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情報通信審議会　情報通信技術分科会　衛星通信システム委員会（第45回）

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　紙面が匂い立つことがある。私はこの著者のファンでほとんどの著作は読んでいるけれど、それは彼の文章の匂いに惹かれるからだと言ってもいい。でも、本書の匂いにはどこかで接したことがあるなあ…と読みながら思っていた。「あとがき」に辿り着いてその謎が解けた。あ、この匂いは橋本治さんなんだな。文体が似ているというわけではない。けれど橋本さんの『ああでもなくこうでもなく』（全5巻マドラ出版）が私の頭に浮かんだ。「あとがき」によれば、本書はいわゆる純文芸誌「群像」に＜その死によって中断し..

　能登半島地震に見舞われた年明けの日本列島、岸田政権はますますレームダック化している。　いま改めて岸田文雄首相の「話す力」の乏しさを思う。ひるがえってみれば、菅義偉の言葉は迫力がなかったし、安倍晋三は饒舌だったが、中身がなかった。というより安倍の場合は、その場限りの無責任な言葉だった。　私は一度だけある書籍の出版記念会で、安倍の挨拶を間近に聴いたことがある。５分余り、何のメモも見ず、800頁を超える大部な学術書のあらすじを簡潔に説明した後、自分はどこに感銘を受けたかを語ってい..

If you live in San Francisco, there is an election on March 5, 2024 during which voters will decide a number of specific local ballot measures—including Proposition E. Proponents of Proposition E have raised over $1 million …but what does the measure actually do? This will break down what the initiative actually does, why it is dangerous for San Franciscans, and why you should oppose it.

What Does Proposition E Do?

Proposition E is a “kitchen sink" approach to public safety that capitalizes on residents’ fear of crime in an attempt to gut common-sense democratic oversight of the San Francisco Police Department (SFPD). In addition to removing certain police oversight authority from the Police Commission and expanding the circumstances under which police may conduct high-speed vehicle chases, Proposition E would also amend existing laws passed in 2019 to protect San Franciscans from invasive, untested, or biased police technologies.

Currently, if police want to acquire a new technology, they have to go through a procedure known as CCOPS—Community Control Over Police Surveillance. This means that police need to explain why they need a new piece of technology and provide a detailed use policy to the democratically-elected Board of Supervisors, who then vote on it. The process also allows for public comment so people can voice their support for, concerns about, or opposition to the new technology. This process is in no way designed to universally deny police new technologies. Instead, it ensures that when police want new technology that may have significant impacts on communities, those voices have an opportunity to be heard and considered. San Francisco police have used this procedure to get new technological capabilities as recently as Fall 2022 in a way that stimulated discussion, garnered community involvement and opposition (including from EFF), and still passed.

Proposition E guts these common-sense protective measures designed to bring communities into the conversation about public safety. If Proposition E passes on March 5, then the SFPD can use any technology they want for a full year without publishing an official policy about how they’d use the technology or allowing community members to voice their concerns—or really allowing for any accountability or transparency at all.

Why is Proposition E Dangerous and Unnecessary?

Across the country, police often buy and deploy surveillance equipment without residents of their towns even knowing what police are using or how they’re using it. This means that dangerous technologies—technologies other cities have even banned—are being used without any transparency or accountability. San Franciscans advocated for and overwhelmingly supported a law that provides them with more knowledge of, and a voice in, what technologies the police use. Under the current law, if the SFPD wanted to use racist predictive policing algorithms that U.S. Senators are currently advising the Department of Justice to stop funding or if the SFPD wanted to buy up geolocation data being harvested from people’s cells phones and sold on the advertising data broker market, they have to let the public know and put it to a vote before the city’s democratically-elected governing body first. Proposition E would gut any meaningful democratic check on police’s acquisition and use of surveillance technologies.

It’s not just that these technologies could potentially harm San Franciscans by, for instance, directing armed police at them due to reliance on a faulty algorithm or putting already-marginalized communities at further risk of overpolicing and surveillance—it’s also important to note that studies find that these technologies just don’t work. Police often look to technology as a silver bullet to fight crime, despite evidence suggesting otherwise. Oversight over what technology the SFPD uses doesn’t just allow for scrutiny of discriminatory and biased policing, it also introduces a much-needed dose of reality. If police want to spend hundreds of thousands of dollars a year on software that has a success rate of .6% at predicting crime, they should have to go through a public process before they fork over taxpayer dollars. 

What Technology Would Proposition E Allow the Police to Use?

