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Baltimore Police Often Surveil Cellphones Amid US Secrecy

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This undated handout photo provided by the U.S. Patent and Trademark Office shows the StingRay II, manufactured by Harris Corporation, of Melbourne, Fla., a cellular site simulator used for surveillance purposes. A police officer testified Wednesday, April 8, 2015, that the Baltimore Police Department has used Hailstorm, a upgraded version of the StringRay surveillance device, 4,300 times and believes it is under orders by the U.S. government to withhold evidence from criminal trials and ignore subpoenas in cases where the device is used. (AP Photo/U.S. Patent and Trademark Office)

This undated handout photo provided by the U.S. Patent and Trademark Office shows the StingRay II, manufactured by Harris Corporation, of Melbourne, Fla., a cellular site simulator used for surveillance purposes. A police officer testified Wednesday, April 8, 2015, that the Baltimore Police Department has used Hailstorm, a upgraded version of the StringRay surveillance device, 4,300 times and believes it is under orders by the U.S. government to withhold evidence from criminal trials and ignore subpoenas in cases where the device is used. (AP Photo/U.S. Patent and Trademark Office)

JACK GILLUM, Associated Press
JULIET LINDERMAN, Associated Press

BALTIMORE (AP) — The Baltimore Police Department has an agreement with the U.S. government to withhold certain information about secretive cellphone surveillance technology from the public and even the courts, according to a confidential agreement obtained by The Associated Press. On Wednesday, the department disclosed it has used the technology thousands of times since 2007.

The agreement between the police department and the Federal Bureau of Investigation also encourages the authorities and local prosecutors to sometimes dismiss cases instead of divulging details about the equipment. That arrangement, which was agreed to several years ago, has led police to believe that they can withhold evidence in criminal trials or ignore subpoenas in cases in which the devices are used.

The technology, using devices called Hailstorm or Stingray, can sweep up basic cellphone data from a neighborhood by tricking phones in the area that it’s a cell tower and identifying unique subscriber numbers. That data is then transmitted to the police, allowing them to locate a phone without the user even making a call or sending a text message.

The Baltimore police entered into an agreement with the Justice Department in 2011, which calls for the department to withhold information about the device in “press releases, court documents, during judicial hearings or during other public forums and proceedings.” The agreement states that the department must seek FBI approval before sharing any details with other law enforcement agencies.

The agreement also makes clear that neither the police department nor prosecutors are permitted to divulge information about the surveillance technology in court, and warns that if either agency suspects that a prosecutor is planning to provide information about the device in open court, it must “notify the FBI in order to allow sufficient time for the FBI to intervene to protect the equipment/technology and information from disclosure and potential compromise.”

The FBI’s agreement also says the agency can request the Baltimore police, in conjunction with local prosecutors, to seek dismissal of a case rather than “allowing others to use or provide” information about Harris Corp.’s surveillance technology if it would “potentially or actually” compromise the equipment.

In practice, Baltimore police officers are interpreting the nondisclosure agreement as instructing them to withhold evidence from the court, and ignore subpoenas relating to the technology.

Emmanuel Cabreja, a detective with the department’s advanced technical team, testified Wednesday in a carjacking and robbery case. In that case, Cabreja’s team used a Hailstorm to locate a stolen cellphone inside a group home where defendant Nicholas West was living. A juvenile was also charged in the case.

He said the department has deployed Hailstorm and similar technology roughly 4,300 times since 2007. Personally, Cabreja said he’d used it between 600-800 times in the past two years.

“Does (the document) instruct you to withhold evidence from the state’s attorney and the circuit court of Baltimore city, even if upon order to produce?” defense attorney Joshua Insley asked Cabreja.

“Yes,” he said. Cabreja also said he ignored a subpoena he received Tuesday to bring the device with him to court.

Police across the country have largely been kept silent on how they use the devices. Because documents about Stingrays and Hailstorms are regularly censored in public records requests by citizens and journalists, it’s not entirely clear what information the devices could capture — such as the contents of phone conversations and text messages, what they routinely capture based on how they’re configured, or how often they might be used.

Cabreja on Wednesday said the Hailstorm can identify phones from a 360-degree antenna from about a city block away in distance. He said no data, or content, is captured in the process; however he said the device detects the unique identification numbers assigned to cellphones that have the same service provider as the targeted phone within that radius.

“Given what (Cabreja) said about the technology involved, and the way a Hailstorm device connects to and ‘registers’ non-targeted cellphones, it’s likely that thousands of people in Baltimore have been unknowingly impacted by police cellphone surveillance,” defense attorney James Johnston told The Associated Press. Johnston represented the juvenile defendant in Wednesday’s case.

The FBI declined to answer questions about the case late Wednesday.

This is not the first case to inspire a push-pull between prosecutors, defense attorneys and judges about revealing details of the Baltimore Police Department’s use of the clandestine technology.

