Berkeley Community Speaks Up (And Stops) High School Internet Monitoring Plan

by Sara Zimmerman

Update: 3/31/2021 Berkeley High School parents were informed that the monitoring of what websites students visited has been put on indefinite hold. Parents will retain the ability to ban certain websites on school-issued devices.

Students at Berkeley High were alarmed in March 2021 to unexpectedly receive an email from Berkeley High principal Juan Raygoza informing them that, effective immediately, the school had enabled a monitoring app on all school issued chromebooks and devices. The monitoring app provided parents and guardians with access to students’ browsing history, recent top 5 websites, apps, and extensions.  The email stated: “Your parents are there to help keep you safe, and the app provides them with what they need to do that.  In order to bring you an effective digital learning environment, it’s important to open the lines of communication with the adults who have your best interest at heart.”

Students and parents responded quickly, urging Berkeley High to reevaluate this policy, at a minimum postponing implementation of this change and providing privacy protections regarding students’ past activities.  In response, Berkeley High sent an email to at least one parent stating that it was putting elements of the policy on hold for further review, turning off the monitoring features of the app but maintaining the ability for parents and guardians to block specific websites or cut off access to the internet.  However, no notice went out to the student population informing them about this change. 

Oakland Privacy Receives James Madison Freedom of Information Award from Society of Professional Journalists

Oakland Privacy was honored to receive a 2021 James Madison Award from the Norcal Chapter of the Society for Professional Journalists for our lawsuit and advocacy with the City of Vallejo and their purchase of a cell site simulator.

As SPJ stated: The advocacy of Oakland Privacy‘s activists pushed the City of Vallejo to follow California law on its use of surveillance technology. At a live-streamed meeting during the early days of the COVID pandemic, Vallejo’s city council approved the police’s deployment of a cell-phone surveillance tech known as a Stingray – without creating a usage policy in a public process, as is required by state law. On Mike Katz-Lacabe’s initiative, Oakland Privacy, Solange Echeverria, and Dan Rubins sued the city, and then, after winning a preliminary ruling, Oakland Privacy fought for revisions to the Stingray policy that were then incorporated by the city council at public meetings. Those changes included banning using the Stingray on First Amendment activity like protests and requiring that quarterly logs of the technology’s usage be released to the public.

You can see all of the winners who have advanced transparency in Northern California and listen to Mike Ktaz-Lacabe’s speech on behalf of Oakland Privacy and co-plaintiffs Dan Rubins and Solange Echeverria here.

Public Records Suit Against the Long Beach Police Department

Aaron Swartz Day Police Surveillance Project (a satellite public transparency project run by Aaron Swartz Day and inspired by Oakland Privacy) and Open the Government (a DC-based transparency org) have filed a joint lawsuit against the Long Beach Police Department for failing to disclose records on their use of cell site simulators and facial recognition technology.

The lawsuit is one of series launched by the Aaron Swartz Day Police Surveillance Project to demand that municipal police departments respond to public records requests. Previous suits against the Sacramento Sheriff’s Department and the Fresno Sheriff’s Department resulted in the release of disclosable records about surveillance technology in use.

You can read the complaint against the Long Beach Police Department below

A Virtual Wall is Trump’s Wall by Another Name

40 civil rights and immigration groups, including Oakland Privacy, wrote to the Biden Administration about plans to replace physical walls with surveillance walls at the Mexico border.

The letter expressed concerns about a sharp increase in biometric data collection, immigrants taking more remote and deathly routes to avoid detection, and the use of the border for “testing” highly invasive military grade surveillance.

Across The Finish Line in Santa Clara County

In June of 2016, Santa Clara County became the first municipality in the country to adopt a surveillance transparency ordinance, also known as CCOPS. Santa Clara’s ordinance, being the first one, is comprehensive.

On January 26, 2021, the Santa Clara County Board of Supervisors approved the first complete set of annual surveillance reports on every technology in use across the county and from all county departments, setting a new record for municipal transparency on the use of spytech.

Congratulations and a big thank you to Santa Clara County and its supervisors for being the first ones to recognize the importance of this law and to take the leap.

Refocusing License Plate Readers

Senate Bill 210 passed the California Senate Judiciary Committee on March 23 by a 9-1 vote.

A bill has been introduced in the CA State Legislature to refocus California’s ubiquitous automated license plate readers from tracking the movements of every driver in California in a mass surveillance exercise. The bill is sponsored by Media Alliance, Oakland Privacy and EFF.

Senate Bill 210 from Senator Scott Weiner (D-San Francisco) would require operators of license plate reader systems to quickly purge any scans that do not match hot lists of vehicles of interest.

This defines the program as one of finding the location of vehicles of interest, not surveilling every driver in the State. SB 210 also requires annual audits to ensure compliance.