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WBEN NewsRadio 930>Audio & Video on Demand>>5-7 Tom Bauerle Show Hour 4

5-7 Tom Bauerle Show Hour 4

May 7, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

News radio 930 WB EN yeah. -- -- -- -- -- -- -- -- -- -- -- -- The few months ago when you were asked what's the biggest geopolitical threat facing America you so much. Al-Qaeda that Russia. In the 1980s are now calling ask for the foreign policy that wherever and whenever I can pick up without. Legislation to expand opportunity for more American families that's what I'm editor where that happened to. Recoup. The strong silent. That was going to be. Tom hourly. Even though this. I think it -- back bathing in -- if it's local girl is. It's Tom hourly -- with cool whip completely cool whip who -- -- and on news radio 930. You know sometimes. -- -- clear we are in the process. About. Losing our freedom. That's my belief and I will help hard time -- National Anthem. -- The land of the free because every day that is less and less true now watch what I say that. Let us shall -- Listen to a report courtesy of channeled through WG RZTV. This is the best bit of investigative journalism I've seen on local TV in a long time. And it is Michael Bolton and I think it's important that you hear this. Because Barry Colbert is an attorney he is gonna join us to take your phone calls after you hear this story for Michael -- but let's all get on the same page with this listen up folks. Your cell phone data is the Erie county sheriff's office stealing. Without a war it's. It to a program at the Erie county sheriff's office will not even admit exists but through freedom of information laws we have uncovered documents that prove. They have devices that can actually snoop on yourself well. New tonight we find out just how much of your tax dollars they've been spending to look into your private information. And we encourage you to share your thoughts with us on Twitter and at WG RC using the hash tag cell phone spying. Torre decides Michael we'll break down the numbers tonight and what they sheriff's office still won't. Tell us. By simply making a call. Typing a text or just having your phone on and you can be sending your private information to local law enforcement is very disturbing as truly -- That's right it's not just the NSA spying on your cellphone. When your side has now confirmed the Erie county sheriff's office has the ability to do so was well. Big purchase so called cell site simulators sold under the names stingray and can -- the device can operate from inside a vehicle like a band and hooks up to a laptop. The device mimics the signal that would come from a real cellphone tower and tricks nearby phones in communicating with that. That -- police information from every phone usually within a one mile radius it doesn't just hit track as you well know. One cell -- it tracks all of them deputies would learn each phone's location as well the numbers of the Kohler and recipient in other words deputies and find out where you are and New York calling and texting. I'm not sure how many situations there are that really justify using. An advanced device like this together. Lot of data about innocent individuals. -- Butler is an attorney with epic the Electronic Privacy Information Center he says privacy laws haven't kept up with this type of technology. The phones essentially turn and this specialized tracking device that's always on. And it's really changed the game in terms of what information is available about -- it previously private activities. The Erie county sheriff's office didn't want you to know the agency has these devices to a your son has been trying for months to get access to the information. The sheriff's office denied our freedom of information request saying it would reveal criminal investigative techniques. So we tried to get the information from the county government our initial request was denied but we appealed. After consulting with the county attorney Harris Corp. which makes the devices and the US Justice Department the county finally turned over the documents we want it. They -- taxpayers spend more than 282000. Dollars back in late 2008 to purchase the king fish and sting ray systems plus training classes. Then they spent another 71 grand in late -- -- twelve for an upgrade and new laptop. Total cost more than 350000. Dollars at taxpayer expense. It's I think that's excessive cost very Covert is a local attorney who specializes in first and in the cases. He says -- deputies aren't getting court orders any evidence they get from the sting -- -- this machines would be inadmissible in court. If there ever utilizing it. We -- there absolutely violated the constitutional rights of everyone whose information they're collecting. Another big problem what happens to all that data that they're collecting for innocent people. Any information that makes it on to a computer. Is now going to be preserved for. So big claim that they have the device up and they only want to pinpoint one person get that information but they're gonna actually collect information for thousands of people. Also we wonder who has access to the -- machines how often are they used and have they ever helped legally assault case. The sheriff's office refuses to answer any of that or tell what safeguards are in place to prevent abuse. That's absolutely. Have some very scary. 