From: Nosakhare, Shereda Sent: Friday, December 13, 2013 12:24 PM To: Schaaf, Libby Subject: FW: Oakland IT/City/Port/Police/Fire - Public Records Request Personal Emails - December 5, 2013 PRR SMITH - Due 12/15/13 Subscribe to our D4 newsletter! Shereda Nosakhare Policy Analyst/ Community Liaison Office of Councilmember Libby Schaaf, City of Oakland- District 4 (510) 238-7042 (510) 238-6910 fax snosakhare@oaklandnet.com From: Luby, Oliver Sent: Friday, December 13, 2013 11:58 AM To: Sanchez, Susan; Nosakhare, Shereda Cc: Flores-Medina, Arlette Subject: RE: Oakland IT/City/Port/Police/Fire - Public Records Request - Persona l Emails - December 5, 2013 PRR SMITH - Due 12/15/13 Thanks. Why did Annie To take so long to forward this request to us? Arlette: Since the deadline is this Sunday, we will respond today, but, for futu re reference, we would like to find out about the legal impact on the deadline o f a request to a Council office being sent to another department. In my view, t he deadline should be extended when a requester submits a request to a separate agency where Citywide requests are not processed for intake. When you get a cha nce, could you check on that? Oliver From: Sanchez, Susan Sent: Friday, December 13, 2013 11:01 AM To: Nosakhare, Shereda; Luby, Oliver Cc: Flores-Medina, Arlette Subject: FW: Oakland IT/City/Port/Police/Fire - Public Records Request - Persona l Emails - December 5, 2013 PRR SMITH - Due 12/15/13 Please read the Public Records Request from Joshua Smith below. Due 12/15/13. Y ou can see when I received it. Let me know if you need an extension. Best Regards, Susan A. Sanchez Executive Assistant to the Oakland City Council 1 Frank H. Ogawa Plaza Ste. 226 Oakland, CA 94612 Email: Sasanchez@Oaklandnet.com Phn. #: 510 238-6917 Fax. #: 510 238-6129 cid:image001.png@01CAC443.7E0748E0 From: To, Annie Sent: Thursday, December 12, 2013 5:25 PM To: Campbell-Washington, Anne; Sanchez, Susan; Sonnier, Rheta R Cc: Flores-Medina, Arlette Subject: FW: Oakland IT/City/Port/Police/Fire - Public Records Request - Persona l Emails - December 5, 2013 Dear Records Coordinator, Please see the request below and provide a response to the requestor, Joshua Smi th by 12/15/13. If an extension is needed, please contact Mr. Smith directly. Thanks, Annie To Administrative Services Manager II City of Oakland | Department of Information Technology 150 Frank H. Ogawa Plaza | 7th Floor | Oakland, CA 94612 (510) 238-7494 Office| (510) 238-2281 Fax ato@oaklandnet.com From: Joshua Smith [mailto:occupyoakland@riseup.net] Sent: Thursday, December 05, 2013 1:45 PM To: To, Annie Subject: Oakland IT/City/Port/Police/Fire - Public Records Request - Personal Em ails - December 5, 2013 December 5, 2013 Ms. Annie To Administrative Services Department City of Oakland Oakland, CA RE: Public Records Act Request Attention Public Records Officer(s), Pursuant to my rights under the California Public Records Act (Government Code S ection 6250 et seq.), I ask to inspect/obtain copies of the following, which I u nderstand to be held by your agency/department staff (personally) and/or associa ted parties (personally): I am requesting any and all files/documents/emails (digital and/or paper hard co py) from the personal email account(s) of City of Oakland, Port of Oakland and/o r Oakland Police/Fire Department staff/contractors that pertain directly or indi rectly to the concept, design, planning, construction, implementation and contra ctor qualifications/compliance in regard to the City/Port of Oakland Joint Domai n Awareness Center project ranging in dates from December 2012 through December 2013 (individual parties under this request are as follows): TO/FROM: City of Oakland Mayor Jean Quan DIT (Information Technology) TO/FROM: OPD Interim Chief Sean Whent TO/FROM: Renee Domingo TO/FROM: Ahsan Baig TO/FROM: Deborah Barnes TO/FROM: Deanna Santana TO/FROM: Arturo Sanchez TO/FROM: Dan Kalb TO/FROM: Libby Schaaf TO/FROM: City Attorney s Office (Oakland, CA) [all including staff] TO/FROM: all email addresses ending in @saic.com (and/or per sonal SAIC employee emails) TO/FROM: Annie To In light of this request I advise compliance and notify all respondents that wil lful destruction of communications/records/evidence can and will be used against them within possible State and/or Federal investigations regarding ethics, perj ury, malfeasance and/or obstruction. The willful destruction of communications/r ecords/evidence after the date/time of this request will be logged on the server s of corresponding email providers/ISPs with date/time stamp. In most cases thes e emails are actually retained for up to 24 months from date/time of deletion/de struction and of which we are willing to attain by legal means within the scope of a broader and more attentive action. The exact moment any respondents deletes communications from their personal email account(s), or purposefully withholds communications from their personal email account(s), this may and most likely wi ll be a criminal act. (please read the following information for reference of request standing attached file PDF file) Judge plugs private email loophole in CA public records law and see (March 20, 2013) Peter Scheer In a big victory for open government, a Superior Cou rt judge in San Jose has ruled that the state s Public Records Act applies to gove rnment officials emails and texts about government business EVEN IF those messages are sent or received using the officials private email or text accounts, rather t han accounts belonging to the government. The decision by Superior Court Judge James Kleinberg rejected San Jose s argument that local governments can t be held legally responsible for digital messages that reside in computer servers that they don t own, lease, use or control. Judge Klei nberg reasoned that government officials, when emailing and texting about govern ment business, are functioning as agents of the city. The officials ownership and control of the messages is imputed to the city. The decision is consistent with FAC s 2012 suit against the city of Auburn. That c ase ended in a settlement in which Auburn agreed to adopt policies requiring cit y officials, when emailing about city business using their personal email accoun ts, to cc the emails to a city mail server where they would be stored in a searcha ble archive. In recent years more and more government officials have turned to personal email accounts as a back channel for official communications, believing that those co mmunications are shielded from disclosure under the Public Records Act. The new decision, Ted Smith v. City of San Jose et al., suggests that belief may be mis placed. [Attached] is the full text of Judge Kleinberg s decision. I ask for a determination on this request within 10 days, and an even prompter r eply if you can make that determination without having to review the records in question. If you determine that some but not all of the information is exempt from disclos ure and that you intend to withhold it, I ask that you redact it for the time be ing and make the rest available as requested. In any event, please provide a notification citing the legal authorities on whic h you rely if you determine that any or all of the information is exempt and wil l not be disclosed. If I can provide any clarification that will help expedite your attention to my request, please contact me. I ask that you notify me of any duplication costs ex ceeding $20 before you duplicate the records so that I may decide which records I want copied. Thank you for your time and attention to this matter. Sincerely, Joshua Smith occupyoakland@riseup.net From: Harriette Jensen Sent: Thursday, December 12, 2013 5:17 PM To: Schaaf, Libby Subject: Domain Awareness Center The City of Oakland is coming under fire, justly, for spending time and resource s on the DAC when Oakland has other, more pressing problems and its citizens ce rtainly don't need less privacy. http://www.alternet.org/civil-liberties/does-oakland-really-need-high-tech-domai n-awareness-center-evidence-suggests Old Tennessee Saying: "When you have the facts on your side, argue the facts. When you have the law o n your side, argue the law. When you have neither, holler." -----------------------------------------------------------------------------------------------------------------Hoisington/Horsington Family Web Site http://hoisington-horsington.com/index.php From: Joshua Smith Sent: Wednesday, December 11, 2013 11:03 PM To: Santana, Deanna; Barnes, Deborah; sbaig@oaklandnet.com; Kalb, Dan; Kerni ghan, Pat; McElhaney, Lynette; Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry; Kaplan, Rebecca Subject: "We are not a Fusion Center." -R.Domingo #DAC Attachments: we_are_not.jpg From: Joshua Smith Sent: Tuesday, December 10, 2013 7:16 PM To: Santana, Deanna; Barnes, Deborah; sbaig@oaklandnet.com; Kalb, Dan; Kerni ghan, Pat; McElhaney, Lynette; Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry; Kaplan, Rebecca Subject: Chicago Fusion Center (the reference/model for the Oakland DAC) Oakland City Council: 1. First read/view this (very important): bit.ly/1czISYC 2. Then see attached email image. 3. Then ask yourselves generally if you really know what is going on regarding t he DAC [surveillance society]? 4. Then ask yourselves specifically How much truth are we being given by Renee Do mingo? and "What crimes are we witnessing and/or being accomplice to?" 5. It is all going to come out publicly very soon you might want to publicly reve rse your decisions and run for cover before the media shitstorm arrives. It s goin g to get really good soon. 6. The people attempted to speak out about the realities of what is going on, an d you didn t listen. In fact, you went directly against everything you were and ar e being told (and shown). 7. Libby Schaaf: This is going to become a large issue in your campaign e New York Times. Ouch! and in th 8. Now, quickly forward this email to others with questions and comments like Hav e you seen this? and/or We need to address this very soon in a private meeting. (Do n t forget to CC the City Attorney s office.) NOTE: THIS EMAIL IS NOW IN THE PUBLIC RECORD. PUBLIC RECORD REQUEST KEYWORD SEARCH TERMS/TAGS: JOINT DOMAIN, DAC, PORT OF OAKL AND, MARITIME, FEDERAL GRANT, DOMAIN AWARENESS CENTER, SURVEILLANCE, VIDEO CAMER AS, SNOWDEN, DHS, FEMA, SAIC, FUSION CENTER, OPENGOV, OPEN GOVERNMENT, SMART CIT Y, SMART CITIES, TERRORISM, LIBBY SCHAAF, ACLU, EFF, 4TH AMENDMENT, FOURTH AMEND MENT, POLICE STATE, SURVEILLANCE STATE, SURVEILLANCE SOCIETY, CORRUPTION, UASI, BAYRICS, FIRSTNET, FACIAL RECOGNITION, FIELD FINGERPRINTING, BIOMETRICS, POLICE BRUTALITY Happy Holidays, Joshua Smith Key to 1984 wasn t that everyone was always being watched; the knowledge one could be is what imposed fear. Glenn Greenwald From: Ali Winston Sent: Tuesday, December 10, 2013 3:45 PM To: Schaaf, Libby; Darwin BG Subject: DAC - time to sit down tmw? Hi Libby, Good running into you today - fortunate on our part. We've got to file our draft by 1 PM tomorrow, but would like to get some comment from you on those emails w e handed off today. Do you have any time tomorrow before then? I know the counci l runs late, so we can be flexible. Please let us know when you can, Best, Ali Winston 917-334-5403 @awinston From: Joshua Smith Sent: Tuesday, December 10, 2013 3:12 PM To: Santana, Deanna; Barnes, Deborah; sbaig@oaklandnet.com; Kalb, Dan; Kerni ghan, Pat; McElhaney, Lynette; Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry; Kaplan, Rebecca Subject: R. Domingo told the Council (and the people) that DAC was NOT a "Fusion Center"... Attachments: dac_fusion_center.jpg From: Ali Winston Sent: Friday, December 06, 2013 10:05 AM To: Schaaf, Libby; Darwin BG Subject: EBX interview re: DAC developments? Good morning Councilmember Schaaf, First off, I hope you're well and had a relaxing Thanksgiving. Darwin Bond-Graha m and I have obtained extensive e-mail and other records (several thousand pages ) pertaining to the Domain Awareness Center surveillance center project (DAC). The records we have raise very serious questions about the DAC project. For exam ple, it appears that SAIC employees may have perjured themselves when they signe d the DAC contract. It appears city staff rushed the project and didn't do due d iligence on the contractor's nuclear weapons ties. That's just one of many issue s we have found in these records - others include the planned scope of the DAC a nd how this program expanded beyond the port, and whether the council's privacy resolution will actually restrict the data sources and retention of video and ot her data that will feed into the DAC. Please let us know as soon as possible if you are available for a sit-down inter view about this topic. We're willing to share the documentation of these facts w ith, and would like to see how what we learned squares away with your understand ing of the project and how the council's actions to date actually will impact th e development and design of the DAC. Darwin and I are scheduling news stories right now to run in two weeks, so our f irst deadline is Tuesday of next week. Look forward to hearing from you, Ali Winston 917-334-5403 @awinston From: Darwin BG Sent: Tuesday, November 26, 2013 12:57 PM To: Schaaf, Libby Cc: Ali Winston Subject: We'd like to interview to you re: Domain Awareness Center Hi Libby, Ali Winston and I have obtained several thousand pages of e-mails, memos, briefi ngs, and other documents pertaining to the DAC project. The records we have raise several very serious questions about the DAC, the proc ess by which the project was approved, the ultimate aims of the project, and the conduct of the Phase 1 contractor SAIC. One problem pertains directly to the Pr ivacy and Data Retention Policy you worked very hard on. Will you have 30 minutes or an hour for a telephone discussion on these issues? Ali and I can send you select information we have culled in advance so that you are fully briefed. We'd like to talk sometime this week, or on Monday or Tuesday of next week. We are scheduling news stories on the DAC right now to run in two weeks, so our first deadline is Tuesday of next week. Please let us know as soon as you can. Thanks, Darwin ----------------------------Darwin BondGraham Sociologist, Journalist (504) 322-3409 darwinbondgraham@gmail.com ---------------------------From: Stoffmacher, Bruce Sent: Thursday, November 21, 2013 3:50 PM To: Schaaf, Libby Cc: Ruhland, Lisa Subject: request for DAC phone interview Adam Hudson 925 216-6146 Hudson.adam1@gmail.com Alternet is online publication He s hoping for a brief cell phone call about why Libby voted yes on DAC Bruce Stoffmacher Community Liaison / Policy Analyst Office of Councilmember Libby Schaaf, City of Oakland - District 4 o: (510) 238-7041 f: (510) 238-6129 bstoffmacher@oaklandnet.com To subscribe to our newsletter, click: here ! From: David Foecke Sent: Tuesday, November 19, 2013 12:59 PM To: Schaaf, Libby Cc: Nosakhare, Shereda Subject: Please oppose funding for the DAC Dear Ms. Schaaf: I urge you to oppose funding the "Domain Awareness Center." I'm very surprised the the City is considering going along with this project, gi ven what the Snowden revelations have shown about the federal government's overr each in spying on U.S. citizens. Do we really want Oakland to be on the forefront of warrantless spying on its ci tizens? Do we really want to trust the federal government with these huge datab ases of information gathered without citizens' consent? The civil liberties implications are staggering. Please send me information about your position on this controversial subject. Sincerely, - David Foecke From: Domingo, Renee Sent: Monday, November 18, 2013 6:56 PM To: Schaaf, Libby; Stoffmacher, Bruce Subject: Fw: Invitation to attend City of Oakland Working Group meeting o n Friday 11/15/13 at 1 pm-Building Bridges Room FYI. An update on this item, re: ACLU and Privacy Policy. ________________________________ From: Domingo, Renee To: 'llye@aclunc.org' Cc: DeVries, Joe; Sotelo, Amadis; Fierro, Rocio; Breshears, Eric; Baig, Ahsan; F lores-Medina, Arlette; Scott, Deidre; 'parker@eff.org' Sent: Mon Nov 18 18:46:37 2013 Subject: Re: Invitation to attend City of Oakland Working Group meeting on Frida y 11/15/13 at 1 pm-Building Bridges Room Hi Linda: Welcome Back! We would like schedule a meeting the week of December 9th with you and Parker Higgins. Please provide a few dates and times for that week for us to meet and also if yo u wouldn't mind coming to the City of Oakland for our first planning meeting. As we previously stated, we would like to work with you and Mr Higgins on develo ping the Oakland Privacy Policy for the DAC Video and Data Retention and we also envision a 30-60 day public review process to include community, residents and any other stakeholders that would like to weigh in on the draft policy before we go to City Council in late March 2014. So, that said we have an aggressive time line to come up with a draft policy and have it reviewed and commented on by the Public. On behalf of the City of Oakland, we look forward to working with you, the ACLU and Parker Higgins on behalf of the Electronic Frontier Foundation. I will await some dates and times for the week of December 9, 2013. Best Regards, Renee Domingo . ________________________________ From: Linda Lye To: Domingo, Renee Cc: DeVries, Joe; Sotelo, Amadis; Fierro, Rocio; Breshears, Eric; Baig, Ahsan; F lores-Medina, Arlette; Scott, Deidre; parker@eff.org Sent: Mon Nov 18 15:39:36 2013 Subject: RE: Invitation to attend City of Oakland Working Group meeting on Frida y 11/15/13 at 1 pm-Building Bridges Room Dear Ms. Domingo, Apologies for my delay in responding. I was out on medical leave last week and returned to the office today. I m also cc ing Parker Higgins at the Electronic Fron tier Foundation. My schedule is very tight for the next few weeks. The week of Dec 9 or 16 I might have some time. Thank you for reaching out to us. All best, Linda Linda Lye Staff Attorney, ACLU-NC From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, November 12, 2013 5:35 PM To: Linda Lye Cc: DeVries, Joe; Sotelo, Amadis; Fierro, Rocio; Breshears, Eric; Baig, Ahsan; F lores-Medina, Arlette; Scott, Deidre Subject: Invitation to attend City of Oakland Working Group meeting on Friday 11 /15/13 at 1 pm-Building Bridges Room Importance: High Dear Ms. Lye: The City of Oakland has formed a internal working group to develop the Oakland D AC Privacy Policy for Data and Video Retention. We would like to invite you to our upcoming Friday, 11/15/13, Working group meet ing that will be from 1 to 2 pm in City Hall at the Building Bridges Conference room. We would very much appreciate your time and expertise as we move forward in deve loping the Oakland DAC Privacy Policy to ensure we meet the needs and requiremen ts of privacy of all of our community members related to the Oakland DAC and the cameras installed in public places that have been installed by numerous organiz ations in the City of Oakland, CA that will be sharing their feeds with the DAC. If this time is not convenient for your schedule, please also propose a few date s and times, so that we can arrange a meeting with you and any other Privacy exp erts that you recommend should be at the table to discuss this matter and develo p a Privacy Policy that serves as a best practice for DACs. We look forward to meeting with you soon. Sincerely, Renee A. Domingo Director, Emergency Services and Homeland Security From: Center for Progressive Action Sent: Wednesday, November 13, 2013 2:36 PM To: Schaaf, Libby; Stoffmacher, Bruce Subject: Meeting regarding Domain Awareness Center Hi Councilmember Schaaf, It was really nice to meet you again yesterday at the council meeting. Thank yo u for speaking with us afterward about the DAC! As an activist for 5 years in O akland no issue has ever touched so close to home or concerned me more deeply, s o I look forward to meeting with you and your staff person as soon as possible a s there is a council vote next Tuesday on the issue. Please let me know when a good time to meet is, thank you! Sincerely, -Zaigham Kabir formerly of the Oakland Climate Action Coalition, Center for Progressive Action, Peace Action West & Progressive Democrats of the East Bay From: Stoffmacher, Bruce Sent: Tuesday, November 05, 2013 1:00 PM To: Ruhland, Lisa Cc: Schaaf, Libby; Domingo, Renee; Baig, Ahsan; Barnes, Deborah Subject: DAC on Public Safety Nov 12 Lisa, Ahsan wants to give Libby a short 20 min prep before Nov 12 Public Safety re Dom ain Awareness, can you schedule something? Deborah, Ahsan suggested maybe you sh ould be included. Bruce Bruce Stoffmacher Community Liaison / Policy Analyst Office of Councilmember Libby Schaaf, City of Oakland - District 4 o: (510) 238-7041 f: (510) 238-6129 bstoffmacher@oaklandnet.com To subscribe to our newsletter, click: here ! From: Rob Blackwelder Sent: Thursday, October 31, 2013 2:34 AM To: Kalb, Dan; Kernighan, Pat; McElhaney, Lynette; Schaaf, Libby; Gallo, Noe l; Brooks, Desley; Reid, Larry; Kaplan, Rebecca Subject: Domain Awareness Center Big Brother is not the answer Council Members, I know crime is a big problem in Oakland, but wholesale violation of citizens' privacy is not the answer. You may be able to convince yourselves that the DAC is justified because of the severity of the current problem. But unless you include strong scratch that unbreakable measures to prevent abuse of these tools and the expansion of their use into other areas and other kinds of crime, you're inviting trouble. Especially if you're contracting with for-profit companies for these tools. Once they have their hooks into Oakland, they will look for ways to maximize their profits. I know this vote has already taken place, but it was irresponsible, and I hope enough of you will eventually see your way clear to not using taxpayer dollars to push Oakland toward becoming a surveillance "state." Rob Blackwelder 360 Vernon St #307 Oakland, CA 94610 H: 510.268.8818 C: 510.332.9960 robblackwelder@yahoo.com