23AndMe Meltdown

One of the world’s largest DNA collections in private hands, ancestry testing company 23AndMe with over 14 million genotypes, seems headed for a chaotic ownership change after CEO Anne Wojcicki warned of incoming bankruptcy and the entire board quit.

While 23andMe’s genetic tests can sometimes provide useful history for some genetically-linked medical conditions, the vast majority of people who willingly sent their saliva to the company were merely seeking to get an analysis of their ancestors heritage for curiosity or entertainment.

The company’s bankruptcy is perhaps not a huge surprise as there is no repeat model for DNA testing – once it’s done it’s done – and the company may have exhausted the supply of willing testers. But the DNA bank’s exclusion from HIPAA, the lack of state laws in most states outside of California (which has a genetic privacy law) and the company’s definition of the DNA in its possession as a salable asset, make the internal crisis a privacy disaster for millions of people with large and measurable risks.

How can you protect yourself if you went for the DNA testing game?

Oakland Shotspotter Contract Renewal

Controversial gunshot detection technology Shotspotter is up for contract renewal for the next three years in Oakland. The system depends on outdoor microphones that ping when exposed to a loud noise that might be a gunshot and a dispatch system that sends an immediate alert to the Oakland Police Department. The system sent at least 8,300 alerts in 2023, so upwards of 22 a day on average.

The tech has come under significant criticism in recent years: for repetitively sending police into low-income neighborhoods where the sensors are place and pumped up for violence that may or may not exist, for high rates of false alarms, for distracting police from real 911 calls to chase electronic beeps, and for altering forensic reports to support police narratives after the fact.

2024 State Legislature Wrap-up

It is now past the end of the road for the 2024 state legislative year, so we wanted to report back to you on what happened, what OP did, and what new laws are coming your way. It was the year of artificial intelligence bills, so we will start there and then look at our three traditional areas of focus: consumer privacy, policing and surveillance and governmental transparency. According to our records, OP intervened on 79 potential laws this past year. 20 bills we supported were enacted into law. 25 bills we opposed were defeated.

SFPD Violates State Military Equipment Law

The San Francisco Police Department has confirmed in writing that they acquired 6 DJI drones in May of 2024, without requesting Board of Supervisors authorization or getting an approved use policy as required by State Law (AB 481-2021-Chiu).

We are not surprised as language in Proposition E, as we pointed out earlier this year, purported to authorize drone usage outside the state’s required military equipment procurement process. As we stated, (and informed the City) – “A local ballot intitiative cannot alter state law when the state law governs charter counties by statute and AB 481 does so”.

We’re not sure why SFPD and City Attorney Chiu, who authored AB 481 when in the Assembly, want to waste taxpayer money getting a judge to order them to follow state law.

Opt Out of Clearview AI Giveaway

Clearview AI, the notorious facial recognition software that scraped pictures from the world’s social media and then sold them to the police for a perpetual line-up, has been hit with a blizzard of well-deserved litigation. Cases from all over the country were consolidated, and a class action settlement was proposed. It’s a doozy – and not in a good way.

$115 Million Dollar Settlement in Katz-Lacabe v. Oracle Privacy Lawsuit

A class action lawsuit against Oracle Corporation for violating state and federal privacy laws by asssembling digital dossiers on people and selling them was settled for $115 million dollars. OP member Mike Katz-Lacabe was a primary named plaintiff.

Oracle assembled profiles on where people browsed online, and where they did their banking, bought gas, dined out, shopped and used their credit cards and then used the data in IDGraph which created “relevant personalized experiences”. Oracle has since discontinued IDGraph.

As part of the settlement, Oracle agreed to not to gather user-generated information from URLs of previously visited websites, or text that users enter in online forms other than on Oracle’s own websites.

The settlement covers people whose personal information Oracle collected or sold since Aug. 19, 2018.

News Coverage

Reuters: Oracle Reaches 115 Million Consumer Privacy Settlement

The Register: Oracle Coughs Up 115 Million Dollars To Make Privacy Case Go Away

Bloomberg: Oracle Will Pay 115 Million Dollars to Settle Customer Tracking Lawsuit

PPC Land: Oracle’s 115 Million Privacy Settlement Reshapes Data Collection Landscape