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October 2017
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NYPD Tells Judge Its $25 Million Forfeiture Database Has No Backup

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The NYPD is actively opposed to transparency. It does all it can to thwart outsiders from accessing any info about the department's inner workings. This has led to numerous lawsuits from public records requesters. It has also led to a long-running lawsuit featuring the Bronx Defenders, which has been trying to gain access to civil forfeiture documents for years.The NYPD has repeatedly claimed it simply cannot provide the records the Bronx Defenders (as well as other records requesters) have requested. Not because it doesn't want to, even though it surely doesn't. But because it can't.The department has spent $25 million on a forfeiture tracking system that can't even do the one thing it's supposed to do: track forfeitures. The Property and Evidence Tracking System (PETS) is apparently so complex and so badly constructed, the NYPD can't compile the records being sought.Oddly enough, the Bronx Defenders has pieced together enough data from the NYPD's broken PETS (along with other public records) to at least point out the glaring discrepancy between what the department publicly claims it has in its forfeiture accounts and what the database says it does.

At the hearing, the NYPD claimed that it only legally forfeited $11,653 in currency last year — that is, gone to court and actually made a case as to why the NYPD should be taking this money.[...]In the accounting summaries which the Bronx Defenders submitted as part of its testimony, the NYPD reports that as of December 2013, its property clerk had almost $69 million in seized cash on hand. This amount had been carried over from previous years, showing an annual accumulation of seized cash that has reached an enormous amount. The documents also show that each month, the five property clerk’s offices across the city took in tens of thousands of dollars in cash, ultimately generating over $6 million in revenue for the department.
When pressed in court, NYPD experts claim the NYPD lacks the expertise to extract the sought data from its forfeiture database. These assertions are at odds with the NYPD's self-perception: that it is fastest and smartest law enforcement agency in the US (better than the FBI, in fact) and foreign governments should be grateful its officers and analysts are showing up uninvited at scenes of overseas terrorist attacks.Somehow, these highly-trained officers are unable to extract data from a $25 million database. Maybe it's not the lack of talent. Maybe it's the lack of desire. Maybe the NYPD has zero interest in tracking this data because it doesn't want the public to see how much it has hoovered up or make it any easier for citizens to challenge forfeitures.The lawsuit continues, with the NYPD continuing to top itself with each round of expert testimony. As Adam Klasfield reports for Courthouse News, the NYPD's $25 million database is worth even less than previously assumed.
New York City is one power surge away from losing all of the data police have on millions of dollars in unclaimed forfeitures, a city attorney admitted to a flabbergasted judge on Tuesday.“That’s insane,” Manhattan Supreme Court Judge Arlene Bluth said repeatedly from the bench.
It is insane. There's no way around it. The assumption would be that a $25 million database has built-in redundancy. But of course it wouldn't. Not with the NYPD running it and not with its active disinterest in providing records to records requesters or having any accountability present in its forfeiture system.And why should the NYPD fix it? From its perspective, this is fine. Data goes in and never comes out. If it all disappears because someone trips over the power cord, the NYPD suffers no negative consequences. Everything it has taken over the years defaults to the NYPD until proven otherwise by claimants. And that's going to be a lot tougher to do when the NYPD has no records related to the forfeiture.The court is in no position to do anything about this. It can't order the NYPD to fix its system. All it can do is demand it comply with records requests and pay the legal fees of prevailing parties. But the NYPD can continue to run a useless system for the rest of whatever. The burden of proof in forfeiture cases is already shifted to claimants. A broken system places even more of a burden on those seeking return of their property, thanks to PETS being unable to confirm or deny existence of responsive records. It's GlomarDb and it makes a mockery of public records laws and due process simultaneously.

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Multiple Titles Using Denuvo Cracked On Release Day As Other Titles Planning To Use It Bail On It Completely

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If you've followed our series of posts about Denuvo, the DRM once claimed to be the end of video game piracy, you may have thought we had reached the end of its saga a couple of weeks ago when Denuvo-"protected" title Total War: Warhammer 2 was cracked and defeated within a day of its release. After all, once a game has been cracked in a time increment that can be measured in hours, you likely thought that was the finish line of Denuvo's lifespan.You were wrong. In the past week or so, multiple games that used Denuvo have been cracked on the same day as their release, with most of them being AAA titles from big publishers.

This week's release of South Park: The Fractured but Whole is the latest to see its protections broken less than 24 hours after its release, but it's not alone. Middle Earth: Shadow of War was broken within a day last week, and last month saw cracks for Total War: Warhammer 2 and FIFA 18the very same day as their public release.Those nearly instant Denuvo cracks follow summer releases like Sonic Mania, Tekken 7, and Prey, all of which saw DRM protection cracked within four to nine days of release. But even that small difference in the "uncracked" protection window can be important for game publishers, who usually see a large proportion of their legitimate sales in those first few days of availability.
With that window shrunk down to roughly zero days of protection for what is now multiple games coming out in a similar time period, it sure seems like the cracking groups have been able to replicate their successes in cracking this DRM with enough speed to make it wholly irrelevant. One imagines the folks behind Denuvo are at this point quite worried. And they should be, because even games that used Denuvo in their early-release versions are beginning to just drop it from their games as useless.
Then there's The Evil Within 2, which reportedly used Denuvo in prerelease review copies but then launched without that protection last week, effectively ceding the game to immediate potential piracy.
Now, the Ars post goes on to state that there have been rumors of a 5th release of Denuvo, with an update that the company hopes will once again render the DRM software something other than completely obsolete. But with publishers now dropping the software from their releases, even when they had fully planned on using Denuvo from the pre-release stage, you have to wonder just how much confidence any game publisher is going to have in release number 5.Given the precipitous fall Denuvo has had over its first four releases, any confidence on display by the publishers or Denuvo itself would certainly raise my eyebrows.

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