The Voice of the Anti-Imperialist Movement from

Under Lock & Key

Got a keyboard? Help type articles, letters and study group discussions from prisoners. help out
[Palestine] [Digital Mail] [Idealism/Religion]
expand

On Christian Zionism and the Prison Tablet Propaganda Machine

Same Struggle: Palestine New Afrikan Flags
Same Struggle - a piece connecting the liberation struggles of New Afrika and Palestine from the years of their colonization

At the end of Orisanmi Burton’s Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt – a book USW cadre have been studying since its’ release in late October 2023 – Burton correctly labels the prison tablets supplied to the imprisoned lumpen by predatory prison communications companies like Securus and Global Tel Link(GTL)/ViaPath Technologies as “the cutting edge of carceral war.”(1)

Much has already been written by MIM and USW comrades about these tablets including the several areas Burton shortly discusses; the use of predatory pricing strategies that extract even more money from oppressed nation communities, expanding the surveillance state, and behavior modification/digital babysitters.(2) What has not been discussed in much detail is the use of the tablets as imperialist propaganda machines.

Of course, all of the content on the tablets is highly censored, with an extensive vetting process for orgs who want to place their content on them. On the GTL/ViaPath tablets we have at Main Jail in San Jose (Model VT-TABLET-5081S) the only app we have besides the GTL phone app is the free edu-tainment platform “Edovo”, which is – to no ones’ surprise – full of garbage content.

Shortly after the Palestinian resistance launched Operation Al-Aqsa Flood, smashing the Iron Wall and entering the rest of their homeland as a force to be reckoned with, there was an almost weekly upload of Christian Zionist and other Zionist propaganda pushed onto the platform. The first of these that I noticed was the feature film “Exodus: Gods & Kings” which details the Old Testament story of Moses leading the Israelites to Palestine, or as it is called in the movie, Canaan. This story, along with several other books of the Old Testament, are the basis for what Zionists today use as their claim to Palestine as their “ancient homeland”. And yet, as Palestinian hystorian Nur Masalha writes, “The Old Testament is not actual history but imaginative fiction, theology, sacred literature, ethics and wisdom.”(3) In short, the stories that Zionists base their land claims to Palestine on are myth narratives, not proven hystory.

Roughly around the same time, episodes of a Christian Zionist podcast started to be uploaded to Edovo. This podcast, called “Real Vida TV”, is put together by evangelists from Tyler, Texas who use their show to spread vaccine/COVID conspiracy theories popular among the Amerikan right, as well as anti-immigrant, queer & transphobic rhetoric alongside Bible verses.

Since October 7th they’ve been spreading the usual Zionist lies of mass rape, beheading babies, etc… that the imperialist media continues to propagate. They also have been tying everything occurring in Palestine and the Middle East into the strange and insane “end times” prophecies that are the main reason for the strong support of Christian Zionism, led mostly by Amerikan evangelists.

To understand this a bit better, let’s take a step back from the Zionist podcast and take a closer look at Christian Zionism, which, to my knowledge, hasn’t had anything substantial written on it in ULK.

Evangelical Christians, the bulk of Christian Zionists in the United $tates, take the writings in the bible literally. To get a numerical picture, there are roughly around 15 million Jews around the world today (which I’d like to note, a large percentage are anti-Zionist and completely reject the genocidal state of “i$rael”); in comparison there are over 70 million evangelicals who share the same “ironclad” support of “i$rael” as Genocide Goe in the United $tates. Christian Zionism also finds its roots in the Bible, but it is not because of some altruistic wish to “return” the Jews to the safety of their so-called “ancient homeland”. The return and consolidation of the Jews in the land of Palestine is supported so strongly by the Christian Zionists because they believe once this has been finally accomplished their “messiah” Jesus Christ will return, render judgement(punishment) upon the nonbelievers (which includes Jews as they do not believe Christ is the “messiah”), and then get into motion the so-called end-times prophecies of the Book of Revelation (which depicts Armageddon), where the non-believers will burn and the true believers will float up with Jesus to LaLa Land.

No, I am not making this up sadly.

Even more sadly, these views are being used by those who produce the podcast to justify the ongoing genocide and dispossession of Palestinian people, the actual indigenous inhabitants of the land of Palestine.

What’s worse, at least for Our comrades in Texas, is that these Christian Zionists go to and have access to all of the TDCJ gulags where they can spread this poisonous rhetoric, possibly making it even harder to shift public opinion in the units in favor of the Palestinian liberation struggle (I’d be interested to know the point of view of Our comrades in Texas on this). As the Zionists and their imperialist backers continue to spread their lies to try to sway the opinions of the masses toward support of their genocidal logic, We must counter them in every way We can, especially in the writing and dissemination of articles on Palestine in the pages of ULK, and by supporting/working on the USW Palestine campaign.

From the river to the sea, Palestine will be free!

MIM(Prisons) adds: A USW leader in Florida wrote an article on the Biblical “history” of the Jewish people. We are not printing that article. But here is their explanation for the approach they took in that piece:

“I’m hearing pro-I$raeli comments in the quad and on the yard every day. Prisoners are completely swallowing and promoting the CIPWS zionist pro I$raeli narrative, ie., that the Palestinians brought the genocide upon themselves when they attacked I$raeli citizens, rather than settlers/invaders, on October 7, 2023, rather than in response to 70-plus years of CIPWS zionist occupation and oppression.

“I am surrounded by prisoners who hear the word”Israel” and automatically think “Jesus”. Prisoners see the entire Israeli-Palestinian conflict and situation from a biblical point of view rather than a historical and U.$. imperialist political one.

“The average prisoner had never heard of Hamas, Zionists, Hizbullah, Houthi, etc. until recently. Prisoners identify with Israel mostly due to religion and all they are told is that Israel was attacked by Palestinians, and that Palestinians want Israel extinct, even as they see the total opposite happening with their own oppressed eyes. Even Muslims here, due to subliminal incognizance, do not support or identify with he Palestinians’ plight. They see the Palestinians, not as victims, but as terrorists, not as brothers.”

As members of United Struggle from Within (USW) have come out in strong support of the Palestinian resistance, we see this is not representative of the consciousness of the imprisoned lumpen as a whole. Thus the need for our leaders inside to continue this campaign to support Palestine in the realm of education and ideological struggle among the oppressed in this country. People who are suffering a lower level genocide through the prison system itself are somehow identifying with their own oppressor. If the national liberation struggles were stronger in this country, we would be seeing a lot more support for national liberation of Palestine here as well.

Notes:
(1) Burton, Orisami, “Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt”,(University of California Press, 2023),p.227
(2) Ibid. p.228
(3) Masalh, Nur, “Palestine: A Four Thousand Year History”,(I.B. Taurus, 2018) p.30

chain
[United Front] [Drugs] [Campaigns] [COVID-19] [Organizing] [Digital Mail] [ULK Issue 85]
expand

Discussing Campaign to Expand ULK

ULK 85 promo art - build ULK

In ULK 84 we reported on a sharp drop in donations from prisoners in 2023, and a gradual decline in subscribers in recent years. We asked our readers to answer some survey questions to help explore the reasons for these declines and to begin a more active campaign to expand ULK in 2024. Below is some discussion with comrades who have responded to the survey so far about drugs, gangs, COVID-19, generational differences and more. If you want to participate in this conversation, please respond to the questions at the end.

