Monthly Archives: September 2019

Electronic Frontier Foundation, Facing the Great Reckoning Head On, Tech's Great Reckoning

danah boyd At EFF Pioneer Awards: Facing the Great Reckoning Head-On

danah boyd was given an EFF Pioneer Award last week and she gave an important acceptance speech that we support whole-heartedly.

Please take a minute to read it. (It’s short!)

Or, at least read these excerpts below. :)

danah boyd (left) with Cindy Cohn, EFF’s Executive Director

Facing the Great Reckoning Head-On

by danah boyd.

Audio of danah’s speech here.

From danah’s speech:

And so, if my recognition means anything, I need it to be a call to arms. We need to all stand up together and challenge the status quo. The tech industry must start to face The Great Reckoning head-on. My experiences are all-too common for women and other marginalized peoples in tech. And it it also all too common for well-meaning guys to do shitty things that make it worse for those that they believe they’re trying to support…

The Great Reckoning is in front of us. How we respond to the calls for justice will shape the future of technology and society. We must hold accountable all who perpetuate, amplify, and enable hate, harm, and cruelty. But accountability without transformation is simply spectacle. We owe it to ourselves and to all of those who have been hurt to focus on the root of the problem. We also owe it to them to actively seek to not build certain technologies because the human cost is too great.

My ask of you is to honor me and my story by stepping back and reckoning with your own contributions to the current state of affairs. No one in tech — not you, not me — is an innocent bystander. We have all enabled this current state of affairs in one way or another. Thus, it is our responsibility to take action. How can you personally amplify underrepresented voices? How can you intentionally take time to listen to those who have been injured and understand their perspective? How can you personally stand up to injustice so that structural inequities aren’t further calcified? The goal shouldn’t be to avoid being evil; it should be to actively do good.

The above quotes with more context, from danah’s speech:

Joi Ito became a dear friend and mentor. He was that guy who made sure I got home OK. He was also that guy who took being called-in seriously, changing his behavior in profound ways when I challenged him to reflect on the cost of his actions. That made me deeply respect him.

I also met John Perry Barlow around the same time. We became good friends and spent lots of time together. Here was another tech luminary who had my back when I needed him to. A few years later, he asked me to forgive a friend of his, a friend whose sexual predation I had witnessed first hand. He told me it was in the past and he wanted everyone to get along. I refused, unable to convey to him just how much his ask hurt me. Our relationship frayed and we only talked a few times in the last few years of his life.

So here we are… I’m receiving this award, named after Barlow less than a week after Joi resigned from an institution that nearly destroyed me after he socialized with and took money from a known pedophile. Let me be clear — this is deeply destabilizing for me. I am here today in-no-small-part because I benefited from the generosity of men who tolerated and, in effect, enabled unethical, immoral, and criminal men. And because of that privilege, I managed to keep moving forward even as the collateral damage of patriarchy stifled the voices of so many others around me. I am angry and sad, horrified and disturbed because I know all too well that this world is not meritocratic. I am also complicit in helping uphold these systems…

I am grateful to EFF for this honor, but there are so many underrepresented and under-acknowledged voices out there trying to be heard who have been silenced. And they need to be here tonight and they need to be at tech’s tables. Around the world, they are asking for those in Silicon Valley to take their moral responsibilities seriously. They are asking everyone in the tech sector to take stock of their own complicity in what is unfolding and actively invite others in.

And so, if my recognition means anything, I need it to be a call to arms. We need to all stand up together and challenge the status quo. The tech industry must start to face The Great Reckoning head-on. My experiences are all-too common for women and other marginalized peoples in tech. And it it also all too common for well-meaning guys to do shitty things that make it worse for those that they believe they’re trying to support.