From: Sengupta, Somini Sent: Tuesday, September 17, 2013 12:10 PM To: Schaaf, Libby Subject: new york times request Council member, I'm a technology reporter with The Times and an Oakland resident. I am writing a story that is in part about the Oakland Domain Awareness Center and wanted to r each out to you and get your voice in the story. I can be reached on my cell bel ow. Somini Sengupta The New York Times +14156443313 +14158348691 (m) @SominiSengupta http://nyti.ms/aUROxH From: jim emkey Sent: Tuesday, September 03, 2013 10:38 AM To: At Large; Chan, Ada; Jones, Andre; Eide, Cathey; Burgos, Claudia (was Ji menez); Farmer, Casey; District 3 Intern; Brooks, Desley; Kalb, Dan; Gerard, Jen nie; Reid, Larry; Schaaf, Libby; Gallo, Noel; Luby, Oliver; Kernighan, Pat; Mahe r, Sean; Wald, Zachary Subject: Domestic Awareness Center Attachments: 070.jpg; 048.jpg; 054.jpg; 047.jpg I am very worried about all this surveillance. I am very worried about this company SAIC. I am very worried about the fact that shotspotter can listen to us and store ar guments and lie about it. I am very worried that my council members did not properly understand the depth of this DAC I am very worried at all of these cameras I noticed on my daily walk. Can you explain to me what these cameras are for, and if they are going to be connected to the DAC? , I've included the photos of these cameras. THey are not traffic cameras or Re d light cameras? What are they? Do you know what motion sensor cameras can do? Would you support facial recog nition? Did you read the article in the ebexpress about SAIC? If so what is your react ion? If you haven't read it yet, can you please do so before voting for any more contracts for this company. http://www.eastbayexpress.com/oakland/oaklands-surveillance-contractor-has-a-his tory-of-fraud/Content?oid=3693913 From: Sent: Bryan Westfall Tuesday, August 20, 2013 12:53 PM To: Schaaf, Libby Subject: Re: Media Inquiry re: DAC Ms. Schaaf, I see you're on leave but there's still some time if you want to chime in. I'd r ather avoid speculating. Thanks, Bryan On Aug 15, 2013 10:52 AM, "Bryan Westfall" wrote: Hello again, I'm currently writing a piece on the idea of the Bay Area city leaders and law enforcement reaching out for counsel from experts when confronted with something like the DAC in Oakland. What I would love to know from you is a few things. Firstly, I'd love to know the overall philosophy of the council (if there is one, as members do come and go) on seeking counsel on topics from the experts (such as from the ACLU on the DAC). I know in this specific case you had a meeting with Linda, and Mr. Kalb said you've adopted some ideas for privacy protection before the DAC is running....but she mentioned to me that she recommended you all don't move forward with the DAC as outlined here: https://www.aclunc.org/blog/blog_-_aclu_urges_oakland_cit y_council_to_put_the_brakes_on_surveillance_center.shtml What I'd love to know is, in this case and overall, the approach to what advice from experts to embrace and what not to. What I want to accomplish with this piece is to give the public in the Bay Area a sense of how open their city/county leaders and law enforcement are to counsel on very important local topics. Look forward to hearing from you, Bryan morecontext.net PS. I have no means to record a phone convo to accurately quote from, so email works best. On 7/25/13, Bryan Westfall wrote: > Linda is great. She helped me with information for my last piece on Ah ern's > > > > > have > > > > > e: > the time. Very much appreciate the response. Thank you. Bryan On Jul 25, 2013 2:45 PM, "Schaaf, Libby" wrot drone desire. Glad you're getting together on the DAC before the next council meeting. Sadly I don't have the means to record a phone convo to be able to accurately quote from. I need to stick to email for now. Whenever you >> Bryan >> I put together a meeting with Linda Lye of ACLU, which is happening at 3 >> today. Port will be there too. I don't have time to respond to all th is >> >> >> >> >> >> >> >> >> >> >> sion >> creep' in the Bay Area. Please let me know if you need any clarificat ion >> on >> questions etc. Looking to publish early next week. >> >> Thanks! >> Bryan Westfall >> >> >> On Sun, Jul 21, 2013 at 9:24 PM, Bryan Westfall < >> forabitmorecontext@gmail.com> wrote: >> >>> Hello, >>> >>> My name is Bryan Westfall and I am an independent journalist based i n >>> >>> >>> >>> >>> f >>> wanting a drone, SFPD Chief Suhr wanting more cameras on Market St.) >>> >>> My approach to this piece is as a regional matter. I know you are >>> concentrated on Oakland affairs, such as the DAC, but I'd also love to >>> ask >>> you a few questions on how the DAC might play into mission creep in the >>> >>> >>> >>> >>> case >>> >>> facID=579) >>> >>> >>> >>> here's a link to audio from Jennifer Urban ( http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php? speaking at a town hall on drones (link) in Berkeley: https://soundcloud.com/forabitmorecontext/berkdrone-jennifer-urban (start at :45 mark) region. Because of this approach I'd like to introduce you to some coverage of the privacy discussions in neighboring cities I'm sure by now you've heard the idea of mission creep, but just in the East Bay. My website can be found here: http://morecontext.net I'm writing a piece on the idea of 'Mission Creep' in the push for progressing surveillance in the Bay Area (Oakland's DAC, ALCO Sherif right now. Could we talk by phone tomorrow? Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 25, 2013, at 9:51 AM, "Bryan Westfall" < forabitmorecontext@gmail.com> wrote: Hello, Just following up on the email I sent you Monday re: the DAC and 'mis >>> >>> Ms. Urban states, With mission creep: "The expansion of the new >>> technology will >>> expand and sometimes this meets with public expectations and sometim es >>> this does not meet with public expectations." >>> >>> Question: I attended the City Council meeting on July 16th and while I >>> noticed a spirited debate between the council and the privacy advoca tes, >>> >>> >>> >>> d >>> the >>> DAC? Do you think this integration of existing cameras (mission cree p) >>> meets with public expectations? >>> >>> Back in February there was an Alameda Co. BOS meeting on drones in >>> Oakland ( >>> https://www.eff.org/deeplinks/2013/02/eff-and-aclu-testify-against-d rone-use-alameda-county). >>> Trevor Timm from the EFF spoke out against the purchase of a drone f or >>> many >>> reasons, one of which being a lack of "binding and substantive priva cy >>> safeguards." He went on to state "it is crucial to have rules of the >>> road >>> in place now. Because once the door is opened, it will become much >>> harder >>> to restrict drone use in the future." >>> >>> Question: I know Oakland is talking about cameras not drones, but >>> considering the lack of understanding that some of the council and >>> system >>> architects seemed to have on how the DAC would work (would it record >>> etc), >>> what kind of steps are being taken to better understand the system? Is >>> the >>> 2 weeks you've given yourselves long enough to create, understand, a nd >>> publicly vet operating guidelines (or 'best practices')? Are you >>> comfortable approving 2mil for a program that is still being >>> "work-shopped"? >>> >>> Berkeley has an anti-drone push which predates even the Sheriff's >>> request >>> for one. In May they held a town hall on drones ( >>> http://forabitmorecontext.tumblr.com/post/49446839744/if-berkeley-ca nt-stop-drones-theres-little) >>> and >>> invited the public to come and dialogue with the Peace And Justice >>> commission and Police Review Commission. Each of those commissions h as a >>> subcommittee on drones, but each full commission was in attendance. it made me wonder what kind of outreach have you and the rest of the council done with the public to make sure the people you represent understan >>> >>> Question: Have you had conversations with city leaders in Berkeley o r >>> San >>> Francisco re: the feedback they've had from their public on matters of >>> increased surveillance? >>> >>> ALCO Sheriff Ahern has talked with the ACLU about guidelines for use if >>> he should purchase a drone. >>> >>> Question: Have you sought advice from civil liberties/rights orgs ab out >>> >>> >>> >>> >>> de >>> >>> >>> >>> >>> >>> ou >>> could give me on these issues would be fantastic. I'm hoping to publ ish >>> >>> >>> >>> >>> >>> >> >> > by the end of the weekend. Thanks! Bryan Westfall very strong arguments to Chief Suhr about making sure it's absolutely necessary and the need to make sure both privacy and safety are addressed. I know you are all very busy keeping Oakland running. Any feedback y the DAC? The SF Board of Supervisors have pushed back (in a meeting back in April) against the proposed cameras on Market. Supervisor Mar and Campos ma From: Schaaf, Libby Sent: Thursday, August 08, 2013 4:22 PM To: Luby, Oliver Cc: Schaaf, Libby Subject: FW: Domestic Awareness Center. Comments, research, and links for Dan Kalb and Oakland City Council. Oliver has your office responded to this? Bruce (on Libby s email). From: jim emkey [mailto:letswakeupoakland@gmail.com] Sent: Thursday, August 08, 2013 2:02 PM To: Luby, Oliver; Kalb, Dan; Kernighan, Pat; Gerard, Jennie; District 3 Intern; Farmer, Casey; Wald, Zachary; Schaaf, Libby; Gallo, Noel; Burgos, Claudia (was J imenez); Brooks, Desley; Reid, Larry; At Large; Jones, Andre; Chan, Ada; Maher, Sean Subject: Domestic Awareness Center. Comments, research, and links for Dan Kalb a nd Oakland City Council. Hi, I am the guy who "complained" to you(Oliver Luby) on the phone last week. Than ks for your time. I am extremely concerned with the continued surveillance state in this countr y. I am extremely disappointed that you do not take the residents of Oakland's privacy concerns, and 4th amendment protection of our privacy, more seriously. I am extremely disappointed Mr. Kalb was enthusiastic about this new technology to continue to keep watch on the city of Oakland, without raising questions abo ut any privacy matters, until they were eventually brought up by many at the me eting, including a lawyer from the ACLU. Mr. Luby told me in our phone conversation that taking free money is a no-brai ner for a politician. As a newcomer to politics I'm glad to see that Mr. Kalb is already part of the "good ole boys" Maybe you can make more of a name for yours elf by standing up to what your constituents are actually trying to tell you. We are concerned about the growing surveillance and police state in this country a nd this city in particular. I, and many speaking out, are trying to tell you we are not ok with being watched and listened to 24/7. I am not OK with the expansi on of the DHS. I am interested to know how the missing councilmembers would have voted. Mr. Reid, and Ms. Brooks. We already live in Oakland a NON CONSTITUTIONAL ZONE! http://www.aclu.org/technology-and-liberty/fact-sheet-us-constitution-free-zone . http://www.storyleak.com/media-live-in-post-constitutional-america/ In Dan's clause to the proposal he states. "The city wants to ensure public co nfidence in the DAC" How has/will he done/do this?. Do you find that the publi c has any confidence in the protection of data? Do you have any confidence that the DHS or others won't use this info? How are you in City Council going to ensure us that our information will not be reviewed, stored, decimated, and used to spy on us.How can you prove to Oakl and they won't. Will you blindly trust safeguards put in by a "corrupt" contract or? What will you do about it if they do? Will you accept the responsibility in this experiment with the 4th amendment? Am I being paranoid? Not really. I fol low the news. I actually listen to what the NSA whistle-blowers are trying to te ll us. Ed Snowden is but one of many who are telling us not to trust the intelli gence gatherers. What they are saying loud and clear is this. "Big brother is here, We are being spied on in many ways we don't even think about. They lie to us and tell us that this data is anonymous and is "metadata" They lie. It is used for politics, bl ackmail, spying on loved ones and personal enemies. It is used by people with ve ry little govt clearance. "More than half of SAIC's (44,000)employees have secur ity clearances." There are too many stories out there to not be concerned about this. https://www.eff.org/es/nsa-spying/faq http://www.techdirt.com/articles/20130805/10035024070/dea-not-only-gets-intellig ence-data-then-is-instructed-to-cover-up-where-it-gets-info.shtml I asked what Mr. Kalb's reaction was when he heard what Ed Snowden is trying t o tell us. Mr. Luby was vague in the response, saying to the effect of "he's no t sure exactly but suspects he is concerned" Well can I please ask again, What was Mr. Kalb's reaction to the NSA's over reach into our 4th amendment. ? http://www.theguardian.com/world/2013/jul/31/nsa-top-secret-program-online-data If the answer is that he is very concerned, can you tell me why would he vot e to hand the contract to build the network infrastructure to a company that" cl oaks its operations in great secrecy" and whose" biggest projects have turned ou t to be colossal failures," , a company that makes money on our wasteful and ove rspending govt. as the 4th largest defense contract,company.? SAIC The very sam e company that helped the NSA and CIA spy on the US and LIE about it. Not only t hat but the newest scandal just revealed by Snowden is the Xkeyscore the comple te and total collection of everything we do on the internet, this technology was developed by... can you guess? Not only that but every time the whistle-blowe rs mention another program, as far as I can tell, SAIC is behind it. Also look u p.project " Stellar Wind". "Trailblazer", Turbulance" http://cryptome.org/2013/08/nsa-xkeyscore-saic.htm This article from 2007(!) reads like a horror story. please comment. http://www.vanityfair.com/politics/features/2007/03/spyagency200703 "And no contractor cloaks its operations in greater secrecy....a mounting collec tion of government audits and lawsuits brought by former employees for a variety of reasons, some of them personal and some coming under federal whistle-blower statutes...a review by Vanity Fair of thousands of pages of documents, including corporate e-mail messages, offers disturbing revelations about the company's in ner workings, its culture, and its leadership...--. .. In recent years the compa ny has obviously made many missteps, and yet SAIC's influence in Washington seem s only to grow, impervious to business setbacks or even to a stunning breach of security..--...SAIC has displayed an uncanny ability to thrive in every conceiva ble political climate. It is the invisible hand behind a huge portion of the nat ional-security state the one sector of the government whose funds are limitless an d whose continued growth is assured every time a politician utters the word "ter rorism".....Often they do this work outside the public eye, and with little offi cial oversight even if it involves the most sensitive matters of national security ...--.. In recent years the company has obviously made many missteps, and yet SA IC's influence in Washington seems only to grow, impervious to business setbacks or even to a stunning breach of security..--....Beyster aggressively packed his company with former generals, admirals, diplomats, spies, and Cabinet officers of every kind to fill the company's board of directors and the upper echelons of its staff. These were the kinds of people who would always have easy access to the agencies they had left behind and who someday might even go back into governme nt. And if you left SAIC to go back into government service, you had considerabl e incentive to keep SAIC's continuing good fortunes in mind...--.....SAIC execut ives have been involved at every stage of the life cycle of the war in Iraq. SAI C personnel were instrumental in pressing the case that weapons of mass destruct ion existed in Iraq in the first place, and that war was the only way to get rid of them. Then, as war became inevitable, SAIC secured contracts for a broad ran ge of operations in soon-to-be-occupied Iraq. When no weapons of mass destructio n were found, SAIC personnel staffed the commission that was set up to investiga te how American intelligence could have been so disastrously wrong...--...Once t he project was under way, the SAIC manager overseeing the job realized that the work would cost much less than the amount SAIC had negotiated... his SAIC superi ors suggested that he "harvest money out of [his] project and send it up the cor porate ladder..Was SAIC using the same formula in thousands upon thousands of ot her contracts it had with the government?.."" So it seems to me that we accepted the $2m grant, and gave it to a wasteful,secr etive,nefarious, defense contractor that has sold meta-data software that was us ed to collect anything and everything illegally used by NSA and CIA etc. What did I miss. ? How much more are you planning on giving them to lie, spy, and violate our rights? We do NOT have to accept money from crooked, bloated, ineffective government a gencies under the guise of Protecting us Oaklanders. Say no to the DHS, help dec lare Oakland a Constitutional Zone. Help us fight back against a Big Brother St ate. This is a report on DHS by Homeland Security Committee, chairman Rep Bennie Thom pson in 2008 "DHS leadership has permitted a system of waste, abuse, mismanagement, vague contractual terms, overspending, bonuses for bad performance, contractors being hired to oversee contractors and the same missteps over and over again...A casual look at some of the Department s efforts leads to disturbing findings: $5 million dollar a mile fences; TWIC cards that can t be read; Ships that don t fit into ports; Formaldehyde soaked trailers that make the occupants sick, and An information sh aring program that law enforcement personnel do not want to use." or this. http://www.huffingtonpost.com/2011/09/09/september-11-homeland-security-spending _n_953288.html "It opened a floodgate of money for private industry to sell scanners and other devices," said Charles Perrow, a Yale sociology professor who has called the cre ation of DHS "The disaster after 9.11""A lot of money was kind of thrown at the problem," said John Gannon, a former deputy director of the CIA.....You certainl y had an insufficient and an inexperienced contracting team," said former DHS In spector General Clark Kent Ervin. "And you certainly had rapacious contractors." Listen to what these reports are saying. DHS wastes money in a big way and throw s it a defense contract teams. Sounds exactly what this City Council wants to d o. I hope this helps you guys connect these dots. Stand up to them. Let this be come a big talking point in Oakland. Lets get everyone talking about it. You wil l be considered, stand up politicians. will cause debate on real issues, and wil l help the unaware get involved in what is really going on. A win, win, win. Th is can help cause national debate. Remember this Oakland issue was on reddit. Yo u had a student from Harvard saying she is debating your interesting decision in her class. You have Ed Snowden and others bringing attention to this. You at least need to take a good hard look at SAIC and think seriously about lea ving them out of your final equation. According to an article in the east bay express,in 2011 there were 1871!! open r equests for analysis of crime scene data. Let's stop accepting and spending mone y on ineffective totalitarian surveillance, and start being hands on and actuall y spending money on things Oakland does not have that most Police Dept do. OPD has requested 1.3 million for 13 full time staffers . Oakland has an avg o f 30 open criminal cases, 6x the state avg. Oakland has a response time at 14.8 mins. double the times of SF, Anaheim, Fresno, Sacramento. Can you show me how any of the surveillance has lowered this extremely high number. How do these other cities manage such a better level of efficiency than Oakland in most statistics. How has shotspotter specifically improved these time s or numbers. ?