Baltimore Circuit Judge Barry Williams presided over an earlier trial in which the police apparently used a surveillance device to collect evidence on a robbery suspect. At a November 2014 hearing, Williams lost his patience with a state prosecutor after a police technician wouldn’t answer defense attorney’s questions about the device — citing the FBI nondisclosure agreement.

“You don’t have a nondisclosure agreement with the court,” Williams told police Det. John Haley, part of the department’s advanced technical team. “Answer the question.”

The prosecutors instead withdrew the evidence, avoiding the contempt citation and questions about the equipment’s use.

Two months earlier, Williams threw out evidence in yet another criminal case involving cellphone tracking after a police sergeant said there were unspecified “homeland security” issues when asked why the suspect was stopped.

“If it goes into homeland security issues, then the phone doesn’t come in,” Williams said, telling the prosecutor: “You can’t just stop someone and not give me a reason.”

This week, officials in upstate New York released documents about their Stingray use after a state judge ordered them to do so.

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Associated Press writer Eric Tucker in Washington contributed to this report.

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View the nondisclosure agreement: http://apne.ws/1NWnRXs

Follow on Twitter: Jack Gillum at https://twitter.com/jackgillum and Juliet Linderman at https://twitter.com/julietlinderman

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Commentary

Doctors Seeing More Cases of Preventable Childhood Illnesses

OAKLAND POST — Physicians have said vaccine skepticism has expanded beyond childhood immunizations. Doctors also reported growing resistance to other preventive treatments.

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By Stacy M. Brown

Doctors across the United States say they are treating children for illnesses that routine vaccinations once made increasingly uncommon, raising concerns that years of declining immunization rates are beginning to reverse decades of public health progress.

Pediatricians have described seeing more cases of whooping cough, rotavirus infections, bacterial pneumonia and other potentially life-threatening illnesses that vaccines have long helped suppress. Some physicians reported treating conditions they had rarely encountered during their careers, while others said that growing vaccine hesitancy is changing how emergency rooms and hospitals care for children.

The reports come as measles outbreaks continue to spread across multiple states and vaccination coverage remains below federal public health targets.

Johns Hopkins University’s International Vaccine Access Center reported 2,077 confirmed measles cases nationwide as of May 29. Researchers warned that outbreaks reported across the country have raised concerns about continued transmission, additional hospitalizations and deaths, and the possible loss of the nation’s measles elimination status.

Public health experts have long viewed measles as a warning sign because of its ability to spread rapidly through communities with lower vaccination coverage. The New York Times reported that physicians increasingly fear the resurgence of measles may be followed by the return of other vaccine-preventable diseases.

Doctors say that is already happening.

Dr. Meghan Hofto, a pediatric hospitalist at the University of Alabama at Birmingham, said she has already treated roughly as many children with rotavirus this year as she saw during the previous decade. Rotavirus once caused tens of thousands of hospitalizations annually before vaccines sharply reduced its spread. None of the children she treated this year had been vaccinated.

Hofto also described caring for infants with pertussis, commonly known as whooping cough.

“It’s hard to know when they’re safe to go home,” Hofto told The Times.

The rise in whooping cough cases has been particularly striking. More than 28,000 cases were reported nationwide last year, compared with approximately 7,000 in 2023, according to figures cited by The Times. Many of the affected infants were too young to receive vaccinations themselves and relied on broader community protection to reduce their exposure.

Other doctors described similarly troubling cases.

Dr. Jessica Kirk, a pediatric hospitalist in Alabama, recently treated an unvaccinated toddler hospitalized with pneumonia caused by simultaneous infections of Haemophilus influenzae and Streptococcus pneumoniae. Vaccines exist to protect against both illnesses. The child required oxygen and antibiotics to recover.

Researchers at Johns Hopkins have been tracking vaccination trends nationwide and found continuing signs of vulnerability.

At the same time, vaccine policy has become increasingly contentious in state legislatures.

Johns Hopkins researchers reported that lawmakers across the country continue to introduce bills affecting childhood vaccination requirements, vaccine access and non-medical exemptions. Researchers also noted that state policies governing exemptions remain a significant factor in vaccination coverage and disease transmission risks.

Physicians have said vaccine skepticism has expanded beyond childhood immunizations. Doctors also reported growing resistance to other preventive treatments.

For doctors confronting the return of illnesses that vaccines once pushed to the margins of American medicine, the challenge is becoming increasingly personal.

“It just feels like you’re a tiny little boat with a giant tidal wave coming at you,” Dr. Erin Charles, a regional pediatric hospitalist at Seattle Children’s Hospital, told reporters. “And you might convince one family here and there.”

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Bay Area

How Is AI Affecting California? The State Wants You to Share Your Story

The program marks the first time the state has opened the platform to all Californians. State officials said the effort is designed to give residents a direct role in discussions about how AI should be regulated and used as the technology rapidly expands across industries.

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By Bo Tefu, California Black Media  

Gov. Gavin Newsom announced May 7 that California is expanding its Engaged California digital democracy initiative statewide, inviting residents to help shape future state policies on artificial intelligence (AI) and its impact on jobs and the economy.