Problems We’ve Always Had

A North Carolina prisoner on censorship: i pass my copies around when i’m able, what i always hear is “Bro i wrote to them but never received the paper.” Then there is a couple guys who were on the mailing list who say they’re not receiving the paper no more.

MIM(Prisons) responds: The obvious answer to this is the newsletter is being censored. Any prisoner of the United $tates who writes us for ULK will be sent at least 2 issues, and if you write every 6 months we will keep sending it. Censorship has always been a primary barrier to reaching people inside, but we have no reason to believe that has increased in the last couple years. Relaunching regular censorship reports could help us assess that more clearly in the future.

A Pennsylvania prisoner on the younger generation: I think it is these younger generation people who are coming into the prison system or people who have been pretty much raised by the judicial system, and the guards become mommy and daddy to them… They do not want to or are possibly afraid to change the only life they have ever known. I know some of these younger guys here who have gotten too comfortable and think: “Oh, I am doing so good, I have a certain level of say-so here, the guards are my buddies, they get me, et cetera.” When on the outside they did not have that.

Also, on my block, many people are illiterate and cannot read. I know this because I am the Peer Literacy Tutor.

MIM(Prisons) responds: Most of this doesn’t sound new. Older prisoners have been talking about the lacking of the younger forever. Illiteracy is also not new in prisons. There is some indication that the COVID pandemic has impacted literacy in children, but that would not be affecting our readership (yet).

A California prisoner: I think a lot of prisoners do not want to hear negativity or incendiary language, we get enough of that in here and I notice a lot of unity around positivity in here. I suggest less dividing language and more unifying language. In particular, the “who are our friends and who are our enemies” line could certainly drop the “who are our enemies” part. Prisoners don’t want someone telling them who to be enemies with, prisoners want to be told who to be friends with.

I have trouble passing on ULK, natural leaders won’t even accept it (I try to revolutionize the strong). As soon as I say “it’s a communist paper”, the typical response is “I’m not a commie.” Any suggestions??

MIM(Prisons) responds: Not sure if you’re leading with the fact that it’s a communist newspaper. But when doing outreach, the fact that we’re a communist organization will not come up until we’ve gotten into an in-depth conversation with someone. We want to reach people with agitational campaign slogans, hopefully ones that will resonate with them. What in this issue of ULK do you think the persyn might be interested in? Lead with that.

As far as who are our friends and who are our enemies goes – this is actually a key point we must understand before we begin building a united front (see MIM Theory 14: United Front where a prisoner asks this same question back in 2001). We must unite all who can be united around anti-imperialist campaigns. Our goal is not to have the most popular newsletter in U.$. prisons; that might be the goal of a profit-driven newsletter. Our goal is to support anti-imperialist organizing within prisons. As we’ve been stressing in recent months, prisons are war, and they are part of a larger war on the oppressed. If we do not recognize who is behind that war, and who supports that war and who opposes it, we cannot stop that war. If you see a group of people that wants to carpet bomb another group of people as a friend, then you are probably not part of the anti-imperialist camp yourself. Prisoners who are mostly focused on self-improvement, parole, or just getting home to their families may be willing to be friends with anyone who might help them do so. But we must also recognize the duality of the imprisoned oppressed people as explained by comrade Joku Jeupe Mkali.

Problems That May Be Getting worse

A Washington prisoner on the drug trade: Drugs and gangs are the biggest threat to radical inclination in the system. Drugs keep the addicted dazed and unable to focus on insurgency. Whereas the self-proclaimed activist gang member who actually has the mental fitness to actually avoid such nonsense has become so entrenched in a culture aimed at feeding on the profit he gains in the process has forgotten his true goal and would rather stand in the way of change to maintain profit.

MIM(Prisons) responds: This is perhaps the biggest shift we’ve seen in reports on conditions on the inside in recent years. Of course, these are not new issues. But there are new drugs that seem to be more easily brought in by guards and have more detrimental effects on peoples’ minds. Meanwhile, the economics of these drugs may have shifted alliances between the state-employed gangs and the lumpen gangs that work together to profit off these drugs.

When we launched the United Front for Peace in Prisons over a decade ago, it was in response to comrades reporting that the principal contradiction was lack of unity due to lumpen organizations fighting each other. In recent years, most of what we hear about is lumpen organizations working for the pigs to suppress activism and traffic restricted items. While Texas is the biggest prison state and much of those reports come from Texas, this seems to be a common complaint in much of the country as regular readers will know.

Related to drugs is the new policy spreading like wildfire, that hiring private companies to digitize prisoners’ mail will reduce drugs coming into prisons and jails. Above we mentioned no known increase in censorship, but what has increased is these digital mail processing centers; and with them more mail returned and delayed. In Texas, we’ve been dealing with mail delayed by as much as 3 months for years now. As more and more prisons and jails go digital, communications become more and more limited. Privatized communications make it harder to hold government accountable to mail policies or First Amendment claims. There is no doubt this is a contributor to a decrease in subscribers.

A Pennsylvania Prisoner reports a change in the prison system due to COVID-19: The four-zoned-movement system has been implemented here at SCI-Greene because of COVID. Before COVID, everything was totally opened up. Now everyone is divided from one another and it makes it that much harder for someone like me who is constantly surrounded by an entire block full of people with extreme mental health or age-related issues.

MIM(Prisons) responds: This is an interesting explanation that we had not yet thought of. While we don’t have a lot of reports of this type of dividing of the population in prisons into pods since COVID, we know that many prisons have continued to be on lockdown since then. An updated survey of prisoners on how many people are in long-term isolation may be warranted. But even with the limited information we have, we think this is likely impacting our slow decline in subscribers.

This does not explain why donations went up from 2020 to 2022, but then dropped sharply in 2023. However, we think this could have been a boom from stimulus check money, similar to what the overall economy saw. In prisons this was more pronounced, where many people received a couple thousand dollars, who are used to earning a couple hundred dollars a year. While we would have expected a more gradual drop off in donations, this is likely related. In 2023, prisoners were paying for a greater percentage of ULK costs than ever before. We had also greatly reduced our costs in various ways in recent years though, so this is not just a sign of more donations from prisoners but also a reflection of decreased costs. We’d like to hear from others: how did stimulus checks affect the prisoner population?

Like many things, our subscribership and donations were likely impacted greatly by the COVID-19 pandemic and the state’s response to it. Another interesting connection that warrants more investigation is how the stimulus money may have contributed to the boon in drug trafficking by state and non-state gangs in prisons. And what does it mean that the stimulus money has dried up? So far there is no indication of a decline in the drug market.

A California prisoner on “rehabilitation” and parole: The new rehabilitation programs in CDCR are designed to assign personal blame (accept responsibility). A lot of prisoners are on that trip. “It’s not the state’s fault, it’s my fault cause I’m fucked up.” That’s the message CDCR wants prisoners to recognize and once again parole is the incentive, “take the classes, get brainwashed, and we might release you.” I call it flogging oneself. But a lot of prisoners are in these “rehabilitation” classes. It’s the future. MIM needs to start thinking how to properly combat that.