(I'm guessing I will just have to research that myself too) Is this new technology effective? All this spying by the NSA , all of this erod ing of our bill of rights, all of this about non constitutional zones. This tech nology just doesn't deter any crime or "terrorism" Please point me to one repor t or reason that this surveillance system will help protect us from crime(terror ism) Since the Patriot Act was introduced in 2001, and with hundreds of millions of phone calls recorded, they maybe, might have caught ONE, that is 1. http://www.democracynow.org/2013/8/1/nsa_confirms_dragnet_phone_records_collecti on effectiveness of CCTV http://www.no-cctv.org.uk/caseagainst/london_cameras_versus_clearup.asp What kind of research or time has Mr. Kalb or city council spent looking into the DAC and its legality? Why did he on July 9th, sound excited? "sounds good to me!" On July 16th he tried to imply that the public should be aware of , and be there to inform him on things he didn't know "I wish you guys were here 2 weeks ago for the public safety meeting" , like having the OUSD feed go to the DAC, a nd not having any plans or knowledge of what they would do concerning storage of the data. Why didn't Mr. Kalb or anyone else raise additional questions about the Lic Pl ate reading technology.? ACLU specifically raised this point that was either mis sed or ignored by everyone there. This should NOT be part of the DAC. Do you know what kind of video analytics DAC would be capable of in July '14? Ms. Gibson McElhaney asked if there was "video movement or facial recognition te chnology?" The spokesman just referenced the facial rec, does this mean there W ILL be video movement analysis? What this an oversight, or what would that mean exactly? Are you able to tell me any more info on Shot Spotter technology. ? How many a re now in Oakland? How many are in district 1? What is the effectiveness ? What have you done to ensure they are not listening to and storing conversations on t he street? Oh yeah I had to inform Mr. Luby on the fact that the people who run that company lied to us. Can you please do something about that? Comments? http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20120111/NEWS/20111033 9 "ShotSpotter officials say their acoustic sensors, set up to detect gunfire, ar e not designed to record conversations on the street. However, court documents s how that audio surveillance helped provide specific details that enabled police to string together the sequence of events that ended in the fatal shooting of Pi na, 20, in the South End. The apparent ability of ShotSpotter to record voices on the street raises que stions about privacy rights and highlights another example of how emerging techn ologies can pose challenges to enforcing the law while also protecting civil lib erties.....On Jan. 6, during bail arguments for Jonathan Flores, 20, who is char ged with murder, Assistant District Attorney Dan Hourihan said ShotSpotter recor ded the arguing and yelling at the corner of Dartmouth and Matthew streets." Questions every politician should ask of themselves. When will you consider t he war on terror over? What liberties are you ok with losing, and what would be going to far? Then I would ask why a $2m port grant for terrorism includes surveillance of ALL residents. I look forward to any response, I look forward to any further discussion on th ese issues. I am not going away. I have only recently(2+years)begun to dig into the constr aints that the government has been putting on the American people. I am supposed to be a free person. I am supposed to be protected and represented by people th at swore an oath to the CONSTITUTION OF THE UNITED STATES. I'm guessing you've read this part , its at the very top. SECTION 1. All people are by nature free a nd independent and have inalienable rights. Among these are enjoying and defendi ng life and liberty, acquiring, possessing, and protecting property, and pursuin g and obtaining safety, happiness, and privacy. I will personally hold all of you accountable for voting against anything you' ve sworn to from this point forward. I am going to do my best to promote these i deals. I helped start a youtube channel to keep an eye on your guys."WakeUpOakl and" I am going to use my many personal oakland contacts and start promoting the rights we have as free Americans leaving in the free state of California. The g reat people of Oakland deserve to have their liberties protected, our public ser vants to listen the people. We need the Police to Protect and Serve. Not spy, in timidate, and violate rights. We need our Fire Dept to come up with local plans and policies that don't tie into DHS money and rules. As a resident in district one in Oakland, I now put Mr. Kalb and the city co uncil on notice. I am watching you. I'll leave you with this. As Philip Dick put it in an interview for SF Eye magazine in 1996: "Any government which assumes that the population is going to do something evil has already lost its franchise to govern. The tacit contract between a governmen t and the people governed is that the government will trust the people and the p eople will trust the government. But once the government begins to mistrust the people it is governing, it loses its mandate to rule because it is no longer act ing as a spokesman for the people, but is acting as an agent of persecution". Lo ve Jim. From: Sent: To: Concerned Citizen Friday, August 02, 2013 5:01 PM Kalb, Dan; Kernighan, Pat; McElhaney, Lynette; Schaaf, Libby; Gallo, Noe l; Brooks, Desley; Reid, Larry; At Large Subject: "Domain Awareness" Contractor SAIC is the NSA's Biggest "Custome r" This is who you got in bed with when you chose to pass the DAC. I am literally s ick with this council right now. Shame for sure. "SAIC has a somewhat symbiotic relationship with the NSA: The agency is the comp any's largest single customer, and SAIC is the NSA's largest contractor." http://www.crocodyl.org/spies_for_hire/saic_science_applications_international_c orporation http://www.corpwatch.org/section.php?id=17 From: Kernighan, Pat Sent: Thursday, August 01, 2013 11:47 AM To: Schaaf, Libby Subject: Fwd: Domain Awareness Center Privacy Policies Attachments: Domain Awareness Center Privacy Policies Fyi, Pat Sent by City Council President Pat Kernighan from an Android mobile device. Plea se excuse typos and brevity. -------- Original message -------From: Michael Gabriel Date: 08/01/2013 11:43 AM (GMT-08:00) To: "Kernighan, Pat" ,"Gallo, Noel" ,Glenfriends Yahoogroup Subject: Domain Awareness Center Privacy Policies From: Steve Temme Sent: Wednesday, July 31, 2013 10:00 AM To: Schaaf, Libby Subject: Thank You Councilmember Schaaf, Thank you for helping to pass last night's measures establishing the Domain Awar eness Center and limiting the possession of spary paint and hammers at protests. As a 25-year resident of Oakland, I have experienced highs and lows regarding the hope and faith I have in our elected leadership. Thank you for helping to r estore some of the lost faith and for demonstrating that the adults may once aga in be back in charge of City Hall. I'm sure it can never be personally easy to endure the kind of abuse that some p eople feel entitled to deliver during the City Council meetings during contentio us debates such as the one last night, but I am grateful for your patience and p erseverence. Thanks again for your efforts to help restore order to downtown Oakland, and ple ase continue to follow the careful balance you seem to be pursuing between perso nal liberty and public safety. Steve Temme zachmurph@aol.com From: Aaron Cook Sent: Wednesday, July 31, 2013 8:29 AM To: Schaaf, Libby Subject: Re: Libby Schaaf - Violence in Oakland Libby, Thank you for your vote on the Domain Awareness Center. And to be honest, fuck those people who booed. Aaron On Wed, Jul 24, 2013 at 2:17 AM, Schaaf, Libby wrote: Thanks for writing and for caring! Last week's tragedy was unspeakable. Oakland can't live like this. While we are pursuing the things you mention and m uch more, I am sorry it us not enough, fast enough, to change Oakland into the s afe city it deserves to be. Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 18, 2013, at 12:14 PM, "Aaron Cook" wrot e: I am sure you are aware of the latest shooting in our City. http://www.sfgate.com/crime/article/Girlslain-at-Oakland-sleepover-3-hurt-4672223.php#photo-4930028 This is horrible and it happened a block and half from my daught er's day care. Enough is enough. What is my City's government doing to stop th is from happening? As far as I can tell, not enough. What can we do to take th e war on crime to the criminals - how about bait cars, how about cameras at inte rsections, how about more cops. I hate to sound like a right wing nut job, but the basic function of government is to protect its citizens - which isn't happen ing. Concerned Father of Two, Aaron Cook 6800 Paso Robles Drive Oakland, CA From: Michael O'Brien Sent: Tuesday, July 30, 2013 6:03 PM To: Luby, Oliver Cc: Joanne Karchmer; Fierro, Rocio; Kalb, Dan; Baig, Ahsan; Schaaf, Libby; M cElhaney, Lynette; Domingo, Renee; Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Breshears, Eric; Farmer, Casey; Stoffmacher, Bruce Subject: Re: Joint Port/City DAC resolution language That's true in that the GIS data coming from the port to the DAC is static data and not surveillance in nature. So by that reasoning it should be outside the co ncerns about privacy and data retention policy. Thanks, Mike Sent from my iPhone On Jul 30, 2013, at 5:56 PM, "Luby, Oliver" wrote: Hi. The Port of Oakland GIS System was excluded because, as we understa nd it, it does not qualify as a data or video feed from a surveillance, security censor or video analytics source. If we were mistaken, please let us know. From: Joanne Karchmer [mailto:jkarchmer@portoakland.com] Sent: Tuesday, July 30, 2013 5:44 PM To: Fierro, Rocio; Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libb y; McElhaney, Lynette; Domingo, Renee Cc: Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language While our preference would be to go with Councilmember Schaaf's earlier suggestion today to just say that Phase 2 would enable integration of video and data feeds from the City of Oakland and Port of Oakland, at minimum, we would r equest inclusion of the Port's GIS system in the proposed language below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, s ecurity censor and video analytics sources only: Port Video and Intrusion Detect ion Cameras, Port of Oakland Vessel Tracking System, Port of Oakland GIS System, City of Oakland traffic cameras, City of Oakland Shot Spotter Censor System, an d License Plate Recognition system; and that the addition of any new surveillanc e, security censor or video analytics feed or data sources shall require approva l of the Council, including confirmation of compliance with the City s Priva cy and Data Retention Policy. Thanks, Joanne __________________ Joanne Karchmer Government Affairs Rep. Port of Oakland 530 Water Street Oakland, CA 94607 (510) 627-1384 (510) 703-6883 - mobile jkarchmer@portoakland.com From: Fierro, Rocio [mailto:RFierro@oaklandcityattorney.org] Sent: Tuesday, July 30, 2013 5:29 PM To: Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, L ynette; Domingo, Renee Cc: Joanne Karchmer; Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis ; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher, Bru ce Subject: RE: Joint Port/City DAC resolution language I m fine with the proposed language and made minor edits to last resolved shown in green below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, s ecurity censor and video analytics sources only: Port Video and Intrusion Detect ion Cameras, Port of Oakland Vessel Tracking System, Port GIS System, City of Oa kland traffic cameras, City of Oakland Shot Spotter Censor System, and License P late Recognition system; and that the addition of any new surveillance, security censor or video analytics feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Priva cy and Data Retention Policy. Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel (510) 238-6511 From: Kalb, Dan Sent: Tuesday, July 30, 2013 4:55 PM To: Fierro, Rocio; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElha ney, Lynette; Domingo, Renee Cc: 'Joanne Karchmer'; mdavis@portofoakland.com; Deloach Reed, Teresa; S otelo, Amadis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Sto ffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language Importance: High Hi all, Please see attached for language developed by Councilmember Schaaf with input from Councilmembers Kalb and McElhaney regarding the resolution on the DAC . If you have any additional comments and suggestions, please send them to us right away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, L ynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com ; Deloach Reed, Teresa; Sotelo, Amadis; Matthew Davis; Joh nson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should conti nue to inform the council whether there re operational issues of concern. It s my u nderstanding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com ; Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis; Mat thew Davis; Johnson, Scott; Breshears, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granulari ty of identifying each and every system, to fully utilize the DAC information ma nagement platform. However, most of the planned integrations are Police and Fire data sources and internal applications, and need to be integrated for operation al efficiency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, Licen se Plate Recognition, Police and Fire Scheduling Application, Police and Fire Au tomatic Vehicle Locations System, City Geographical Information System with vari ous layers, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already ha d planned to integrate in Phase 2 that we don't think will cause too much of a p roblem the Port GIS and the Vessel Tracking System. These are both clearly Port s ecurity related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; J oanne Karchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as t o form and legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoakland.com ; mdavies@portoakland.com ; mobrien@portoaklan d.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and c omments: Whereas, the City wants to ensure that there are appropriate saf eguards to protect the privacy rights of individuals and ensure public confidenc e in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privac y and Data Retention Policy and procedures for ensuring the protection of privac y rights of individuals, and staff will return to Council for approval of said g uidelines and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (D AC) system video data recording and storage capability has not been activated an d will not be activated until the City Council approves a Privacy and Data Reten tion Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Cent er (DAC) Phases 1 and 2 includes data and video feeds from the following five so urces only: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersection cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakland GIS, and Port of Oakland Vessel Tracking System; and that the additio n of any new data or video feed sources shall require notification to the Oaklan d City Council and confirmation of compliance with the Privacy and Data Retentio n Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed language amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representa tives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together the proposed language. Please let me know if there are any additional issues or items t hat require staff follow up. Thank you for your time, leadership and support. This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, u se, disclosure or distribution is prohibited. If you are not the intended recipi ent, please contact the sender by reply e-mail and destroy all copies of the ori ginal message and any attachments. Please consider the environment before printing this email [v1.02] From: Luby, Oliver Sent: Tuesday, July 30, 2013 5:55 PM To: Joanne Karchmer; Fierro, Rocio; Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, Lynette; Domingo, Renee Cc: Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Bre shears, Eric; Farmer, Casey; Stoffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language Hi. The Port of Oakland GIS System was excluded because, as we understand it, i t does not qualify as a data or video feed from a surveillance, security censor or video analytics source. If we were mistaken, please let us know. From: Joanne Karchmer [mailto:jkarchmer@portoakland.com] Sent: Tuesday, July 30, 2013 5:44 PM To: Fierro, Rocio; Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElh aney, Lynette; Domingo, Renee Cc: Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Breshea rs, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language While our preference would be to go with Councilmember Schaaf's earlier suggesti on today to just say that Phase 2 would enable integration of video and data fee ds from the City of Oakland and Port of Oakland, at minimum, we would request i nclusion of the Port's GIS system in the proposed language below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, security censor and video analytics sources only: Port Video and Intrusion Detection Came ras, Port of Oakland Vessel Tracking System, Port of Oakland GIS System, City of Oakland traffic cameras, City of Oakland Shot Spotter Censor System, and Licens e Plate Recognition system; and that the addition of any new surveillance, secur ity censor or video analytics feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Privacy and D ata Retention Policy. Thanks, Joanne __________________ Joanne Karchmer Government Affairs Rep. Port of Oakland 530 Water Street Oakland, CA 94607 (510) 627-1384 (510) 703-6883 - mobile jkarchmer@portoakland.com IMAGE From: Fierro, Rocio [mailto:RFierro@oaklandcityattorney.org] Sent: Tuesday, July 30, 2013 5:29 PM To: Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, Lynette; Domingo, Renee Cc: Joanne Karchmer; Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnso n, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language I m fine with the proposed language and made minor edits to last resolved shown in green below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, security censor and video analytics sources only: Port Video and Intrusion Detection Came ras, Port of Oakland Vessel Tracking System, Port GIS System, City of Oakland tr affic cameras, City of Oakland Shot Spotter Censor System, and License Plate Rec ognition system; and that the addition of any new surveillance, security censor or video analytics feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Privacy and D ata Retention Policy. Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel (510) 238-6511 From: Kalb, Dan Sent: Tuesday, July 30, 2013 4:55 PM To: Fierro, Rocio; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElhaney, Lyn ette; Domingo, Renee Cc: 'Joanne Karchmer'; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotelo, A madis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher , Bruce Subject: RE: Joint Port/City DAC resolution language Importance: High Hi all, Please see attached for language developed by Councilmember Schaaf with input fr om Councilmembers Kalb and McElhaney regarding the resolution on the DAC. If you have any additional comments and suggestions, please send them to us righ t away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should continue to i nform the council whether there re operational issues of concern. It s my understan ding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eri c Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granularity of id entifying each and every system, to fully utilize the DAC information management platform. However, most of the planned integrations are Police and Fire data so urces and internal applications, and need to be integrated for operational effic iency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System with various laye rs, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already had planne d to integrate in Phase 2 that we don't think will cause too much of a problem the Port GIS and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Ka rchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form a nd legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchme r@portoakland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to protect the privacy rights of individuals and ensure public confidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Da ta Retention Policy and procedures for ensuring the protection of privacy rights of individuals, and staff will return to Council for approval of said guideline s and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) syst em video data recording and storage capability has not been activated and will n ot be activated until the City Council approves a Privacy and Data Retention Pol icy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources on ly: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersec tion cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakla nd GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to the Oakland City C ouncil and confirmation of compliance with the Privacy and Data Retention Policy . From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the pro posed language amendment to the resolution regarding the video and data retentio n issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put tog ether the proposed language. Please let me know if there are any additional issues or items that requ ire staff follow up. Thank you for your time, leadership and support. This e-mail message is for the sole use of the intended recipient(s) and may con tain confidential and privileged information. Any unauthorized review, use, disc losure or distribution is prohibited. If you are not the intended recipient, ple ase contact the sender by reply e-mail and destroy all copies of the original me ssage and any attachments. Please consider the environment before printing this email [v1.02] From: Joanne Karchmer Sent: Tuesday, July 30, 2013 5:44 PM To: Fierro, Rocio; Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; M cElhaney, Lynette; Domingo, Renee Cc: Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Bre shears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language While our preference would be to go with Councilmember Schaaf's earlier suggesti on today to just say that Phase 2 would enable integration of video and data fee ds from the City of Oakland and Port of Oakland, at minimum, we would request i nclusion of the Port's GIS system in the proposed language below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, security censor and video analytics sources only: Port Video and Intrusion Detection Came ras, Port of Oakland Vessel Tracking System, Port of Oakland GIS System, City of Oakland traffic cameras, City of Oakland Shot Spotter Censor System, and Licens e Plate Recognition system; and that the addition of any new surveillance, secur ity censor or video analytics feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Privacy and D ata Retention Policy. Thanks, Joanne __________________ Joanne Karchmer Government Affairs Rep. Port of Oakland 530 Water Street Oakland, CA 94607 (510) 627-1384 (510) 703-6883 - mobile jkarchmer@portoakland.com IMAGE From: Fierro, Rocio [mailto:RFierro@oaklandcityattorney.org] Sent: Tuesday, July 30, 2013 5:29 PM To: Kalb, Dan; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, Lynette; Domingo, Renee Cc: Joanne Karchmer; Matthew Davis; Deloach Reed, Teresa; Sotelo, Amadis; Johnso n, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language I m fine with the proposed language and made minor edits to last resolved shown in green below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, security censor and video analytics sources only: Port Video and Intrusion Detection Came ras, Port of Oakland Vessel Tracking System, Port GIS System, City of Oakland tr affic cameras, City of Oakland Shot Spotter Censor System, and License Plate Rec ognition system; and that the addition of any new surveillance, security censor or video analytics feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Privacy and D ata Retention Policy. Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel (510) 238-6511 From: Kalb, Dan Sent: Tuesday, July 30, 2013 4:55 PM To: Fierro, Rocio; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElhaney, Lyn ette; Domingo, Renee Cc: 'Joanne Karchmer'; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotelo, A madis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher , Bruce Subject: RE: Joint Port/City DAC resolution language Importance: High Hi all, Please see attached for language developed by Councilmember Schaaf with input fr om Councilmembers Kalb and McElhaney regarding the resolution on the DAC. If you have any additional comments and suggestions, please send them to us righ t away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com ; Deloach Reed, Teresa; Sotelo, Amadis; Matthew Davis; Johnson, Sc ott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should continue to i nform the council whether there re operational issues of concern. It s my understan ding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com ; Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Dav is; Johnson, Scott; Breshears, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granularity of id entifying each and every system, to fully utilize the DAC information management platform. However, most of the planned integrations are Police and Fire data so urces and internal applications, and need to be integrated for operational effic iency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System with various laye rs, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already had planne d to integrate in Phase 2 that we don't think will cause too much of a problem the Port GIS and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Ka rchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form a nd legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchme r@portoakland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to protect the privacy rights of individuals and ensure public confidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Da ta Retention Policy and procedures for ensuring the protection of privacy rights of individuals, and staff will return to Council for approval of said guideline s and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) syst em video data recording and storage capability has not been activated and will n ot be activated until the City Council approves a Privacy and Data Retention Pol icy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources on ly: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersec tion cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakla nd GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to the Oakland City C ouncil and confirmation of compliance with the Privacy and Data Retention Policy . From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the pro posed language amendment to the resolution regarding the video and data retentio n issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put tog ether the proposed language. Please let me know if there are any additional issues or items that requ ire staff follow up. Thank you for your time, leadership and support. This e-mail message is for the sole use of the intended recipient(s) and may con tain confidential and privileged information. Any unauthorized review, use, disc losure or distribution is prohibited. If you are not the intended recipient, ple ase contact the sender by reply e-mail and destroy all copies of the original me ssage and any attachments. Please consider the environment before printing this email [v1.02] From: Baig, Ahsan Sent: Tuesday, July 30, 2013 5:30 PM To: Fierro, Rocio Cc: Kalb, Dan; Michael O'Brien; Schaaf, Libby; McElhaney, Lynette; Domingo, Renee; Joanne Karchmer; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmache r, Bruce Subject: Re: Joint Port/City DAC resolution language Please replace censor with sensor.... Ahsan Baig Sent from my iPad On Jul 30, 2013, at 5:28 PM, "Fierro, Rocio" w rote: I m fine with the proposed language and made minor edits to last resolved shown in green below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, s ecurity censor and video analytics sources only: Port Video and Intrusion Detect ion Cameras, Port of Oakland Vessel Tracking System, City of Oakland traffic cam eras, City of Oakland Shot Spotter Censor System, and License Plate Recognition system; and that the addition of any new surveillance, security censor or video analytics feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Priva cy and Data Retention Policy. Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel (510) 238-6511 From: Kalb, Dan Sent: Tuesday, July 30, 2013 4:55 PM To: Fierro, Rocio; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElha ney, Lynette; Domingo, Renee Cc: 'Joanne Karchmer'; mdavis@portofoakland.com; Deloach Reed, Teresa; S otelo, Amadis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Sto ffmacher, Bruce Subject: RE: Joint Port/City DAC resolution language Importance: High Hi all, Please see attached for language developed by Councilmember Schaaf with input from Councilmembers Kalb and McElhaney regarding the resolution on the DAC . If you have any additional comments and suggestions, please send them to us right away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, L ynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Re ed, Teresa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should conti nue to inform the council whether there re operational issues of concern. It s my u nderstanding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Re ed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshe ars, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granulari ty of identifying each and every system, to fully utilize the DAC information ma nagement platform. However, most of the planned integrations are Police and Fire data sources and internal applications, and need to be integrated for operation al efficiency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, Licen se Plate Recognition, Police and Fire Scheduling Application, Police and Fire Au tomatic Vehicle Locations System, City Geographical Information System with vari ous layers, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already ha d planned to integrate in Phase 2 that we don't think will cause too much of a p roblem the Port GIS and the Vessel Tracking System. These are both clearly Port s ecurity related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; J oanne Karchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as t o form and legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoakland.com ; mdavies@portoakland.com < mdavies@portoakland.com>; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and c omments: Whereas, the City wants to ensure that there are appropriate saf eguards to protect the privacy rights of individuals and ensure public confidenc e in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privac y and Data Retention Policy and procedures for ensuring the protection of privac y rights of individuals, and staff will return to Council for approval of said g uidelines and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (D AC) system video data recording and storage capability has not been activated an d will not be activated until the City Council approves a Privacy and Data Reten tion Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Cent er (DAC) Phases 1 and 2 includes data and video feeds from the following five so urces only: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersection cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakland GIS, and Port of Oakland Vessel Tracking System; and that the additio n of any new data or video feed sources shall require notification to the Oaklan d City Council and confirmation of compliance with the Privacy and Data Retentio n Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed language amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representa tives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together the proposed language. Please let me know if there are any additional issues or items t hat require staff follow up. Thank you for your time, leadership and support. From: Fierro, Rocio Sent: Tuesday, July 30, 2013 5:29 PM To: Kalb, Dan; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElhaney, Lyn ette; Domingo, Renee Cc: 'Joanne Karchmer'; 'mdavis@portofoakland.com'; Deloach Reed, Teresa; Sot elo, Amadis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoff macher, Bruce Subject: RE: Joint Port/City DAC resolution language I m fine with the proposed language and made minor edits to last resolved shown in green below. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following surveillance, security censor and video analytics sources only: Port Video and Intrusion Detection Came ras, Port of Oakland Vessel Tracking System, City of Oakland traffic cameras, Ci ty of Oakland Shot Spotter Censor System, and License Plate Recognition system; and that the addition of any new surveillance, security censor or video analytic s feed or data sources shall require approval of the Council, including confirmation of compliance with the City s Privacy and D ata Retention Policy. Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel (510) 238-6511 From: Kalb, Dan Sent: Tuesday, July 30, 2013 4:55 PM To: Fierro, Rocio; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElhaney, Lyn ette; Domingo, Renee Cc: 'Joanne Karchmer'; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotelo, A madis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffmacher , Bruce Subject: RE: Joint Port/City DAC resolution language Importance: High Hi all, Please see attached for language developed by Councilmember Schaaf with input fr om Councilmembers Kalb and McElhaney regarding the resolution on the DAC. If you have any additional comments and suggestions, please send them to us righ t away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should continue to i nform the council whether there re operational issues of concern. It s my understan ding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eri c Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granularity of id entifying each and every system, to fully utilize the DAC information management platform. However, most of the planned integrations are Police and Fire data so urces and internal applications, and need to be integrated for operational effic iency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System with various laye rs, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already had planne d to integrate in Phase 2 that we don't think will cause too much of a problem the Port GIS and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Ka rchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form a nd legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchme r@portoakland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to protect the privacy rights of individuals and ensure public confidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Da ta Retention Policy and procedures for ensuring the protection of privacy rights of individuals, and staff will return to Council for approval of said guideline s and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) syst em video data recording and storage capability has not been activated and will n ot be activated until the City Council approves a Privacy and Data Retention Pol icy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources on ly: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersec tion cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakla nd GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to the Oakland City C ouncil and confirmation of compliance with the Privacy and Data Retention Policy . From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the pro posed language amendment to the resolution regarding the video and data retentio n issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put tog ether the proposed language. Please let me know if there are any additional issues or items that requ ire staff follow up. Thank you for your time, leadership and support. From: Kalb, Dan Sent: Tuesday, July 30, 2013 5:21 PM To: Breshears, Eric Cc: Fierro, Rocio; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, L ynette; Domingo, Renee; Joanne Karchmer; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Luby, Oliver; Farmer, Casey; Stoffmache r, Bruce Subject: RE: Joint Port/City DAC resolution language Thank you Chief Breshears for your thoughtful input. The Resolution does not indefinitely prohibit the inclusion of the vital cameras you reference. It only states that the Privacy and Data Retention Policy must b e completed first and approved by the Council. At that point, we can then approv e adding those additional cameras into the DAC system. Thanks again for your work. -Dan ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Breshears, Eric Sent: Tuesday, July 30, 2013 5:07 PM To: Kalb, Dan Cc: Fierro, Rocio; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, Lynet te; Domingo, Renee; Joanne Karchmer; mdavis@portofoakland.com; Deloach Reed, Ter esa; Sotelo, Amadis; Johnson, Scott; Luby, Oliver; Farmer, Casey; Stoffmacher, B ruce Subject: Re: Joint Port/City DAC resolution language All We have numerous city owned cameras that we would like to utilize in the DAC to help reduce crime in the City. These cameras, centrally located and managed can be used as a part of our crime strategy. It does not seem like having city cam eras that are being utilized, recorded, etc, inefficiently without the DAC is th e direction we should go. They are being inefficiently used now, the DAC would only increase their efficiency for our efforts. These would be used within the legal limits, obviously, once the retention guidelines are established. Eric Breshears On Jul 30, 2013, at 4:55 PM, "Kalb, Dan" wrote: Hi all, Please see attached for language developed by Councilmember Schaaf with input from Councilmembers Kalb and McElhaney regarding the resolution on the DAC . If you have any additional comments and suggestions, please send them to us right away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, L ynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Re ed, Teresa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should conti nue to inform the council whether there re operational issues of concern. It s my u nderstanding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Re ed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshe ars, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granulari ty of identifying each and every system, to fully utilize the DAC information ma nagement platform. However, most of the planned integrations are Police and Fire data sources and internal applications, and need to be integrated for operation al efficiency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, Licen se Plate Recognition, Police and Fire Scheduling Application, Police and Fire Au tomatic Vehicle Locations System, City Geographical Information System with vari ous layers, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already ha d planned to integrate in Phase 2 that we don't think will cause too much of a p roblem the Port GIS and the Vessel Tracking System. These are both clearly Port s ecurity related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; J oanne Karchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as t o form and legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoakland.com ; mdavies@portoakland.com < mdavies@portoakland.com>; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and c omments: Whereas, the City wants to ensure that there are appropriate saf eguards to protect the privacy rights of individuals and ensure public confidenc e in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privac y and Data Retention Policy and procedures for ensuring the protection of privac y rights of individuals, and staff will return to Council for approval of said g uidelines and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (D AC) system video data recording and storage capability has not been activated an d will not be activated until the City Council approves a Privacy and Data Reten tion Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Cent er (DAC) Phases 1 and 2 includes data and video feeds from the following five so urces only: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersection cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakland GIS, and Port of Oakland Vessel Tracking System; and that the additio n of any new data or video feed sources shall require notification to the Oaklan d City Council and confirmation of compliance with the Privacy and Data Retentio n Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed language amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representa tives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together the proposed language. Please let me know if there are any additional issues or items t hat require staff follow up. Thank you for your time, leadership and support. From: Breshears, Eric Sent: Tuesday, July 30, 2013 5:15 PM To: Schaaf, Libby Subject: Re: Joint Port/City DAC resolution language 773-2754 Eric Breshears On Jul 30, 2013, at 5:13 PM, "Schaaf, Libby" wrote: I don t seem to have a good phone number for you. Can I call you to discus s? From: Breshears, Eric Sent: Tuesday, July 30, 2013 5:07 PM To: Kalb, Dan Cc: Fierro, Rocio; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhane y, Lynette; Domingo, Renee; Joanne Karchmer; mdavis@portofoakland.com; Deloach R eed, Teresa; Sotelo, Amadis; Johnson, Scott; Luby, Oliver; Farmer, Casey; Stoffm acher, Bruce Subject: Re: Joint Port/City DAC resolution language All We have numerous city owned cameras that we would like to utilize in the DAC to help reduce crime in the City. These cameras, centrally located and man aged can be used as a part of our crime strategy. It does not seem like having city cameras that are being utilized, recorded, etc, inefficiently without the D AC is the direction we should go. They are being inefficiently used now, the DA C would only increase their efficiency for our efforts. These would be used wit hin the legal limits, obviously, once the retention guidelines are established. Eric Breshears On Jul 30, 2013, at 4:55 PM, "Kalb, Dan" wrote: Hi all, Please see attached for language developed by Councilmember Scha af with input from Councilmembers Kalb and McElhaney regarding the resolution on the DAC. If you have any additional comments and suggestions, please send them to us right away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McEl haney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; De loach Reed, Teresa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Er ic Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff shou ld continue to inform the council whether there re operational issues of concern. It s my understanding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynett e Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; De loach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott ; Breshears, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to g ranularity of identifying each and every system, to fully utilize the DAC inform ation management platform. However, most of the planned integrations are Police and Fire data sources and internal applications, and need to be integrated for o perational efficiency and effective use of resources for quick responses to emer gencies. Some of them are like 911 CAD, Police and Fire Records Management Syste m, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System w ith various layers, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we al ready had planned to integrate in Phase 2 that we don't think will cause too muc h of a problem the Port GIS and the Vessel Tracking System. These are both clearl y Port security related and shouldn't raise an eyebrow from personal privacy adv ocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.c om Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Karchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attor ney as to form and legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoakland.com ; mdavies@portoakla nd.