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Technology Law as a Vehicle for Anti-Racism – Nov. 12-13

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Student editors of the Berkeley Technology Law Journal have organized a remarkable symposium on “Technology Law as a Vehicle for Anti-Racism.” The two-day event, Nov. 12-13, is open to all and free of charge. Keynote speakers will be Cong. Ro Khanna and former FCC commissioner and acting chair Mignon Clyburn. Academic speakers include Bennett Capers, Anupam Chander, Kami Chavis, Colleen Chien, Maurice Dyson, Brandon Garrett, Elizabeth Joh, Safiya Noble, and Olivier Sylvain. They will be joined by practitioners from the Legal Aid Society of NY, Salesforce, Facebook, the Privacy and Civil Liberties Oversight Board, the Federal Public Defenders Office, Hogan Lovells, the Electronic Frontier Foundation, and the USPTO according to Executive Director Berkeley Center for Law & Technology Jack Dempsey.

The preface for the agenda to the symposium adds:

“The nexus of technology and the law has played a major role in amplifying racial injustices in many of society’s institutions. The killings of Breonna Taylor, George Floyd, Jacob Blake, and many others by police just this past summer alone precipitated a new era of reckoning with the egregious treatment that Black people, Indigenous people, and people of color are subject to in the United States, including the ways modern technology has aided in this treatment. Even as demonstrators and social reformers took to the streets and the Web to protest these injustices, technologies were further weaponized to quell their voices.

But technology and the law can also be instruments for structural change. As future lawyers, the student leaders of the Berkeley Technology Law Journal (BTLJ) are eager to dissect the roles of technology law and policy and investigate how they can be channeled to serve the interests of racial justice.

We have invited leading and rising legal academics, policymakers, and activists to share their research and perspectives on the intersection of technology, law, and race. In conversation with one another, they will help us explore and propose options for anti-racist paths forward for the field of technology law. “

The agenda for sessions include:  “On Algorithmic Bias and Its Consequences for People of Color”; “On Net Neutrality, Communications Policy, and Their Impact on Minority Populations”; “On Online Speech, Online Harassment, and Section 230”; “Expanding Access to the Intellectual Property Ecosystem”; “On the Criminal Justice System; Evidence, Expert Testimony, and Race”; “On the Potential Conception of Privacy as a Civil Right”; “On Surveillance, Law Enforcement, and Race” and other sessions to be announced.

CLE (Continued Legal Education) credit is offered for this free event.

To register for one or both days, November 12 and 13 from 9 a.m. to 3:30 p.m. log onto:  Technology Law Symposium

Bay Area

Report Reveals California Cops Explicit Bias against African Americans

While the data show that most people consent to a search when asked by an officer, research from the report reflects that this “consent” is not necessarily voluntary because of the inherent power inequality between a law enforcement officer and a member of the public. 

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The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices. 
The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices. 

By Stacy M. Brown | NNPA Newswire

A new report has revealed that California law enforcement officers searched, detained on the curb or in a patrol car, handcuffed, and removed from vehicles more individuals perceived as Black than individuals perceived as white, even though they stopped more than double the number of individuals perceived as white than individuals perceived as Black.

California’s Racial and Identity Profiling Advisory Board’s report gathered information from 18 law enforcement agencies.

The data revealed that officers stopped 2.9 million individuals in 2020. Most were African Americans and members of the LGBTQ community.

The agency said that the data included what officers “perceived” to be the race, ethnicity, gender, and disability status of people they stopped, even if the perception was different from how the person identified.

According to the data, authorities search African Americans 2.4 times more than whites and disproportionately more than other racial and ethnic groups.

It also found that individuals officers perceived as transgender women were 2.5 times more likely to be searched than women who appeared cisgender.

Data for the report came from the state’s most important law enforcement agencies, like the California Highway Patrol.

However, the highway patrol didn’t include data analyzing stops based on gender identity.

All agencies must report the data in 2023.

“The data in this report will be used by our profession to evaluate our practices as we continue to strive for police services that are aligned with our communities’ expectations of service,” Chief David Swing, co-chair of the Board and past president of the California Police Chiefs Association, said in a statement.

The report further showed that Black and Hispanic individuals were more likely to have force used against them compared to white individuals, while Asian and other individuals were less likely.

Specifically, the odds of having force used during a stop were 1.32 times and 1.16 times as high for Black and Hispanic individuals, respectively.

Asian and other individuals whom officers stopped had lower odds of having force used against them (0.80 and 0.82, respectively) relative to the odds for those perceived as white.

Search discovery rate analyses showed that, when officers searched individuals, all races, or ethnic groups of color, except for Asian and Middle Eastern/South Asian individuals, had higher search rates despite having lower rates of discovering contraband than individuals perceived as white.