The program marks the first time the state has opened the platform to all Californians. State officials said the effort is designed to give residents a direct role in discussions about how AI should be regulated and used as the technology rapidly expands across industries.

“We’ve got to be clear-eyed about this moment: AI is moving fast, bringing enormous opportunity, but also real risks,” Newsom said in a statement. “Californians deserve a seat at the table as we shape what’s to come.”

The initiative will roll out in two phases. Beginning immediately, Californians can sign up online to share how AI is affecting their work and communities and provide ideas for possible government action. Later this summer, a smaller group reflecting the state’s workforce demographics will participate in live discussions focused on developing policy recommendations.

State officials said the goal is to identify areas of agreement among Californians and provide policymakers with public feedback as the state develops future AI regulations and workforce strategies.

Engaged California is modeled after digital democracy programs used in Taiwan and is intended to encourage structured public discussion rather than social media-style debate. Officials described the effort as a form of “deliberative democracy” aimed at helping residents engage directly in state decision-making.

“The more Californians are engaged in the democratic process, the better able we’ll be to confront the challenges we face together,” said Nick Maduros, California Secretary of Government Operations, in a statement.

The statewide launch builds on two earlier pilot programs. One pilot gathered public input following the Los Angeles firestorms to help guide recovery efforts, while another collected ideas from state employees about improving government operations.

California has positioned itself as a national leader in AI policy and development. Since 2023, the Newsom administration has introduced initiatives focused on responsible AI use in government, cybersecurity protections, workforce training and regulations targeting risks such as deepfakes and AI-generated robocalls.

The state has also partnered with companies in Silicon Valley — including NVIDIA, Google, Adobe, IBM and Microsoft — to expand AI education and workforce training programs across California schools and universities.

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Activism

OP-ED: AB 1349 Puts Corporate Power Over Community

Since Ticketmaster and Live Nation merged in 2010, ticket prices have jumped more than 150 percent. Activities that once fit a family’s budget now take significant disposable income that most working families simply don’t have. The problem is compounded by a system that has tilted access toward the wealthy and white-collar workers. If you have a fancy credit card, you get “presale access,” and if you work in an office instead of a warehouse, you might be able to wait in an online queue to buy a ticket. Access now means privilege.

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Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland
Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland

By Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland

As a pastor, I believe in the power that a sense of community can have on improving people’s lives. Live events are one of the few places where people from different backgrounds and ages can share the same space and experience – where construction workers sit next to lawyers at a concert, and teenagers enjoy a basketball game with their grandparents. Yet, over the past decade, I’ve witnessed these experiences – the concerts, games, and cultural events where we gather – become increasingly unaffordable, and it is a shame.

These moments of connection matter as they form part of the fabric that holds communities together. But that fabric is fraying because of Ticketmaster/Live Nation’s unchecked control over access to live events. Unfortunately, AB 1349 would only further entrench their corporate power over our spaces.

Since Ticketmaster and Live Nation merged in 2010, ticket prices have jumped more than 150 percent. Activities that once fit a family’s budget now take significant disposable income that most working families simply don’t have. The problem is compounded by a system that has tilted access toward the wealthy and white-collar workers. If you have a fancy credit card, you get “presale access,” and if you work in an office instead of a warehouse, you might be able to wait in an online queue to buy a ticket. Access now means privilege.

Power over live events is concentrated in a single corporate entity, and this regime operates without transparency or accountability – much like a dictator. Ticketmaster controls 80 percent of first-sale tickets and nearly a third of resale tickets, but they still want more. More power, more control for Ticketmaster means higher prices and less access for consumers. It’s the agenda they are pushing nationally, with the help of former Trump political operatives, who are quietly trying to undo the antitrust lawsuit launched against Ticketmaster/Live Nation under President Biden’s DOJ.

That’s why I’m deeply concerned about AB 1349 in its current form. Rather than reining in Ticketmaster’s power, the bill risks strengthening it, aligning with Trump. AB 1349 gives Ticketmaster the ability to control a consumer’s ticket forever by granting Ticketmaster’s regime new powers in state law to prevent consumers from reselling or giving away their tickets. It also creates new pathways for Ticketmaster to discriminate and retaliate against consumers who choose to shop around for the best service and fees on resale platforms that aren’t yet controlled by Ticketmaster. These provisions are anti-consumer and anti-democratic.

California has an opportunity to stand with consumers, to demand transparency, and to restore genuine competition in this industry. But that requires legislation developed with input from the community and faith leaders, not proposals backed by the very company causing the harm.

Will our laws reflect fairness, inclusion, and accountability? Or will we let corporate interests tighten their grip on spaces that should belong to everyone? I, for one, support the former and encourage the California Legislature to reject AB 1349 outright or amend it to remove any provisions that expand Ticketmaster’s control. I also urge community members to contact their representatives and advocate for accessible, inclusive live events for all Californians. Let’s work together to ensure these gathering spaces remain open and welcoming to everyone, regardless of income or background.

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