MIM(Prisons) responds: The Step Down program in California in response to the mass movement to shut down the SHU was the beginning of this concerted effort to pacify and bribe prisoners to go along with the state’s plan.(1) As we discussed at the time, this is part of a counterinsurgency program to isolate revolutionary leaders from the rebellious masses in prison.

Our Revolutionary 12 Step Program is one answer to the state’s “rehabilitation.” Our program also includes accepting responsibility, but doing so in the context of an understanding of the system that creates these problems and behaviors in the first place. Yes we can change individuals, but the system must change to stop the cycle. The Revolutionary 12 Steps is one of our most widely distributed publications these days, but we need more feedback from comrades putting it into practice to expand that program. And while it is written primarily for substance abuse, it can be applied by anyone who wants to reform themselves from bourgeois ways to revolutionary proletarian ways.

In other states, like Georgia and Alabama, parole is almost unheard of. The counterinsurgency programs there are less advanced, creating more revolutionary situations than exist in California prisons today. In the years leading up to the massive hunger strikes in CDCR, MIM mail was completely (illegally) banned from California prisons. Today, it is rare for California prisoners to have trouble receiving our mail, yet subscribership is down.

Solutions

A California prisoner: Personally I would like to see play-by-play instructions for unity. I saw something like that in the last Abolitionist paper from Critical Resistance. A lot of us want unity but don’t know how to form groups or get it done. I know MIM’s line on psychology, however it has its uses. The government consults psychologists when they want to know how to control people or encourage unity among their employees. I suggest MIM consult a psych for a plan on how to unify people, then print the play-by-play instructions in ULK. It’s a positive message prisoners want to hear.

MIM(Prisons) responds: As mentioned above, building the United Front for Peace in Prisons was a top topic in ULK for a long time, so you might want to reference back issues of ULK on that topic and MIM Theory 14. Psychology is a pseudo-science because it attempts to predict individuals and diagnose them with made-up disorders that have no scientific criteria. Social engineering, however, is a scientific approach based in practice. By interacting with people you can share experiences and draw conclusions that increase your chances of success in inter-persynal interactions. This is applying concepts to culture at the group level, not to biology of the individual.

Again, the key point here is practice. To be honest, the engagement with the United Front for Peace in Prisons has decreased over the years, so we have had less reports. Coming back to the question of how to approach people in a way that they don’t get turned off by “commie” stuff, a solution to this should come from USW leaders attempting different approaches, sharing that info with each other, and summing up what agitational tactics seemed to work best. Comrades on the outside could participate as well, but tactics in prison may differ from tactics that work on college campuses vs. anti-war rallies vs. transit centers.

A North Carolina prisoner: i look forward to receiving the paper and i love to contribute to the paper. ULK is not just a newspaper in the traditional sense of the word it’s more than that. It’s something to be studied and grasped, and saved for future educational purposes. In my opinion its the only publication that hasn’t been compromised.

i think ya’ll should publish more content on New Afrikan Revolutionary Nationalism (NARN) then ya’ll do. To be honest, the ULK is probably the only publication that provides content that elucidates NARN. Nonetheless, ya’ll keep doing what ya’ll doing.

MIM(Prisons) responds: We’ll never turn away a well-done NARN article, so keep them coming. This is a newsletter by and for prisoners of the United $nakes.

A Pennsylvania prisoner: As with everything, “education” is a key factor. A lot of people really have a lack of comprehension of the Maoist, Socialism, Communism agenda or actual belief system is about. I have a general idea, but not the whole picture. Many people are ignorant to what it is all about. … I was a bit of a skeptic when I first began writing MIM(Prisons), but I no longer am 3 years later.

As I have continued to write and read all your ULKs I have begun to realize what you stand for, and that is the common people who are struggling to survive in a world full of powerful people, who do not play by the rules. … Those powerful and wealthy who have forgotten what it is like to be human. … When I get released from prison later this year and get back on my feet I do plan to donate to MIM(Prisons) because I strongly support what you stand for.

…It was word of mouth that got me interested in ULK, and that is what we should use to spread the word. Sooner or later someone, somewhere is gonna get interested.

MIM(Prisons) responds: We appreciate this comrade’s continued engagement and struggling with the ideas in ULK. Eir description of what we do is accurate. Though, the same could be said for many prisoner newsletters. We recommend comrades check out “What is MIM(Prisons)?” on page 2 to get an idea of what differentiates us from the others; and to ask questions and study more than ULK to better understand those differences.

A Washington prisoner: I believe there has not been enough exposure of ULK in the prison system. I only happened on it by chance. I sought out communist education on my own after not being able to shake an urge that there was something incredibly wrong with the political and economic structures in my surroundings. I believe we should launch a campaign of exposure and agitation. Create and pass out pamphlets and newsletters geared to helping people see the relevance of communism and their current situation. For a start, I would like to receive copies of the Revolutionary 12 Step Program pamphlets to strategically place in my facility so prisoners can have access to them.

MIM(Prisons) concludes: Expanding ULK just for the sake of it would be what we call a sectarian error. Sectarianism is putting one’s organization (one’s own “sect”) above the movement to end oppression. The reason we are promoting the campaign to expand ULK is that we see it as a surrogate for measuring the interest in and influence of anti-imperialist organizing in U.$. prisons. As comrades above have touched on, there is always a limitation in access and numbers do matter. Most prisoners have never heard of ULK. The more we can change that, the more popular we can expect anti-imperialism to be within U.$. prisons and the more organized we’d expect people to get there.

We are working on expanding our work with and organizing of prisoner art. As they say a picture is worth a thousand words. More art that captures the ideas of our movement can help us reach more people more quickly. So send in your art that reflects the concepts discussed in ULK. We also offer outside support for making fliers and small pamphlets. What types of fliers and small pamphlets, besides the Revolutionary 12 Steps, would be helpful for reaching more prisoners with our ideas and perhaps getting them to subscribe to ULK?

Another way to reach people in prison is through radio and podcasts. We are looking for information on what types of platforms and podcasts prisoners have access to that we might tap into.

We only received 4 responses to our survey in ULK 84 in time to print in this issue. This is another data point that indicates the low level of engagement with ULK compared to the past. Another possible explanation for lack of responses is that this survey was more difficult to answer than previous surveys we’ve done because it is asking for explanations more than hard facts. Either way, in our attempt to always improve our understanding of the conditions we are working in, we are printing the survey questions one more time (also see questions above). Even if your answer to all the questions below are “no”, we’d appreciate your response in your next letter to us.

  • Have you noticed changes in the prison system that have made it harder for people to subscribe to ULK or less interested in subscribing?

  • Have you noticed changes in the prisoner population that have made people less interested in subscribing?

  • Have you noticed/heard of people losing interest in ULK because of the content, or because of the practices of MIM(Prisons)?

  • What methods have you seen be successful in getting people interested in or to subscribe to ULK?

  • Do you have ideas for how we can increase interest in ULK in prisons?

Notes: 1. cipactli of Brown Berets - Prison Chapter, October 2014, (Un)Due Process of Validation and Step Down Programs, Under Lock & Key No. 41.

chain
[Grievance Process] [Censorship] [Digital Mail] [Coffield Unit] [Texas] [ULK Issue 85]
expand

Sample Grievance Against TX Digital Mail As Delays Continue

The Digital mail system launched by the Texas Department of Criminal Justice (TDCJ) last year has been disastrous for prisoners and those who communicate with them.

