Noah Feldman: Telegram CEO’s arrest smacks of empty posturing

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The arrest in France of Telegram founder and CEO Pavel Durov has brought into sharp focus one of the major conflicts of our age. On one hand, we want privacy in our digital lives, which is why we like the kind of end-to-end encryption Telegram promises. On the other, we want the government to be able to stamp out repugnant online activities — like child pornography or terrorist plotting. The reality is that we can’t have our cake and eat it, too.

In August, Durov was charged with complicity in crimes taking place on the app, including distributing child pornography, drug trafficking and selling hacking software, as well as with refusing to cooperate with French authorities’ investigations. In a public statement, Durov insisted he has aided investigators, that the app moderates content as best it can, and that if “we can’t agree with a country’s regulator on the right balance between privacy and security … we are ready to leave that country.”

The tradeoffs between privacy and safety are real. Recognizing that makes hard policy choices inevitable. But we haven’t made those choices yet — not the European Union, where Durov was arrested, nor the U.S. Until we do, arresting the CEOs is little more than a misguided, symbolic move. Criminal arrest should be reserved for people who have violated clearly established law, not entrepreneurs providing the public with products we aren’t exactly sure we want to allow.

A bit over a decade old, Telegram has almost a billion monthly users worldwide. It seems that probably many of them started using the app for the same reason: privacy that’s supposed to be superior to that offered by other messaging platforms.

Privacy can function as a form of subtle resistance to powerful forces, whether corporate or governmental. Saying you don’t want anyone listening in can be a way of asserting sovereignty over some corner of one’s life. (It’s likely not a coincidence that Durov and his co-founder brother are Russian exiles, members of a culture thoroughly accustomed to pervasive government surveillance.)

Privacy is also an aspect of human dignity. In nearly all cultures on earth, people choose to protect some parts of their bodies or some of their activities from others’ prying eyes. Cultures differ on what should be private, but that variation is secondary to the basic impulse that some aspects of the self aren’t for public consumption.

Such points often get quickly shoved aside when the conversation turns to safety — particularly when a crime is one we have deemed utterly reprehensible.

Online as in real life, the better the surveillance, the greater the safety. Conversely, the more privacy, the more risk of a crime going undetected. The only difference between the physical and digital spheres is that in the former, most societies have developed fairly stable beliefs about the right balance between privacy and safety, beliefs long enshrined in law. Online, we’re still figuring it out — and we want to have it both ways.

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The real question about apps like Telegram, then, is pretty simple: Do we want there to be spaces where people can genuinely evade surveillance? Or do we think that the benefits aren’t worth the inevitable costs, which is that some people will take advantage of digital privacy to commit crimes we rightly abhor?

It’s an illusion to imagine that there is some solution that perfectly preserves both privacy and safety. Automated algorithmic surveillance is still surveillance. Relying on governments to seek warrants before breaking privacy, a feature of existing law in liberal democracies, only works if the communications aren’t truly encrypted but can be accessed through a backdoor. Relying on the platforms to review communication makes private companies into the powerful agents of even-more-powerful governmental forces.

We will eventually reach some sort of consensus about how and when to sacrifice privacy for safety, and vice versa — in the form of new laws, from civil penalties to (when necessary) criminal law.

But in a world where we haven’t yet made up our minds, it’s a cop-out to arrest a CEO like Durov. The arrest might make us feel good because it gives the impression that a government is using all means at its disposal to pursue crime. That feeling is illusory, however — because it masks our own ongoing ambivalence about true digital privacy.

It’s time we confronted the privacy-safety trade-off honestly. Until we have a clearer answer enshrined in law, arresting CEOs isn’t the solution.

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People.”

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Backed by new sales tax, St. Paul Parks and Rec launches 100 projects

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After 15 years of removing ash trees from the public right-of-way, St. Paul’s forestry department felled the last of some 30,000 of the trees from boulevards this year, all but capping the city’s efforts to get ahead of the dreaded emerald ash borer. That said, you’d be forgiven for not noticing.

That news was overshadowed by a flood that inundated Harriet Island, the ongoing spate of copper wire thefts that has shrouded key parks corridors in darkness, a heavy storm that impacted upwards of 2,000 trees citywide and the new Minnesota Yacht Club Festival, which brought 60,000 fans to a multi-day, big act concert series at Harriet Island this summer. Three new parks have opened at Highland Bridge, with a fourth on the way.

Then there’s the “Common Cent” 1% sales tax that city voters approved at the polls last November. A third of the sales tax money will support Parks and Rec projects, from parks and playgrounds like downtown Pedro Park to new rec center roofs and HVAC systems, of which 100 projects are scheduled or underway.