354000. Lot of weird at that. -- told initially by sourcing county government that the money came from a state Homeland Security grants that we sent a freedom of information request of the state. To get all the disbursement that they had given the Erie county -- for the entire list dating back to 2008. That never came up so at this point it is still very much a mystery -- where this money came from we -- with tax Payer money at some point going up the chain. But this year levels won't talk about it so. We can't fund them. With their policies aren't they tell you who had access citizens -- Nothing they at this point again still won't even admit that they have this disease course we know they do because we have the documents that -- But this has been the case for other police agencies across the country -- very secretive about this. And actually in the paperwork that we got to heavily redacted at some points. Harris Corp. which of these machines actually have an agreement where they say you have to agree not to discuss this with the media. They don't want this getting out there were the most secretive things that reporters across the country -- and it leads to so many questions. Because they won't talk about they won't say who has access to a can only lieutenants get these machines. Are they done that over that makes it -- more mysterious that they would have to find out that they can't -- about self they. I wouldn't mind seeing what's on dialysis cellphone understand. It's our 614 at a news radio 930 WB EM -- by the -- -- it doesn't. Or whether the lieutenant or -- sheriff has access to the machine. There is no exception to that in the Fourth Amendment all it shall not be violated a pleasure lieutenant or captain. But other than that might have and it's a small pick you and thanks Michael -- -- a great job with that story. Very Covert from. IE don't even know. Where to begin because this is the second time we've -- that I think and the first time -- view is there anything you wish had been in that report that you had said when you were interviewed. That we didn't here. Not really because they were very very. Thorough in asking questions and and reviewed and I agree with you as one of the best investigative pieces. General and come to New York resident. That I've -- come out of the media. And it -- -- broker a peace and and and it just the failure. Of the colony to be willing to answer these questions. If they have procedures in place. That make sure that they get lawful Warrick pick and just say that. It is very simple press -- we walk and investigative techniques but we can assure the public that the media that we seek. Warrants as required by federal or state law. Prior to utilize in this machine and what they're gonna do circumspect in the accident circumstances emergency is always an exception to report men. Well but if they're not seeking awards. That are really just tramples upon our Portland writes let me exceptions -- -- exceptions are. Fourth Amendment. Overcome the fact that we have for the -- rendered meaningless. And what's really scary yours or if they've never tell us whether they're using getting search warrants will never know whose information. He was legally changed. -- let's take some phone calls for attorney Barry Colbert this is your opportunity to speak with a real lawyer about this issue which ought to concern the hell out of here. 8030930. Start at 93180616. WB. The end here is Mary Beth end -- buffalo Mary Beth you were on the hello. They count Ariel hey Barry. My best pilot. Century ago. Animal and we usually don't use last names on the show -- about. Yeah. Give -- a comment for a barrier question for very -- I am lab very it makes it menu actually we covered it. We need two years ago at a frustrated by the Homeland Security reported case. Case Scott Romney. Why am crying I was looking. At what your other. Listeners calling in about. That is giving out -- And I'm not doing their research and and the people that invaded our house. Apart -- down -- interfaces. But. That entering search and there was complete incompetent and and the judge gave a warrant out. And we should never get that lights out and we have -- freedom you have no freedom and never had any I'd never gotten. Reimbursed for any of that damage for the federal government -- my house. And I have no freedom this is just that and the listening to every part and it's just I'm just shaking my. You know what somewhere Joseph Stalin and out all Hitler. And all of the other Tyrus through history are saying it. Well done way to screw the citizens that's the kind of power we have hope you're enjoying it now in America. Alia I'm mentally -- and. Well I'm Mary Beth I'm gonna let you go because a wanna get very Covert thoughts on this -- go ahead. -- -- their best case was devastating case and what happened was an -- in an actual location a couple of others that came out later on the street of those involved with. Change law