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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.

Activism

Oak Temple Hill Hosts Interfaith Leaders from Across the Bay Area

Distinguished faith leaders Rev. Ken Chambers, executive director the Interfaith Council of Alameda County (ICAC); Michael Pappas, executive director of the San Francisco Interfaith Council; and Dr. Ejaz Naqzi, president of the Contra Costa County Interfaith Council addressed the group on key issues including homelessness, food insecurity, immigration, and meaningful opportunities to care for individuals and communities in need. 

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Troy McCombs (from the state of Washington), Elder Mark Mortensen (from Irvine, CA), Michael Pappas, Rev. Ken Chambers, Dr. Ejaz Naqvi, Elder Sigfried Nauman (from the state of Washington), and Richard Kopf. Courtesy photo.
Troy McCombs (from the state of Washington), Elder Mark Mortensen (from Irvine, CA), Michael Pappas, Rev. Ken Chambers, Dr. Ejaz Naqvi, Elder Sigfried Nauman (from the state of Washington), and Richard Kopf. Courtesy photo.

Special to the Post

Interfaith leaders from the Bay Area participated in a panel discussion at the annual meeting of communication leaders from The Church of Jesus Christ of Latter-day Saints held on Temple Hill in Oakland on May 31. Distinguished faith leaders Rev. Ken Chambers, executive director the Interfaith Council of Alameda County (ICAC); Michael Pappas, executive director of the San Francisco Interfaith Council; and Dr. Ejaz Naqzi, president of the Contra Costa County Interfaith Council addressed the group on key issues including homelessness, food insecurity, immigration, and meaningful opportunities to care for individuals and communities in need.

Chambers, said he is thankful for the leadership and support of the Church of Jesus Christ Latter-Day Saints’ global ministry, which recently worked with the interfaith congregations of ICAC to help Yasjmine Oeveraas a homeless Norwegian mother and her family find shelter and access to government services.

Oeveraas told the story of how she was assisted by ICAC to the Oakland Post. “I’m a Norwegian citizen who escaped an abusive marriage with nowhere to go. We’ve been homeless in Florida since January 2024. Recently, we came to California for my son’s passport, but my plan to drive for Uber fell through, leaving us homeless again. Through 2-1-1, I was connected to Rev. Ken Chambers, pastor of the West Side Missionary Baptist Church and president of the Interfaith Council of Alameda County, and his car park program, which changed our lives. We spent about a week-and-a-half living in our car before being blessed with a trailer. After four years of uncertainty and 18 months of homelessness, this program has given us stability and hope again.

“Now, both my son and I have the opportunity to continue our education. I’m pursuing cyber analytics, something I couldn’t do while living in the car. My son can also complete his education, which is a huge relief. This program has given us the space to focus and regain our dignity. I am working harder than ever to reach my goals and give back to others in need.”

Richard Kopf, communication director for The Church of Jesus Christ in the Bay Area stated: “As followers of Jesus Christ, we embrace interfaith cooperation and are united in our efforts to show God’s love for all of his children.”

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Alameda County

Council Approves Budget to Invest in Core City Services, Save Fire Stations, Invest in Economic Development

I am most proud of our ability to fund these critical city services without the use of one-time fixes. We are still suffering the consequences of last year’s budget, where a majority of the Council, myself not included, chose to incorporate anticipated proceeds from the sale of the Coliseum to fund essential services. Since the sale has still not yet been completed, the lack of funds led to drastic cuts in city services, including the temporary closure of fire stations, staff layoffs, and the cancellations of many service contracts.

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District 4 Oakland City Councilmember Janani Ramachandran. Photo courtesy City of Oakland.
District 4 Oakland City Councilmember Janani Ramachandran. Photo courtesy City of Oakland.

By Janani Ramachandran, District 4 Oakland City Councilmember

On Wednesday, June 11, City Council took a bold step to prioritize investing in essential city services to get our beautiful Town back on track. As Chair of the Finance Committee, I am proud to have led a collaborative process, alongside Councilmembers Rowena Brown, Zac Unger, and Charlene Wang, to develop a set of amendments to the proposed FY 2025-2027 budget which passed successfully with a vote of 6 – 1. Despite facing a $265 million structural budget deficit, we were able to restore funding to ensure that all 25 fire stations remain open, fund 5 police academies, invest millions of dollars to combat illegal dumping and sideshow prevention, improve our permitting processes, fund a “business incentives” program to revitalize our commercial corridors, improve upon our homelessness prevention work, amplify the city’s anti-trafficking programs, re-instate our tree services division, staff up our Auditor’s office – all while preventing any layoffs of city staff, keeping our senior centers and after-school programs open, and crisis services like MACRO funded.

I am most proud of our ability to fund these critical city services without the use of one-time fixes. We are still suffering the consequences of last year’s budget, where a majority of the Council, myself not included, chose to incorporate anticipated proceeds from the sale of the Coliseum to fund essential services. Since the sale has still not yet been completed, the lack of funds led to drastic cuts in city services, including the temporary closure of fire stations, staff layoffs, and the cancellations of many service contracts. The budget that we passed this week proudly does not fund recurring expenses with anticipated one-time revenue – and moves our city towards being fiscally responsible with our taxpayers’ funds.

