A police radio transmission went silent in Aurora, Colorado, in 2016, and then in Denver, Colorado, in 2019. Many journalists are used to using newsroom scanners to monitor police radio communications to identify any newsworthy events as soon as they happen. Still, suddenly they were cut off from critical updates about events that threatened public safety and interfered with their ability to produce timely and accurate reports.
There were three years of failed legislation before the Colorado legislature agreed in 2021 to enact statutory language that addressed a trend among Colorado's law enforcement agencies to fully encrypt their radio communications following three years of failed legislation.
It has been reported by the Colorado Freedom of Information Coalition that by May 2021, a considerable number of law enforcement agencies across the state have encrypted their radio transmissions, and this will lead to increased security.
According to the Colorado Criminal Justice Records Act, journalists have a right to request police radio transmissions, but they may have their records withheld or redacted for legal reasons.
The provisions that were incorporated into the law on police accountability required agencies to set up a “communications access policy” for local news media outlets that would enable them to listen to primary dispatch channels on commercially available radio receivers, scanners, or other technologies that would be feasible.
Despite the passing of House Bill 21-1250 in 2017, journalists still cannot listen to Denver and Aurora police radio transmissions like they used to do before both agencies blocked public access to their broadcasts - Denver in 2019, and Aurora three years earlier. Even though both departments have outlined their radio access policies in writing, neither department has been able to agree with any news organizations in the Denver metro area.
In the same manner as law enforcement, broadcasters play an important role in protecting the public because they can quickly communicate vital information to a large audience. A spokesperson for the Colorado Broadcasters Association, Justin Sasso, told the Colorado Times in an interview that broadcasters have used law enforcement radio communication systems for years efficiently.
According to advocates of press freedom, this explosion of encryption can be attributed to the increased scrutiny and demand for police accountability sparked by the Black Lives Matter (BLM) movement of 2020, which led to the publication of the first report on cryptography in 2021.
The BLM protests in 2020 laid the groundwork for the implementation of encryption protocols for routine police communications throughout the country, following the Citizen Scanner Monitoring Project, which allowed citizens to document racist remarks made by law enforcement over radio frequencies.
According to police communications, the intent throughout the entire BLM uprising in 2020 was to be as violent as possible throughout the protests.
There is a desire on the part of the company to hide these communications now so that future lawsuits will not occur. "There is no other justification for what is happening," Williams stated emphatically.
It has been reported that law enforcement agencies around the nation are increasingly moving toward encrypted radio transmissions in a bid to protect the privacy of their officers and the public.
A bill has been introduced in the Colorado state legislature to ensure public access to information by upholding the third amendment.
As part of Colorado’s HB 21-1250 law, which was passed in 2021, governmental entities that use radio encryption must draft journalist access policies with the assistance of media outlets in Colorado. Even so, no Colorado law enforcement agency has yet to draft a “communications access policy” that complies with Colorado’s law due to the lack of enforcement measures.
Colorado Freedom of Information Coalition learned in May that, while Art Acevedo was serving as interim chief of the Aurora Police Department, the Aurora Police Department was considering restoring a public feed of radio broadcasts via the Broadcastify mobile app with a 10-minute delay - as long as the app ran on a smartphone.
He said that Broadcastify does not currently provide a way to protect sensitive information about witnesses and victims that are being transmitted over radio platforms to the general public, such as names and addresses.
In 2023, legislation was enacted mandating the deletion of all names and identifying information of juvenile victims and witnesses from police and court records. This legislative change significantly altered the landscape of law enforcement transparency.
One of the most notable changes introduced by the bill is the acceleration of the effective date for the release of body-worn and dashboard camera footage requirements, which was initially set for July 1, 2023.
According to the new provisions, the footage-release requirement will take effect upon the governor's signature. The legislation stipulates that unedited video and audio recordings of incidents involving complaints of peace officer misconduct must be released within 21 days after a request for the recordings. Alternatively, if the release of the footage would substantially interfere with or jeopardize an active or ongoing investigation, the release could be delayed up to 45 days from the date of the allegation of misconduct.
Until these body-camera provisions become effective, law enforcement agencies retain the discretion provided by the Colorado Criminal Justice Records Act to delay the release of footage or to disclose only certain portions of the recordings.
House Bill 21-1250 also includes a provision that prohibits law enforcement departments from retaliating against whistleblowing officers. These protections apply to officers who disclose information about dangers to public health or safety or violations of law or policy committed by another officer.
The bill passed the House with a 39-24 vote on Wednesday and is now proceeding to the Senate. Free press advocates argue that increased police transparency is essential. However, the auditor’s clause present in Denver’s decryption license and media access policy effectively prevents the press from signing the media access agreement, conflicting with the intent of HB 21-1250. As free press advocates consider returning to the Colorado legislature to strengthen the bill, abolitionists maintain that while transparency is necessary, it alone is insufficient to eliminate police violence.