enforcement position. What what they've required to try to get this search warrant because what they did woods. They -- that there's certain. Internet lying allegedly which capturing pornographic images. -- because -- you know and Internet address came back to. Her out. That they were gonna get a search war and go in with guns blazing just horrible. Yeah turns out that in the upper. We're utilizing -- -- and -- lie without them knowing it because -- In this that can't happen now all over the country grow with the wrong people whatever subpoenas search warrants were -- Cayman. And shoved in their faces in order horrible situation for her and her husband in pretty others have gone through the quality of care unit at the time law enforcement -- We don't have to worry about that possibility would you want to each case. But they've changed since and because of the publicity that question. This York radio -- it in this current case in these machines that are being used by. Erie county this is gonna change the channel two report is gonna change things it's only through this type of publicity. Quote past embarrassment. That they are gonna change their policy tortellini. You're kind of up and pitching maybe it into -- but tell us that all of you go to war. But again it here here we get to a situation where are very. A reasonably. Intelligent person somebody with -- average IQ can read the Fourth Amendment to the constitution. And understand. That this machine and what it does. Absolutely. Positively. Is antithetical. To the Fourth Amendment. You know what we've always been seen throughout history is that law enforcement agencies. And and and in their defense they leave they've got. Kirk Republican all the instances no matter what. -- -- scale who are one way to the scale against support amendment they almost want to believe that the Fourth Amendment shouldn't because it's only there to protect the criminal. Instead of understanding it's here to protect our society. And we have to make sure upheld. That that the whole reason that we revolted against England in the -- One of them one of the reasons was that we want to make sure that we were secure are all about property in -- affectionate capers. And that we do not believe that giving up those -- Will help us. To maintain our liberty and that would compete -- Benjamin Franklin quote. Where he talked about the record and what you can you can give up liberty in order for him if he deserves Snyder and that the case we have to protect their port number. All we're -- live picture Howard is. Couldn't tell us you're going to remember independent registry and the permit stricter viewing your award application or you get. To their ability to user switching and capture all this information with a one -- -- -- Everybody who's got a cellphone or computer laptop or any other device within what boundaries. -- I think this is hideous and bad. Frankly it wouldn't surprise me in the least if by the people of this area this state in this country. In the not too distant future find out about Maurer. Absolutely. Incredible violations. Of rights taking place in New York State. Wouldn't surprise me in the least. If we do more stories about this kind of -- A situation and -- thirty year old a lot of information that -- that we can't believe occurred. And this is now going to -- Q are you a lot of more information unless picture department squarely addresses. By the way a traffic why is there is an accident Maine and garrison in Williams bill. Garrisons the street they can't make up its mind is a garrison is it Evans. That goes into something else what exactly are we gonna do traffic no okay well made and garrison I I've heard there was an accident that took place there. Let's go to Dave in middle port -- very Covert unused radio 930 WB Arafat irony in the fact we're talking about open government and Barry's last name is Covert. I enjoy irony bearing. You're on David middle port -- very Covert. Yes I'm very. And that question. What would be a big difference between their surveillance. And -- -- -- column marrow isn't -- approximately 200 security cameras. Down main street buffalo. Well like one of the big. Differences is that the camera as the security and the great -- and a lot of people do have real problems with that the video images are being captured. But in your question areas do you -- -- electrocution are here probably than the standard in the Fourth Amendment. He had been what are being collected and arguably or walking around trying to go out in the public. Is not in of itself -- that you should have a reasonable expectation part what you do on your own in your computers in your. Telephone calls and texting. And the court has consistently. You got a reasonable expectation of privacy. In what you do on your phone RE REE -- -- Internet and it. Government want to look at -- we need to get a -- But the difference there were surveillance cameras would be. That presumably they're not picking up what you're what you're discussing. Just your image and the fact that I'm I'm gonna walk out of -- building on Delaware avenue. And walk down the street apartment that there's no secret there I don't have the