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedba ck and comments: Whereas, the City wants to ensure that there are appropr iate safeguards to protect the privacy rights of individuals and ensure public c onfidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develo p Privacy and Data Retention Policy and procedures for ensuring the protection o f privacy rights of individuals, and staff will return to Council for approval o f said guidelines and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness C enter (DAC) system video data recording and storage capability has not been acti vated and will not be activated until the City Council approves a Privacy and Da ta Retention Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awaren ess Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources only: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersection cameras, City of Oakland Shot Spotter Audio Recording Syste m, Port of Oakland GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to th e Oakland City Council and confirmation of compliance with the Privacy and Data Retention Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed language amendment to the resolution regarding the video a nd data retention issues that were raised and that we discussed with the ACLU re presentatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together the proposed language. Please let me know if there are any additional issues or items that require staff follow up. Thank you for your time, leadership and support. From: Breshears, Eric Sent: Tuesday, July 30, 2013 5:07 PM To: Kalb, Dan Cc: Fierro, Rocio; Baig, Ahsan; Michael O'Brien; Schaaf, Libby; McElhaney, L ynette; Domingo, Renee; Joanne Karchmer; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotelo, Amadis; Johnson, Scott; Luby, Oliver; Farmer, Casey; Stoffmache r, Bruce Subject: Re: Joint Port/City DAC resolution language All We have numerous city owned cameras that we would like to utilize in the DAC to help reduce crime in the City. These cameras, centrally located and managed can be used as a part of our crime strategy. It does not seem like having city cam eras that are being utilized, recorded, etc, inefficiently without the DAC is th e direction we should go. They are being inefficiently used now, the DAC would only increase their efficiency for our efforts. These would be used within the legal limits, obviously, once the retention guidelines are established. Eric Breshears On Jul 30, 2013, at 4:55 PM, "Kalb, Dan" wrote: Hi all, Please see attached for language developed by Councilmember Schaaf with input from Councilmembers Kalb and McElhaney regarding the resolution on the DAC . If you have any additional comments and suggestions, please send them to us right away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, L ynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Re ed, Teresa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should conti nue to inform the council whether there re operational issues of concern. It s my u nderstanding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Re ed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshe ars, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granulari ty of identifying each and every system, to fully utilize the DAC information ma nagement platform. However, most of the planned integrations are Police and Fire data sources and internal applications, and need to be integrated for operation al efficiency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, Licen se Plate Recognition, Police and Fire Scheduling Application, Police and Fire Au tomatic Vehicle Locations System, City Geographical Information System with vari ous layers, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already ha d planned to integrate in Phase 2 that we don't think will cause too much of a p roblem the Port GIS and the Vessel Tracking System. These are both clearly Port s ecurity related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; J oanne Karchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as t o form and legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoakland.com ; mdavies@portoakland.com < mdavies@portoakland.com>; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and c omments: Whereas, the City wants to ensure that there are appropriate saf eguards to protect the privacy rights of individuals and ensure public confidenc e in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privac y and Data Retention Policy and procedures for ensuring the protection of privac y rights of individuals, and staff will return to Council for approval of said g uidelines and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (D AC) system video data recording and storage capability has not been activated an d will not be activated until the City Council approves a Privacy and Data Reten tion Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Cent er (DAC) Phases 1 and 2 includes data and video feeds from the following five so urces only: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersection cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakland GIS, and Port of Oakland Vessel Tracking System; and that the additio n of any new data or video feed sources shall require notification to the Oaklan d City Council and confirmation of compliance with the Privacy and Data Retentio n Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed language amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representa tives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together the proposed language. Please let me know if there are any additional issues or items t hat require staff follow up. Thank you for your time, leadership and support. From: Sent: To: Kalb, Dan Tuesday, July 30, 2013 4:55 PM Fierro, Rocio; Baig, Ahsan; 'Michael O'Brien'; Schaaf, Libby; McElhaney, Lynette; Domingo, Renee Cc: 'Joanne Karchmer'; mdavis@portofoakland.com; Deloach Reed, Teresa; Sotel o, Amadis; Johnson, Scott; Breshears, Eric; Luby, Oliver; Farmer, Casey; Stoffma cher, Bruce Subject: RE: Joint Port/City DAC resolution language Attachments: DAC language edits.doc Importance: Hi all, High Please see attached for language developed by Councilmember Schaaf with input fr om Councilmembers Kalb and McElhaney regarding the resolution on the DAC. If you have any additional comments and suggestions, please send them to us righ t away. Thanks so much for all your work and input. -DK ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should continue to i nform the council whether there re operational issues of concern. It s my understan ding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eri c Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granularity of id entifying each and every system, to fully utilize the DAC information management platform. However, most of the planned integrations are Police and Fire data so urces and internal applications, and need to be integrated for operational effic iency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System with various laye rs, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already had planne d to integrate in Phase 2 that we don't think will cause too much of a problem the Port GIS and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Ka rchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form a nd legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchme r@portoakland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to protect the privacy rights of individuals and ensure public confidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Da ta Retention Policy and procedures for ensuring the protection of privacy rights of individuals, and staff will return to Council for approval of said guideline s and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) syst em video data recording and storage capability has not been activated and will n ot be activated until the City Council approves a Privacy and Data Retention Pol icy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources on ly: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersec tion cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakla nd GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to the Oakland City C ouncil and confirmation of compliance with the Privacy and Data Retention Policy . From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the pro posed language amendment to the resolution regarding the video and data retentio n issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put tog ether the proposed language. Please let me know if there are any additional issues or items that requ ire staff follow up. Thank you for your time, leadership and support. From: Linda Lye Sent: Tuesday, July 30, 2013 3:17 PM To: Schaaf, Libby Subject: RE: DAC resolution Thanks! Yes, cell is 510 508 6141. I'm in a meeting I couldn't move from 4:30 t o about 5:30 and then heading over immediately after. Linda Lye Staff Attorney, ACLU-NC -----Original Message----From: Schaaf, Libby [mailto:LSchaaf@oaklandnet.com] Sent: Tuesday, July 30, 2013 3:15 PM To: Linda Lye Subject: Re: DAC resolution Thanks. This is helpful. I got slightly different info about recording ability v ersus grab/incident file. I'll try to talk with you before meeting. Do u have a cell? Please sign up for informative newsletter at libbyschaaf.com ! On Jul 30, 2013, at 2:35 PM, "Linda Lye" wrote: > Hi Libby Thanks so much for taking the time to talk with me this morning. I k now you have a lot on your plate today. You d asked me about other areas where th e City Council might be able to weigh in (short of not approving the project). Here are 3 items I m hoping you ll include in the resolution (two we discussed, one we did not) and potential language for the resolution. > > > > I think the storage issue you flagged is extremely important and helpful but i n that regard it will be important to carefully delineate the circumstances in w hich the DAC can grab info from the systems that feed into it and create an inciden t file, and to regulate what happens to that file (how long is it retained, who h as access to it, what is it used for). > > > > Separately, I hope you ll strongly consider adding language requiring City Counc il approval of each surveillance and security sensor data source that feeds into the DAC (both at the outset and for any additional systems that are integrated in the future). Although the port officials may now be saying it was not within their contemplation to include Oakland school cameras, I obtained information a bout the school cameras from a Port of Oakland Project Status Report on the Port s w ebsite. (See page 12 of the pdf posted here .) The main point though is that the decision as to what w hich surveillance systems to include in the DAC should be made by the City Counc il and not unelected administrators. > > > > Thirdly, and we did not discuss this today, I hope you ll consider adding additi onal language akin to the storage issue about video analytics. As I believe port officials have been explaining it, the point is simply to pull together existing surveillance systems, not to expand any technical capacity. Even setting aside the qualitative difference between one surveillance system and an aggregation o f the data (the mosaic v. the individual tile), Port documents raise the possibi lity that the DAC would include video analytics to analyze the data once it is a ggregated. This could include anything from facial recognition software to gait analysis or other forms of analytics that could identify specific people or even more troublingly misidentify them. Perhaps it s not actually contemplated, but th e Port s documents certainly contemplate that the DAC would entail increasing the technical surveillance capacities beyond merely aggregating the data feeds. See t he attached MOU at the bottom of page 1 The DAC would provide an operational as w ell as technical framework to consolidate a network of existing and future surve illance and security sensor data sources to actively monitor critical Port facil ities, utility infrastructure, City facilities, crime hotspots and roadways info rmation integration and management software would be utilized together with vide o analytics to efficiently screen and monitor the data as well as coordinate inc ident . > > > > I m not sure what language you are working with in the resolution, but you might consider adding WHEREAS and FURTHER RESOLVED paragraphs along the following lines: > > > > WHEREAS, the City recognizes that the DAC poses potential privacy concerns ins ofar as it could result in the collection and/or retention of information about Oakland residents who have not engaged in any wrongdoing; > > > > FURTHER RESOLVED, the DAC is not authorized to operate or store any informatio n until such time as the City Council reviews and approves a privacy policy that governs the collection, retention, storage and dissemination of information pro cessed by the DAC; > > > > FURTHER RESOLVED, the inclusion or addition of each surveillance and security sensor data source and of any video analytics capability will require the expres s approval of the City Council; > > > > > > Linda Lye > > Staff Attorney > > ACLU Foundation of Northern California > > 39 Drumm Street > > San Francisco, California 94111 > > tel. (415) 621-2493 > > fax. (415) 255-8437 > > > > _______________________________________________________________________ > > This message and any files or text attached to it are intended only for the re cipients named above, and contain information that may be confidential or privil eged. If you are not an intended recipient, you must not read, copy, use or disc lose this communication. Please also notify the sender by replying to this messa ge, and then delete all copies of it from your system. Thank you. > > > > From: John.Hummer@dot.gov Sent: Tuesday, July 30, 2013 2:40 PM To: Schaaf, Libby Subject: Support Implementation of DAC Dear Council Member Schaaf: I am writing in support of the implementation of Phase 2 of the Domain Awareness Center. I am an Oakland resident. As you see by my signature block below, I w ork in the maritime sector. However, with this note I am writing as a private c itizen. The Port of Oakland has been shut down twice in the last year by Occupy Oakland. It is an example of the working class attacking the working class local militants joining with people outside the city to shut down the biggest economic contributor to the city. The port employs longshore workers, truckers, clerks, equipment operators, Customs and Border Patrol officers and other working peopl e. Port security is a serious and major concern. Previously, demonstrators en gaged in vandalism. The port is facing many challenges including discussion amo ng shippers that they might bypass Oakland because of the frequent closures and other illegal actions. Security and safety are likewise major issues for all residents of Oakland. The ir biggest concern, in every poll, is crime. We witnessed how the terrorist at tack at the Boston Marathon was solved by use of cameras that were able to ident ify the suspects who planted the bombs. We have had many acts of vandalism, phy sical attack and serious crimes such as murder and armed robbery in Oakland. Th e Domain Awareness Center could be a vital tool for law enforcement in solving t hese crimes and helping to restore civility to Oakland s public square. I am not alarmed over loss of privacy because if you are not doing something illegal, you s hould have nothing to fear. Please support implementation of the Domain Awareness Center (DAC) in Oakland. Consider this note as remarks would have given if I could attend the July 30, 20 13 Council session. John John V. Hummer Gateway Director, Northern CA and Mid Pacific Maritime Administration-USDOT 201 Mission Street, Suite 1800 San Francisco, CA 94105 415-744-2924 Cell: 415-310-8062 john.hummer@dot.gov From: Linda Lye Sent: Tuesday, July 30, 2013 2:36 PM To: Schaaf, Libby Subject: DAC resolution Attachments: Port of Oakland MOU.pdf Hi Libby Thanks so much for taking the time to talk with me this morning. I kno w you have a lot on your plate today. You d asked me about other areas where the City Council might be able to weigh in (short of not approving the project). He re are 3 items I m hoping you ll include in the resolution (two we discussed, one we did not) and potential language for the resolution. I think the storage issue you flagged is extremely important and helpful but in that regard it will be important to carefully delineate the circumstances in whi ch the DAC can grab info from the systems that feed into it and create an incident file, and to regulate what happens to that file (how long is it retained, who has access to it, what is it used for). Separately, I hope you ll strongly consider adding language requiring City Council approval of each surveillance and security sensor data source that feeds into t he DAC (both at the outset and for any additional systems that are integrated in the future). Although the port officials may now be saying it was not within t heir contemplation to include Oakland school cameras, I obtained information abo ut the school cameras from a Port of Oakland Project Status Report on the Port s web site. (See page 12 of the pdf posted here .) The main point though is that the decision as to what whi ch surveillance systems to include in the DAC should be made by the City Council and not unelected administrators. Thirdly, and we did not discuss this today, I hope you ll consider adding addition al language akin to the storage issue about video analytics. As I believe port of ficials have been explaining it, the point is simply to pull together existing s urveillance systems, not to expand any technical capacity. Even setting aside t he qualitative difference between one surveillance system and an aggregation of the data (the mosaic v. the individual tile), Port documents raise the possibili ty that the DAC would include video analytics to analyze the data once it is agg regated. This could include anything from facial recognition software to gait an alysis or other forms of analytics that could identify specific people or even mo re troublingly misidentify them. Perhaps it s not actually contemplated, but the Port s documents certainly contemplate that the DAC would entail increasing the te chnical surveillance capacities beyond merely aggregating the data feeds. See the attached MOU at the bottom of page 1 The DAC would provide an operational as wel l as technical framework to consolidate a network of existing and future surveil lance and security sensor data sources to actively monitor critical Port facilit ies, utility infrastructure, City facilities, crime hotspots and roadways inform ation integration and management software would be utilized together with video analytics to efficiently screen and monitor the data as well as coordinate incid ent . I m not sure what language you are working with in the resolution, but you might c onsider adding WHEREAS and FURTHER RESOLVED paragraphs along the following lines: WHEREAS, the City recognizes that the DAC poses potential privacy concerns insof ar as it could result in the collection and/or retention of information about Oa kland residents who have not engaged in any wrongdoing; FURTHER RESOLVED, the DAC is not authorized to operate or store any information until such time as the City Council reviews and approves a privacy policy that g overns the collection, retention, storage and dissemination of information proce ssed by the DAC; FURTHER RESOLVED, the inclusion or addition of each surveillance and security se nsor data source and of any video analytics capability will require the express approval of the City Council; Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 _______________________________________________________________________ This message and any files or text attached to it are intended only for the reci pients named above, and contain information that may be confidential or privileg ed. If you are not an intended recipient, you must not read, copy, use or disclo se this communication. Please also notify the sender by replying to this message , and then delete all copies of it from your system. Thank you. From: Fierro, Rocio Sent: Tuesday, July 30, 2013 1:30 PM To: Baig, Ahsan; Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynet te Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Teresa; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: RE: Meeting wtih ACLU - Follow Up The proposed changes do not present legal issues, but staff should continue to i nform the council whether there re operational issues of concern. It s my understan ding that the council will propose these changes at the council meeting tonight? Rocio Rocio V. Fierro Supervising Deputy City Attorney/Police Counsel Oakland City Attorney's Office One Frank H. Ogawa Plaza, 6th Fl. Oakland, CA 94612 (510) 238-6511 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Tere sa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eri c Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granularity of id entifying each and every system, to fully utilize the DAC information management platform. However, most of the planned integrations are Police and Fire data so urces and internal applications, and need to be integrated for operational effic iency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System with various laye rs, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already had planne d to integrate in Phase 2 that we don't think will cause too much of a problem the Port GIS and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Ka rchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form a nd legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchme r@portoakland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to protect the privacy rights of individuals and ensure public confidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Da ta Retention Policy and procedures for ensuring the protection of privacy rights of individuals, and staff will return to Council for approval of said guideline s and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) syst em video data recording and storage capability has not been activated and will n ot be activated until the City Council approves a Privacy and Data Retention Pol icy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources on ly: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersec tion cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakla nd GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to the Oakland City C ouncil and confirmation of compliance with the Privacy and Data Retention Policy . From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the pro posed language amendment to the resolution regarding the video and data retentio n issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put tog ether the proposed language. Please let me know if there are any additional issues or items