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Oakland Law Mandates 'Technology Impact Reports' By Local Government Agencies Before Purchasing Surveillance Equipment

Popular tools used by law enforcement include stingrays, fake cellular phone towers, and automated license plate readers (ALPRs) to track the movements of persons. Historically, the technologies have often been deployed without notice to track both the bad guys (e.g., criminals and suspects) and innocent citizens.

To better balance the privacy needs of citizens versus the surveillance needs of law enforcement, some areas are implementing new laws. The East Bay Times reported about a new law in Oakland:

"... introduced at Tuesday’s city council meeting, creates a public approval process for surveillance technologies used by the city. The rules also lay a groundwork for the City Council to decide whether the benefits of using the technology outweigh the cost to people’s privacy. Berkeley and Davis have passed similar ordinances this year.

However, Oakland’s ordinance is unlike any other in the nation in that it requires any city department that wants to purchase or use the surveillance technology to submit a "technology impact report" to the city’s Privacy Advisory Commission, creating a “standardized public format” for technologies to be evaluated and approved... city departments must also submit a “surveillance use policy” to the Privacy Advisory Commission for consideration. The approved policy must be adopted by the City Council before the equipment is to be used..."

Reportedly, the city council will review the ordinance a second time before final passage.

The Northern California chapter of the American Civil Liberties Union (ACLU) discussed the problem, the need for transparency, and legislative actions:

"Public safety in the digital era must include transparency and accountability... the ACLU of California and a diverse coalition of civil rights and civil liberties groups support SB 1186, a bill that helps restores power at the local level and makes sure local voices are heard... the use of surveillance technology harms all Californians and disparately harms people of color, immigrants, and political activists... The Oakland Police Department concentrated their use of license plate readers in low income and minority neighborhoods... Across the state, residents are fighting to take back ownership of their neighborhoods... Earlier this year, Alameda, Culver City, and San Pablo rejected license plate reader proposals after hearing about the Immigration & Customs Enforcement (ICE) data [sharing] deal. Communities are enacting ordinances that require transparency, oversight, and accountability for all surveillance technologies. In 2016, Santa Clara County, California passed a groundbreaking ordinance that has been used to scrutinize multiple surveillance technologies in the past year... SB 1186 helps enhance public safety by safeguarding local power and ensuring transparency, accountability... SB 1186 covers the broad array of surveillance technologies used by police, including drones, social media surveillance software, and automated license plate readers. The bill also anticipates – and covers – AI-powered predictive policing systems on the rise today... Without oversight, the sensitive information collected by local governments about our private lives feeds databases that are ripe for abuse by the federal government. This is not a hypothetical threat – earlier this year, ICE announced it had obtained access to a nationwide database of location information collected using license plate readers – potentially sweeping in the 100+ California communities that use this technology. Many residents may not be aware their localities also share their information with fusion centers, federal-state intelligence warehouses that collect and disseminate surveillance data from all levels of government.

Statewide legislation can build on the nationwide Community Control Over Police Surveillance (CCOPS) movement, a reform effort spearheaded by 17 organizations, including the ACLU, that puts local residents and elected officials in charge of decisions about surveillance technology. If passed in its current form, SB 1186 would help protect Californians from intrusive, discriminatory, and unaccountable deployment of law enforcement surveillance technology."

Is there similar legislation in your state?

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