One comrade from Coffield Unit just wrote to say:

“In response to the TDCJ Digital Mail initiative article from ULK 84. My own postal mail has been averaging 3 months for receipt since the implementation of the program. Even our Securus e-mail at my unit has been taking up to 3 or 4 weeks to be received – both incoming and outgoing.”

Meanwhile we are receiving mail from comrades in Allred Unit that is dated from 3 months ago. While there are more delays in mail going in, they are happening in both directions.

The Warrior In White newsletter has been investigating delays and received the following responses:

[TDCJ Ombdusman to the nonprofit:] “There are no staff shortages and all mail is being processed within the 3 day limit as stated in the policy.”

[Mail System Coordinator in Huntsville:] We are currently experiencing a staff shortage. We were not expecting the volume of mail at the Dallas facility. All mail to you has been received at the facility, but not yet scanned (acknowledging the USPS Informed Delivery Service evidence showing the mail at the Dallas facility).”

[From Securus:] “There is no staff shortage. All mail is being processed within 5 days, unless there are pictures or photos, in which case it may take a little longer.”

One comrade is leading a lawsuit against the violations of the digital mail system as we reported in ULK 84.

Another comrade wrote in response to that suit to suggest:

“To a Texas prisoner who has filed a complaint challenging the constitutionality of the Agency’s contracting with a private vendor (i.e.: a for-profit company in Dallas, Texas) to digitalize all Texas prisoners’ incoming general mail and photographs for computer-generated posting to a prisoner’s Securus authorized tablets. I believe this Texas prisoner needs to read Securus Technologies, LLC’s Agreement of Terms and Conditions when challenging the Agency’s policy-related ban of senders’ mail piece items off of prisoners physical mail. See Texas General Arbitration Act.”

For those who cannot commit to participating in the lawsuit, we can continue to agitate around this issue. And one way is to file grievances. Below is an example grievance from a comrade that can help you write your own:

page 1 grievance against TDCJ digital mail
page 2 grievance against TDCJ digital mail
chain
[Censorship] [Digital Mail] [Legal] [Texas] [ULK Issue 85]
expand

Updated Info on TX Lawsuit re: Digitalized Mail

Dear UL&K Editor & Staff,

When i originally wrote to you regarding my lawsuit on the digitalized mail, i had NOT yet been assigned a case no. i have one now:

Case No. 2:23-CV-00269
James Logan Diez v. TDCJ-CID
United States District Court
Southern District of Texas
Corpus Christi Division

Address of Court:
Clerk @ 1133 N. Shoreline Blvd.
Corpus Christi, TX 78401

Plaintiff’s Address (for Attorneys, Legal Aid, or Organizations)
James Logan Diez
2399291 McConnell Unit
3001 S. Emily Dr.
Beeville, TX 78102
  • Prisoners are NOT allowed to correspond with Plaintiff. ALL other INDIVIDUALS may write to Plaintiff using the name, #, and Unit, with:
P.O. Box 660400
Dallas, TX 75266-0400

WARNING Any fellow Texas Prisoner who wants to seek to join this suit as a Defendant WILL be required by the Court to pay applicable fees and court costs – so, don’t put your foot in the pond if you aren’t prepared to swim.

Again – as the Plaintiff – i am extending an open invitation to any Attorneys, Investigators, Paralegals, Researchers, Legal Aid Groups, or Sponsors who would like to offer assistance with this litigation.

  • ALL pleadings filed to date should be available for viewing/downloading on the Court’s public website.

With appreciation for ANY assistance extended into my hand – have a great day and Blessed be.

chain
[Digital Mail] [Legal] [Texas] [ULK Issue 84]
expand

Challenging Constitutionality of Digital Mail, and related reports from Texas

On 20 October 2023 I filed a complaint challenging the constitutionality of the Texas Prison Administration’s contracting with a private sector, for-profit company in Dallas, Texas to digitalize all TDCJ-CID prisoner’s incoming personal/general correspondence and photographs for posting to the SecurusTech tablets issued to us in May 2023. I paid the full filing fee as well as the administrative and service fees.

I submit this information and the following to ULK for the following reasons:

  1. To seek unity across state and federal prison systems currently under digitalized mail policies.

  2. To provide fellow prisoners in all prison facilities with details on my challenge to digitalized mail so that we can coordinate a nationwide attack, and perhaps get an inter-state class action lawsuit that will be moved to the u.$. Supreme Court.

  3. To hopefully secure a Pro Bono assistance of attorney to ensure all the bases are covered.

While I was able to cover the initial $500 cost to file the complaint by sacrificing renewal of several magazine subscriptions and commissary “luxuries”, I do not have the financial ability to hire counsel or investigative resources, nor any further admin fees so I am going to need help.

The complaint’s Constitutional challenge relies on numerous First and Fourteenth Amendment issues of freedom of speech and due process, to wit:

1. Exaggerated Response:

TDCJ-CID administration claims the ban on physical mail is to stop the drugs/contraband that come through USPS mail. However, physical mail may account for less than 1% of incoming drug contraband, and such drug-laced articles of mail can be easily detected, isolated, and removed using the K-9 drug detection units that are maintained on every TDCJ-CID unit. Everyone, including the prison administration, knows that almost 100% of the drugs and contraband that enters prison facilities gets in through one of only three ways:

A. Corrupt admin/security employees.

B. Outside trustees picking up “drop” packets outside the security fence and bringing or passing them to inside trustees.

C. Private sector deliveries to the prison (kitchen and office supplies, or vendors for guards’ food orders and commissary supplies) having “special” cartons containing hidden contraband.

Yet, the prison administration takes almost no measures to check these primary sources for drugs/contraband.

2. “Chilling” and/or blocking legitimate freedom of speech and expression:

As a published op-ed columnist and essayist whose work has appeared in two syndicated newspapers, and on several internet sites that are operated by 501.3-c organizations, my readers range from Junior High students to nursing home residents, Democrats, Republicans, members of every other political party, housewives, secretaries, police officers and bartenders.

Often my readers want to write me but the venues I am published in rarely publish contact info, so readers google me to find out I am confined at a certain prison facility then google the facility to determine its address then send their letters to me there.

Prior to the digital mail policy, I received their letters (about 8-12 per week). After the policy, I have received NONE. The unit mailroom return to sender all “personal/general” mail that comes for a prisoner without explanation. Hence, this blocks my readers’ letters to me and “chills” their desire to communicate (they probably think I refused their letters). Students and the elderly who write me often don’t know to go to the prison website to check correspondence rules.

3. Denial of due process prior to restriction of mail:

I am a Naturist. I don’t use drugs, nor have I ever had anything to do with drugs. I have never been accused of, charged with, nor found guilty on any drug-related behavior in any administrative or criminal hearing, and have never been accused of or found guilty of smuggling/attempting to smuggle or posses “contraband.” That is, yet.

Without any form of due process I have been denied my lawful privilege and right to receive property sent to me (i.e. the physical letters and photos).