occasional -- I don't expect that we will see there people will he walked. But what to expect while I'm walking and talking on the phone that no one would look you know Michael call absolutely. Org read my text messages absolutely I've got a reasonable expectation of privacy in my actual communications. Well Dave good question thank you very much you know I've wondered. Barry given the climate in which we live and given the electronics. Of which law enforcement has grown so -- And certain things that I have personally witnessed. How difficult would it be for somebody who knows computers. To set somebody up in other words to put illegal images on somebody's computers. Claiming that that person was into some really sick stuff. That's really not difficult at all and and I'm you know tool at my generation would be able to -- -- younger -- -- hacker could really wouldn't take much. Or shall we because -- -- computers what -- you can which is that when you go on the Internet -- when you -- communications. That doesn't leave cookies behind leader Cottrell and they're always what's called -- bit of -- shall I shouldn't you an email that -- the loyalty feet. But it also -- a bit with in it and I wanna fit -- actually use email -- she's she's a message saying I can't I do that Warner about it they bury. What in the market. I put something that they have me against you whether child porn secret information and after a -- -- your trial. You know suddenly caught Barry Pepper earlier called talk about that -- scenario where they came to her house. So we could easily sit somebody else somebody up under that scenario to have their house. Ransacked by law enforcement and try hard initially until you try to prove that you guilty. And so -- in this day and age unfortunately. If you are pretty advanced computers you could do this if you have an ambulance. So if you are a service an important point that I -- is getting off the subject of a spying on cellphones but. Given the technology today if somebody was out to discredit somebody. And the IRS scandal the scandal with the government looking into reporters computers if they were trying to discredit somebody. There is the capability and the technology available. To plant illegal images on somebody's computer without their knowledge to make them look like scum bags. There varies that that are available to those who are much further than we had better look computers to do that the. Is very very very scary and should be for every single American. That's why don't -- on FaceBook I don't go on a new social media because I see the incident is not my -- and aware that has caused damage to people that are trying to use that information against each other -- information or does the bully cyber bully. I mean that is all planted information that -- one way or another -- our mother individuals. In that is really it's not that difficult to do for the younger generation. Had -- that's pretty freaky because you can destroy somebody's life they would have done nothing wrong. Nothing illegal but you could destroy it and you wouldn't even have to go into their house to do. We treat every day without -- -- -- -- I mean how many people we know that have had their credit. Report ruling and in ability to get mortgages. Credit cards and and they live with a prologue I know all the result like your credit checked and we really it is not that is. Because I don't trust the government very and I don't care whether there's an. But in my own set of political beliefs which thank goodness are actually spread it. Like wildfire across the -- a lot of people you know feel as I do. Part libertarian part conservative you blend the two and you've got to have freedom loving Americans like we used to have. -- one more question you're take as an attorney how do we fight. Our cell phones. Information being stolen and you you talked about the publicity earlier. But if every government agency her every level of government is doing this crap who watches the watchers past eight patriot led revolution. And that's and that's a great question and that is -- related change this system if you can't trust the system you. -- in politicians in the next elections would agree with our point of view and going to that Internet security Social Security. Is very important laws after the -- they're gonna required. But the server that are out there the companies that keep your information captured they're very strict laws ensuring that information. And clear criminal civil liability -- picture you can -- law enforcement of the don't follow the procedures I've. I believe in government. But I don't believe in a government that follows a little that we do and required compute show. And if they're not following the rules -- -- -- -- the requirement that the search warrant to promote on the requirements and capture from private information without a search -- Then that then we've all got a problem with that notification from fighting every day. But I think our politicians. This particular position that our privacy rights are more important. They made their -- in it in the last eleven years eleven. Because since I don't know eleven years they have really put which