If change is going to happen, values and ethics need to have a seat in the boardroom. Corporate governance goes beyond protecting the interests of capitalism. Change also means that the ideas and concerns of all people need to be a part of the design phase and the auditing of systems, even if this slows down the process. We need to bring back and reinvigorate the profession of quality assurance so that products are not launched without systematic consideration of the harms that might occur. Call it security or call it safety, but it requires focusing on inclusion. After all, whether we like it or not, the tech industry is now in the business of global governance…

The Great Reckoning is in front of us. How we respond to the calls for justice will shape the future of technology and society. We must hold accountable all who perpetuate, amplify, and enable hate, harm, and cruelty. But accountability without transformation is simply spectacle. We owe it to ourselves and to all of those who have been hurt to focus on the root of the problem. We also owe it to them to actively seek to not build certain technologies because the human cost is too great.

My ask of you is to honor me and my story by stepping back and reckoning with your own contributions to the current state of affairs. No one in tech — not you, not me — is an innocent bystander. We have all enabled this current state of affairs in one way or another. Thus, it is our responsibility to take action. How can you personally amplify underrepresented voices? How can you intentionally take time to listen to those who have been injured and understand their perspective? How can you personally stand up to injustice so that structural inequities aren’t further calcified? The goal shouldn’t be to avoid being evil; it should be to actively do good. But it’s not enough to say that we’re going to do good; we need to collectively define — and hold each other to — shared values and standards.

People can change. Institutions can change. But doing so requires all who harmed — and all who benefited from harm — to come forward, admit their mistakes, and actively take steps to change the power dynamics. It requires everyone to hold each other accountable, but also to aim for reconciliation not simply retribution.

Electronic Frontier Foundation, Surveillance, Surveillance Reform

Help Ban Facial Recognition in Berkeley (Update: we won!)

UPDATE!     VICTORY!

October 15, 2019: Berkeley has voted to ban facial recognition

Original post: The EFF has this great page set up where you can write a letter to Berkeley’s City Council, telling them to ban facial recognition in the City of Berkeley.

You can also attend the Public Safety Committee Meeting tomorrow, Monday, September 16, at 10:00 am, and let your voice be heard. (Members of the Aaron Swartz Day Police Surveillance Project & Oakland Privacy will be there.)

What: PUBLIC SAFETY COMMITTEE SPECIAL MEETING

When: September 16th (Monday)

Time: 10:00 am

Where: 2180 Milvia, 6th floor, “Redwood Room”

Here is the AGENDA with the language of the proposed ordinance.

See you there!

Language of EFF Letter you can send:

To: council@cityofberkeley.info
Subject: I Support the ban on face surveillance in Berkeley.

Dear Members of the City Council,

I am writing to urge you to pass the proposed ordinance banning government use of face recognition technology in Berkeley.

Berkeley residents wouldn’t support a law requiring every resident to wear a visible identification badge. And, we definitely don’t support being covertly monitored as we move through the city to attend prayer, visit doctors, or spend time with loved ones.

I ask you to stand with your constituents and vote in support of the ordinance banning government use of face surveillance in Berkeley.

Sincerely,

 

Electronic Frontier Foundation, FOIA Requests, Surveillance, Surveillance Reform

Oakland Privacy’s Brian Hofer at the 2019 EFF Pioneer Awards

The EFF has made a full transcription of the entire 2019 Pioneer Awards available here.

Video of Brian Hofer’s speech on YouTube here.

See video/transcriptions for Tracy Rosenberg & Mike Katz-Lacabe.

oakland privacy

EFF’s nash Sheard presents a 2019 Barlow Award to members of Oakland Privacy (Left to right: Nathan “nash” Sheard, Tracy Rosenberg, Brian Hofer, Mike Katz-Lacabe)

Brian Hofer’s Speech:

So my name is Brian Hofer, I recently left Oakland Privacy. I founded Secure Justice with a handful of our coalition partners that are, some of who are in this room tonight. And we’re going to continue carrying on the fight against surveillance, just like Oakland Privacy. I also had the privilege of chairing the city of Oakland’s Commission, as you heard earlier, and it’s an honor and a privilege to be recognized by EFF for the same reasons that my former colleagues have been saying, because you’ve been standing next to us in the trenches. You’ve seen us at the meetings, lobbying, joined in the long hours waiting at city council meetings late at night just for that two minute opportunity that Nash is now an expert at. You know how much labor goes into these efforts, and so I really want to thank you for standing next to us.