Physical letters and photographs have a sentimental “keepsake” value beyond any monetary valuation.

The u.$. Supreme and lower courts have held uniformly that copies/digital images of a document/photograph are not the same as the original. Ergo, sending me or any prisoner digital copies of their letters and photos (or even copies) is not giving them the property their letters/photos constitute.

The u.$. Constitution requires a due process seizure hearing before government can seize a citizen’s persynal property, whether that property is land, a vehicle, or an article of mail having value to the citizen.

Note: If the government, at such a hearing, can produce legitimate evidence that I have attempted to smuggle contraband/drugs through the USPS mail into the prison, then and only then would it be legally justified in enforcing a “digital mail only” rule upon me.

4. The digital mail “blanket” policy is overly broad:

The number of prisoners who attempt to smuggle drugs/contraband through the USPS mail is minuscule. 99% of prisoners would never even consider such a foolish act. Even prisoners who use and traffic drugs and other contraband generally don’t use the mail because (a) the volume of drugs that can fit in a letter doesn’t justify the risk and (b) it’s much easier to get large amounts of drugs brought in by one of the other venues.

All the digital mail policy does is punish hundreds of thousands of prisoners who don’t smuggle drugs or contraband in the first place. It’s analogous with fining the entire town’s citizens for excessive noise because there’s one “pothead rocker” playing eir stereo too loud.

Most prisoners use the USPS mail in a legal, rule abiding manner and never try to smuggle through the mail. First and Fourteenth Amendment rights are fundamental, and mail digitalizing policies abrogate those rights in an overly broad and exaggerated response to a security issue that would be more easily (and economically) dealt with in a less intrusive manner.

These four points (and their consequential points) are the primary basis of my complaint.

Do prison authorities have a legal right to impose and enforce mail digitalizing for security reasons? Yes. But only in a reasonable manner necessary to address the specific security problem without punishing prisoners who are not a party to the problem. Officials can not punish innocent prisoners nor strip them of constitutional rights merely because a tiny fraction of the prison population is causing a problem.

So if anyone wants to get on board to help get this issue litigated properly, get in touch with me ASAP. Today is 18 November 2023, don’t delay.


A comrade at Bridgeport Unit reports: I would like to inform you of a change in the Law Library Holding list as of November 2023 the Law Library has taken the PD-22 Rules of Conduct out of the Law Library. It seems as if any ammunition we can use to fight with they want to destroy it somehow. The other problem is this digital mail is taking forever to get to one’s tablet. I have received numerous letters that are 2.5 to 3 months old. This has become a problem for many. I did receive newsletter #83 in the month of November 2023.


MIM(Prisons) adds: We have reported on the history of censorship of TDCJ’s own documents in previous issues. While we had encouraged comrades inside to challenge this legally, one comrade has informed us that ey believes this to be a faulty strategy. We are not lawyers, so we provide these ideas for consideration:

TDCJ has the discretion to withhold, or delay, any administrative documents they may or may not deem to be challengeable in public information act. There is a logical reason behind certain “administrative documents” not to be made available for Texas residents (i.e. friends and families, including incarcerated prisoners off of general population). I’m sure by now that these certain “administrative documents” are not censored. For items or certain materials that are being withheld – whether it be a policy, procedure, regulation, or rule – it is a fact that a governmental department is not obligated to disclose public information. Governmental departments are obligated to disclose public information at the requestor for inspection and review. See Tex. Gov’t Code, Sec. 552.221 through Sec. 552.235. They are not censoring. They are REMOVING it. Trickery word.

Filing lawsuits in federal court pertaining to the items or materials being complained under the claim of censorship is supporting and encouraging those administrative suits in being DISMISSED (or dismissed with prejudice). Giving away $350-$400 for free without meaningful merit to be heard or read…

Please refer incarcerated people in Texas to search out an author by the name of Raymond E. Lumsden on numerous books: The Pro Se Section 1983 Manual; The Habeas Corpus Manual; Ask, Believe, Receive; The Pro Se Guide to Legal Research & Writing, etc. These books are available from Amazon, Barnes and Noble and FreebirdPublishers.com.


A comrade in Allred Unit reported: Just today I received your mail confirmation letter via my tablet. The letter is dated 14 September 2023, so it is taking over 2 months to get our mail and we cannot print it out. TDCJ rules on Digital Mail say that if a document requires an inmate’s signature it is supposed to be sent to the unit’s Law Library. I doubt that they will give it to us if it is not legal work though. They would not allow applications from transition houses in until recently “Forgiven Felons” got permission to send theirs in.

MIM(Prisons) adds: The digital mail is making it harder for us to even track censorship by not allowing prisoners to fill out and return forms, not to mention blocking opportunities for support upon release!, or receive notices from the institution as described below.


A comrade at Ferguson Unit reported: When you sent the ULK 82 & 83 bulk mailings they initially denied them entry, without giving me notice. They don’t even send such institutional forms like that via regular mail, it went electronic and i don’t have a tablet since September so i didn’t even know until early December when i finally got them to budge and print out the electronic mail. This mail shit is absolutely showcasing the inadequacy of these state actors and the exploitative corporations (Securus/JPay).


Warriors in White, a non-profit org supporting restorative justice wrote: Our newsletter was blanket-banned across the entire TDCJ system due to a change in mail policy, which required all mail to be sent to a central mail processing facility. This new policy was approved on 23 June 2023 but not updated in unit law libraries until 4 August 2023. No reason has been provided. At the end of October 2023, we received clearance and approval to again distribute the newsletter. But again, no reason for denial, and no notification for denials and newsletters returned has ever been provided.

Secondly, all TDCJ residents now rely on Securus tablets to receive mail. As of the end of October 2023, most are still receiving mail postmarked throughout August into the first week of September 2023. TDCJ policy clearly states all mail is to be processed within 72 hours (3 days), through the mail processing facility.

According to the TDCJ Mail System Coordinator, there is a staff shortage at the facility. Additionally, MSC has claimed they were unprepared for the amount of mail received at the new facility. This is quite hard to believe, when the TDCJ, in decades past, has logged every single piece of mail through its system both on computer and in paper log books.

According to the TDCJ Ombudsman, all mail is being processed within the 3 day limit and there are no staff shortages at the mail processing facility. According to Securus, they are unaware of any mail processing problems, and that “all mail is processed within 5 days unless it includes photos or pictures, in which case it may take a little longer.”

Further, the TDCJ is clamping down on peer-to-peer legal assistance. If you have a Securus tablet which receives programming from the Freedom Radio Legal Show on 106.5 The Tank, that info has been banned from the tablet due to overwhelming listener response. While gratefully received, TDCJ will no longer accept requests, etc. addressed to the legal show, one of a long list of new restrictions. So if you sent a newsletter request to Freedom Radio for a Warriors In White newsletter subscription, the Polunsky Unit mailroom has been destroying all requests since the beginning of June 2023 to the present. If you know someone who applied for the newsletter please resend your request to WIW-DOM PO Box 301, Huntsville, TX 77342. Please do not send legal questions to the PO Box as we are not ready for those yet.

chain
[Digital Mail] [Legal] [California] [ULK Issue 81]
expand

New Lawsuit Against San Mateo County's Prison Mail Surveillance System

electronic frontier foundation prisoner censorship art

The Bay Area is the latest site of Our all out legal war against digital-mail prison profiteer Smart Communications. San Mateo County, located on the peninsula between San Francisco and San Jose, instituted the MailGuard system used by Florida-based Smart Communications in late 2021 in its county jail. The county had the second lawsuit to date brought against it for its use of the system. The first was filed last fall, which alleged (validly I’m sure) exposure of private communications between attorneys and their clients to correctional guards.

