Under Lock & Key

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.}

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:

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:

• Prisoners are NOT allowed to correspond with Plaintiff. ALL other INDIVIDUALS may write to Plaintiff using the name, #, and Unit, with:

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.

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.

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.