The Day The 1st Amendment Died in Berkeley

Update: On October 15th, the Berkeley City Council approved an amendment to their surveillance transparency ordinance banning the use of facial recognition technology, except when from an outside source, unsolicited and tied to a specific individual crime. The Council also approved a pilot deployment of 15 IKE kiosks in the DT, Telegraph and Lorin neighborhoods. After negotiations with privacy advocates, the kiosks were modified to remove pinhole and booth cameras, to scramble MAC address information collected from passing devices and to share no data with third parties without explicit municipal consent.

In August of 2018, violating pretty much every single word of the surveillance transparency ordinance passed unanimously by the City Council in March of 2018, Berkeley’s city manager Dee Ridley-Williams borrowed Avilgon hi-tech cameras from the Homeland Security federal fusion center NCRIC. The IP-enabled cameras are equipped with advanced analytics including appearance search recognition and movement detection. The NCRIC cameras were secretly installed in Civic Center Park (across from City Hall) to spy on a previously announced right wing protest and expected counterprotests. Staff at Homeland Security’s federal fusion center had log-in credentials for the cameras and access to the footage. Berkeley later bought and installed the same camera brand in San Pablo Park a few months later.

WhoWhatWhy podcast on the Berkeley evasion of surveillance transparency with OP’s Tracy Rosenberg

With NCRIC’s robust facial recognition capacities and close collaboration with the FBI and Joint Terrorism Task Force, all individuals in, at, near or by the park or other parts of Downtown Berkeley on August 5, 2018 should assume their identities are known to the Trump Administration and the FBI.

Tenth Amendment Center: Smoking Gun: Feds Partner with Local Police to Facilitate Warrantless Surveillance

Close The Camps at Palantir 9/13

Bay Area activists continue to picket and protest at the headquarters of Palantir Technologies, the Palo Alto software company powering the Trump Administration’s deportation regime.

On one of the hottest days of the year, protestors rallied at the company’s Palo Alto building, covered the ubiquitous security cameras with umbrellas, and marched to (one of) Palantir CEO Alex Karp’s houses in Palo Alto to deliver a petition with 140,000 signatures asking Palantir to stop working for ICE.

Mission Creep – Berkeley’s License Plate Readers

Update: November 12th is the day Berkeley’s automated license plate reader policy hits the council.

Berkeleyside: Berkeley Is Being Bamboozled

Update: On September 4, 2019, Berkeley’s Police Review Commission, which is empowered by the surveillance ordinance to provide recommendations regarding surveillance equipment usage polices, passed on the proposed license plate reader policy with two caveats – a) that the policy represented an expansion of scope beyond parking enforcement purposes and b) that the usage clause to “canvasss any crime scene” was unacceptably broad. The caveats allowed two commissioners to vote yes who were otherwise unwilling to do so, thus allowing the policy to move through the commission. The final vote with the caveats was 6-2-1. The license plate reader policy will be brought to the Council by BPD chief Greenwood later this fall.

In March of 2018, Berkeley passed a surveillance transparency ordinance. Nine months earlier, in July of 2017, the City Council (with 3 dissenting votes) expanded the City’s license plate reader “pilot program” by adding 15 additional readers and making the program permanent. At that meeting, the purpose of the ALPR equipment was clearly defined as parking enforcement and the issuing of parking citations.

Fast forward to 2019, and at a Police Review Commission subcommittee meeting on August 7th, things were a bit different.