is which is always -- our history after every war after every huge tragedy. They'll and take -- individual liberties in trade that they are not as important. As the public interest in there when you lose your fourth amendment rights. Not as long as I'm alive. Very and that has long is I'm not in prison and I'm allowed to speak and sometimes I wonder. But thank you for much. Very thank you for your time I really appreciate it more than words can express thank you. Sheridan group and very important here buffalo attorney very Covert on news radio 930 WB yeah. Relative that you can't stop government when it starts going out of control and that's what we had. Ladies and gentlemen I frankly find it hit the critical and unconscionable. That -- -- who claimed to be Joseph constitution Joseph freedom. When he's running for reelection just a few months ago. Leaving the fight. Against NY safe because he thinks it's unconstitutional. How can a guy. Who is. Supposedly. As passionate about your rights as an American citizen regarding the Second Amendment. Be so intransigent. When it comes to the Fourth Amendment. Folks. Do you think we're heading towards totalitarian. Isn't in America. I've noticed more and more people myself as the other. More and more people are using the F word in describing government right now fascism. More and more you're hearing that -- People wake up before it is too late. Because if in some way I -- silenced. Or Michael Savage is silenced or Sean Hannity or Rush Limbaugh you have to be able to pick up the torch and carry out. Let's go to Michael in buffalo WB and Michael -- -- You know -- most dangerous things with. It's so porting -- resort with them up all hope that. And yourself and your thought about savage and Rush Limbaugh that was when the government starts. You know Singapore unit people really seem to be mentally. And mental problems like state they actually get -- -- you -- Say about anybody so now -- advocate -- that they could -- the mental health. They do with Soviet work overtime all they did the Soviet Union. And if if you will remember up Michael and this is important point to bring up especially now I need to remind people. About the David Lewis case where almost not seat state police people in Albany. Without any war -- violated -- by going through health records. David Lewis was that test case they were -- is assuming they were trying to see. If David lewis' history of having seen a counselor and I think -- up some kind of -- medication. They were trying to see. If they can use that. To get his guns away I think David Lewis was a test case. And let me simply say I think there are other test cases that are taking place right now it wouldn't surprise me if they're taking place very close to home. Let's just start your political you know workplace I think people could start making phone calls about the acting suicidal I think this -- OK you know we got to -- check. -- Yeah. You know what Michael is I don't know if you're addressing this to me but I want you to understand something about me all right I'm not stupid. And I knew when I took up the Second Amendment and I went up against Cuomo I remember talking to you guys at the time and warning you I told you. That I knew I was putting myself in the cross here's. And I said and I said the -- the time may come when I am going to need you to rally around me. Now all. I will not. Go into any. Specifics year but if anything should happen. To discredit. I'm gonna need you because. -- I -- -- -- David Lewis was a test case he was a test case. Actually -- is Richard Nixon and I mean they -- make -- prediction. Four for Watergate prepping confidential -- -- wanting rapid and our society nobody held accountable -- No government officials have arrested for every crucial fight Nixon for those stops. Where all this is the let me tell you something. Let's face I think this is where it is important for people who speak out. Just to finish my thought from earlier. To document. Everything. With attorneys. If you believe if you are eight patriot. And let's just say you believe your house has been broken into. -- need to notify your attorney you need to go on the record with your lawyer to say you know what. Somebody screwing with. You need to go. Don't bother call the cops go on the record with your return. Thank you. But you wanna continue the united -- -- I feel I feel like you know is giving you a happy ending and timer and a oil or not. -- did you read up on him. He hung up on us. I want to give -- -- -- no one is very have a very wonderful evening and thank you for calling that's a happy ending at least in the show visit to -- show. -- folks governments running roughshod is running out of control what are you people gonna wake up and smell the coffee. And I think frankly I wouldn't trust Tim Howard in the entire eight NY safe movement anymore I think his true colors have shown. He's a former state trooper he gets is nice retirement check from Albany. And how -- a guy way. Who is supposedly mr. Second Amendment. Think it's okay to spy on people's cellphones without warrants. That's wrong if fact it's so wrong as to put his. Veracity. With what he says about the