This path has been pretty unexpected for me. I quit a litigation job, was unemployed, and I read this East Bay Express article by Darwin BondGraham and Ali Winston based on public record requests that Oakland Privacy members had founded. And there’s a little side bar in that journal that the very next day, just fate I guess, that this upstart group Oakland Privacy was meeting and that I could attend it. It’s even more strange to me that I stayed. It was a two hour discussion about papier-mache street puppets and the people asking me if I was a cop when I walked in. Nobody wanted to sit next to me.

So when I finally spoke up and asked how many city council members they spoke to, the room got quiet. And so that became my job, because I was the one guy in the suit. At the honorable Linda Lye’s going away party a couple months ago, I remarked that if we had lost the Domain Awareness Center vote, I would have never become an activist. I would have returned to my couch. I spent hundreds of hours on that project, and I would have been really disillusioned. But March 4th, 2014, which was the vote, is still the greatest day of my life. We generated international headlines by defeating the surveillance state in the true power to the people sense.

It was quite a contrast the following morning, on the Oakland Privacy list, when the naysayers thought the world had ended in calamity. Little did they know, that was the formation of the ad hoc privacy commission; we were about to change the conversation around surveillance and community control. EFF is directly responsible for helping us form that privacy commission in Oakland, and so it’s my turn to congratulate you. Matt Cagle of the ACLU, Dia Kayyali, and myself were sitting around trying to figure out how to make it a permanent thing, and we noticed that another piece of technology was on the agenda. We didn’t have any mandate or authority to write a privacy policy for it. But Dia signed a letter with me asking that we be given that task.

It worked, and that established the Privacy Commission as a policy writing instrument that remains today. As our colleagues were saying, that’s been the launching pad for a lot of this legislative success around the greater Bay Area. It’s the first of many dominoes to fall. I want to close with a challenge to EFF——and not your staff—like any non-profit, they’re overworked and underpaid, because I’m sending them work and I don’t pay for it. I was supposed to insert an Adam Schwartz joke there.

I believe that we’re in a fight for the very fabric of this nation. Trump, people think he’s a buffoon. He’s very effective at destroying our civic institutions. The silent majority is silent, secure in their privilege, or too afraid or unaware how to combat what’s going on. So I’m going to tell you a dirty secret about Oakland Privacy: we’re not smarter than anyone else. We have no independently wealthy people. We have no connections. We didn’t get a seat at the table via nepotism or big donations. We have no funding for the tens of thousands of volunteer hours spent advocating for human rights. And yet as you heard from the previous speakers, the formula of watching agendas, which anyone with an Internet connection can do in their pajamas, submitting public record requests, which anyone can do in their pajamas, and showing up relentlessly, which in Berkeley and Oakland, you can do in your pajamas—that led to a coalition legislative streak that will never be duplicated. That four year run will never happen again. So I ask that you challenge your membership to do the same, pajamas optional. We need numbers. We need people to get off their couch, like me, for the first time. The Domain Awareness Center was literally the first time I ever walked inside the open city hall, and I apologize for the police lingo, but your membership is the force multiplier and it’s critical that more folks get involved. If you don’t already know, somehow next week turned onto facial recognition ban week. Berkeley, Portland, Emeryville, we have our Georgetown national convening where I know EFF will be. It’s critical that new diverse faces start showing up instead of the same actors. As Tracy said, they can see us from a mile away. We need more people.

In October, we expect four more cities to jump on board. Only one is in California, demonstrating that this isn’t just a Bay Area bubble. It’s got legs. And like the Domain Awareness Center moment, we’ve got a chance to change the national conversation, and we better take advantage of it. Thank you for this honor and thank you for this award.

