Transit police are accused of secretly spying on commuters travel plans, texts and emails (Updated)

Correction:  

On May 30th, I published a post based on a lawsuit which alleged that the ELERT app was being used to spy on commuters. In my enthusiasm and passion over the topic of domestic surveillance, I may have written about the topic in ways that incorrectly suggested that the claims were true. The article has been updated. A lawsuit doesn't mean ELERTS is spying on people, a Court must decide whether the allegations are true. I am reaching out to ELERTS for a comment.

A class action lawsuit in California, reveals that Transit Police are using a free 'Bart Watch' app and Stingray surveillance to allegedly spy on commuters texts and emails. (For more info. read pages 5-15 of the suit.)

Transit Police take their cues from other police departments, claiming they're only interested in the public's safety and security,

Safety and security is our top priority.. BART Watch allows you to quickly and discreetly report criminal or suspicious activity directly to BART Police.

It appears, that these 'See Something, Say Something' apps allow police to spy on everyone.

According to ABC7 News at least 10,000-50,000 people have downloaded the Elerts app. The lawsuit reveals that Transit Police are allegedly using Elerts to collect everyone's cellphone identification number, otherwise known as International Mobile Equipment Identity number (IMEI).

While BART and ELERTS "represent that the app is a 'discreet' way of reporting issues...the defendants actually programmed the app to secretly collect transit users' unique cellular identifiers, periodically monitor users' locations, and track the identities of anonymous reporters," the lawsuit claims.

In a statement to The Daily Beast, BART said its app was not using the technology inappropriately.

“We want to make clear we are not using ELERTS system for any other purpose than responding to security and safety reports made by our riders,” BART spokesperson Alicia Trost said of the app. She said the app’s location-tracking services were opt-in. “BART does not use ELERTS system to randomly track users. An app’s user location information is only available if the user selects the option to share their location information. And then, BART only receives the user’s location when the user is reporting an incident. There is no default setting—the user needs to agree. For all users, sharing their contact information and location information is optional.”

But immediately upon installation, the BART Watch app opens a popup window with a “location required” message prompting users to enable location tracking. The app also repeatedly prompts users to enter their full name, email, and phone number, although this information is optional, the app notes.

Even without submitting their name, users might be handing over more information than they realize, Edelson PC, a law firm specializing in digital privacy rights alleges in the lawsuit. The firm claims to have discovered proof that the BART Watch app collects phones’International Mobile Equipment Identity numbers, which function as a device’s unique fingerprint, and uses the numbers “to periodically track their [users’] locations,” their lawsuit alleges.

Nothing suspicious about that right?

ELERTS also wants Transit Police to use their new 'free' Text-A-Tip' app.

The app can be branded with your Transit system logo and works with iPhone and Android smartphones. A convenient drop-down menu makes it easy for riders to indicate Report Type, such a: Assault, robbery, medical emergency or suspicious activity.

Keep in mind that more than 70 percent of smartphone apps report personal data to third-party companies. (To find out about smartphone spying apps click here.)

Transit Police across the country are allegedly spying on commuters
The 'Bart Watch' app is made by ELERTS corporation, who claims to be the number one incident reporting & alerting app in the country. They also claim that twelve Transit police departments are using their app.

image credit: Elert

According to an article in the Boston Business Journal, the Massachusetts Bay Transportation Authority (MBTA) has been using ELERTS since 2012.

If the lawsuits' claims are accurate, that means twelve Transit Police departments are spying on commuters.

Sneaky, Transit Police across the country, encourage commuters to download free versions of their “See Something, Say Something" apps.

Transit police use commuters fear of terrorism to get them to download their apps.

“Transit Police are always looking for new tools to empower riders and keep the system safe,” said former MBTA Transit Police Chief Paul MacMillan. (MacMillan works for ELERTS as a 'Mass Transit Security Expert'.)
Two years ago, I warned everyone that "Public Transportation Commuters are Being Spied on Billions of Times a Day" but things have gotten worse.
The lawsuit also alleges, that Transit Police are using Stingray surveillance to identify individuals and spy on their texts and emails. (To find out more about Stingray surveillance click here, here & here.)
Cops admit to spying on commuters travel plans
Two days ago, the Seventh Circuit Court of Appeals ruled in favor of a Galesburg cop and DEA officer named Mings, who like a good little Bundist, "goes every day to the Amtrak station to study the travel plans of passengers".  
Mings admitted that he targeted a woman who had been arrested more than SEVEN years ago for marijuana possession.
Mings also admitted "he didn't know whether the arrest had led to prosecution, conviction, and punishment" but he still singled her out.
In law enforcement's eyes, it doesn't matter, if you've been arrested thirty, twenty or seven years ago, you're still a criminal. 
I recommend everyone read the Appeals Court ruling and see how police claim intimidation isn't coercion and much more.
DHS has turned Transit Police into Terrorism Police 

DHS's VIPR teams work closely with Transit cops across the country.

This past March, the Minneapolis Metro Transit Police admitted they've been working with DHS's Visible Intermodal Prevention and Response (VIPR) teams for more than a decade. 

VIPR teams are meant to intimidate commuters and allow them to search people without a warrant, as this story from Chicago reveals.

Abby Seitz said VIPR teams were conducting random bag checks “They were standing in a row against the wall with the ticket machines,"Seitz said. "I did not see a single CPD officer in the line.They all had visible Homeland Security credentials..."

A few days ago, another Minneapolis Metro Transit cop was videotaped asking commuters about their immigration status.

Do you feel safer knowing police across the country are targeting and spying on commuters?

For more information about America's 'secret' railroad police read "Police State America's National Railroad Police". (To find out more about VIPR teams click here & here.)