Second Amendment. At risk in my mind. I do not trust him anymore. Here is Edgar in -- war on WB and Edgar hello. Pretty. Tightly targeted individual. Not alone. Definitely an make a better now -- You think you explain to me why you think you're target. Well now you have these specific are you an outspoken patriot do you have a radio show do you write newspaper columns. Are you an outspoken advocate of the Second Amendment do you belong to skull. Absolutely but there's a number of other items. The Dutch troops. Absolutely outspoken absolutely up close to this draconian. Aggression. Using electronic mediums. And to -- traction control it's terrible. And in what way in what way that I needed to be specific. If I ask you for documentation of why ask you to prove to me that you were being targeted I would have to ask you by whom. Why and how. Reasonable reasonable. Very reasonable. And I know that's why I asked the question a lot law enforcement and side. I've spoken with a number of entities mark. But who can trust anybody. Have an answer the question who is targeting you and -- Well law enforcement action. There is relatives who are connected to law enforcement and federal law horsemen as your -- it's a -- surveil. -- A lot of iGoogle but on why it is or why. Or why no bull. -- -- literally. I -- -- well not connecting up. You know it it to be that sounds unreasonable. Well let me explain why it's unreasonable if I -- -- right surveillance costs a lot of money. Surveillance is very expensive the more boots on the ground you have the more expensive. And the more high tech toy is you have like a hologram generating machines the more expensive it becomes our right. There's got to be a reason why they would invest that much money insert bailing you Edgar. -- Answer very very financially able. And it's a group of people I can't face disorderly because it kind of scary. All right well look since you can't say and a -- I just can't keep going over the same ground. I just gonna advise you what you need to do is talk to an attorney. Just like -- that are earlier you gotta go other record you've got to say here is. Why I believe I'm being surveil. Dates times pictures you need to go on the record our -- caught her lawyer. Get a lawyer. Here is what I think is happening here is why I think it is happening. An and quite frankly -- the kind of surveillance about which you're talking. Unless you are some influential person in the community that either tried to discredit. -- I don't frankly see a lot of validity to your story. Talked to a lawyer you if you can't get into specifics on the show I really can't go anywhere with all right. I. Don't like I know I and I know exactly what people are thinking that -- sunny Portugal might think the same thing. Are -- did all right. Does anybody care to look up the First Amendment violations that have taken place under the Obama administration and -- older. Where reporters computers were hacked and spied on by the United States government. Now there is a motive for doing that. The Obama administration wanted to find out what was going to be written about it and by the pool. And how to cover excess. That would be a target a newspaper reporter. And hope opinion maker. Who is considered perhaps an enemy of the state. No matter what state capital of they rebel browser. Lets put it this way. It wouldn't surprise me in the least if somebody like -- Thompson was being watched very closely. Wouldn't surprise me at all. Wouldn't surprise me at all -- Steve also -- scope was being watched. Why wouldn't surprise me. They do what newspaper reporters. Big toward to their computers that's public record folks in -- fantasy public record. But. Get a lawyer. And -- your lawyer about stuff like that go on the record with your attorney. -- -- It is up -- hourly news radio 930 W. You're being game. And met and then we've gone with view and meg gonna pay folks have been a tremendous show. And I hope that you have learned some things today I hope that I have provoked some thoughts. And I must tell you that I am particularly proud of the way. I set up this topic. Because the way I set it up I sent it up originally as Hillary. Obama and George Soros were doing news. Because I wanted this I want agent understate it. That it doesn't matter who. Is boarding your rights from you. What matters is that your rights are being taken from you the most recent example. Erie county and the sheriff. And the Fourth Amendment and this system reported on by Michael -- from WG RC TV channel true. Exposing the expenditure of over 300000. Dollars on a hole. That can intercept. Well basically can pick pocket data from your cell phone without any warrant whatsoever I think it's shameful. And I think. I'm this close to asking for sure Howard's resignation. You can not talk out of both sides your -- And save teacher for the Second Amendment but screw the four. That eight. That's not my bag baby honestly. -- thank Joseph Lieber for great job today and John Sherman not just running the show but some people -- speak with that in addition to your phone call. Penalty -- it's very important words no. --

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