The new lawsuit filed last week by an extremely influential legal coalition including the Electronic Frontier Foundation, Social Justice Legal Foundation and Columbia University’s Knight First Amendment Institute aims to get a judge to declare the mail system has violated its subjects’ First and Fourth Amendment rights. Ultimately the aim is to order the county to stop using it and purge all retained electronic mail records. Record requests by San Jose-based civil rights group Silicon Valley De-Bug have shown scanned mail is retained and able to be accessed by jail staff for seven years according to the contract, even after a persyn has been released from jail.

The Electronic Frontier Foundation (EFF) is an exciting addition to the legal team involved in the assault on this totalitarian surveillance system. Formed in 1990 by John Gilmore, John Perry Barlow and Mitch Kapor, this international non-profit digital rights group based in San Francisco, CA got its original financial backing from Mitch Kapor and Apple co-founder Steve Wozniak. The EFF has handled (and won) many high profile cases against companies like Google and Facebook, but its most famous case (its first, that also led to its creation) preserved forever in historical hacker lore, happened in early 1990 against the U.$. Secret Service for its illegal raid/search and seizure operation of Steve Jackson Games. This was one case of many happening at the time across the United $tates against alleged hackers spurred along by a state and federal task force code-named Operation Sundevil.

Steve Jackson Games was raided due to complete incompetence by Secret Service personnel who thought a handbook for a role-playing game by Steve Jackson Games called “GURPS Cyberpunk” was actually a handbook for computer crime, sort of a hacker’s version of the Anarchist’s Cookbook. The winning of this case started EFF’s promotion and defense of computer and Internet-related civil liberties.

While the case against San Mateo County’s use of Smart Communications mail system has not been decided yet, We the imprisoned lumpen can only hope that the plaintiffs which number 5 prisoners at San Mateo County Jail, several family members, and Oakland-based artists collective ABO Comix, pass up on any instantly gratifying concessions offered in settlement like what happened in the Ashker settlement in the aftermath of the California Hunger Strikes and see this lawsuit through to its glorious conclusion.


MIM(Prisons) adds: We have published a series of articles in recent years addressing this new trend in complicated digital mail systems that just make communications with the outside world more difficult and more censored. Across the board the main reason given for these systems is to prevent drugs from entering prisons. A recent report from a comrade in Hughes Unit in Texas on the continued rise in fentanyl deaths from K-2 brought in by staff reiterates the hypocrisy of this claim. Meanwhile Hughes Unit remains one of the biggest censors of mail from MIM Distributors in the state of Texas.

We appreciate the focus of these organizations on the importance of connection to family and community and welcome them in the battle against Smart Communications, JPay and other digital mail vendors profiting off of prisoners and their families while imposing a surveillance state on all of us.

chain
[Political Repression] [Florida State Prison] [Florida] [ULK Issue 80]
expand

JPay Mishandling Mail in Florida Isolation Units

Prisoner(s) housed at FSP (Florida State Prison) on C.M.-I & II (Close Management) status are being used by FDOC/FSP and JPay as means of robbing our family(s) and friend(s), thus inflicting punishment beyond court ordered separation from society as sole and significant punishment for crime.

In 2021, the Florida Department of Corrections (FDOC) installed new private contracted prison mail system services mandating that all routine mail to prisoner(s) be addressed to Tampa, Florida office to be processed, i.e., scanned for verbal contraband and forwarded via JPay email system service to mail room of intended institution, to then be printed out and delivered to intended prisoner(s). However, such service is not being consistently and timely provided, except only when and where convenient to and for FSP administration, STG (Security Threat Group) personnel and mail room, all in punishment for prisoner(s) being on C.M. status.

  1. Inconsistency and untimeliness in mail delivery to prisoner(s)
  1. Prisoner(s) are not receiving all incoming routing mail and email in timely and consistent manner. Mail is being intentionally delayed, withheld for weeks, in some cases, months after the post mark, constituting violation of mail rule. CH. 33-210.101(6) F.A.C, which clearly states, “Incoming and outgoing routine mail shall be processed within 72 hours, except for inmates in certain housing assignments identified in paragraph (7) below, which pertinently states:”(7) inmates, that as of a result of housing designation or status are not permitted to access kiosk, kiosk services, or tablet services as provided for in Rule. 33-601.900 F.A.C, will have their scanned mail printed and delivered at no cost to the inmate.”
  1. Lack of notification
  1. Prisoner(s) incoming routine mail is being sent back, withheld or thrown away by Tampa private mail contractor office, without issuing notice of any kind to prisoner(s) or sender(s).
  1. Effect on prisoner(s)/loved-one(s) relationship structure and rehabilitation process
  1. Incoming mail being received by FSP mail room via JPay mail system service is not being consistently and/or timely printed out and delivered to intended prisoner(s).
  2. Prisoner(s) have no way of knowing that mail had been sent to them until informed by sender(s), either through argument or worrisome inquiry as to why prisoner(s) are not responding to mail, causing sender(s) to feel ignored.
  3. Prisoner(s) are kept unaware of undelivered, deprived mail, while sender(s) are unaware of fact that prisoner(s) are not responding, not because they don’t want to, but because prisoner(s) are not receiving all mail being sent to them, because;
  4. FSP mail room, and administration are literally and intentionally playing games (not printing and delivering all prisoner(s) incoming mail) resulting in relationship structure conflicts, leading to prisoner(s)/loved-one(s) alienation and isolation.
  1. Objective investigation, review of kiosk of kiosk inbox
  1. Objective review of each FSP, C.M.-I & II status prisoners’ Jpay kiosk account inbox will clearly confirm the truth in this matter, by revealing the scores of undelivered emails and photos, sent to prisoner(s), but never printed out and delivered, as is prescribed by Rule. 33-210.101 (7) F.A.C
  2. Prisoner(s) or their family(s) and friend(s), due to being ignorant of this denied service (robbery) are not realizing that prisoner(s) are being held semi-incommunicado, as punishment for being on administrative segregation (C.M.) status, which is not D.C. (Disciplinary Confinement) status, in fact prisoner(s) on D.C. status, are allowed more privileges than C.M., i.e., non-D.C. status prisoner(s), and this is all intentional.
  1. Conflict in FDOC/FSP Jpay Kios/Tablet Policy
  1. Rule. CH. 33-602.900 (4)(C)3 F.A.C and CH.33-602.900(5)(d)3 F.A.C, which governs Jpay kiosk and tablet clearly states that: “Prisoners on C.M. status are allowed access to JPay kiosk, kiosk services, tablet and tablet services,” stands in polar contrast with CH.33-601.800(11)(b)7 F.A.C and CH.33-601.800(11)8.(c)5. F.A.C, which governs C.M., clearly states the opposite, that “C.M.-I & II status” prisoners (respectively) are not allowed access to kiosk, kiosk services, tablet and/or tablet services.” (to keep prisoners from becoming aware of the scores of emails, letters, and photos listed in their (prisoner(s) inbox, but are not being printed out and delivered to them) while;
  2. C.M.-III status prisoners are allowed access to JPay kiosk, kiosk services, tablets and tablet services, constituting not only administrative disparity in treatment and discrimination against C.M.-I & II status prisoners, but FSP administrative use of JPay email system services as a means of or device of authoritarian intimidation, punishment and control.
  1. Robbery: Family(s)/Friend(s) of Prisoner(s) not receiving JPay services they are paying for.
  1. Family(s)/friend(s) of prisoner(s) purchase digital postage stamps for a promise that their emails to loved-ones in prison will be delivered without hindrance, a service paid for, which is not being delivered/received, due to their sent emails not being printed out and delivered consistently to their prisoner-loved-ones, being punished solely for being on C.M. status.
  2. Hundreds of FSP (all C.M.-I & II status) prisoners are not receiving letters and/or photos sent to them via JPay email system service. Thus, family(s)/friend(s) of prisoner(s) are being bilked, literally robbed for their hard earned money by JPay and FDOC via FSP mail room, STG and administration, constituting the bilking of unknown amounts of money once all prisoners and undelivered emails are tallied up and combined. The results is robbery and false advertising.
  1. Nonexistent FDOC/FSP Grievance Process
  1. Many grievances regarding all issues mentioned above have been repeatedly submitted at every level in the grievance process and are being biasedly rubber stamped “DENIED” or not returning or responded to, or plain and simple being thrown in the trash. FDOC secretary office is very well aware of this fact, but is refusing to intervene or rectify the situation trashing of prisoner(s) grievances. See formal grievance, log #22-6-27139.
  1. Remedy
  1. That FDOC Tampa private contracted mail service provide written notice for impounded or withheld incoming routine mail being withheld for STG surveillance or being returned to sender(s).
  2. That FDOC/FSP kiosk and tablet policy be rectified to uniformity.
  3. That FSP mail room print out and deliver all digital mail, letters/photos entering its system, to intended prisoner(s) in timely and consistent manner, thereby ensuring;
  4. That all Jpay email service and routine mail service paid for by family(s) and friend(s) of prisoner(s) be received without hindrance, i.e., end the bilking/robbery of prisoner(s) family(s) and friend(s) via use of prisoner(s), resulting in incalculable amounts of money being stolen.
  5. That all money for all undelivered emails, letters and/or photos be reimbursed, given back to family(s) and friend(s) if prisoner(s).

