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Screengrab of a Google image search for “terror”
ONE HELL OF AN OPENER
One of the more amazing ledes to a story you’ll see:
Fourteen years of wars, interventions, assassinations, torture, kidnappings, black sites, the growth of the American national security state to monumental proportions, and the spread of Islamic extremism across much of the Greater Middle East and Africa. Fourteen years of astronomical expense, bombing campaigns galore, and a military-first foreign policy of repeated defeats, disappointments, and disasters. Fourteen years of a culture of fear in America, of endless alarms and warnings, as well as dire predictions of terrorist attacks. Fourteen years of the burial of American democracy (or rather its recreation as a billionaire’s playground and a source of spectacle and entertainment but not governance). Fourteen years of the spread of secrecy, the classification of every document in sight, the fierce prosecution of whistleblowers, and a faith-based urge to keep Americans “secure” by leaving them in the dark about what their government is doing. Fourteen years of the demobilization of the citizenry. Fourteen years of the rise of the warrior corporation, the transformation of war and intelligence gathering into profit-making activities, and the flocking of countless private contractors to the Pentagon, the NSA, the CIA, and too many other parts of the national security state to keep track of. Fourteen years of our wars coming home in the form of PTSD, the militarization of the police, and the spread of war-zone technology like drones and stingrays to the “homeland.” Fourteen years of that un-American word “homeland.” Fourteen years of the expansion of surveillance of every kind and of the development of a global surveillance system whose reach—from foreign leaders to tribal groups in the backlands of the planet—would have stunned those running the totalitarian states of the twentieth century. Fourteen years of the financial starvation of America’s infrastructure and still not a single mile of high-speed rail built anywhere in the country. Fourteen years in which to launch Afghan War 2.0, Iraq Wars 2.0 and 3.0, and Syria War 1.0. Fourteen years, that is, of the improbable made probable.
Fourteen years later, thanks a heap, Osama bin Laden. With a small number of supporters, $400,000-$500,000, and 19 suicidal hijackers, most of them Saudis, you pulled off a geopolitical magic trick of the first order.
Prisoners in California will no longer be kept in windowless boxes indefinitely. That improves the lives of 3,000 people. It also brings California into line with the practices of virtually all other states. This is landmark.
Many groups were involved in the support of the plaintiffs in the class action suit. Legal Services for Prisoners with Children put out a press release. Below I copy the press release of the Prisoner Hunger Strike Solidarity group.
OAKLAND — Today, California prisoners locked in isolation achieved a groundbreaking legal victory in their ongoing struggle against the use of solitary confinement. A settlement was reached in the federal class action suit Ashker v. Brown, originally filed in 2012, effectively ending indefinite long-term solitary confinement, and greatly limiting the prison administration’s ability to use the practice, widely seen as a form of torture. The lawsuit was brought on behalf of prisoners held in Pelican Bay State Prison’s infamous Security Housing Units (SHU) for more than 10 years, where they spend 23 hours a day or more in their cells with little to no access to family visits, outdoor time, or any kind of programming.
“From the historic prisoner-led hunger strikes of 2011 and 2013, to the work of families, loved ones, and advocate, this settlement is a direct result of our grassroots organizing, both inside and outside prison walls,” said Dolores Canales of California Families Against Solitary Confinement (CFASC), and mother of a prisoner in Pelican Bay. “This legal victory is huge, but is not the end of our fight – it will only make the struggle against solitary and imprisonment everywhere stronger.” The 2011 and 2013 hunger strikes gained widespread international attention that for the first time in recent years put solitary confinement under mainstream scrutiny.
Prisoner Hunger Strike Solidarity (PHSS) coalition members commemorating the first anniversary of the 2013 hunger strike suspension.
Currently, many prisoners are in solitary because of their “status” – having been associated with political ideologies or gang affiliation. However, this settlement does away with the status-based system, leaving solitary as an option only in cases of serious behavioral rule violations. Furthermore, the settlement limits the amount of time a prisoner may be held in solitary, and sets a two year Step-Down Program for the release of current solitary prisoners into the prison general population.
It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement. A higher security general population unit will be created for a small number of cases where people have been in SHU for more than 10 years and have a recent serious rule violation.
“Despite the repeated attempts by the prison regime to break the prisoners’ strength, they have remained unified in this fight,” said Marie Levin of CFASC and sister of a prisoner representative named in the lawsuit. “The Agreement to End Hostilities and the unity of the prisoners are crucial to this victory, and will continue to play a significant role in their ongoing struggle.” The Agreement to End Hostilities is an historic document put out by prisoner representatives in Pelican Bay in 2012 calling on all prisoners to build unity and cease hostilities between racial groups.