“We as a city department probably submitted the most amount of budget requests to the mayor this year — in the realm of about 19 different budget proposals,” said St. Paul Parks and Recreation Director Andy Rodriguez, addressing the St. Paul City Council during a recent budget hearing.

Director of St. Paul Parks and Recreation Andy Rodriguez . (John Autey / Pioneer Press)

Parks and Rec — which oversees what the Trust for Public Land has repeatedly dubbed one of the top three municipal park systems in the nation — had its hands especially full this year, though some of its most important work has been behind the scenes. The Como Zoo, for instance, hired its first full-time veterinarian after decades of contracting part-time and on-call help from the University of Minnesota.

The city budget

St. Paul Mayor Melvin Carter released his budget proposal in August, including an 8% property tax levy increase that could yet be trimmed by the St. Paul City Council before they finalize the budget in December. To do that, council members will have to make tough choices.

Given its wide variety of spending items, the Parks and Rec budget offers elected council members ample opportunity to promote their political wards with new services, activities and playing fields, or to make cuts. Parks and Rec plans to add the equivalent of 18 new full-time employees, about two-thirds of them related to the new $30 million North End Community Center, while shifting funding for other staffers from federal grants to the taxpayer-supported general fund.

With “Common Cent” sales tax funding trickling in, the department is playing catch-up on a heavy backlog of projects. Webster Park on Summit-University’s Laurel Avenue has new basketball and pickleball fields. Highwood Hills has new soccer fields. A full listing of 100 active “Common Cent” projects is online at StPaul.gov/ParksCommonCent.

Golf ‘very healthy,’ new facilities at North End Community Center

In addition, a partnership with Kaboom! has helped fund volunteer-driven playground construction at the Dunning Park, Hayden Heights and Linwood rec centers. There’s been a 50% uptick in park shelter permits issued for picnics, birthday parties and other everyday “passive recreation.” And there’s been a record number of golf rounds played at Highland National, bringing in added funding but also creating demand for more upkeep for things like paths and drainage.

“Golf continues to flourish post-pandemic,” said Rodriguez, noting golf spending has been able to pay for itself. “Those accounts are very healthy.”

A new North End Community Center on Rice Street is days away from debuting a new multi-purpose turf field, playground, oversized windows and other amenities. It will offer nearly double the operating hours and three times as much space as the old Rice Street Rec Center, which is owned by the St. Paul Public School district.

“It looks amazing already,” Rodriguez said.

The North End, which some have called overdue for a modern Rice Street facility, would receive $1 million toward new operating expenses for the facility under the parks budget proposal. That includes salaries for the equivalent of 11 full-time positions, among other operating expenses.

Tree, stump removal

After a recent storm damaged some 2,000 trees in the public right-of-way citywide, the forestry department removed dozens of trees from houses — including about 56 in a single day.

There’s more work ahead. With the structured removal of ash trees that began in 2009 finally over, the city is putting more effort into removing stumps, replanting trees and diversifying the tree species in its urban canopy. The goal is to create a more resilient and sustainable canopy.

Parks and Rec is requesting an added $500,000 toward that $7.8 million effort next year, for a projected total of $5.14 million from the general fund, $330,000 from the city’s Capital Improvement Budget, $2 million from the St. Paul Port Authority and $326,000 from a federal grant.

“Based on current funding, most residents will wait five years for a new tree … and in some cases, up to 15 years,” said Rodriguez, noting a partnership with the Port Authority runs out next year. “We’re at some decision points with trees and what we as a city are content with. We’re been largely focused on Emerald Ash Borer removals for the past decade-plus.”

ARPA spending faces deadline

Another key funding source — federal pandemic relief from the American Rescue Plan — is running up against a federal deadline. Recipients like St. Paul and Ramsey County must determine how they’ll spend their funds by the end of December, and then spend them accordingly by Dec. 31, 2026. A full listing of St. Paul’s budgeted ARPA projects is online at stpaul.gov/american-rescue-plan.

Using federal ARPA money, Parks and Rec has hired staff and extended free sports programs to 4,100 youth ages 10 and up, eliminating a key barrier to enrollment, and participation in most rec center sports has almost doubled. To keep youth sports free, Parks and Rec is requesting an added $560,000 from the city’s taxpayer-supported general fund next year, which would also support the equivalent of 2.75 new full-time positions for staffing and coordination.

Other requested spending in the Parks and Rec budget:

• Utility expenses are projected to go up $417,000.

• Health insurance expenses are projected to go down $365,000, better reflecting actual spending in recent years.