Respectfully submitted

P.S. Concerns regarding this issue can be addressed to the:
Better Business Bureau,
JPay Company headquarters,
FDOC, Lauren.Sanchez@fdc.myflorida.com
(830)717-3605

Stop The JPay Bilking


UPDATE:

A few weeks after MIM(Prisons) received a copy of the above complaint we received an update:

“Florida Department of Cruelty has finally rectified ch.33-601.800 (dealing with JPay kiosk and tablets on C.M.: Close Management) to be in uniformity with ch.33-602.900 (which deals with Jpay kiosk and tablet). As of 6 October 2022, every prisoner is allowed access to kiosk and tablets. This was not done out of altruism. However, I believe JPay threw a rod regarding the amount of money their being denied via the thousands of prisoners being denied their service or should I say bilking. I won’t even front with a tablet, I won’t need anyone to transcribe my thoughts and I can get my thoughts out to be published allowing me to raise funds for appealing my criminal case while enlightening others in the bigger cage.”

It remains to be seen how the resolution of this conflict will affect all of the complaint outlined above. But we can say that Under Lock & Key continues to be denied to the majority of prisoners in the Florida DOC, as do publications like our Revolutionary 12 Step Program, which are tools intended to help people rehabilitate and reintegrate into society and to serve their community upon doing so. As the comrade above notes, there is clear bias, both politically and nationally, as far as what communications are allowed in Florida and in most of the prisons across this country.

chain
[Police Brutality] [Drugs] [Abuse] [Pasquotank Correctional Institution] [Granville Correctional Institution] [North Carolina] [ULK Issue 77]
expand

Will prisoners' iPads feature apps that record police brutality?

Today at Polk Correction Institution the prep-team beat a young man in full restraints named Mr. Fox as he screamed for help during a shake-down: video surveillance was not provided.

15 March 2021, a few weeks before the killing of Andrew Brown by Pasquotank Sheriff’s Department, I was maced, tased, beat, and nearly killed by almost 20 Pasquotank C.O.s. The beating occurred in 6 different locations in the building including 3 elevators. I received several life lasting injuries to the head, face, and mouth from being punched and kicked over a hundred times while laying flat on the ground on my stomach and/or side. A chunk of meat was ripped out of my shoulder from being dragged over 50 ft. I was choked while beaten til they thought and asked one another if I was dead.

Another official cut my thumb with a switch blade and I received several other injuries that medical refused to treat or document. The officers said, “they’ll be back to beat me every chance they get and that I better not eat.”

I was emergency shipped, and 3 hours later pictures were taken of my injuries when I arrived at Polk Correctional Institution (High-Risk-Security).

Pasquotank Prison Officials deny to have ever touched me and claim their innocence while not even bothering to explain how my injuries were sustained. The disciplinary officer found that the video footage of the incident had been tampered with and cut-short.

18 October 2021, all mail for North Carolina prisoners will be received at TextBehind in Phoenix, MD with long time promises of iPads in the future. Should department of public safety provide proper video surveillance for safety before iPads for profit and entertainment? Surveillance is critical to maintain and monitor unwanted violence.

Relief in the claim I’ve filed against Pasquotank Correctional Institution include that the courts enforce a policy with an injunction ordering hand-held cameras be used when escorting offenders or using force in blind spots.

Unfortunately, body-cams in prison make it harder for guards to smuggle contraband or have relations which would decrease the rate of violence from drug related issues allowing more prisoners to focus on rehabilitation and money management.

With this we would ask for higher pay rates to support our families and conjugal visits for married couples.

Prayers out for the family of Andrew Brown and the victims of police brutality.

For a full report of Pasquotank Prison Incident, see: “Two Letters From North Carolina Prisons Make the Same Demands 45 Years Apart.


MIM(Prisons) adds: In the last issue of Under Lock & Key one of our comrades addressed the use of tablets to pacify and surveil the oppressed in A Strategic Objective to Disrupt and Surveil the Communication Between Prisoners and Our Loved Ones. The article above connects this to the many campaigns prisoners have waged to get cameras in prisons so that there is documentation of the regular abuse and illegal happenings that go on inside.

In 2014, comrades in North Carolina won a lawsuit to [require staff of NCPDS to record with video cameras any use of force incidents]((https://www.prisoncensorship.info/article/north-carolina-prisoners-preliminary-victory-on-use-of-force-lawsuit/). This suit however, left it up to the pigs to determine when cameras need to be used. As AK47 asks, if the state is to invest more money in technology, shouldn’t it be on this important task of preventing physical abuse and drug trafficking, both of which leads to the loss of humyn lives?