Drawn by Michael D. Russell, Pelican Bay SHU
Prisoner representatives and their legal counsel will regularly meet with California Department of Corrections and Rehabilitation officials as well as with Federal Magistrate Judge Nandor Vadas, who is tasked with overseeing the reforms, to insure that the settlement terms are being implemented.
“Without the hunger strikes and without the Agreement to End Hostilities to bring California’s prisoners together and commit to risking their lives— by being willing to die for their cause by starving for 60 days, we would not have this settlement today,” said Anne Weills of Siegel and Yee, co-counsel in the case. “It will improve the living conditions for thousands of men and women and no longer have them languishing for decades in the hole at Pelican Bay.”
“This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters,” said the prisoners represented in the settlement in a joint statement. “We celebrate this victory while at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.”
Drawn by Carlos Ramirez while in Pelican Bay SHU
Legal co-counsel in the case includes California Prison Focus, Siegel & Yee, Legal Services for Prisoners with Children, Weil Gotshal & Manges LLP, Chistensen O’Connor Johnson Kindness PLLC, and the Law Offices of Charles Carbone. The lead counsel is the Center for Constitutional Rights. The judge in the case is Judge Claudia Wilken in the United States District Court for the Northern District of California.
A rally and press conference are set for 12pm in front of the Elihu M Harris State Building in Oakland, which will be livestreamed at http://livestre.am/5bsWO.
By Chris Garcia, drawn while in Pelican Bay SHU.
Yesterday, I included an existing Medium story, by Peter Schafer, in the Vantage publication. Diary of a Sex Tourist is a very unusual account. Firstly, a man is speaking frankly about his use of sex workers in the Dominican Republic. Secondly, the man is a photographer who chose to pay for services in order that he could get closer and, by his appraisal, make better images. Thirdly, the work ends up focusing not so much on the sex industry as a whole but on private moments between Schafer and D_____ throughout their three year association.
It’s very unusual not because these things don’t happen but because these things are rarely admitted to or spoken of in public.
The images exist between amateur modeling, devotional portraits, candid shots, reportage, phone snaps and voyeurism. They are many things at once just as Schafer’s position on his work and the issue of sex-work is generally. The piece ends with advocacy. Yes, advocacy. Of sorts. Schafer calls supports the Global Network of Sex Work Projects‘ call to Amnesty International to support a move to decriminalise all sex work. They’ve launched a petition which (at the time of writing this) has 8,000+ signatures. It reaches far further than previous moves to decriminalise sex work.
Schafer believes the change will empower women. Many leading female celebrities who have figure-headed campaigns for women’s rights oppose the petition, but Schafer fairly notes that the recommendations to Amnesty International were made based upon feedback provided by sex-workers themselves. Molly Smith writing for the Guardian asks that Amnesty International not be bullied out of acting upon its own findings by Meryl Streep and others.
Asking women who work in the sex trade about the laws that are required to protect them most seems like good policy making.
Opponents to wider decriminalisation, that this petition proposes, worry that it will merely shield pimps and abusive men from the law and not improve women’s lives significantly. Streep, Steinem, Winslett et al. want to maintain the Nordic model of decriminalisation as the policy for worldwide progressive standards. “Legalisation keeps pimps, brothel keepers, and sex-slavers in freedom and riches. Criminalisation puts the prostituted in prison […] What works is the ‘third way’, the Nordic model, which offers services and alternatives to prostituted people, and fines buyers and educates them to the realities of the global sex trade,” says Steinem.
Smith and other supporters of widening decriminalisation, say the Nordic model–also known as the Swedish model–has serious problems. The Nordic model decriminalises the selling and keeps the buying as an offense, but it is applied inconsistently in some cases used by police against vulnerable migrant sex-workers.
The Nordic model also strips the sex-worker of agency. It assumes that all clients are enacting a type of male violence. So, the model is designed to slowly counter that, reduce demand and eradicate the sex trade. Schafer on the other hand believes that paid sex can be an equal exchange, a loving exchange and even part of friendship.
Ultimately, where you stand comes down to what type of interactions you think characterise the sex-industry most and which ones should be protected by, and combatted by, law enforcement. Currently we’re on the lefthand-side of this 4-bit chart. Most pliticans are reluctant to venture toward the righthand side.
Criminalisation / Decriminalisation / Wider decriminalisation / Full legalisation
If you feel that all, or nearly all, interactions between women and male clients and pimps are coercive and abusive, decriminalisation can still break and discourage those interactions. The criminalisation of sex-work (still very common) targets male clients and pimps the same, but has proven very unsafe for female sex workers.