that requ ire staff follow up. Thank you for your time, leadership and support. From: Andrew Johnson Sent: Tuesday, July 30, 2013 12:19 PM To: DL - City Council Subject: Please Approve Oakland DAC -- But With Guidelines Dear Oakland Council, Ahead of what's sure to be a very long night full of public comments about the p roposed Domain Awareness Center project, I wanted to write briefly to share my o wn thoughts. I support the creation of the DAC, and the aggregation of existing data feeds th roughout the city for use by first responders and investigators. It's an innovat ion that will greatly help in times of emergency, and may help police investigat ors in certain instances. Some communities (such as Los Angeles) have used data aggregators to actually build real-time crime models that let police officers pr e-empt crime by getting to hotspots before incidents are committed, leading to d ouble digit decreases in burglaries and robberies in places such as the San Fern ando Valley*. The benefits of a force multiplier in a city like Oakland is obvio us. The fact that its the Federal Government that would be paying for an asset l ike this makes the decision that much simpler. However, since Oakland has a long (and expensive) history of settlements related to rights abuses on the part of law enforcement, and seeing as there are curren tly no guidelines, requirements, explanations of use of footage, or consequences for misusing data, I'm gravely concerned that the project -- no matter how bene ficial -- will also result in treading upon rights of citizens, massive liabilit ies, and eventually, great financial cost to the city of Oakland and further str ain put upon an already tenuous relationship between the community and OPD. I urge you to pass this only once sufficient safeguards are in place. I sincerel y hope that the great promises of this technology don't blind us to its potentia l liabilities. With many thanks for your service, Andrew Johnson *More about the LAPD efforts: http://www.huffingtonpost.com/2012/07/01/predictiv e-policing-technology-los-angeles_n_1641276.html -Andrew Johnson 913.963.3585 From: Baig, Ahsan Sent: Tuesday, July 30, 2013 11:50 AM To: Michael O'Brien; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Domingo, Renee; Joanne Karchmer; mdavies@portoakland.com; Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis; Johnson, Scott; Breshears, Eric Subject: Re: Meeting wtih ACLU - Follow Up I think that the third Resolve would limit our ability, due to granularity of id entifying each and every system, to fully utilize the DAC information management platform. However, most of the planned integrations are Police and Fire data so urces and internal applications, and need to be integrated for operational effic iency and effective use of resources for quick responses to emergencies. Some of them are like 911 CAD, Police and Fire Records Management System, License Plate Recognition, Police and Fire Scheduling Application, Police and Fire Automatic Vehicle Locations System, City Geographical Information System with various laye rs, City Assets, etc. Ahsan Baig Sent from my iPad On Jul 30, 2013, at 11:04 AM, "Michael O'Brien" wrote: CM Schaaf, following conversation with Port staff, would like to modify the third resolve to include a couple of Port systems that we already had planne d to integrate in Phase 2 that we don't think will cause too much of a problem the Port GIS and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Ka rchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form a nd legality. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchme r@portoakland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to protect the privacy rights of individuals and ensure public confidence in the operation of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Da ta Retention Policy and procedures for ensuring the protection of privacy rights of individuals, and staff will return to Council for approval of said guideline s and data systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) syst em video data recording and storage capability has not been activated and will n ot be activated until the City Council approves a Privacy and Data Retention Pol icy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources on ly: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersec tion cameras, City of Oakland Shot Spotter Audio Recording System, Port of Oakla nd GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new data or video feed sources shall require notification to the Oakland City C ouncil and confirmation of compliance with the Privacy and Data Retention Policy . From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the pro posed language amendment to the resolution regarding the video and data retentio n issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put tog ether the proposed language. Please let me know if there are any additional issues or items that requ ire staff follow up. Thank you for your time, leadership and support. From: Kent Sent: Tuesday, July 30, 2013 11:49 AM To: Schaaf, Libby; Brooks, Desley; Office of the Mayor; Gallo, Noel; Reid, L arry; Kernighan, Pat; At Large; McElhaney, Lynette Subject: Letter re: Oakland Domain Awareness Center (item 35 for 7/30 cou ncil meeting) Attachments: Domain Awareness Center letter KLewandowski.pdf Dear Members of the Oakland City Council, I appreciate if you can consider my opinion regarding the Domain Awareness Cente r being discussed tonight. Please find my letter attached. Kent Lewandowski 1636 E 20th St. Oakland, CA 94606 From: Kalb, Dan Sent: Tuesday, July 30, 2013 11:24 AM To: Schaaf, Libby; Domingo, Renee; McElhaney, Lynette; Baig, Ahsan Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis; 'jkarchmer@portoakl and.com'; mdavis@portofoakland.com; mobrien@portoakland.com Subject: RE: Meeting wtih ACLU - Follow Up Thanks very much Libby. I m good with your language; however I would like to remov e the word guidelines and replace it with something more definitive (see below). -Dan ~~~~~~ ~~~~~~ Dan Kalb District One Councilmember Oakland City Council Oakland City Hall One Frank Ogawa Plaza Oakland, CA 94612 510-238-7001 ________________________________ From: Schaaf, Libby Sent: Tuesday, July 30, 2013 10:50 AM To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoa kland.com; mdavies@portoakland.com; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to prote ct the privacy rights of individuals and ensure public confidence in the operati on of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Data Reten tion Policy and procedures for ensuring the protection of privacy rights of indi viduals, and staff will return to Council for approval of said POLICIES, PROCEDU RES and data systems NO LATER THAN March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) system video data recording and storage capability has not been activated and will not be ac tivated until the City Council approves a Privacy and Data Retention Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following three sources only: Por t Video and Intrusion Detection Cameras, City of Oakland GIS and intersection ca meras, and the City of Oakland Shot Spotter Audio Recording System; and that the addition of any new data or video feed sources shall require notification to th e Oakland City Council and confirmation of compliance with the Privacy and Data Retention PolicIES. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed la nguage amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together th e proposed language. Please let me know if there are any additional issues or items that require staf f follow up. Thank you for your time, leadership and support. From: Sent: To: P Junge Tuesday, July 30, 2013 11:15 AM Allene Warren; Bob Jackson; brad.kearns@acgov.org; Cook, Brigitte; Bruce Nye; Burgos, Claudia (was Jimenez); Campbell-Washington, Anne; Don Link; EC Ree ms; Ed Gerber; Geoff Collins; Merriouns, Iris; Gerard, Jennie; Jennie Ong; Jill Broadhurst; Jim Oddie; ca.gov@ppmail1.oaklandnet.com; jharaburda@oaklandchamber. com; jtuman7643@aol.com; Jose Duenas; Junious Williams; keithhouston2005@yahoo.c om; Nancy O'Malley; Gallo, Noel; Nyeisha DeWitt; Kernighan, Pat; Paul Hora; Paul Reems; Richard Raya ; Robert Wilkins; Schaaf, Libby; Bolton, Christopher; Tom O rloff; Treva Reid; Verleeta White; Wil Hardee Subject: Follow up from July 26 meeting Attachments: DACMQ.pdf; OMCCsupportCOPSgrantJuly2013.pdf Concerned Citizens- We had a good meeting on Friday. Lively discussion with Chief Whent on the impl ementation of the Bratton crime reduction strategy. OPD is moving ahead with cr eating 5 areas with a Captain in each area. We discussed the efforts to staff i nvestigation units in each area and keep officers on a local beat as much as pos sible. Among elected leaders in attendance were Mayor Quan, Council President Ke rnighan and CMs Schaaf and Gallo. We also got a briefing on the Domain Awareness Center (DAC) from both the Port a nd the City. Mayor Quan put in a particular plug for this program and a $2 milli on federal grant is before the City Council tonight. Attached is the letter the Oakland Metropolitan Chamber submitted to all Council Members and the Mayor in s upport of DAC. There was also some talk about the end of Measure Y funding which happens in Dec ember 2014 and the potential for a new ballot initiative that would among other things raise revenue for OPD (and other uses perhaps similar to Measure Y). Thi s is probably a useful topic for a future discussion. Also attached a letter from OMCC supporting City of Oakland effort to receive a COPS grant to help fund a few more OPD officers. Paul Junge (510) 874-4817 Vice President Director of Public Policy Oakland Metropolitan Chamber of Commerce pjunge@oaklandchamber.com From: Sent: To: Michael O'Brien Tuesday, July 30, 2013 11:04 AM Domingo, Renee; Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsa n; Joanne Karchmer; mdavies@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis; Matthew Davis Subject: RE: Meeting wtih ACLU - Follow Up CM Schaaf, following conversation with Port staff, would like to modify the thir d resolve to include a couple of Port systems that we already had planned to int egrate in Phase 2 that we don't think will cause too much of a problem the Port GI S and the Vessel Tracking System. These are both clearly Port security related and shouldn't raise an eyebrow from personal privacy advocates. Will help to keep us moving on the project. Also, pls note Matt Davis' email is mdavis@portoakland.com Thanks, Mike O'Brien Port Facilities Security Officer Port of Oakland w (510)627-1303 c (510)-719-8027 f ((510) 835-1641 From: Domingo, Renee [mailto:RADomingo@oaklandnet.com] Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; Joanne Karchmer; mdavies@portoakland.com; Michael O'Brien Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form and legal ity. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoa kland.com ; mdavi es@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to prote ct the privacy rights of individuals and ensure public confidence in the operati on of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Data Reten tion Policy and procedures for ensuring the protection of privacy rights of indi viduals, and staff will return to Council for approval of said guidelines and da ta systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) system video data recording and storage capability has not been activated and will not be ac tivated until the City Council approves a Privacy and Data Retention Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following five sources only: Port Video and Intrusion Detection Cameras, City of Oakland GIS and intersection cam eras, City of Oakland Shot Spotter Audio Recording System, Port of Oakland GIS, and Port of Oakland Vessel Tracking System; and that the addition of any new dat a or video feed sources shall require notification to the Oakland City Council a nd confirmation of compliance with the Privacy and Data Retention Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed la nguage amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together th e proposed language. Please let me know if there are any additional issues or items that require staf f follow up. Thank you for your time, leadership and support. From: Domingo, Renee Sent: Tuesday, July 30, 2013 10:52 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; 'jkarchmer@po rtoakland.com'; 'mdavies@portoakland.com'; 'mobrien@portoakland.com' Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Re: Meeting wtih ACLU - Follow Up Hi CM Schaaf: I am good with the language but will defer to City Attorney as to form and legal ity. Thank you! ________________________________ From: Schaaf, Libby To: Domingo, Renee; Kalb, Dan; McElhaney, Lynette; Baig, Ahsan; jkarchmer@portoa kland.com ; mdavies@portoakland.com ; mobrien@portoakland.com Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Sent: Tue Jul 30 10:50:02 2013 Subject: RE: Meeting wtih ACLU - Follow Up Here is language I m thinking about. Please provide feedback and comments: Whereas, the City wants to ensure that there are appropriate safeguards to prote ct the privacy rights of individuals and ensure public confidence in the operati on of the City/Port Joint Domain Awareness Center; Further Resolved: During Phase 2, City/Port will develop Privacy and Data Reten tion Policy and procedures for ensuring the protection of privacy rights of indi viduals, and staff will return to Council for approval of said guidelines and da ta systems in March 2014; and be it Further Resolved: The City/Port Joint Domain Awareness Center (DAC) system video data recording and storage capability has not been activated and will not be ac tivated until the City Council approves a Privacy and Data Retention Policy for the City/Port Domain Awareness Center. Further Resolved: That The City/Port Joint Domain Awareness Center (DAC) Phases 1 and 2 includes data and video feeds from the following three sources only: Por t Video and Intrusion Detection Cameras, City of Oakland GIS and intersection ca meras, and the City of Oakland Shot Spotter Audio Recording System; and that the addition of any new data or video feed sources shall require notification to th e Oakland City Council and confirmation of compliance with the Privacy and Data Retention Policy. From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed la nguage amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together th e proposed language. Please let me know if there are any additional issues or items that require staf f follow up. Thank you for your time, leadership and support. From: P Junge Sent: Tuesday, July 30, 2013 10:42 AM To: Stoffmacher, Bruce; Schaaf, Libby; Ruhland, Lisa; Nosakhare, Shereda Subject: Domain Awareness Center - SUPPORT Attachments: DACSc.pdf Dear Council Member Schaaf: On behalf of the Oakland Metropolitan Chamber of Commerce I urge you to accept t he $2 million offered by the federal government to enhance the joint Port/City D omain Awareness Center (DAC). The project will enhance the safety and security of our citizens in the event of any number of potential disasters both natural a nd man-made. The DAC will integrate a network of existing surveillance and security sensor da ta to actively monitor critical Port facilities, utility infrastructure, city fa cilities and roadways. Information management software will be used together wit h video analytics to screen and monitor the data as well as coordinate incident management. We understand there have been concerns expressed about privacy. These concerns a re misplaced however as the system will collect data from public spaces or with the consent of property owners. Just as President Obama has said there is a nee d to balance privacy rights against the need for security. Surely observations made in public spaces shared by all of us are not protected by any privacy inter est. In a time of to accept. funds is not do have even limited resources this project has two benefits you should be quick It is a grant that is either accepted or lost. And the program it only vitally important but will allow you to use the resources you more efficiently. Sincerely, Joseph J. Haraburda President & CEO Paul Junge (510) 874-4817 Vice President Director of Public Policy Oakland Metropolitan Chamber of Commerce pjunge@oaklandchamber.com From: Margarita Lacabe Sent: Monday, July 29, 2013 12:20 PM To: Schaaf, Libby Subject: Domain Awareness Center. Dear Ms Schaaf: My name is Margarita Lacabe. I'm a human rights activist, living in San Leandro . I'm also an elected member of the Alameda County Democratic Central Committee , representing AD 18 (San Leandro, Alameda and most of Oakland). I ran for the Committee on a platform of human rights and individual liberties, and was the se cond top vote-getter in Oakland (out of 20 candidates), even though I have no na me recognition in your city. I mention this because I believe it gives me some authority to speak not just on behalf of myself, but of the thousands of people in Oakland that put their trust on me - as they did on you - to stand up for civ il liberties. I am writing to ask you to vote against the Domain Awareness Center. As you kno w, the DAC would pull in the feeds from over one thousand cameras pointed at Oak land residents, workers and visitors, and save and organize the data so that it can be used to track the movements of citizens who are not suspected of any crim inal activity. The information will be shared with other intelligence agencies, to help create even more detailed profiles of anyone who ever finds themselves in Oakland. As a human rights activist this means that my freedom to meet with victims of ab use, with other activists or with journalists in Oakland is compromised: Big Bro ther is watching. How can I assure the safety of any whistle blower or of any v ictim of government abuse, when those responsible can find out so easily about s uch contacts? We also cannot dismiss how the private information gathered on public figures ca n and will be used against them socially and politically. Most famously, the FB I's surveillance of Martin Luther King found he was engaging in extra-marital af fairs. The information was then used to blackmail MLK and even try to get him t o commit suicide. City staff is asking you to approve the project without including any privacy sa feguards whatsoever. Public comment will only be allowed once the project is al most fully operational and it's too late to make any actual changes. That viola tes any and all notions of due process. I humbly request that you put a stop to these machinations and don't allow the f alse rhetoric of safety - false as study after study shows that cameras don't he lp reduce crime - to be used as an excuse to take away even more of our freedom. Thank you, Marga -Margarita Lacabe on Gmail margalacabe@gmail.com Check out my San Leandro blog at http://sanleandrotalk.voxpublica.org/ and my Alameda Democratic Politics blog at http:/ /democraticpolitics.tumblr.com/ Facebook : http://www.facebook.com/sanleandrotalk Twitter: https://twitter.com/#!/SanLeandroTalk From: Sandy Sanders Sent: Saturday, July 27, 2013 1:49 PM To: Kalb, Dan; Kernighan, Pat; At Large; Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry Cc: McElhaney, Lynette Subject: cc: A Domain Awareness System for the City of Oakland is a Reall y Bad Idea My apologies, I forgot to cc: the other 7 members of the Oakland City Council... Dear Councilmember McElhaney, I am contacting you regarding the "Domain Awareness Center" item of the July 30t h agenda. As you experienced, about a dozen of us were at the July 16 City Counc il meeting to express extreme distress at this item moving so quickly through ou r City government process. I am writing you now to let you know there is a very substantial community in Oakland that does not want this surveillance system exp anded from the Port into the community of the City of Oakland under any circumst ance. We find the incremental implementation of street level surveillance uncons titutional, unnecessarily invasive and Orwellian, and in the end creating an env ironment of pre-emptive vigilante justice, and capricious uses, that will be des tructive to community and most likely cause police actions that harm, injure or kill Oaklanders more than are already occurring. This could lead to lawsuits tha t may further devastate City revenues. I don't think it is possible to overestimate the concern we have that this syste m, while seemingly serving the needs of an understaffed police force, will be ab used and misused by police, government and private contractors. It is just simpl y too much power in the hands of unaccountable entities. While our initial conce rns grow out of standard "1984" style authoritarian fears of a state out of cont rol, there have been a number of facts, articles and studies recently that subst antiate these fears. And we are certain that once these issues are fully vetted that the city council will come to the conclusion that this system should be kep t in the Port of Oakland as designed. We understand the reasoning to have this system deployed at the Port of Oakland but a "mission creep" into our schools/neighborhood/parks and public venues is b eyond problematic as it curtails people's right to not be followed/watched like a criminal. Will this capability be used to pre-emptively, and illegally, arrest and halt political protest as has been done in NYC (see http://privacysos.org/n ode/516)? In the "land of the free" one should be able to feel like they are not being watched and have data collected and, who knows, examined and stored or ma nipulated into some manufactured evidence in some fictitious "Minority Report" s cenario. Surveillance systems, such as Domain Awareness, have been implemented in London, New York, Baltimore, the Port of Long Beach and elsewhere. We are currently cul ling all the information we can about these systems, their effects on their muni cipalities, citizens and economy. We believe after studying this information it will become apparent that these systems do not, in fact, effectively prevent cri me or environmental hazards. In fact they are a revenue stream for the surveilla nce industrial complex, creating more problems than they solve. They potentially victimize innocent citizens, require significant resources to staff and maintai n and they promote speculative justice and a shoot-from- the-hip mentality with anyone who uses them. These misuses can be made by police, government or private contractors and any staff cleared to use these systems. Government is encourage d to use these automated processes to draw in ticketing revenues for defunded co ffers when they should be taxing the 1% who are getting a free ride on the backs of the 99%. These are some of the many downsides we would like to explore with the Council before making any decision. This issue must be held aside until we a re able to present this important information to the Council and the citizens of Oakland. You should be receiving emails and correspondence from other Oaklanders in regar d to these issues. Some of the issues our group has discussed are listed below a nd should become familiar to you before and during the July 30th hearing. 