That's the thing—we don't know, and if Proposition E passes, we may never know. Today, if police decide to use a piece of surveillance technology, there is a process for sharing that information with the public. With Proposition E, that process won't happen until the technology has been in use for a full year. And if police abandon use of a technology before a year, we may never find out what technology police tried out and how they used it. Even though we don't know what technologies the SFPD are eyeing, we do know what technologies other police departments have been buying in cities around the country: AI-based “predictive policing,” and social media scanning tools are just two examples. And According to the City Attorney, Proposition E would even enable the SFPD to outfit surveillance tools such as drones and surveillance cameras with face recognition technology.

Why You Should Vote No on Proposition E

San Francisco, like many other cities, has its problems, but none of those problems will be solved by removing oversight over what technologies police spend our public money on and deploy in our neighborhoods—especially when so much police technology is known to be racially biased, invasive, or faulty. Voters should think about what San Francisco actually needs and how Proposion E is more likely to exacerbate the problems of police violence than it is to magically erase crime in the city. This is why we are urging a NO vote on Proposition E on the March 5 ballot.

A new report reveals that in just three months, from July 1 to September 30, 2023,  the San Francisco Police Department (SFPD) racked up 193 hours and 19 minutes of live access to non-city surveillance cameras. That means for the equivalent of 8 days, police sat behind a desk and tapped into hundreds of cameras, ostensibly including San Francisco’s extensive semi-private security camera networks, to watch city residents, workers, and visitors live. An article by the San Francisco Chronicle analyzing the report also uncovered that the SFPD tapped into these cameras to watch 42 hours of live footage during the Outside Lands music festival.

The city’s Board of Supervisors granted police permission to get live access to these cameras in September 2022 as part of a 15-month pilot program to see if allowing police to conduct widespread, live surveillance would create more safety for all people. However, even before this legislation’s passage, the SFPD covertly used non-city security cameras to monitor protests and other public events. In fact, police and the rich man who funded large networks of semi-private surveillance cameras both claimed publicly that the police department could easily access historic footage of incidents after the fact to help build cases, but could not peer through the cameras live. This claim was debunked by EFF and other investigators who revealed that police requested live access to semi-private cameras to monitor protests, parades, and public events—despite being the type of activity protected by the First Amendment.

When the Board of Supervisors passed this ordinance, which allowed police live access to non-city cameras for criminal investigations (for up to 24 hours after an incident) and for large-scale events, we warned that police would use this newfound power to put huge swaths of the city under surveillance—and we were unfortunately correct.

The most egregious example from the report is the 42 hours of live surveillance conducted during the Outside Lands music festival, which yielded five arrests for theft, pickpocketing, and resisting arrest—and only one of which resulted in the District Attorney’s office filing charges. Despite proponents’ arguments that live surveillance would promote efficiency in policing, in this case, it resulted in a massive use of police resources with little to show for it.

There still remain many unanswered questions about how the police are using these cameras. As the Chronicle article recognized:

…nearly a year into the experiment, it remains unclear just how effective the strategy of using private cameras is in fighting crime in San Francisco, in part because the Police Department’s disclosures don’t provide information on how live footage was used, how it led to arrests and whether police could have used other methods to make those arrests.

The need for greater transparency—and at minimum, for the police to follow all reporting requirements mandated by the non-city surveillance camera ordinance—is crucial to truly evaluate the impact that access to live surveillance has had on policing. In particular, the SFPD’s data fails to make clear how live surveillance helps police prevent or solve crimes in a way that footage after the fact does not. 

Nonetheless, surveillance proponents tout this report as showing that real-time access to non-city surveillance cameras is effective in fighting crime. Many are using this to push for a measure on the March 5, 2024 ballot, Proposition E, which would roll back police accountability measures and grant even more surveillance powers to the SFPD. In particular, Prop E would allow the SFPD a one-year pilot period to test out any new surveillance technology, without any use policy or oversight by the Board of Supervisors. As we’ve stated before, this initiative is bad all around—for policing, for civil liberties, and for all San Franciscans.

Police in San Francisco still don’t get it. They can continue to heap more time, money, and resources into fighting oversight and amassing all sorts of surveillance technology—but at the end of the day, this still won’t help combat the societal issues the city faces. Technologies touted as being useful in extreme cases will just end up as an oversized tool for policing misdemeanors and petty infractions, and will undoubtedly put already-marginalized communities further under the microscope. Just as it’s time to continue asking questions about what live surveillance helps the SFPD accomplish, it’s also time to oppose the erosion of existing oversight by voting NO on Proposition E on March 5. 

The Protect Reporters from Exploitive State Spying (PRESS) Act is a long overdue federal shield law that provides protections to journalists against government surveillance and forced disclosure of confidential sources.

Journalists shouldn’t be forced to choose between protecting their confidential sources or going to prison. But the reality is that both Democratic and Republican administrations have secretly subpoenaed reporters’ emails and phone records to hunt down their sources. That chills essential newsgathering and whistleblowing, and it needs to stop now.