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“FLASH MOBS” WEBINAR OUTLINE
Description of the Problem
Social networking is a developing phenomenon. It is facilitated through the growing and prolific use of computers, mobile phones, and electronic notebooks that have the ability to connect to a variety of social networking services.
Social networks provide activists a means of low-cost grassroots organizing. For example, “Extensive use of an array of social networking sites enabled organizers of the 2009 National Equity March to mobilize an estimated 200,000 participants to march on Washington with a cost savings of up to 85% per participant over previous methods. (Ben Carlson [April 28, 2010] “March 2.0: Success of the National Equity March relied on social media tools,” Media Bullseye )
It is, however, the use of social networking to bring together a group of people, usually on an ad hoc basis, when, whether intended or not, that even may lead to violence and other illegal activity. The popular name for these groups is “flash mobs.”
Today’s more popular social networking sites are Facebook, Twitter, Linkedin, MySpace, Ning, Goggle Plus+, Tagged, orkut, hi5, myyearbook, Meetup, Badoo, bebo, mylife, and friendster.
Discussion Concepts
A “flash mob” is a group of people who quickly gather together in one location and commit spontaneous incidents of group violence or crimes such as theft after being summoned on-line through social networking sites.
“Social networking sites” are a form of computer-mediated social interaction with users creating profiles containing information about themselves including pictures, blog entries for others to read, and searches for others with similar interests. Users include organizations that create profiles to advertise their products and services. (http://en.wikipedia.org/wiki/Social_networking_service)
Flash mobs are not gangs, and, in fact, do not meet the legal or scholarly definitions of gangs.
Strategies Discussion Topics
1. Criminalize the organization, promotion, direction, or facilitation of flash mobs likely to result in illegality.
California criminalized street gangs when it added Penal Code section 186.22 to its statutes.^1 A “Flash Mob” statute might provide that “it is unlawful to use any electronic device to willfully
(^1) California Penal Code section 186.22: Any organization, association, or group of three or more persons, whether
formal or informal, having as one of its primary activities the commission of one or more of the criminal acts
organize, promote, direct, or facilitate the assembly of three or more persons with the intent that such assembly likely cause imminent illegality.”
Pro: While First Amendment protections of the freedom of expression and assembly are primary, there are limitations where behavior poses an imminent and serious danger. A statute, narrowly drawn, such as the one above, would comply with the Brandenburg Test as articulated by the Supreme Court. ( Brandenburg v. Ohio , 395 U.S 444 (1969).) This law is content neutral and, therefore, is not be subject to strict scrutiny. It neither prohibits nor criminalizes participation in a flash mob.
Con: Constitutional protections are sacrosanct. Many laws concerning the freedom of assembly and expression fail due to their overbreath and consideration of a lack of less restrictive alternatives. UCLA law professor Eugene Volokh believes that people who engage in flash mob mayhem should be prosecuted as someone who incites violence in person. “We don’t need to create a new set of laws of an old set of problems.”
- Implement curfews.
In 2010, there were a series of flash mob incidents in central Philadelphia with authorities suspecting that the groups gathered after seeing a call on Facebook or Twitter to meet. Thus, Mayor Michael Nutter and police enforced a citywide curfew mandating that anyone under 18 be indoors by midnight. Mayor Nutter enhanced that city’s curfew effectiveness by by extending the hours at selected recreation centers and challenged parents to insure that they knew where their children were at all times and implored parents to teach their children how to behave appropriate when not with their parents. Philadelphia law enforcement claims that enforcement of the curfew was the most significant step in calming flash mobs.
Pro: A mob requires mobsters. No mobsters, no mob. According to Philadelphia officials, their enforcement of a curfew met the test of pragmatism - it worked.
Con: Los Angeles County Sheriff’s Department Captain Mike Parker remarked that “the curfew idea was a great one but temporary. The Facebook idea (i.e., friending users on Facebook in hopes of monitoring chatter about potential mayhem) is where we need to go.”
Irvin Walker of the University of Ottawa, who refers to flash robs, opined that. “It is difficult to follow the logic of the new curfew in Philadelphia; a clearly reactive measure that authorities implemented following a series of flash robs. While some flash robs occur at night, many take place during the day, and are less likely to be affected by a curfew. Even if the police are able to enforce the curfew, it will simply force those young people back to their homes, where they will likely use social media to communicate with each other (and probably plan the next flash rob).”
3. Utilize hashtags, high school yearbooks, and surveillance video for identifying perpetrators of illegal acts accruing from flash mobs.
enumerated in paragraphs (1) to (8), inclusive, of subdivision (E), which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal activity.
Pro: Better intelligence allows agencies to improve their ability to anticipate social media driven illicit activity while educating older personnel in the use and characteristics of today’s media. It can become an integral tool for intelligent policing and prosecution.
Con: It is expensive, and requires an agency with sufficient need to “get ahead” of flash mob incidents, i.e., a risk-based need that a flash mob will be involved in illegal activity within the agency’s jurisdiction. This is an activity that can otherwise be combined with an agency’s routine criminal intelligence gathering and evaluation activities.
7. Ensure police action is taken.
If we are to be successful with the prosecution of those involved in flash mobs, proper investigative techniques, evidence collection and reasonable use of force must be a part of aggressive enforcement in flash mob situations. It would be wise to review these procedures with your local police departments.
Pro: Neighboring stores and commercial area with surveillance cameras should be contacted to ensure all relevant video/ evidence is collected. Cell phones or other electronic devices taken from arrestees may contain details regarding the organization of the flash mob, and might be used in a subsequent prosecutions to prove an individual’s association with mob activity.
Con: The goal is to assure the public’s safety and the preservation of property while maintaining the public’s First Amendment and other Constitutional rights. With flash mobs the goal is the modification of criminogenic activity by increasing actual and perceived risks of detection and apprehension. This can be achieved, for example, with “hot spots” policing that combines traditional tactics with alternative mob control strategies, but not every flash mob gathering is criminogenic. Consequently the potential for “Rodney King incidents” increases in the context of emotionally charged flash mobs, and the prevention of rogue or disproportionate police activity becomes a difficult administrative challenge.
8. Outreach and training to the business community.
Meeting with the local business community either collectively or individually provides for outreach and training opportunities.
Pro: Potential to build better partnerships with your business community. Establishing an alert system between the business community and law enforcements provides opportunities for information sharing and crime prevention activities. Businesses may elect to limit the number of juveniles allowed in the store at one time in hopes of preventing a flash mob gathering. Crime prevention officers should work more closely with business community to develop flash mob action plans (See #4 on Public Spaces Flash Mob Prevention Plan).
Con: Brick and mortar commercial establishment and financial establishments are at particular risk, while law enforcement resources are strained due to now familiar financial restraints. Finite resources necessitate that such resources be allocated on the basis of greatest need. In many
jurisdictions the reality is that resources are insufficient for outreach and training to the business activity.
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Train shop owners, managers, and staff to immediately report suspicious activity that is indicative of the forming of flash mobs: several large, unruly juvenile groups; orchestrated disorderly conduct; large groups running in the mall…etc.
8. Targeting Chronic Disorderly Individuals Create a list of disorderly shoppers who frequent the mall. Ban them from entering the mall. Obtain harassment injunctions after repeated violations. 9. Find Youth Leaders and Create a Youth Council Create a positive youth council for the mall. Allow for this council to peer review behavior and mall policies. If peers have some control in the mall, they will be stakeholders in the space and be more likely to deter disruptive behavior by peers.