Furthermore, a search and discovery rate analysis show that officers searched people perceived to have a mental health disability 4.8 times more often and people perceived to have other types of disabilities 2.7 times more often than people perceived to have no disability.

Still, they discovered contraband or evidence at a lower rate during stops and searches of people with disabilities.

Officers used force against individuals perceived to have mental health disabilities at 5.2 times the rate at which they used force against individuals they perceived to have no disabilities.

The data show that Black and Hispanic/Latinx individuals are asked for consent to search at higher rates than white individuals.

Officers searched Black, Hispanic/Latinx, and multiracial individuals at higher rates for consent-only searches than all other racial/ethnic groups.

These consent-only searches resulted in lower rates of discovery of contraband (8.5%, 11.3%, and 13.0%, respectively) than searches of all other racial and ethnic groups.

The reason for the stop was a traffic violation in more than half of the stops where officers conducted a consent-only search (consent being the only reason for the search) of Black, Hispanic/Latinx, and Middle Eastern/South Asian individuals.

On the other hand, less than 30% of the consent-only searches of white people happened during traffic stops.

The people who wrote the report said that searches based on consent alone lead to fewer discoveries than searches based on reasonable suspicion or probable cause.

With consent-only searches, the rate of finding something was 9.2 percentage points lower for Black people than for white people.

“Given the disparities in the data on consent searches, the board questions whether consent searches are truly voluntary,” the authors wrote.

While the data show that most people consent to a search when asked by an officer, research from the report reflects that this “consent” is not necessarily voluntary because of the inherent power inequality between a law enforcement officer and a member of the public.

The research shows that this natural power imbalance is evident in vulnerable groups, such as people with mental health problems or young people, who may be more likely to give in to authority.

“Indeed,” the authors wrote, “RIPA data reflects that for both people with mental health disabilities and youth, a larger proportion of their stops that began as consensual encounters resulted in searches, as compared to people without mental health disabilities or adults.”

Board members said they carefully looked at the data about people who were stopped and searched because of their status as people under supervision.

The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices.

For example, officers performed supervision-only searches – where supervision status is the only basis for the search – of individuals perceived as Black at 2.8 times the rate at which they performed supervision-only searches of individuals they perceived as white.

Similarly, officers also performed supervision plus searches – where the officer had some other basis to search the person – of Black individuals at 3.3 times the rate they performed supervision plus searches of white individuals.

The rates of discovering contraband for supervision-only searches were lower for all racial/ethnic groups than white individuals; Black individuals had the most considerable difference in their discovery rate (-11.4 percentage points) compared to whites.

Officers also reported a higher proportion of supervision-only searches during stops for traffic violations (46.9%) than during reasonable suspicion stops (24.6%).

“These were just a few of the many disparities discussed in the report,” board members noted.

“Given the large disparities observed, the Board reviewed efforts by various law enforcement agencies to limit inquiries into supervision status as well as stops and searches on the basis of supervision status.

“The RIPA data further indicates that the practice of conducting supervision-only searches shows racial disparities that result in low yield rates of contraband or evidence.”

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Activism

Sheng Thao Sworn in as New Mayor of Oakland, Pledges New Direction for the City

Mayor Thao provided a few minutes on the program to introduce to the community Dr. Kimberly Mayfield, the newly appointed deputy mayor, who has served as vice president of external affairs and dean of the school of education at Holy Names University, a leader of the Black Women Organized for Political Action (BWOPA) and a member of the sorority Alpha Kappa Alpha, Inc.

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Mayor Sheng Thao, sworn in as the 51st Mayor of Oakland, is flanked by her son Ben Ventura and her father “Richard” Nou My Thao at the Paramount Theatre in Oakland, Jan. 9, 2023. Photo courtesy of Alain McLaughlin Photography.
Mayor Sheng Thao, sworn in as the 51st Mayor of Oakland, is flanked by her son Ben Ventura and her father “Richard” Nou My Thao at the Paramount Theatre in Oakland, Jan. 9, 2023. Photo courtesy of Alain McLaughlin Photography.

Mayor Thao appoints HNU’s Dr. Kimberly Mayfield as deputy mayor

By Ken Epstein

Sheng Thao, a daughter of Hmong refugees who overcame homelessness and domestic abuse to attend university and build a life for herself and her family in Oakland, received the official oath of office Monday afternoon as the new mayor of the City of Oakland.

Sworn in at the Paramount Theatre in downtown Oakland by California Attorney General Rob Bonta, she stood on stage surrounded by friends, family, and staff members. She was flanked by her son Ben Ventura, who performed a musical piece on the cello, and her father “Richard” Nou My Thao.

The mayor called on Oaklanders to join with her to create a more humane, inclusive, and just city. She spoke about her commitment as a progressive to significantly improve the quality of life for residents, making the city safer and cleaner, building 30,000 units of truly affordable housing, fostering jobs, promoting economic development, supporting small businesses and providing solutions to homelessness that recognize the dignity of the unsheltered.