Our budget comes in response to the widespread and consistent calls from across Oakland’s diverse communities asking us to prioritize funding solutions to the issues that have most directly impacted our residents’ safety and quality of life. Our priorities are also inspired by our belief that Oakland is on the way not only to financial recovery, but also to global recognition. Oakland can attract and preserve businesses of all sizes with safer, cleaner streets. We can and will have more large-scale festivals that celebrate our culture, concerts that uplift our incredible local musicians, conferences that attract patrons from across the world, and award-winning restaurants that top national charts. We are on our way to rebuilding a thriving economy and having a cultural renaissance will create more jobs for Oaklanders while also generating more revenue for the City through sales and business taxes.

I am grateful for the close partnership with our new Mayor Barbara Lee, and know that she shares our values of ensuring we are prioritizing keeping Oakland’s residents safe, our streets clean, and our businesses prosperous in an open and fiscally responsible manner. I am also thankful to our City Administrator, Jestin Johnson, and former Interim Mayor Kevin Jenkins’ efforts to produce the initial proposal that our Council budget team used as a starting point for our amendments, and for their shared commitment to transparency and ethical government. I am especially grateful for every resident that took the time to make their voice heard throughout this rigorous budget process. I have no doubt that we are on the verge of true change, and that together we will bring Oakland back to being the world-class city I know it can be.

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Activism

“We Are Better Than This”: Black Caucus Denounces L.A. County ICE Raids as Multiple Protests Erupt

Assemblymember Tina McKinnor (D-Inglewood), a member of the CLBC and chair of the Los Angeles County Legislative Delegation, urged protestors to show restraint and deescalate rising tensions. “Don’t take the bait. Remain peaceful. Peace is our power,” she posted on Facebook. McKinnor also blasted the feds for detaining David Huerta, a popular labor leader and president of the Service Employees International Union (SEIU), who was documenting the raids.

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Assemblymember Tina Mckinnor (D-Inglewood), at the podium, is joined by a coalition of California lawmakers opposed to the ongoing ICE raids being conducted in communities across California. Courtesy of Asm. Tina Mckinnor’s office.
Assemblymember Tina Mckinnor (D-Inglewood), at the podium, is joined by a coalition of California lawmakers opposed to the ongoing ICE raids being conducted in communities across California. Courtesy of Asm. Tina Mckinnor’s office.

By Bo Tefu, California Black Media  

Members of the California Legislative Black Caucus (CLBC) last week condemned ongoing Immigration and Customs Enforcement (ICE) raids in California.

The caucus released the statement the same day multiple protests erupted in Los Angeles County, reacting to three ICE raids conducted in that area.

“For months w,e have watched the unsettling images of federal agents rampaging through our communities. We have stood in horror as masked, heavily armed men ransack neighborhoods under the color of law leaving terror and trauma in their wake,” read a June 6 statement released by the CLBC.

Assemblymember Tina McKinnor (D-Inglewood), a member of the CLBC and chair of the Los Angeles County Legislative Delegation, urged protestors to show restraint and deescalate rising tensions.

“Don’t take the bait. Remain peaceful. Peace is our power,” she posted on Facebook.

McKinnor also blasted the feds for detaining David Huerta, a popular labor leader and president of the Service Employees International Union (SEIU), who was documenting the raids.

“The actions by this federal government are un-American,” wrote McKinnor in a statement. “We demand is immediate release and an end to the terror being inflicted on communities across L.A. County by this administration.”

According to Yasmeen Pitts, a Homeland Security Investigations division spokesperson, 44 people have been detained in arrests related to the protests.

Pitts said ICE agents targeted three locations in central Los Angeles they accuse of harboring undocumented immigrants.

The Black Caucus statement called the violent arrest of community leaders leading protests against the raids “a tool in the authoritarian playbook.”

“No person or family, regardless of origin, deserves to be the target of the terror being inflicted across the country in this moment,” the statement continued.

On June 7, Bill Essayli, U.S. Attorney for the Central District of California, posted on X, “federal agents arrested over a dozen agitators today who impeded agents in their ability to conduct law enforcement operations.”

“We will continue to arrest anyone who interferes with federal law enforcement,” he added.

L.A. Mayor Karen Bass thanked local law enforcement for keeping the peace in the city.

This is a difficult time for our city. As we recover from an unprecedented natural disaster, many in our community are feeling fear following recent federal immigration enforcement actions across Los Angeles County. Reports of unrest outside the city, including in Paramount, are deeply concerning,” posted Bass on X.

“We’ve been in direct contact with officials in Washington, D.C. and are working closely with law enforcement to find the best path forward. Everyone has the right to peacefully protest, but let me be clear: violence and destruction are unacceptable, and those responsible will be held accountable,” she added.

On June 9, the Trump administration said it will send 2,000 National Guard troops to Los Angeles to quell the anti-ICE protests.

Newsom called the decision “deranged.”

“As the federal government conducts chaotic immigration sweeps across the country, the state is deploying additional CHP to maintain safety on Los Angeles highways to keep the peace,” wrote Newsom in a statement posted on X. “It’s not their job to assist in federal immigration enforcement. The federal government is sowing chaos so they can have an excuse to escalate. That is not the way any civilized country behaves.”

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