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OP-ED: Reining in and Raining on the Surveillance State

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By JP Massar

 

Groundbreaking legislation that will put limits upon the local surveillance state is up for consideration in the Bay Area these next few months. With a new administration being handed the vast resource of existing Federal surveillance capabilities, it is more crucial than ever that localities understand what their police are doing in this regard and take measures to protect the civil liberties of the people.

 

On January 24th, the Oakland City Council Public Safety Committee had before it a ‘use and privacy policy’ (tinyurl.com/hw2t7ez) for Cell Site Simulators (aka Stingrays) – devices which can track your cellphone and, if configured to do so, snoop on your communications.

 

The Public Safety Committee voted unanimously to approve the policy, sending it on to the full Oakland City Council. This is an example of a policy that should be in place for all surveillance equipment, and civil liberties groups around the Bay are working towards that end. To wit:

 

The Bart Board of Directors is scheduling consideration of a Surveillance Equipment Regulation Ordinance (tinyurl.com/zgzh558). This ‘meta-ordinance’ mandates that all surveillance equipment – including Cell Site Simulators – be acquired through a public process. Use and privacy policies vetted in public must be in place before deployment for all such equipment, and a cost/benefit and civil liberties analysis done beforehand. The ordinance would also require yearly audits of equipment use, publicly available.

 

This would be similar to a proposed ordinance which the Oakland Privacy Advisory Commission passed several weeks ago (tinyurl.com/zfwc235) for consideration by the Oakland City Council next month.

 

Berkeley is also in the beginning stages of considering its own Surveillance Equipment Regulation Ordinance. Santa Clara County adopted the first such ordinance of its kind in the nation about a

year ago.

 

The Cell Site Simulator use and privacy policy Oakland’s Public Safety Committee considered was crafted by the Oakland Privacy Advisory Commission and is likely the strongest such policy in the nation. It’s significantly stronger than existing state laws such as one Illinois passed six months ago (tinyurl.com/hybkmzu), and it’s not clear if there are any other, local, publicly vetted policies in place putting real limitations on the use of these devices – devices which gained notoriety in the last couple of years for their indiscriminant deployment (tinyurl.com/mpu286h).

 

As proposed, the policy says a Cell Site Simulator:

  1. can never be used to intercept content, only to locate a cell phone;
  2. can only be used with a warrant, or in an emergency for 48 hours before obtaining a warrant;
  3. can only be used for certain, delineated purposes. The allowed purposes are to locate a missing person or at-risk individual, assist in investigations involving danger to the life or physical safety of an individual, or to apprehend known fugitives. They cannot be used in a “dragnet” operation; the cell phone to be located must be known in advance.

 

In addition a log of each use must be maintained, and an annual report detailing usage statistics, locations of deployment and costs must be compiled.

 

Would the world be better off without such powerful technologies? Would we be safer if the police could use surveillance without limits? Or is there a middle, accepting that surveillance technology will not just go away and will inevitably become more sophisticated?  Is there a middle, knowing that the power to watch, unchecked, inevitably corrupts the watcher and demeans those surveilled?

 

Oakland Privacy, which has worked hard since the defeat of the Domain Awareness Center in 2014 promoting privacy and surveillance restrictions, suggests that such a middle needs to exist, because the consequence otherwise is not no surveillance state, but rather unfettered government – and big business – access to everything we say and do.

 

Oakland, Berkeley and BART should pass these ordinances. By opening up the process of acquiring surveillance equipment to public scrutiny, we hope that tradeoffs will be analyzed and consequences of surveillance discussed, so that the people – not the NSA, not Donald Trump, and not your local police – can draw the lines.

 

JP Massar is a member of the Oakland Privacy Working Group.

Alameda County

Oakland Council Expands Citywide Security Cameras Despite Major Opposition

In a 7-1 vote in favor of the contract, with only District 3 Councilmember Carroll Fife voting no, the Council agreed to maintain its existing network of 291 cameras and add 40 new “pan-tilt-zoom cameras.”

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At the International Association of Chiefs of Police Conference, Flock Safety introduces new public safety technology – Amplified Intelligence, a suite of AI-powered tools designed to improve law enforcement investigations. Courtesy photo.
At the International Association of Chiefs of Police Conference, Flock Safety introduces new public safety technology – Amplified Intelligence, a suite of AI-powered tools designed to improve law enforcement investigations. Courtesy photo.

By Post Staff

The Oakland City Council this week approved a $2.25 million contract with Flock Safety for a mass surveillance network of hundreds of security cameras to track vehicles in the city.

In a 7-1 vote in favor of the contract, with only District 3 Councilmember Carroll Fife voting no, the Council agreed to maintain its existing network of 291 cameras and add 40 new “pan-tilt-zoom cameras.”

In recent weeks hundreds of local residents have spoken against the camera system, raising concerns that data will be shared with immigration authorities and other federal agencies at a time when mass surveillance is growing across the country with little regard for individual rights.

The Flock network, supported by the Oakland Police Department, has the backing of residents and councilmembers who see it as an important tool to protect public safety.

“This system makes the Department more efficient as it allows for information related to disruptive/violent criminal activities to be captured … and allows for precise and focused enforcement,” OPD wrote in its proposal to City Council.

According to OPD, police made 232 arrests using data from Flock cameras between July 2024 and November of this year.

Based on the data, police say they recovered 68 guns, and utilizing the countywide system, they have found 1,100 stolen vehicles.

However, Flock’s cameras cast a wide net. The company’s cameras in Oakland last month captured license plate numbers and other information from about 1.4 million vehicles.

Speaking at Tuesday’s Council meeting, Fife was critical of her colleagues for signing a contract with a company that has been in the national spotlight for sharing data with federal agencies.