Electronic Frontier Foundation, FOIA Requests, Surveillance, Surveillance Reform

Oakland Privacy’s Tracy Rosenberg at the 2019 EFF Pioneer Awards

The EFF has made a full transcription of the entire 2019 Pioneer Awards available here.

Video of Tracy Rosenberg’s speech on YouTube here.

See video/transcriptions for Mike Katz-Lacabe and Brian Hofer.

oakland privacy

EFF’s nash Sheard presents a 2019 Barlow Award to members of Oakland Privacy (Left to right: Nathan “nash” Sheard, Tracy Rosenberg, Brian Hofer, Mike Katz-Lacabe)

Tracy Rosenberg’s speech:

Thank you, Mike, and hi, everyone, and thank you so much for this wonderful award. We are honored.

We’re splitting up the speaking here because Oakland Privacy is a coalition and is a collective, and that’s important to us. We have no hierarchy after all these years, and I’ve been doing this for five years. All that I get to call myself is a member. That’s all I am.

I want to highlight, there are people in the audience that are not coming up on stage. J.P. Massar, Don Fogg, Leah Young. There are people that are not here whose names I won’t mention since they’re not here, but it’s always a coalition effort.

And this week I’ve been jumping up and down because the broader coalition that includes EFF and Consumer Reports and ACLU and a bunch of other people, we just stood down the Chamber of Commerce, the tech industry, and pretty much every business in California in order to keep the Consumer Privacy Act intact.

There were six people on a whole bunch of conference calls, you don’t want to know how many, and somehow we actually did it. It’s official as of today. There is power in coalition work.

I’m incredibly grateful to Oakland Privacy because I was incredibly upset about the encroaching surveillance state, and I didn’t know what to do. And in the end, in 2013, Oakland Privacy showed me what I could do, and I will never be able to repay the group for that.

I was thinking back to our first surveillance transparency ordinance in Santa Clara. EFF actually came down, and they took a picture of me speaking at that meeting and put it on their blog, and I thought, I wish I could put into words what lay behind that picture, which was 11 stinking months of going down to Santa Clara and sitting in that room with the goddamn Finance and Governmental Operations Committee where they were trying to bury our ordinance because let’s face it, the powers that be don’t want transparency. And every month standing there and saying, “I’m not going to let you do that. I’m just not.”

We succeeded. It became law, I think it was June 7th, 2016, which doesn’t feel like that long ago. And now there are 12. Eight of them are here in the Bay Area, a couple in Massachusetts, Seattle, and somehow Nashville did it without us and more power to them.

So I think that’s pretty much what I kind of want to say here. I mean, what Oakland Privacy does fundamentally is we watch. The logo is the eye of Sauron, and well, I’m not a Tolkien geek, but I deal with what I am a part of. Hey look—I went to a basement, it was all guys. It is what it is. It’s a little more gender-balanced now, but not entirely. But the point is that eye kind of stands for something important because it’s the eye of “we are watching,” and in really mechanical terms, we try to track every single agenda of God knows how many city councils there are in the Bay Area. I think we’re watching about 25 now, and if a couple more of you would volunteer, we might make that 35.

But the point is, and every time there’s a little action going on locally that’s just making the surveillance state that much worse, we try to intervene. And we show up and the sad truth is that at this point, they can kind of see us coming from a mile away, and they’re like, “Oh, great. You guys came to see us.” But the point is, that’s our opportunity to start that conversation. Oakland is a laboratory, it’s a place where we can … And Oakland’s not perfect. All that you need to do is take a look at OPD and you know that Oakland’s not perfect. Right? But it’s a place where we’ve been able to ask the questions and we’re basically trying to export that as far as it possibly can, and we go there and we ask the questions.

