A new state law requires everyone who applies for a gun license in New York to turn over their social media handles for a background check. Researcher Desmond Patton calls the checks a “digital stop and frisk” due to risks of racial profiling.
about the risks of racial profiling seeping into social media surveillance, just like it has with pat downs on the street. The paper details several cases in which people of color were arrested based, at least in part, on social media snooping. It warns of the potential for racial bias when police interpret someone's social media posts or decide whether to surveil them.
“There's probably some things that we could have done in terms of the process to make sure that it's more equitable and fairer,” he said. “But striking down the law and just allowing a number of concealed carry permits is just not going to be, I think, safe for New Yorkers of any race, religion, creed or sexual orientation.”
Local law enforcement agencies will be responsible for creating their own policies to conduct social media checks. It will be up to the police to judge applicants’ “moral character” and decide who poses a danger. The NYPD said in an email that its licensing process will balance constitutional rights with public safety. But Daniel Lambright, a senior staff attorney with the New York Civil Liberties Union, fears widespread police surveillance of social media could make people more hesitant to express their views, join political movements or share personal aspects of their identities online.
“All of those things are really important, I think, for our functioning democracy, and all of those things happen online,” he said. “If people have to give up their social media accounts, I think there's a realistic fear that that will kind of chill and kind of put a damper on a lot of those activities.
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