• The “Awakenings” program for at-risk youth would receive a one-time cash infusion of $208,000.

• Parks and Rec plans to put an extra $145,000 into tree trimming and vegetation maintenance downtown.

• An effort to further promote and enhance public spaces downtown would cost another $165,000.

• Public art downtown would cost another $100,000.

• A visitor center attendant at the Como Park Zoo and Conservatory has, until now, been funded by the site’s special fund, which is highly dependent on donations to the free zoo. For a steadier funding source, Parks and Rec is requesting that some $60,000 come from the city general fund, instead.

Park Safety Steward, free swim lessons

Despite a $122,000 investment, the “Park Safety Steward” program has been less than successful, said Rodriguez, who is looking for ways to revamp the program, which sought to create a ladder into police work for security for downtown parks and other hotspots.

“We’ll get people in. They’ll resign within a couple weeks,” Rodriguez said. “People often leave for a more competitive wage or other law enforcement opportunities.”

On a brighter budget note, Parks and Rec initiated the Sunnies — it’s first-ever municipal swim team — as a pilot program last spring, and plans to relaunch the team of pre-teen swimmers at the Jimmy Lee Rec/Oxford Community Center this fall. Scheduling has required careful planning around senior swim times and other pool activities.

“We’re consistently at capacity for all pool space,” Rodriguez said.

The city issued 1,800 free swim lessons this year, prioritizing youth who have never had formal swim instruction, and launched “free swim Sundays” at Jimmy Lee’s Great River Water Park. The Parks and Rec budget proposal would continue to fund free swim lessons but not the free open swims, unless a grant comes in.

Parks and Rec plays a large role in administering the city’s Right Track youth internship program, which places St. Paul teens and young adults in summer positions in both the public and private sector. That program has been growing steadily, thanks to partnerships with Ramsey County, nonprofits and private industry, culminating in 900 youth placements this past summer.

“That’s the biggest number in the program’s history,” said Rodriguez, in remarks to the St. Paul City Council. “We’re at 800 last year, 900 this year. We’re going to try and get 1,000 next year.”

In January 2023, a Parks and Rec employee shot a 16-year-old boy in the head after a scuffle outside the Jimmy Lee Rec Center on Lexington Parkway, closing the rec center for weeks. Since then, Parks and Rec has taken a hard look at its staffing models and training, Rodriguez said, beefing up staffing at Jimmy Lee and other key sites with help from the city’s Office of Neighborhood Safety, the St. Paul Public Schools and other partners.

“Those additions have really exceeded our expectations,” Rodriguez said.

Other key parks projects on the horizon include major improvements planned for Victoria Park, Pedro Park and the future Wakan Tipi Center.

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Today in History: September 17, Occupy Wall Street movement begins

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Today is Tuesday, Sept. 17, the 261st day of 2024. There are 105 days left in the year.

Today in history:

On Sept. 17, 2011, a demonstration calling itself Occupy Wall Street began in New York, prompting similar protests around the U.S. and the world.

Also on this date:

In 1787, the Constitution of the United States was completed and signed by a majority of delegates attending the Constitutional Convention in Philadelphia.

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In 1862, more than 3,600 men were killed in the Civil War Battle of Antietam (an-TEE’-tum) in Maryland.

In 1908, Lt. Thomas E. Selfridge of the U.S. Army Signal Corps became the first person to die in the crash of a powered aircraft, the Wright Flyer, at Fort Myer, Virginia, just outside Washington, D.C.

In 1944, during World War II, Allied paratroopers launched Operation Market Garden, landing behind German lines in the Netherlands.

In 1978, after 12 days of meetings at the U.S. presidential retreat of Camp David, Egyptian President Anwar Sadat and Israeli Prime Minister Menachem Begin (men-AH’-kem BAY’-gihn) signed the Camp David Accords, a framework for a peace treaty.

In 1980, former Nicaraguan President Anastasio Somoza was assassinated in Paraguay.

In 2001, six days after 9/11, stock prices nosedived but stopped short of collapse in an emotional, flag-waving reopening of Wall Street.

In 2021, a Los Angeles jury convicted New York real estate heir Robert Durst of killing his best friend 20 years earlier. (Durst, who was sentenced to life in prison, died in 2022.)

