a street corner for an hour or so and exposing yourself to background
radiation. This comes from sources
like cosmic rays and the potassium in construction materials, and everybody
gets that every day, twenty-four hours a day. So despite some concerns on the part of investigative
journalists that there are health hazards from backscatter X-ray technology, as
long as the systems are working properly and used properly there are much more
important things to worry about.
To my mind, the greater concern about these systems is
privacy. You don't think that
research directors of government agencies would go in for public cheesecake
photos of themselves, but the Wikipedia article on backscatter X-rays shows
such an image of Susan Hallowell, director of the U. S. Transportation Security
Administration's research lab. It
is, er, very clear that the image is that of a woman. We can all be glad that she wasn't a man.
At this point, we should take a look at the U. S.
Constitution's Fourth Amendment, which is short enough to quote in full
here: "The right of the
people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to
be seized." Updating its
1792-era language to modern terms, it means that no government official can
snoop on you unless they swear or affirm that they have a good reason to do so,
and the officials can say exactly where they're going to look and what they're
going to look for.
I'm not a lawyer, and since the Fourth Amendment was
passed it has accumulated various qualifications and exceptions, like a ship
picks up barnacles. But the
principle that the writers of that amendment had in mind is still clear. A person's body, house, papers (which
was the only way to record data back then), and "effects" (as in
personal effects—what a ten-year-old would call "my stuff") are
inviolable against government attempts to mess with them—taking them, looking
at them, or anything along those lines.
The only cause strong enough to justify such violation is when the
government has a good case to show that something is amiss and can describe
what they want to look for and where.
This clearly rules out fishing expeditions, in which an official simply
snoops at will and starts investigating a crime when the snooping itself
provides evidence.
Right now, the NYPD is in effect saying "Trust us,
we're using this X-ray van the right way." But if citizens can't even know how many vans there are, let
alone how they're being used, that is asking for a heck of a lot of trust.
Sources: The
Atlantic's article "The NYPD Is Using Mobile X-Ray Vans to Spy on
Unknown Targets" appeared on Oct. 19, 2015 at http://www.theatlantic.com/politics/archive/2015/10/the-nypd-is-using-mobile-x-rays-to-spy-on-unknown-targets/411181/. I also consulted the websites of firms
that make such devices, including American Science and Engineering at www.as-e.com
and the Tek84 Engineering Group at www.tek84.com. I thank my nephew Matt, a graduate student in criminal
justice, for bringing this matter up at the Thanksgiving dinner table.