I don’t know what the answers are. I do know that there are many women and men who make good and safe livings from sex work. Equally, there are many, many women who are coerced into sex-work and “trafficked” quickly becomes the best term to describe their circumstance. But even then those two simple binaries are not a reliable reflection of matters. In Schafer’s case, it doesn’t seem like there is a pimp involved in his exchanges with D____. She seems in control. That said, D____’s voice, except a couple of paraphrases by Schafer, is absent. In the pictures, D____’s bottom features in a disproportionate number of the pictures.
In places that have decriminalised sex-work, they’ve done so by putting in place legal qualifiers, paperwork and parameters of operation. These things have been found to obstruct safe practice of safe sex-work. Molly Smith writing for the New Republic notes that New Zealand is an example to follow and has been extensively praised by the U.N. for its removal of bureaucracy and an approach that forefronts women’s safety and access to services. “The director of the U.N. Development Programme’s HIV, Health and Development Practice observed, in accidentally amusing phrasing, “I would like to be a sex worker in New Zealand“,” recounts Smith.
Clearly, there is a debate to be had. I’d like to see that debate led by the sex-workers themselves, but given how marginalised they are it seems unlikely. I know I’ll be following the thoughts of Molly Smith from here on out.
Turnbull, during a residency with non-profit organisation St Kilda Gatehouse, taught, photographed and interviewed street sex workers. Red Light Dark Room is a collaborative, frank look at sidelined and denied lives by those who live them. Importantly, the work doesn’t victimise, or claim to save, or preach; it describes and lays out the details for audiences to find connection.
Verint Israel and NICE System Monitoring Center, Astana, Kazakhstan 2014.
Much of my weekend was spent putting a final editing-touches on the latest Vantage article Panopticon For Sale. The piece, details trade between authoritarian regimes (such as Uzbekistan, Kazakhstan, Azerbaijan, Bahrain and others) and corporations that manufacture and maintain cyber-surveillance.
The author, Mari Bastashevski, spent 12 months researching this shady industry — trailing paper work, filing FOIA requests, interviewing and protecting sources, and corroborating statements. Many previously unreported (but commonly suspected) business relations uncovered by Bastashevski have been confirmed by information included in the July 5th hack of Hacking Team (a company that manufactures surveillance technologies) when the identities of its clients were posted online.
As Bastashevski writes in her closing statements:
Companies like NICE, Gamma Group, Verint, and Hacking Team, who sell this power to governments for which “watched a YouTube protests video” constitutes criminal behaviour become co-arbiters of what is and isn’t a “wrong act”. Yet for the companies, much like for their clients, their own secrecy remains absolute and proprietary: not something for press consumption, researchers, or advocates.
Private corporations are facilitating the unfettered surveillance of citizens by paranoid rulers.
NICE Systems HQ, Ra’anana, Israel 2014.
The comparatively unregulated republics in the post-Soviet region are proving grounds for the shit that the power hungry can get away with.
I’ll stop yelling now, encourage you to read Bastashevski’s #longread, and leave you with an my editor’s foreword to further convince you to take in Bastashevki’s text and images.
This is a narrative built upon information that’s incredibly difficult to verify. Outside of the community of privacy advocates and cyber-surveillance researchers, no-one really saw this story, or necessarily knew what it was or why it mattered. That’s because everything that Bastashevski was looking at — or looking for — is invisible, confidential or both.
When Hacking Team was itself hacked, Bastashevski felt vindicated. Not only did the hack confirm the presence of Hacking Team in countries she investigated, it also confirmed the presence of other companies she knew were providing surveillance to those countries. The lies and questionable dealings of a catastrophic industry were laid bare.
“To photograph or to look at what exists on the verge of catastrophe,” critic Ariella Azoulay once wrote, “the photographer must first assume she has a reason to be in the place of the nonevent or event that never was, which no one has designated as the arena of an event in any meaningful way. She, or those who dispatch her, must suspend the concerns of the owners of the mass media regarding the ratings of the finished product and with her camera begin to sketch a new outline capable of framing the nonevent. Photographing what exists the verge of catastrophe thus is an act that suspends the logic of newsworthiness.”
By virtue of hackers’ actions, and not the logic of the news industry, I find myself in a position to publish Bastashevski’s remarkable findings. A condensed version of this work was exhibited at Musee de Elysee and published in the Prix Elysee catalogue (Musee de Elysee, December 2014). It has since been expanded to include a review of targets and surveillance in Azerbaijan, and cross references of the recent evidence obtained through Hacking Team leak.
This is not a photo essay but rather an essay with photos. Bastashevki makes photographs, in many ways, to show her stories cannot be photographed. These images are way-markers along roads of discovery.
Read the full piece Panopticon For Sale and see more large images.
Ministry of Communication Tashkent, Uzbekistan, 2014.
SNB lunch spot, secure Gazalkent district, Tashkent Uzbekistan. 2014.
Monitoring centre (roof) -Tashkent, Uzbekistan. 2014. Location where data obtained with Hacking Team, Nice Systems, and Verint Technologies is analysed and processed.