Today’s Birthdays:

Sen. Chuck Grassley, R-Iowa, is 91.
Retired Supreme Court Justice David H. Souter (SOO’-tur) is 85.
Mountaineer-explorer Reinhold Messner is 80.
Basketball Hall of Fame coach Phil Jackson is 79.
Indian Prime Minister Narendra Modi is 74.
Actor Cassandra Peterson (“Elvira, Mistress of the Dark”) is 73.
Director-actor Paul Feig is 62.
Film director Baz Luhrmann is 62.
Singer BeBe Winans is 62.
Actor Kyle Chandler is 59.
Rapper Doug E. Fresh is 58.
Author Cheryl Strayed is 56.
Actor Matthew Settle is 55.
Designer-TV personality Nate Berkus is 53.
NASCAR driver Jimmie Johnson is 49.
NHL forward Alexander Ovechkin (oh-VECH’-kin) is 39.
Actor Danielle Brooks is 35.
NFL quarterback Patrick Mahomes is 29.

St. Paul police end mental health unit with embedded social workers as city plans new approach

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The St. Paul Police Department has ended its mental health unit, as the city plans an approach it says will be more comprehensive.

The Community Outreach and Stabilization Unit (COAST) embedded behavioral health practitioners with a handful of police officers beginning in 2018. They generally did not respond to in-progress police calls, but followed up to calls that involved mental health and/or chemical dependency. The idea was that by providing people with referral to social services, they could be stabilized before another crisis led to a 911 call.

The police department had contracts for the practitioners and did not renew funding when it expired recently. The city says it plans to launch a new program at the start of next year.

The COAST unit “kept growing and growing in the idea of what it could do,” Police Chief Axel Henry said. “Simultaneously, we realized that many of these things are not what the community wants us to do, and … what the service requires is (not) really a police issue.”

The city of St. Paul and Ramsey County already have various programs that work with people experiencing mental health issues, chemical dependency, homelessness or a combination of those factors.

The city hopes to launch an initiative called Familiar Faces, which would include in-house social workers, in January. It will be directed toward people who police officers, paramedics or EMTs and emergency room staff see so often they become familiar faces.

“Our system sees them over and over and over again — one, at very high cost, but two, at a suboptimal level of efficiency,” said Mayor Melvin Carter.

St. Paul has received $3.7 million in state and federal grants, and another $6 million from the U.S. Department of Housing and Urban Development to build and run a service-orientated facility, according to the city. The city intends that Familiar Faces will operate this program in a part of the Catholic Charities Twin Cities space, adding to a coalition of programs and providers working together to meet community needs.

City looking at what happens after crisis response

Familiar Faces “would allow for direct, cross-department communications to right size the approach to the need,” according to a statement from the city.

St. Paul already operates the Homeless Assistance Response Team based in the Department of Safety and Inspections and a mobile crisis response unit through the fire department; there was previously the COAST unit.

The programs in various departments “all grew out of necessity, but now we realize that really the right answer is probably to merge all of them together in one big unit, so they’re co-housed together, they operate together,” Henry said.

The police department contracted with People Incorporated Mental Health Services for embedded mental health professionals for about $730,000 and with Ramsey County for about $582,000 between 2019 and this year; they were primarily grant funded, according to the police department. Henry said he didn’t think it was prudent to renew the contracts for the COAST unit since plans are underway for a different approach.

Familiar Faces is looking at what should happen after police or paramedics are called to a situation, if law enforcement action or emergency medical attention aren’t needed.

“There may be a crisis response that needs to happen first … but then what happens once you secure that situation?” said Deputy Mayor Jaime Tincher.

NAMI (National Alliance on Mental Illness) Minnesota’s executive director said she’s concerned there’s a gap between what Familiar Faces will offer versus the COAST unit. Sue Abderholden said she hadn’t been informed of what’s being planned, and she hopes the city is consulting with mental health providers. She also wants to ensure the city is making plans to protect mental health information.

The COAST unit had one sergeant and three officers; there had been one sergeant and seven officers at its peak, said Deputy Chief Pamela Barragan. There were three clinicians working with them.

An officer and clinician would visit people after an emergency call involving mental health and/or chemical dependency.

People Incorporated’s embedded professionals aimed to build rapport with people and provide direct services, including completing an assessment or evaluation that could be used for treatment for mental health or substance use disorders, said Mike Turpin, the nonprofit organization’s chief administrative officer and general counsel.

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After St. Paul police started their unit, People Incorporated also worked with Coon Rapids and Blaine, though the two police departments have since brought the mental health work in-house, Turpin said. The organization continues to work with Roseville police.

The St. Paul COAST clinicians managed 1,774 cases last year — those arose after police calls and also from referrals from community groups and others. They handled an average of 1,706 cases annually in the preceding five years, according to numbers from the police department.

The previous unit’s sergeant and one officer continue working as behavioral health liaisons in the police department. They forward information from police calls to mental health professionals for potential follow-up, and they notify officers for safety about mental health calls they may be called to.