“I know what we can do together, Oakland,” she said. “Our city’s’ best days are still to come. The Oakland that we all know is possible and within our reach.”

Newly appointed Deputy Mayor Kimberly Mayfield (left) with Mayor Sheng Thao. Photo courtesy of Alain McLaughlin Photography.

Newly appointed Deputy Mayor Kimberly Mayfield (left) with Mayor Sheng Thao. Photo courtesy of Alain McLaughlin Photography.

Mayor Thao provided a few minutes on the program to introduce to the community Dr. Kimberly Mayfield, the newly appointed deputy mayor, who has served as vice president of external affairs and dean of the school of education at Holy Names University, a leader of the Black Women Organized for Political Action (BWOPA) and a member of the sorority Alpha Kappa Alpha, Inc.

In her remarks, the mayor focused on the city’s long fight to become more inclusive and equitable.

“We believe everyone deserves a seat at the table, not just a few, not just the wealthy, not just the well-connected,” she said.

“Sometimes, we take our shared progressive values for granted, our advances toward justice and equality,” said Mayor Thao.

She reminded people that “a…century ago, our city was dominated by members of the Ku Klux Klan (where) Klan members burned crosses in our hills and marched through our streets. As recently as the1970s, freeways were made possible by tearing down thriving Black, Latino, and Asian communities,” she continued.

“We recognize what we have overcome together to remember what is worth fighting for every day…(and) to take stock of how far we still have to go.”

Promising a “comprehensive” approach to public safety to make all neighborhoods in the city safer, she said she would bolster anti-crime programs like Ceasefire and “we will fill (police) vacancies with home-grown police officers who know our community, who look like us.”

At the same time, she said, the city must increase opportunities for young people, reinvigorating the summer jobs program (for youth) and enhance the school-to-work pipeline so young people can gain experience and job skills.

She said she would beef up the many city departments that are currently operating on skeleton staffing, promising to fill the staffing vacancies that “plague our city.”

Mayor Thao said she herself is a renter, and that she “will fiercely protect Oakland renters. If you are a renter in Oakland, you’ve got a mayor who’s got your back.”

Speaking about the Oakland A’s proposed waterfront real estate development promoted by former Mayor Libby Schaaf, Mayor Thao said the city will continue negotiations to keep the team “rooted in Oakland.”

“Working closely with the A’s, I’m hopeful we can reach a good deal, (based) on our Oakland values,” she said.

The former mayor’s plan for building the proposed waterfront real estate development at the Port of Oakland was dealt a major setback this week when Oakland failed to secure more than $180 million in federal funds to help pay for infrastructure development for the project.

Speaking of the importance of the appointment of Mayfield as deputy mayor, the Mayor’s Office explained her role in the new administration:

“Mayor Thao was thrilled Kimberly Mayfield agreed to join her team because of her tremendous and longstanding leadership in Oakland. In recognition of her vast experience, it was decided that the best role for her would be as deputy mayor where she will be an instrumental part of the leadership of both the Office and Oakland.”

In her introduction at the Paramount Theatre, Mayfield said, “Today is not about political agendas…It’s about the power of the people…it’s a recognition of the rejection of the status quo. This new chapter begins with a mayor that understands how to build a culture that works for everyone. Thank you, Mayor Thao for the opportunity to serve.”

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Bay Area

IRS Extends Filing Dates in Counties Under Federal Emergency Declarations

The announcement affects residents in Alameda, Marin, Contra Costa, San Francisco, Monterey, Napa, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma counties, the IRS said.

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Eligible taxpayers will also have until May 15 to make 2022 contributions to their IRAs and health savings accounts.
Eligible taxpayers will also have until May 15 to make 2022 contributions to their IRAs and health savings accounts.

By Katy St. Clair, Bay City News Foundation

The Internal Revenue Service has extended its annual tax return due date by a month for people who live in areas impacted by the recent storms, the IRS announced on Tuesday.

California storm victims now have until May 15 to file their individual or business taxes if their area was declared an emergency by the Federal Emergency Management Agency.

The announcement affects residents in Alameda, Marin, Contra Costa, San Francisco, Monterey, Napa, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma counties, the IRS said. A full list of counties can be found at https://www.irs.gov/newsroom/tax-relief-in-disaster-situations.

Eligible taxpayers will also have until May 15 to make 2022 contributions to their IRAs and health savings accounts.

Taxpayers will not have to do anything to initiate the extension, the IRS said, and do not have to contact the agency to get this relief.

Some other extensions are being granted to farmers, those who pay quarterly estimated payments, and those who pay quarterly payroll and excise taxes. To learn more, go to irs.gov.

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