PU-data collection point Kazakhtelecom-Almaty, Kazakhstan, 2014.
Presidential Palace and MNS HQ, Baku, Azerbaijan 2013.
Inside Verint Israel HQ, Herzliya Pituach, Israel 2014.
Transaction — Dedeman Silk Road Radisson Blu, Tashkent ,Uzbekistan. 2014.
All images: Mari Bastashevski
Photo: Paul Rucker
When Obama went to Marc Maron’s garage to record a WTF episode, he was in a sober frame of mind. He was frank about our situation right now with gun control. After Sandy Hook, he said, his administration tried everything they could to change laws but the legislation was fought by the usual NRA suspects. The legislation was watered down and achieved little.
Astutely, Obama didn’t pin the blame solely on the NRA and the kowtowing politicians but also on us. Yes, us, we, you and me. Sweeping political changes will follow sweeping social pressure. But in the aftermath of Sandy Hook, in Obama’s estimation, there was lots of talk but ultimately not enough public will to ring in the massive changes we need.
This is a teachable moment of sorts. Here, POTUS is telling us that organising works; he is saying that politicians listen if the swell of opinion is unavoidable and undeniable. The wave of gun opposition wasn’t sustained or powerful enough it seems. Well, yes and no. Yes, in that political change didn’t result. But, no, in that the passions and intelligence of the gun law reformers shouldn’t be dismissed, or pegged as total failure. It is my belief that in gun reform, in prison reform, in education reform — in any movement that demands wide-scale change — the efforts of the activists must compensate for the inertia and fear of the politicians they wish to influence.
Even when it makes moral, social and economic sense to enact positive change, we have seen that politicians find it hard to filter out the sound of the waft of of checkbooks and the loud and persistent lobbyist’s din.
We have to work harder to see gun laws change. We have to work harder to reduce hate and homegrown terror acts.
Paul Rucker is one of the hardest working artists I know. He’s always stationed politics at the center of his practice but in recent years he has ventured fearlessly into America’s racial histories, current psyche and shortcomings. I curated Paul’s work in Prison Obscura. This morning, Paul sent out the following message to those on his email list. I think it is eloquent. It is from a point of knowledge. And I hope Paul doesn’t mind me sharing it.
I’ve been in South Carolina this week visiting my mother. The flags are at half staff at the library. The deeply ambivalent feelings I have for home are more real than ever. Growing up, I remember seeing Confederate flags on cars and bumper stickers stating “I should have picked my own damn cotton!” These were just part of the culture. An even deeper and unacknowledged part of the culture are the souls that built this state and this country. In 1860, there were more slaves living in South Carolina than free citizens. Cotton sales were worth $200 million then, the equivalent of $5 billion today. As we argue/discuss the flag, we must also add to our conversation the true and complete history of the South and America. Cotton was shipped all over the country and the world. The role of slave labor in the economic success of our country must be acknowledged, along with the cost of that success in millions of lives not deemed human. If we remove the flag, let us replace it with knowledge, and so honor the souls that brought us here to the prosperous land that we have today.
My condolences to the families of the nine people murdered a week ago. My heart goes out to them and their loved ones.
With a heavy heart,
Also well said.
I was interviewed by ACLU recently: Prisons Are Man-Made … They Can Be Unmade.
The Q&A focuses around the exhibition Prison Obscura and you’ll notice a return to many of my favourite talking points. Still, the work never ends, and I know that ACLU will push out — to an expanded audience — my argument that we should all be more active and conscientious consumers of prison imagery. My thanks to Matthew Harwood for the questions.
Everyone keeps telling me it’s going to be alright. Everyone keeps telling me they didn’t understand my work when I began in 2008 but now they do. They understand it because prison reform and criminal justice reform is in the news. They understand it because Orange Is The New Black is on their screens.
Everyone keeps telling me it is going to be okay because politicians and Departments of Corrections are trying to fix the problems. What? Back up. What makes you think that those who built the Prison Industrial Complex are best positioned to reverse its crimes and abuses?
Much has been made about the bipartisan nature of contemporary efforts to end mass incarceration, as everyone from Newt Gingrich and the Koch Brothers to Van Jones and the American Civil Liberties Union, and now even Hillary Clinton, says that the United States needs to reduce the number of people it incarcerates in its own gulag archipelago. If all these people agree, the conventional wisdom goes, surely we can get something done. Are prisons the only thing that can end Washington gridlock?
And it ends:
To paraphrase the poet Gil Scott-Heron, “decarceration will not be incentivized,” decarceration will not be incentivized, decarceration will not be incentivized. Decarceration will not be incentivized.
Any OpEd that ends with that flourish gets my vote. A MUST READ.
Image source: CUNY