We can also take lessons from the implementation of universal cameras, including audio recording, in California which brought up concerns of excessive monitoring of prisoners, including in counseling and rehabilitation programs. Just last year, another lawsuit in California brought a federal court order requiring body cameras in Richard J. Donovan Correctional Facility in California, resulting in passive protests from staff in the form of not running programs for prisoners.

Modern surveillance and communication technology can be used for good and for bad, for the interests of the oppressed or the interests of the oppressor. The interests of the oppressed lie in holding the state accountable for the rampant abuse and drug dealing its employees commit every day, while being able to maintain connections to society, engaging in rehabilitation programs where they can speak freely and openly. The interests of the state lie in pacifying the population with pop culture media and surveilling the communication of those who cannot be pacified.

chain
[Censorship] [Security] [Civil Liberties] [Economics] [Virginia] [ULK Issue 76]
expand

A Strategic Objective to Disrupt and Surveil the Communication Between Prisoners and Our Loved Ones

When I first came to prison in 1995, there were hardly any for-profit corporations doing business inside Virginia prisons. Almost all services including medical care, dental care and the commissary were provided by the state. This began to change in the late 1990s and early 2000s, with the introduction of corporations like Prison Health Services to provide substandard prison health care and keep the commissary filled with high priced commissary items. Prisoners’ communication would also be outsourced to JPay, another for-profit company.

The Virginia Department of Corrections administration implemented a series of policies to manipulate us and our loved ones into accepting JPay as our only method of communication. On 6 August 2013, A. David Robertson, the Chief of Corrections and Operations, issued memorandum #073-2013, advising the prisoner class that effective 1 October 2013, our loved ones can no longer send us money orders through the postal mail and that they can only send us money through JPay, which requires our family to pay exorbitant transaction fees. If money orders were received in the mail after that day they were returned to sender.

On 7 May 2014, Robertson issued another memorandum, #033-214, advising the prisoner class that effective 1 July 2014, we can no longer receive more than 5 photographs through the mail. If a letter arrived at the prison containing more than 5 photographs, the entire letter including the 5 photos were returned to sender. This may seem small, but again this was subtle manipulation for acceptance of what was to come.

Perhaps the Virginia Department of Corrections most draconian policy implementation was detailed in a 13 March 2017 memorandum issued by the then warden of Sussex State Prison. In this memo we were advised that effective 17 April 2017,

“all incoming general correspondence, that is U.S. postal mail, will be photocopied at a maximum of three black and white photocopied pages front and back will be provided to the offender. The original envelope, letter and all enclosed documents will be shredded in the institutional mailroom. The entire correspondence and all enclosed items, including photographs, greeting cards, newspaper articles, etc. that exceed the established photocopy or size limit will be returned to sender.”

What this memo did not mention is that during the process of copying and scanning incoming postal letters from our loved ones, a digital copy of the letter along with the name and address of the person who sent it is uploaded and cataloged in a massive database. This policy was implemented under the guise of preventing the flow of drugs into these prisons, however the real motivation for this policy is reflected in the following one-sentence reminder listed in this memo:

“Individuals will still be permitted to send an offender secure messages, photographs and other attachments through the JPay system as it is currently authorized.”

Many prisoners and our loved ones view the amenity of exchanging emails with our loved ones as incredibly convenient. As a conscious prisoner I recognize that it also makes it easier for prison officials to censor and disrupt our communications and conduct surveillance and intelligence gathering on prisoners and those we communicate with. According to the Virginia Department of Corrections operating procedures 803.1, which governs offender correspondence and JPay emails inside all Virginia prisons, our incoming and outgoing correspondence is not supposed to be withheld for longer than 48 hours. However, our incoming and outgoing JPay emails are routinely withheld for several days or weeks at a time. Sometimes they are held for months at a time.

Operating procedure 803.1 prohibits prison officials from opening and reading our outgoing correspondence absent an approved mail cover from the warden, and reasonable suspicion that the correspondence violates state or federal law, or threatens the safety of the facility. However all incoming and outgoing JPay emails pass through a screening mechanism, whereby the prison’s mailroom staff and intelligence officers sit behind a computer monitor and read the personal and intimate words of prisoners and our loved ones, which, like our photocopied letters, are then cataloged and stored in a massive database.

Operating procedure 803.1 also prohibits the censorship of offender correspondence unless the censorship is based on legitimate facility interests of safety and security. However, JPay makes it easier for mailroom staff and intelligence officers to sit behind a computer monitor and with the click of a mouse block or censor the outgoing emails of prisoners complaining of prison conditions as well as incoming emails of loved ones containing information about the Black Panther Party and other progressive and revolutionary movements from the 1960s and 1970s.

The U.S. Supreme Court in Procunier v. Martinez (1974) ruled that:

“Communications by letter is not accomplished by the act of writing words on paper. Rather it is effected only when the letter is read by the addressee. Both parties to the correspondence have an interest in securing that result. As such, censorship of the communication between them necessarily impinges on the interests of each.”

This U.S. Supreme Court ruling and prison policies of surveillance and censorship listed above reveals that the fascist and repressive nature of prisons extend beyond these prison walls and adversely impacts those of you in the community. This should give human and civil rights activists, including our loved ones, additional motivation to work in solidarity with incarcerated freedom fighters to challenge these Constitutional violations via civil litigation.

Ultimately, what we need to do is develop a collective inside/outside analysis and strategy to dismantle the U.S. imperialist prison system.

All Power to the People!

chain
[Censorship] [Civil Liberties] [North Carolina] [Wisconsin] [ULK Issue 76]
expand

Letters to NC Prisoners Denied by TextBehind

The state is tightening its control on free communication and association in prisons across the country by imposing digital monitoring systems, and in some cases banning hard copies of mail.

The North Carolina Department of Public Safety has begun using a company called TextBehind to handle their mail and push people towards their digital communications platform. This allows the company to extort people to pay whatever prices they want just to send their loved ones a message, while the state gets to monitor every word.

MIM Distributors began sending mail to TextBehind last month only to have it returned unopened. It turns out TextBehind does not process letters from organizations, only from individuals. As an organization we would be required to set up a corporate account with non-public pricing schemes. In other words, as a member of MIM(Prisons) I cannot just put a stamp on an envelope and drop it in the mail for a comrade in NCDPS custody anymore. This is a blatant violation of our First Amendment rights to speech and association. At this time it appears that newsletters and books are still allowed through the prisons, but we will not be able to correspond with you directly, send you study guides or other information persynalized to you if you are being held by NCPDS.

UPDATE: We just had a package of ULKs returned to us from Roanoke River Correctional Institution saying, “This facility DOES NOT accept friend and family mail directly” and that we must send mail to TextBehind. But TextBehind does not accept publications, only letters that can be scanned. So it seems mail to NCDPS is being blocked on all fronts.

Pigs Bring in Drugs, While Prisoners Mail Suffers

related news from a Wisconsin prisoner:

First thing first, I am still in Wisconsin. They are making all of us have our families and comrades send personal letters and photos to the Phoenix, Maryland PO Box (189) to inspect them for drugs such as K2, even though drugs, cell phones and other contraband items come from the fascist pigs that work in these imperialist gulags. Newspapers, books, publications are still to be sent here.

chain
Go to Page 1 [2]
Index of Articles