And really, the most important part to me and the part that gives me hope is we get a lot of people that come to the basement to talk to us and basically share with us how dystopia is coming, which we know. It’s here. There’s no hope, right? But when those people find the way to lift up their voices and say no, that’s what gives me hope. So thank you. Thank you and Brian Hofer is also going to make a final set of comments. Thank you.

 

Electronic Frontier Foundation, FOIA Requests, Surveillance, Surveillance Reform

Oakland Privacy’s Mike Katz-Lacabe at the 2019 EFF Pioneer Awards

The EFF has made a full transcription of the entire 2019 Pioneer Awards available here.

Video of Mike Katz-Lacabe’s speech on YouTube here.

See video/transcriptions for Tracy Rosenberg and Brian Hofer.

oakland privacy

EFF’s nash Sheard presents a 2019 Barlow Award to members of Oakland Privacy (Left to right: Nathan “nash” Sheard, Tracy Rosenberg, Brian Hofer, Mike Katz-Lacabe)

Mike Katz-Lacabe’s speech:

So I first have to confess I’m not just a member of the EFF. I’m also a client. Thank you to Mitch Stoltz and your team for making sure that public records that I unearth remain available on the Internet for others to see.

So as Nash said, Oakland Privacy’s strength comes not just from the citizens that volunteer as part of its group, but also from the coalitions that we build. And certainly every victory that is credited to us is the result of many, many other coalition members, whether in some cases it’s the EFF or the ACLU or local neighborhood activists. It’s really a coalition of people that makes us stronger and helps us get the things done that sometimes we not always deservedly get as much credit for. So I want to make sure to call out those other groups and to recognize that their work is important as well and critical for us.

My work for Oakland Privacy comes from the belief that only from transparency can you have oversight, and from oversight derives accountability. So many examples of technology that have been acquired and used by law enforcement agencies in the Bay Area were never known about by the city councils that oversaw those police agencies.

In the city of Oakland, it was seven years after the city of Oakland acquired its stingray cell site simulator that the city of Oakland and the city council became aware of the use of that device by the police. In my city, I live in San Leandro, it was five years before the city council became aware of our city’s use of license plate readers and a very notorious photo of me getting out of my car that was taken by a passing license plate reader got published on the Internet.

We do our best work when working together. That’s been said. Let me give you … speaking of stories, I’ll take take off from Adam’s talk here. For example, recently journalist Caroline Haskins obtained a bunch of documents pertaining to Ring, you may know the Ring doorbell, and its relationship with police departments. A post about a party that Ring held at the International Association of Chiefs of Police meeting with basketball player Shaquille O’Neal, where each attendee got five free Ring doorbells. That was highlighted by EFF Senior Investigative Researcher Dave Maass.

I, or we as Oakland Privacy, we then found a social media post by the police chief of Dunwoody, Georgia saying, “Hey, look at this great party with Ring, and there’s Shaq.” Dave then went and took that information, went back and looked at Dunwoody and found that subsequently, a few months later, Dunwoody was proud to announce the first law enforcement partnership with Ring in the state of Georgia. What a coincidence.

Oftentimes it’s these coalitions working together that result in prying public records free and then establishing the context around them. The work we do involves very, very exciting things: Public records requests, lobbying of public officials and meeting with public officials, speaking at city council meetings and board of supervisors meetings. We’re talking, this is, primo excitement here.

So, as was mentioned, our work with Oakland Privacy was helpful in getting the first privacy advisory commission, an actual city of Oakland commission going, within the city of Oakland. It’s this organization, led by chair Brian Hofer, that passes policies regarding surveillance technologies, and not only passes policies but actually digs down and finds out what surveillance technologies the city of Oakland has. It has been a model for cities and counties, and we’re proud that our work will continue there in addition to working on many other issues surrounding surveillance.

In fact, I would be very happy to tell you that we’ve had … just recently the California assembly and the Senate passed a ban on the use of face surveillance on body-worn cameras. Again, our work with coalitions there makes the difference. And now, I would like to introduce another member of Oakland Privacy, Tracy Rosenberg.