California Senators Narrowly Pass Surveillance Transparency Bill
A proposal to make California the first state with a surveillance transparency law cleared the Senate but divided senators Thursday. No member spoke against SB-1186 on the floor, and the vote was 21-15, getting the minimum number of supporters needed in the 40-member body to send the bill to the Assembly. Sheriffs continued to oppose the bill requiring local law enforcement to have public notice and comment before using new surveillance technologies (see 1804030043). Senate passage Wednesday of a net neutrality bill (see 1805300084) picked up more kudos, including from ex-FCC chairman Tom Wheeler and a New York state senator.
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SB-1186 “ensures state law keeps up with law enforcement's rapid adoption of surveillance technologies,” and public knowledge doesn’t render the tools useless, state Sen. Jerry Hill (D) said on the floor. “I support using technology to increase public safety, but we need to safeguard basic civil liberties.”
The California State Sheriffs' Association is “still very much opposed” to the surveillance transparency bill even though it was amended Friday to no longer require law enforcement agencies to make regular public reports on usage of surveillance technology, said CSSA Legislative Director Cory Salzillo in an interview. It still contains the “most objectionable provisions,” including requiring law enforcement to get approval from the Board of Supervisors, Salzillo said. Sheriffs always welcome negotiation, Salzillo said, but he also doesn’t see how lawmakers could amend the bill to win police backing.
The American Civil Liberties Union supported the legislation. "The bill makes sure that all Californians have a seat at the table when it comes to surveillance technology used by local law enforcement including drones, license plate readers and social media surveillance," said ACLU Northern California Technology and Civil Liberties Attorney Matt Cagle. "These technologies are frequently deployed in secret without public oversight and used disproportionately to target people of color and other vulnerable communities."
The Senate last year passed a different version of Hill’s bill, but it died in the Assembly Appropriations Committee. Law enforcement never budged in opposition, even after amendments for exemptions. Several cities passed local surveillance transparency laws that privacy advocates say have more teeth than the state proposal (see 1804020026).
Net Neutrality
“Happy to see the California Senate 2 to 1 affirmation,” emailed ex-FCC Chairman Tom Wheeler on Wednesday’s 23-12 vote for SB-822 net neutrality legislation by Sen. Scott Wiener (D).
The New York Senate should pass a measure like SB-822, the “gold standard” of net neutrality bills, New York State Sen. Brad Hoylman (D) tweeted Thursday. Hoylman’s S-8321 is modeled after the California bill (see 1805010034). Wiener replied, “Teaming up together, California and New York are moving toward real change in protecting an open internet.”
Passing a New York bill this session may be tough, Hoylman conceded in an interview. The Senate is deadlocked with 31 Democrats and 31 Republicans, so major bills aren’t moving, he said. There’s an outside chance Democrats could regain control before the Senate wraps work June 20, but it’s more likely the bill will be taken up next session, he said. When political prospects are clearer, Hoylman hopes to coordinate with Assemblymember Patricia Fahy (D), sponsor of that chamber’s bill (A-8882).
Other supporters of the FCC’s 2015 rules also applauded. “The carriers continue to make the same mistake with Net Neutrality -- every time they try to kill it, it comes back stronger -- because, come to think of it, public opinion probably favors full on rate regulation,” tweeted Columbia law professor Tim Wu, an early neutrality advocate who may run for New York attorney general (see 1805180039). New America Open Technology Institute Policy Counsel Eric Null said that “California should be an inspiration for other states as they attempt to fill the void left by the [FCC] repeal of net neutrality.”
Opponents balked. “I remain confident that the California law would be preempted by the FCC and that the preemption, ultimately, would be upheld by the Supreme Court,” emailed Free State Foundation President Randolph May. “It’s a shame that various states are spending so much time and energy to restore a strict public utility-like version of net neutrality that had never been shown to be necessary and which subsequently was shown to depress investment in broadband. It would be better for consumers if the states would work with the FCC to reduce barriers to broadband deployment.”
In other California votes before a Friday deadline to pass bills from their originating chamber, senators Wednesday voted 26-10 to pass SB-1001, a bill that would make it unlawful to use bots that mislead Californians into believing they are speaking with a real person. Assembly members voted 50-24 Wednesday to pass AB-2448, which would require that minors in juvenile detention get computer and internet access for education and communication with family. All the bills passed this week need approval by the other chamber.