1) Privacy and Fourth Amendment Issues. 2) Potential criminalization of constitutionally protected political dissent. 3) Potentially heightened conditions of racial discrimination. 4) A lack of program guidelines that assure the constitutional rights of citizen s are protected. 5) Public awareness and knowledge of what a Domain Awareness System will actuall y implement in the City. 6) Is this DAS merely a kernel of a progressively expansive surveillance system? 7) Is the military contractor SAIC inordinately influencing the growth of this s ystem for the sake of future profits when the City really does not need this sys tem? 8) Does mass surveillance actually work to fight crime? 9) Will this surveillance system be misused by government or contract employees to harm innocent citizens as has been disclosed by Edward Snowden, Bradley Manni ng, WikiLeaks and other whistleblowers of our national security agencies? 10) Would society need mass surveillance systems if they were truly egalitarian and all citizens had access to the same quality of food, shelter, schools, healt h care and income equality? I would also like to point out that articles about this potential Oakland DAC ha ve been written up recently by Truth-Out, the Center for Investigative Reporting , Oakland Local, the San Francisco Chronicle, NBC Bay Area, and by journalist Da rwin Bond Graham. Thank you for your time and consideration of these issues. See you on Tuesday. Sincerely, Sandy Sanders 2200 Adeline St., #250A Oakland, CA 94607 From: Domingo, Renee Sent: Friday, July 26, 2013 6:28 PM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette Cc: Deloach Reed, Teresa; Fierro, Rocio; Sotelo, Amadis Subject: Meeting wtih ACLU - Follow Up Attachments: Proposed Language and Edits to DAC Resolution for Phase 2.docx Importance: High Esteemed Council members: As a follow from the meeting with the ACLU, please find attached the proposed la nguage amendment to the resolution regarding the video and data retention issues that were raised and that we discussed with the ACLU representatives. I worked with the Port staff, City Attorney s office staff and DIT staff to put together th e proposed language. Please let me know if there are any additional issues or items that require staf f follow up. Thank you for your time, leadership and support. From: Joshua Daniels Sent: Friday, July 26, 2013 3:00 PM To: Quan, Jean; At Large; Kalb, Dan; Brooks, Desley; McElhaney, Lynette; Rei d, Larry; Kernighan, Pat; Gallo, Noel; Wald, Zachary; Chan, Ada; Schaaf, Libby; Burgos, Claudia (was Jimenez); Jones, Andre; Luby, Oliver; Lambert, Dannette; Ge rard, Jennie; Farmer, Casey Subject: Please Reject The DAC Surveillance Center Members of the Oakland City Council, My name is Joshua Daniels and I have been a resident of Oakland's council distri ct 3 for the past 5 years. I am writing today to urge you to reject Item 35 on t he agenda for the special meeting of the Oakland City Council on July 30, 2013, which is funding for Phase 2 of the Domain Awareness Center project ( http://oak landwiki.org/Domain_Awareness_Center ). I personally have no problem with these DHS funds being spent on reasonable secu rity measures for the port itself, as long as there are well-vetted assurances t hat those measures will not violate the privacy rights and constitutional rights of Oakland residents. However, the expansion of this system beyond the port to include public and private cameras and sensors from all over Oakland, as describ ed in the plans for Phase 2 of the DAC, is a classic example of "mission creep" and the continued militarization of our communities. Oakland has an epidemic of violent crime, but there is a large and mounting body of research that shows that doing things like militarizing law enforcement, sto p and frisk policing, implementing ubiquitous surveillance systems, etc. actuall y make communities less safe. It makes sense -- when you treat innocent citizens like prisoners or "the enemy," the social contract has been broken. I would enc ourage you all to read a piece published in The Atlantic last week that focused on a violence-prevention program at a notoriously violent school in Philadelphia (http://www.theatlantic.com/national/archive/2013/07/a-philadelphia-schools-big -bet-on-nonviolence/277893/ ). When the school district decided to remove the m etal detectors from the school, to stop treating students like prisoners, and st art offering them real human support, violence dropped by 90%. Spying on your re sidents isn't the way to restore trust and safety in this community. I think dee p down you all know that. Earlier this week, a bi-partisan piece of legislation in the House of Representa tives to de-fund parts of the NSA and prohibit the warrantless electronic survei llance of Americans by the NSA (the Amash Amendment) failed by only 12 votes, an d probably failed largely because it was a rather clumsy piece of policy. Rep. B arbara Lee voted for the Amash Amendment, signaling her willingness to support e ven Republican-sponsored legislation to rein in the ever-expanding surveillance state. Also earlier this week, Senator Ron Wyden of Oregon delivered an eloquent speech warning of the dangers of ubiquitous domestic surveillance, saying, "If we do not seize this unique moment to reform our surveillance laws and practices , we are all going to live to regret it" (his remarks can be found here: http:// www.wyden.senate.gov/news/blog/post/wyden-on-nsa-domestic-surveillance). The Ame rican people are waking up to the fact that the sprawling surveillance and milit ary industrial complex isn't keeping them safer, but draining the country of mon ey, resources, brilliant minds, and bright futures, and depriving us of a world of peace and justice. Congress is making a stand right now. The Amash Amendment may not have passed, but it was closer than anyone imagined it would be, and it signals the changing sentiments in this country regarding domestic militarizatio n (http://www.nytimes.com/2013/07/26/us/politics/challenges-to-us-intelligence-a gencies-recall-senate-inquiry-of-70s.html?_r=0 ). Let's take a stand here locall y as well, especially since the iron is hot in many respects right now. I don't believe the Oakland city council necessarily wants to use such a system against the people, but regardless of intentions, this project would help put in place w hat many have called "turnkey totalitarianism." Let's be conscious of our moment in history, and say no to this Brave New World. The entity making any proposition has the burden of proof. In this case, the cit y council is proposing to install a sprawling and invasive surveillance system a ll over Oakland, so the burden of proof is yours to show that it is needed and w ould help improve the safety and quality of life in this community. It is my con tention that you haven't submitted the slightest bit of evidence to that effect, much less met the burden of proof. And even if you did meet the burden of proof , and did show this system is needed, you would still need to publicly vet priva cy concerns, agree on best practices, have data retention policies in place, inf orm the public what agencies would have access to this data, etc. etc. BEFORE bu ilding out the system, not after. So I beg of you, don't begin with the assumption that this DAC project is a good thing, and just look for a way to pass it. From my perspective the likelihood o f having more negative than positive outcomes from such a system is a very real (and scary) possibility. Let's reject this poorly-conceived plan outright and in stead focus our attention on substantive reforms in our city's government that a ctually will restore trust, safety, and justice in our community. Most Sincerely, Joshua Daniels Oakland District 3 Resident From: Linda Lye Sent: Thursday, July 25, 2013 11:28 PM To: Schaaf, Libby; Kalb, Dan Subject: RE: meeting Attachments: SAIC Inc - part 1.pdf Dear Councilmembers Schaaf and Kalb, Thank you so much for organizing the meeting today and inviting me to attend. I appreciate your efforts to get more information and find a compromise position. That said, I wanted to express my grave reservations about the potential appro ach of allowing the DAC to proceed to the next phase and letting the privacy pol icies come back later for vetting. Staff recently prepared a supplemental report, recently posted on the City Counc il's website, that lays out various key milestones for Phase 2 -- approval of wh ich is before you on Tuesday. The list of milestones suggests that Phase 2 consists almost entirely of develop ing policies and procedures. This fails to acknowledge that the primary purpose of Phase 2, at least according to the Request for Proposal issued by the City i n October 2012 is to "Design-Build-Maintain Technology Linkage System" and also to "Design-Build Existing Building Improvements" - both based on the deliverable s identified in Phase 1. (I apologize in advance as I am writing from my ancien t home computer and am not able to send you only the relevant documents. I am t herefore attaching a somewhat large PDF - the RFP begins at page 80 of the attac hed PDF and the language I have just quoted that defines the services to be deli vered in Phase 2 begins at page 85.) Part A of Phase 2 contemplates that the co ntractor "shall deliver a comprehensive DAC-TLS [Domain Awareness System Technol ogy Linkage System] that consists of configuration data, hardware, process docu mentation, training and support designed specifically for day-to-day public saf ety operations, security, emergency responses, and business recovery uses and ap plications tailored to the specific needs of the City/Port." (Page 86 of attach ed pdf.) In other words, the point of Phase 2 is the build the DAC -- both the network ar chitecture as well as the physical infrastructure. Privacy policies will be pro posed, for the first time, in April 2014, near the end of Phase 2, when the DAC will have been virtually entirely built out. The fact that staff is now proposing to draft privacy policies during Phase 2 (t his was nowhere mentioned in the RFP) really doesn't change the fundamental cart -before-the-horse nature of this approach. As a practical matter, the Council already and understandably feels tremendous p ressure to keep this project moving, at the end of Phase 1 and before Phase 2 ha s even begun. What sort of meaningful opportunity will there really be in April 2014 to debate privacy issues when the project has essentially been built? Man y in the community have serious reservations about how the privacy policies shou ld be drafted, and from having been through this process before, I assure you th e devil is in the details. With the project almost entirely built, as will be t he case in April 2014, there will be enormous pressure to allow the DAC to come fully online, and the community will have very little leverage to push for meani ngful privacy protections. Many in the community also have serious reservations about whether the DAC should be built at all. Realistically speaking, there wi ll be virtually no room for discussion of that threshold question when the proje ct is nearly built. I urge you to withhold approval of Phase 2 until the privacy issues are vetted. Sincerely, Linda Lye Staff Attorney, ACLU-NC From: Schaaf, Libby [LSchaaf@oaklandnet.com] Sent: Tuesday, July 23, 2013 1:12 PM To: Linda Lye Cc: Farmer, Casey; Kalb, Dan; Bolotina, Olga; McElhaney, Lynette; Ruhland, Lisa; Santana, Deanna; Domingo, Renee; Baig, Ahsan Subject: Re: meeting Great! Thanks for letting us move it to 3pm. Mike O'Brien and Matt Davis from th e Port of Oakland will be attending as well. Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 23, 2013, at 11:06 AM, "Linda Lye" wrote: Thank you for arranging this. I look forward to meeting you all then. May I bri ng someone from my office? Best, Linda Linda Lye Staff Attorney, ACLU-NC From: Schaaf, Libby [mailto:LSchaaf@oaklandnet.com] Sent: Tuesday, July 23, 2013 10:39 AM To: Linda Lye; Casey Farmer; Dan Kalb Cc: Olga Bolotina; Lynette McElhaney; Lisa Ruhland; Deanna Santana; Renee Doming o Subject: Re: meeting Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElhaney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologies, inclu ding the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend o r send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Hall. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" wrote: Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with yo u and others. Unfortunately, I m out of town on Friday and Monday, but could meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 _______________________________________________________________________ This message and any files or text attached to it are intended only for the reci pients named above, and contain information that may be confidential or privileg ed. If you are not an intended recipient, you must not read, copy, use or disclo se this communication. Please also notify the sender by replying to this message , and then delete all copies of it from your system. Thank you. From: Domingo, Renee Sent: Wednesday, July 24, 2013 2:01 PM To: Stoffmacher, Bruce; Schaaf, Libby Subject: Re: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed D AC. Hi Bruce: CM Schaaf had already approved of having attorney at meeting. She thought it was a good idea. Thanks ________________________________ From: Stoffmacher, Bruce To: Domingo, Renee; Schaaf, Libby Sent: Wed Jul 24 13:57:52 2013 Subject: RE: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues a s we utilize evolving information technologies, including the proposed DAC. Libby has family emergency today. I will make a judgment call and say no harm in inviting City Atty. thx Bruce Stoffmacher Community Liaison / Policy Analyst Office of Councilmember Libby Schaaf, City of Oakland - District 4 o: (510) 238-7041 f: (510) 238-6129 bstoffmacher@oaklandnet.com To subscribe to our newsletter, click: here ! _____________________________________________ From: Domingo, Renee Sent: Tuesday, July 23, 2013 8:23 PM To: Schaaf, Libby Cc: Stoffmacher, Bruce; Ruhland, Lisa Subject: RE: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues a s we utilize evolving information technologies, including the proposed DAC. Importance: High Hi CM Schaaf: Should we invite our designated representative from City Attorney s office that wi ll be assisting us in drafting the policies?? It my useful so they can hear the conversation first hand related to the concerns. Please advise. Thanks much. :-) -----Original Appointment----From: Ruhland, Lisa On Behalf Of Schaaf, Libby Sent: Tuesday, July 23, 2013 11:08 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Farmer, Casey; Bolotina, Olga; Domingo, Renee; Santana, Deanna; 'llye@aclunc.org' Subject: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed DAC. When: Thursday, July 25, 2013 3:00 PM-4:00 PM (GMT-08:00) Pacific Time (US & Can ada). Where: Council Office Large Conference Room Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElhaney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologies, inclu ding the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend o r send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Hall. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" > wrote: Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with yo u and others. Unfortunately, I m out of town on Friday and Monday, but could meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 From: Stoffmacher, Bruce Sent: Wednesday, July 24, 2013 1:58 PM To: Domingo, Renee; Schaaf, Libby Subject: RE: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed D AC. Libby has family emergency today. I will make a judgment call and say no harm in inviting City Atty. thx Bruce Stoffmacher Community Liaison / Policy Analyst Office of Councilmember Libby Schaaf, City of Oakland - District 4 o: (510) 238-7041 f: (510) 238-6129 bstoffmacher@oaklandnet.com To subscribe to our newsletter, click: here ! _____________________________________________ From: Domingo, Renee Sent: Tuesday, July 23, 2013 8:23 PM To: Schaaf, Libby Cc: Stoffmacher, Bruce; Ruhland, Lisa Subject: RE: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues a s we utilize evolving information technologies, including the proposed DAC. Importance: High Hi CM Schaaf: Should we invite our designated representative from City Attorney s office that wi ll be assisting us in drafting the policies?? It my useful so they can hear the conversation first hand related to the concerns. Please advise. Thanks much. :-) -----Original Appointment----From: Ruhland, Lisa On Behalf Of Schaaf, Libby Sent: Tuesday, July 23, 2013 11:08 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Farmer, Casey; Bolotina, Olga; Domingo, Renee; Santana, Deanna; 'llye@aclunc.org' Subject: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed DAC. When: Thursday, July 25, 2013 3:00 PM-4:00 PM (GMT-08:00) Pacific Time (US & Can ada). Where: Council Office Large Conference Room Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElhaney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologies, inclu ding the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend o r send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Hall. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" wrote: Thanks so much for reaching out to me. I d be delighted to meet with yo Dear Libby u and others. Unfortunately, I m out of town on Friday and Monday, but could meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 From: P Junge Sent: Wednesday, July 24, 2013 10:08 AM To: Allene Warren; Bob Jackson; brad.kearns@acgov.org; Cook, Brigitte; Bruce Nye; Burgos, Claudia (was Jimenez); Don Link; EC Reems; Ed Gerber; Geoff Collin s; Merriouns, Iris; Gerard, Jennie; Jennie Ong; Jill Broadhurst; Jim Oddie; ca.g ov@ppmail1.oaklandnet.com; jharaburda@oaklandchamber.com; jtuman7643@aol.com; Jo se Duenas; Junious Williams; keithhouston2005@yahoo.com; Nancy O'Malley; Gallo, Noel; Nyeisha DeWitt; Kernighan, Pat; Paul Hora; Paul Reems; Robert Wilkins; Sch aaf, Libby; Bolton, Christopher; Tom Orloff; Treva Reid; Verleeta White; Wil Har dee Subject: July 26 2-4 pm Extra Topic All- Another reminder OPD Chief Sean Whent will meet with us Friday (July 26) from 24 pm here at the Chamber. Renee Domingo the city's director of emergency services will join us to talk abo ut Domain Awareness Center (DAC), a joint project between the Port of Oakland an d the city, started as a nationwide initiative to secure ports by connecting mot ion sensors and cameras in and around the shipping facilities. Since its incepti on in 2009, however, the project has evolved into a program that would cover muc h of the city. Paul Junge (510) 874-4817 Vice President Director of Public Policy Oakland Metropolitan Chamber of Commerce pjunge@oaklandchamber.com From: Joshua Daniels Sent: Wednesday, July 24, 2013 8:47 AM To: Schaaf, Libby Subject: Let's talk Councilmember Schaaf, My name is Joshua Daniels. I'm the D3 resident that had the unfortunate incident at the vigil in your district last week. Miguel (@guelo on Twitter) made me awa re of a tweet I hadn't seen where you encouraged me to contact you about the inc ident. Thanks for being willing to talk to me. I sent the letter to the mayor, e very city councilmember, every listed staff of every councilmember, tweeted it n umerous times, and this is the first response of any kind that I have gotten. I can't seen to get my own councilmember in D3 to even talk with me, which makes m e even more concerned about the state of Oakland government. Communicating via email or social networking sites can often be needlessly adver sarial. There is also a lot of nuance that can be lost. I am free much of the da y today (Wednesday the 24th) and live just a few blocks away from city hall. If you have 10-15 minutes today when we might be able to meet and talk in person, I think the chances of having a respectful, honest, and open conversation is much better. I prefer to talk face to face when there is a high chance of being misi nterpreted through written words alone. I also understand that you have reached out to the ACLU of Northern California t o research privacy guidelines for the DAC surveillance system. I personally have no problem with these DHS funds being spent on security for the port, but the e xpansion of this system beyond the port to include private cameras all over Oakl and is a classic example of mission creep and the militarization of our communit ies. The entity making the proposal has the burden of proof. In this case, you a re making the proposal to install this surveillance system all over Oakland, so the burden of proof is yours to show that it is needed and would help improve th e safety and quality of life in this community. So I beg of you, when considerin g this project, don't begin with the assumption that this is a good thing, and j ust look for a way to pass it. From my perspective the likelihood of having more negative than positive outcomes from such a system is a very real (and scary) p ossibility. There is a bi-partisan bill going before congress today to try to de-fund parts of the NSA (the Amash Amendment). Senator Wyden of Oregon delivered an eloquent speech yesterday warning of the dangers of ubiquitous domestic surveillance,warn ing, "If we do not seize this unique moment to reform our surveillance laws and practices, we are all going to live to regret it" (his remarks can be found here : http://www.wyden.senate.gov/news/blog/post/wyden-on-nsa-domestic-surveillance) . The American people are waking up to the fact that the sprawling surveillance and military industrial complex isn't keeping them safer, but draining the count ry of money, resources, brilliant minds, bright futures, and a world of peace an d justice. Congress is taking a stand right now. Let's take a stand here locally as well, especially since the iron is hot in many respects right now. I don't b elieve the Oakland city council wants to use such a system against the people, b ut regardless of intentions, this would put in place what many have called "turn key totalitarianism." Let's be conscious of of moment in history, and say no to this Brave New World. If you would like to speak about the assault today please let me know. I'm happy to meet you at you office, or somewhere for coffee or something. Thanks, Joshua Daniels 581 18th Street Oakland, CA 94612 Cell: 510.725.7993 From: Steve Kopff Sent: Wednesday, July 24, 2013 7:37 AM To: Schaaf, Libby Subject: Re: Federal Grants for Oakland Surveillance Thank you Libby for all your efforts. I've been watching your voting record sinc e we moved here in late January and I want to commend you for being on the right side of the issues and taking a stand for them. Please keep up your good workit will pay off. And even though the fed grant only covers the Port, it would be a great way to g et the system in place, test it out and work out kinks before it is implemented in the rest of Oakland. Even though I am not in your district please let me know if I can ever send out emails to get ground support to email our show up at meetings for anything. Betw een my own email list and the Lakeshore neighbors list I have over 500 people I can reach to deliver a message. Best regards, Steven J. Kopff, CPA 1218 E. 21st Street Oakland, CA 94606 510 479-3660 Fax 415 651-8565 From: "Schaaf, Libby" To: Steve Kopff Sent: Wednesday, July 24, 2013 2:11 AM Subject: Re: Federal Grants for Oakland Surveillance Thanks for writing and for caring! I believe we can move forward with the propos ed DAC as well as address the privacy concerns raised. Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 18, 2013, at 6:14 PM, "Steve Kopff" wrote: Dear Oakland Council Members, I was put off this morning when I read in the Chronicle that you have po stponed a vote on accepting $2M in federal grants to fund the surveillance cente r at the Emergency Operations Center on Martin Luther King Jr. Way. I do hope th ose of you in favor of accepting the funds hold your ground and make the vote wh en it next comes up. My partner and I recently moved to Oakland just East of Lake Merritt in the Clinton neighborhood (greater Brooklyn neighborhood) and we are still dismay ed at the lack of trust with the OPD. I've lived in SF for 17 years so I am very familiar with all the background of why the mistrust exists. However, you can n ot ignore all the reports for the suggestions on how to fix the issues with the OPD and expanding this program was strongly recommended. If the system was in pl ace the OPD would have a better chance to catch the people responsible for defac ing property and breaking windows at the protest rallies, would be able to ident ify who is vandalizing public property with graffiti, and catch criminals better by being able to identify them. There is a new wave of people moving to Oakland right now and if you fai l to recognize that then your council seats will be at risk. We personally have 5 couples fed up with trying to buy in SF and are now turning their attention to Oakland. This does not count all the renters making the switch here as well. Lo ts of them are younger and adding a vibrant pulse to our city. All you need to d o is take a short walk around Lake Merritt and you will see the influx of new pe ople of all ethnicities, ages, sexual orientation and social economic classes th at is quickly changing our city again, further diversifying it. Right now a loud , very vocal group of people are speaking up about their mistrust of the system and the police. I assure you that the new wave of people moving in and the futur e waves rolling in after do not have the same mistrust of the police. We want to work with the OPD, our elected officials, and anyone we can to improve our safe ty and ability to live a life not worried about the criminal that is going to co me into a coffeeshop, hold it up and take peoples' money and laptops (as happene d in our neighborhood this week). I urge to plan for the future. Please overcome YOUR mistrust of the OPD and start implementing all the recommendations that were given to overhaul it. I f you fail to do so then YOU are part of the problem since it is your job to mak e sure that the Oakland citizens have adequate protection, whether or not they t rust the police. We, the new wave of Oaklanders, are keeping score on how you vo te on all these issues that are important to us. Though we might not be as vocal as the outraged few mistrusting the OPD and might not show up to the meetings, we do have strong feelings on this and we do tend to vote in favor of those supp orting our goals for the changing Oakland. In short- start doing your job and make the difficult decisions it takes to steer Oakland back on a better course. If not, we will make sure to support candidates that can and will make the tough decisions for you. Steven J. Kopff, CPA 1218 E. 21st Street Oakland, CA 94606 From: Domingo, Renee Sent: Tuesday, July 23, 2013 11:25 PM To: Schaaf, Libby; Santana, Deanna Subject: Re: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed D AC. Okay. Will do. ________________________________ From: Schaaf, Libby To: Domingo, Renee; Santana, Deanna Sent: Tue Jul 23 23:38:20 2013 Subject: Re: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues a s we utilize evolving information technologies, including the proposed DAC. Great idea! Please invite anyone who you think should be there. Subscribe to my informative e-news at libbyschaaf.com ! On Jul 23, 2013, at 8:20 PM, "Domingo, Renee" wrote: Hi CM Schaaf: Should we invite our designated representative from City Attorney s office that will be assisting us in drafting the policies?? It my useful so they can h ear the conversation first hand related to the concerns. Please advise. Thanks much. :-) -----Original Appointment----From: Ruhland, Lisa On Behalf Of Schaaf, Libby Sent: Tuesday, July 23, 2013 11:08 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Farmer, Casey; Bolotin a, Olga; Domingo, Renee; Santana, Deanna; 'llye@aclunc.org' Subject: Linda Lye, ACLU Attorney, re: advice on addressing privacy issu es as we utilize evolving information technologies, including the proposed DAC. When: Thursday, July 25, 2013 3:00 PM-4:00 PM (GMT-08:00) Pacific Time ( US & Canada). Where: Council Office Large Conference Room Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElha ney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologie s, including the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend or send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Ha ll. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" > wrote: Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with you and others. Unfortunately, I m out of town on Friday and Monday, but co uld meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 From: Linda Lye Sent: Tuesday, July 23, 2013 10:52 PM To: Schaaf, Libby; Ruhland, Lisa Subject: RE: Closed Session for Thursday Cancelled. I'm fine either way, but I think 45 mins should be enough, so shall we keep it a t 3? Thanks. Linda ________________________________ From: Schaaf, Libby [LSchaaf@oaklandnet.com] Sent: Tuesday, July 23, 2013 8:14 PM To: Linda Lye; Lisa Ruhland Subject: Fwd: Closed Session for Thursday Cancelled. We now have the ability to move our meeting earlier if you need us to. If we don 't hear back from you we'll assume we are sticking with 3pm. Please sign up for informative newsletter at libbyschaaf.com ! Begin forwarded message: From: "Kernighan, Pat" Date: July 23, 2013 6:39:22 PM PDT To: "DL - City Council" Subject: Closed Session for Thursday Cancelled. Councilmembers: So sorry for yet another scheduling change, but we must cancel the Thurs day Closed Session. It was going to be solely for wrapping up the labor issues. Unfortunately, Ms. Preston got food poisoning and is horribly sick. We wish her a speedy recovery, but realistically, she will not be well enough in time to p repare for Thursday. So . We are in for very long Closed Session on Tuesday, July 30. Please p lan to start at 1:00 pm and go to 5:00 pm. My goal is for us to have 30 minutes to stretch our legs before starting the marathon meeting at 5:30 Tuesday. Pat Kernighan Oakland City Council President And Councilmember for District 2 1 Frank H. Ogawa Plaza Oakland, CA 94612 510-238-7002 pkernighan@oaklandnet.com From: Domingo, Renee Sent: Tuesday, July 23, 2013 8:23 PM To: Schaaf, Libby Cc: Stoffmacher, Bruce; Ruhland, Lisa Subject: RE: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed D AC. Importance: Hi CM Schaaf: Should we invite our designated representative from City Attorney s office that wi ll be assisting us in drafting the policies?? It my useful so they can hear the conversation first hand related to the concerns. Please advise. Thanks much. :-) -----Original Appointment----From: Ruhland, Lisa On Behalf Of Schaaf, Libby Sent: Tuesday, July 23, 2013 11:08 AM To: Schaaf, Libby; Kalb, Dan; McElhaney, Lynette; Farmer, Casey; Bolotina, Olga; Domingo, Renee; Santana, Deanna; 'llye@aclunc.org' Subject: Linda Lye, ACLU Attorney, re: advice on addressing privacy issues as we utilize evolving information technologies, including the proposed DAC. When: Thursday, July 25, 2013 3:00 PM-4:00 PM (GMT-08:00) Pacific Time (US & Can ada). Where: Council Office Large Conference Room Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElhaney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologies, inclu ding the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend o r send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Hall. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" wrote: Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with yo u and others. Unfortunately, I m out of town on Friday and Monday, but could meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda High Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 From: Linda Lye Sent: Tuesday, July 23, 2013 5:39 PM To: Schaaf, Libby Subject: RE: meeting Dear Libby, I am getting some thoughts down on paper that are a more fleshed out version of our position than any off the cuff comments I made on the phone. Wi ll have my written comments to you in advance of our meeting. Thanks so much for reaching out and setting up this meeting. Best, Linda Linda Lye Staff Attorney, ACLU-NC From: Schaaf, Libby [mailto:LSchaaf@oaklandnet.com] Sent: Tuesday, July 23, 2013 10:39 AM To: Linda Lye; Casey Farmer; Dan Kalb Cc: Olga Bolotina; Lynette McElhaney; Lisa Ruhland; Deanna Santana; Renee Doming o Subject: Re: meeting Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElhaney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologies, inclu ding the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend o r send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Hall. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" wrote: Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with you and others. Unfortunately, I m out of town on Friday and Monday, but co uld meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 _______________________________________________________________________ This message and any files or text attached to it are intended only for the recipients named above, and contain information that may be confidential or privileged. If you are not an intended recipient, you must not read, copy, use o r disclose this communication. Please also notify the sender by replying to this message, and then delete all copies of it from your system. Thank you. From: Linda Lye Sent: Tuesday, July 23, 2013 11:06 AM To: Schaaf, Libby; Farmer, Casey; Kalb, Dan Cc: Bolotina, Olga; McElhaney, Lynette; Ruhland, Lisa; Santana, Deanna; Domi ngo, Renee Subject: RE: meeting Thank you for arranging this. I look forward to meeting you all then. May I bri ng someone from my office? Best, Linda Linda Lye Staff Attorney, ACLU-NC From: Schaaf, Libby [mailto:LSchaaf@oaklandnet.com] Sent: Tuesday, July 23, 2013 10:39 AM To: Linda Lye; Casey Farmer; Dan Kalb Cc: Olga Bolotina; Lynette McElhaney; Lisa Ruhland; Deanna Santana; Renee Doming o Subject: Re: meeting Linda, Let's meet this Thursday at 2:30pm. CM Dan Kalb and staff from CM McElhaney will be joining us. I appreciate your willingness to advise us on addressing privacy and mission creep issues as we utilize evolving information technologies, inclu ding the proposed DAC. By copy of this email I'm inviting City Administrator Deanna Santana to attend o r send appropriate staff. We'll be meeting in the City Council offices on the 2nd Floor of City Hall. See you Thursday! Best, Libby Please sign up for informative newsletter at libbyschaaf.com ! On Jul 22, 2013, at 6:20 PM, "Linda Lye" wrote: Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with you and others. Unfortunately, I m out of town on Friday and Monday, but co uld meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 _______________________________________________________________________ This message and any files or text attached to it are intended only for the recipients named above, and contain information that may be confidential or privileged. If you are not an intended recipient, you must not read, copy, use o r disclose this communication. Please also notify the sender by replying to this message, and then delete all copies of it from your system. Thank you. From: Linda Lye Sent: Monday, July 22, 2013 6:21 PM To: Schaaf, Libby Subject: meeting Dear Libby Thanks so much for reaching out to me. I d be delighted to meet with yo u and others. Unfortunately, I m out of town on Friday and Monday, but could meet in Oakland on Thursday between 11:30 and 3:45 (I have a 4 pm with OPD). I m also available on Tuesday (7/30) before 4 pm. Best, Linda Linda Lye Staff Attorney ACLU Foundation of Northern California 39 Drumm Street San Francisco, California 94111 tel. (415) 621-2493 fax. (415) 255-8437 _______________________________________________________________________ This message and any files or text attached to it are intended only for the reci pients named above, and contain information that may be confidential or privileg ed. If you are not an intended recipient, you must not read, copy, use or disclo se this communication. Please also notify the sender by replying to this message , and then delete all copies of it from your system. Thank you. From: Bryan Westfall Sent: Sunday, July 21, 2013 9:25 PM To: Schaaf, Libby Subject: Media Inquiry re: DAC Hello, My name is Bryan Westfall and I am an independent journalist based in the East B ay. My website can be found here: http://morecontext.net I'm writing a piece on the idea of 'Mission Creep' in the push for progressing s urveillance in the Bay Area (Oakland's DAC, ALCO Sheriff wanting a drone, SFPD C hief Suhr wanting more cameras on Market St.) My approach to this piece is as a regional matter. I know you are concentrated o n Oakland affairs, such as the DAC, but I'd also love to ask you a few questions on how the DAC might play into mission creep in the region. Because of this app roach I'd like to introduce you to some coverage of the privacy discussions in n eighboring cities I'm sure by now you've heard the idea of mission creep, but just in case here's a link to audio from Jennifer Urban (http://www.law.berkeley.edu/php-programs/fa culty/facultyProfile.php?facID=579) speaking at a town hall on drones (link) in Berkeley: https://soundcloud.com/forabitmorecontext/berkdrone-jennifer-urban ( start at :45 mark) Ms. Urban states, With mission creep: "The expansion of the new technology will expand and sometimes this meets with public expectations and sometimes this does not meet with public expectations." Question: I attended the City Council meeting on July 16th and while I noticed a spirited debate between the council and the privacy advocates, it made me wonde r what kind of outreach have you and the rest of the council done with the publi c to make sure the people you represent understand the DAC? Do you think this in tegration of existing cameras (mission creep) meets with public expectations? Back in February there was an Alameda Co. BOS meeting on drones in Oakland (http s://www.eff.org/deeplinks/2013/02/eff-and-aclu-testify-against-drone-use-alameda -county). Trevor Timm from the EFF spoke out against the purchase of a drone for many reasons, one of which being a lack of "binding and substantive privacy saf eguards." He went on to state "it is crucial to have rules of the road in place now. Because once the door is opened, it will become much harder to restrict dro ne use in the future." Question: I know Oakland is talking about cameras not drones, but considering th e lack of understanding that some of the council and system architects seemed to have on how the DAC would work (would it record etc), what kind of steps are be ing taken to better understand the system? Is the 2 weeks you've given yourselve s long enough to create, understand, and publicly vet operating guidelines (or ' best practices')? Are you comfortable approving 2mil for a program that is still being "work-shopped"? Berkeley has an anti-drone push which predates even the Sheriff's request for on e. In May they held a town hall on drones (http://forabitmorecontext.tumblr.com/ post/49446839744/if-berkeley-cant-stop-drones-theres-little) and invited the pub lic to come and dialogue with the Peace And Justice commission and Police Review Commission. Each of those commissions has a subcommittee on drones, but each fu ll commission was in attendance. Question: Have you had conversations with city leaders in Berkeley or San Franci sco re: the feedback they've had from their public on matters of increased surve illance? ALCO Sheriff Ahern has talked with the ACLU about guidelines for use if he shoul d purchase a drone. Question: Have you sought advice from civil liberties/rights orgs about the DAC? The SF Board of Supervisors have pushed back (in a meeting back in April) agains t the proposed cameras on Market. Supervisor Mar and Campos made very strong arg uments to Chief Suhr about making sure it's absolutely necessary and the need to make sure both privacy and safety are addressed. I know you are all very busy keeping Oakland running. Any feedback you could giv e me on these issues would be fantastic. I'm hoping to publish by the end of the weekend. Thanks! Bryan Westfall From: ben valentine Sent: Sunday, July 21, 2013 8:45 PM To: Schaaf, Libby Subject: Domain Awareness Center Dear Libby Schaaf, I live in Alameda County, and I am deeply concerned about the proposed expansion of the Domain Awareness Center, or agenda item 35. I am a firm believer that th e Fourth Amendment of the United States Constitution is imperative to a function ing democracy. I believe, as our founding fathers did, that no citizen should be investigated or treated as a criminal unless there is probable cause to do so. I believe that the Fourth Amendment is correct in stating that in order to monit or someone there must be a specific warrant issued, and that that warrant must i nclude the specifics of that which is to be monitored, anything less is unconsti tutional. I am well aware of the FISA court rulings and the Patriot Act, which with little congressional or public oversight has made this type of data collection legal, and I would make the same argument against those laws if they currently were und er the purview of the City Council. My only hope in reaching out to you now is t hat the unconstitutional nature of those laws may not be enacted to such a degre e in Oakland as the expansion of the Domain Awareness Center would allow. In the preamble to the Declaration of Independence it states that, "We hold thes e truths to be self-evident, that all men are created equal, that they are endow ed by their Creator with certain unalienable Rights..." The Fourth Amendment is one of those rights listed, and stands as a testament to the importance of treat ing humans as free, fair, and equal. The Declaration of Independence goes on to say, "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it". This center will destroy the rights of every East Bay citizen as well as any visitor to our city, and yo u must not allow it. Now I am showing up and using my right as a citizen to spea k out for my own liberty, the right granted to me by the same laws which granted you the power to vote on this item. I hope you make the right decision for all of our sakes. This item is unconstitutional and it is a threat to the safety of our democracy, of which I am very proud. As that you were born and raised in Oakland, as a for mer lawyer, and resident who has remained dedicated to improving the quality of life to all Oakland residents, I consider you an ally against this Item. Let us not bring this center into our city. Thank you so much for your time, Ben Valentine