Flock’s cameras – which are automated license plate readers – have been used in tracking people who have had abortions, monitoring protesters, and aiding in deportation roundups.

“I don’t know how we get up and have several press conferences talking about how we are supportive of a sanctuary city status but then use a vendor that has been shown to have a direct relationship with (the U.S.) Border Control,” she said. “It doesn’t make sense to me.”

Several councilmembers who voted in favor of the contract said they supported the deal as long as some safeguards were written into the Council’s resolution.

“We’re not aiming for perfection,” said District 1 Councilmember Zac Unger. “This is not Orwellian facial recognition technology — that’s prohibited in Oakland. The road forward here is to add as many amendments as we can.”

Amendments passed by the Council prohibit OPD from sharing camera data with any other agencies for the purpose of “criminalizing reproductive or gender affirming healthcare” or for federal immigration enforcement. California state law also prohibits the sharing of license plate reader data with the federal government, and because Oakland’s sanctuary city status, OPD is not allowed to cooperate with immigration authorities.

A former member of Oakland’s Privacy Advisory Commission has sued OPD, alleging that it has violated its own rules around data sharing.

So far, OPD has shared Flock data with 50 other law enforcement agencies.

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Activism

Black Arts Movement Business District Named New Cultural District in California

Located in the heart of District 3, the BAMBD is widely regarded as one of the nation’s most important centers of Black cultural production — a space where artists, entrepreneurs, organizers, and cultural workers have shaped generations of local and national identity. The state’s recognition affirms the district’s historic importance and its future promise.

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Councilmember Carroll Fife celebrates major milestone for Black arts, culture, and economic power in Oakland. Courtesy photo.
Councilmember Carroll Fife celebrates major milestone for Black arts, culture, and economic power in Oakland. Courtesy photo.

By Post Staff

Oakland’s Black Arts Movement Business District (BAMBD) has been selected as one of California’s 10 new state-designated Cultural Districts, a distinction awarded by the California Arts Council (CAC), according to a media statement released by Councilmember Carroll Fife.

The BAMBD now joins 23 other districts across the state recognized for their deep cultural legacy, artistic excellence, and contributions to California’s creative economy.

Located in the heart of District 3, the BAMBD is widely regarded as one of the nation’s most important centers of Black cultural production — a space where artists, entrepreneurs, organizers, and cultural workers have shaped generations of local and national identity. The state’s recognition affirms the district’s historic importance and its future promise.

“This designation is a testament to what Black Oakland has built — and what we continue to build when we insist on investing in our own cultural and economic power,” said Fife.

“For years, our community has fought for meaningful recognition and resources for the Black Arts Movement Business District,” she said. “This announcement validates that work and ensures that BAMBD receives the support it needs to grow, thrive, and continue shaping the cultural fabric of California.”

Since taking office, Fife has led and supported multiple initiatives that strengthened the groundwork for this achievement, including:

  • Restoring and protecting arts and cultural staffing within the City of Oakland.
  • Creating the West Oakland Community Fund to reinvest in historically excluded communities
  • Advancing a Black New Deal study to expand economic opportunity for Black Oakland
  • Ensuring racial equity impact analyses for development proposals, improving access for Black businesses and Black contractors
  • Introduced legislation and budget amendments that formalized, protected, and expanded the BAMBD

“These efforts weren’t abstract,” Fife said. “They were intentional, coordinated, and rooted in a belief that Black arts and Black businesses deserve deep, sustained public investment.”

As part of the Cultural District designation, BAMBD will receive:

  • $10,000 over two years
  • Dedicated technical assistance
  • Statewide marketing and branding support
  • Official designation from Jan. 1, 2026, through Dec. 31, 2030

This support will elevate the visibility of BAMBD’s artists, cultural organizations, small businesses, and legacy institutions, while helping attract new investment to the district.

“The BAMBD has always been more than a district,” Fife continued. “This recognition by the State of California gives us another tool in the fight to preserve Black culture, build Black economic power, and protect the families and institutions that make Oakland strong.”

For questions, contact Councilmember Carroll Fife at CFife@oaklandca.gov.

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Activism

Oakland School Board Grapples with Potential $100 Million Shortfall Next Year

The school board approved Superintendent Denise Saddler’s plan for major cuts to schools and the district office, but they are still trying to avoid outside pressure to close flatland schools.

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OUSD Supt. Denise Saddler. File photo.
OUSD Supt. Denise Saddler. File photo.

By Post Staff

The Oakland Board of Education is continuing to grapple with a massive $100 million shortfall next year, which represents about 20% of the district’s general fund budget.

The school board approved Superintendent Denise Saddler’s plan for major cuts to schools and the district office, but they are still trying to avoid outside pressure to close flatland schools.

Without cuts, OUSD is under threat of being taken over by the state. The district only emerged from state receivership in July after 22 years.

“We want to make sure the cuts are away from the kids,” said Kampala Taiz-Rancifer, president of the Oakland Education Association, the teachers’ union. “There are too many things that are important and critical to instruction, to protecting our most vulnerable kids, to safety.”

The school district has been considering different scenarios for budget cuts proposed by the superintendent, including athletics, libraries, clubs, teacher programs, and school security.

The plan approved at Wednesday’s board meeting, which is not yet finalized, is estimated to save around $103 million.

Staff is now looking at decreasing central office staff and cutting extra-curricular budgets, such as for sports and library services. It will also review contracts for outside consultants, limiting classroom supplies and examine the possibility of school closures, which is a popular proposal among state and county officials and privatizers though after decades of Oakland school closures, has been shown to save little if any money.

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