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OP-ED: Reining in and Raining on the Surveillance State

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By JP Massar

 

Groundbreaking legislation that will put limits upon the local surveillance state is up for consideration in the Bay Area these next few months. With a new administration being handed the vast resource of existing Federal surveillance capabilities, it is more crucial than ever that localities understand what their police are doing in this regard and take measures to protect the civil liberties of the people.

 

On January 24th, the Oakland City Council Public Safety Committee had before it a ‘use and privacy policy’ (tinyurl.com/hw2t7ez) for Cell Site Simulators (aka Stingrays) – devices which can track your cellphone and, if configured to do so, snoop on your communications.

 

The Public Safety Committee voted unanimously to approve the policy, sending it on to the full Oakland City Council. This is an example of a policy that should be in place for all surveillance equipment, and civil liberties groups around the Bay are working towards that end. To wit:

 

The Bart Board of Directors is scheduling consideration of a Surveillance Equipment Regulation Ordinance (tinyurl.com/zgzh558). This ‘meta-ordinance’ mandates that all surveillance equipment – including Cell Site Simulators – be acquired through a public process. Use and privacy policies vetted in public must be in place before deployment for all such equipment, and a cost/benefit and civil liberties analysis done beforehand. The ordinance would also require yearly audits of equipment use, publicly available.

 

This would be similar to a proposed ordinance which the Oakland Privacy Advisory Commission passed several weeks ago (tinyurl.com/zfwc235) for consideration by the Oakland City Council next month.

 

Berkeley is also in the beginning stages of considering its own Surveillance Equipment Regulation Ordinance. Santa Clara County adopted the first such ordinance of its kind in the nation about a

year ago.

 

The Cell Site Simulator use and privacy policy Oakland’s Public Safety Committee considered was crafted by the Oakland Privacy Advisory Commission and is likely the strongest such policy in the nation. It’s significantly stronger than existing state laws such as one Illinois passed six months ago (tinyurl.com/hybkmzu), and it’s not clear if there are any other, local, publicly vetted policies in place putting real limitations on the use of these devices – devices which gained notoriety in the last couple of years for their indiscriminant deployment (tinyurl.com/mpu286h).

 

As proposed, the policy says a Cell Site Simulator:

  1. can never be used to intercept content, only to locate a cell phone;
  2. can only be used with a warrant, or in an emergency for 48 hours before obtaining a warrant;
  3. can only be used for certain, delineated purposes. The allowed purposes are to locate a missing person or at-risk individual, assist in investigations involving danger to the life or physical safety of an individual, or to apprehend known fugitives. They cannot be used in a “dragnet” operation; the cell phone to be located must be known in advance.

 

In addition a log of each use must be maintained, and an annual report detailing usage statistics, locations of deployment and costs must be compiled.

 

Would the world be better off without such powerful technologies? Would we be safer if the police could use surveillance without limits? Or is there a middle, accepting that surveillance technology will not just go away and will inevitably become more sophisticated?  Is there a middle, knowing that the power to watch, unchecked, inevitably corrupts the watcher and demeans those surveilled?

 

Oakland Privacy, which has worked hard since the defeat of the Domain Awareness Center in 2014 promoting privacy and surveillance restrictions, suggests that such a middle needs to exist, because the consequence otherwise is not no surveillance state, but rather unfettered government – and big business – access to everything we say and do.

 

Oakland, Berkeley and BART should pass these ordinances. By opening up the process of acquiring surveillance equipment to public scrutiny, we hope that tradeoffs will be analyzed and consequences of surveillance discussed, so that the people – not the NSA, not Donald Trump, and not your local police – can draw the lines.

 

JP Massar is a member of the Oakland Privacy Working Group.

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Oakland Post: Week of March 28 – April 1, 2025

The printed Weekly Edition of the Oakland Post: Week of March 28 – April 1, 2025

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Five Years After COVID-19 Began, a Struggling Child Care Workforce Faces New Threats

Five years ago, as COVID-19 lockdowns and school closures began, most early educators continued to work in person, risking their own health and that of their families. “Early educators were called essential, but they weren’t provided with the personal protective equipment they needed to stay safe,” said CSCCE Executive Director Lea Austin. “There were no special shopping hours or ways for them to access safety materials in those early and scary months of the pandemic, leaving them to compete with other shoppers. One state even advised them to wear trash bags if they couldn’t find PPE.”

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UC Berkeley photo.
UC Berkeley photo.

UC Berkeley News

In the first eight months of the COVID-19 pandemic alone, 166,000 childcare jobs were lost across the nation. Significant recovery didn’t begin until the advent of American Rescue Plan Act (ARPA) Child Care Stabilization funds in April 2021.

Today, child care employment is back to slightly above pre-pandemic levels, but job growth has remained sluggish at 1.4% since ARPA funding allocations ended in October 2023, according to analysis by the Center for the Study of Child Care Employment (CSCCE) at UC Berkeley. In the last six months, childcare employment has hovered around 1.1 million.

Yet more than two million American parents report job changes due to problems accessing child care. Why does the childcare sector continue to face a workforce crisis that has predated the pandemic? Inadequate compensation drives high turnover rates and workforce shortages that predate the pandemic. Early childhood educators are skilled professionals; many have more than 15 years of experience and a college degree, but their compensation does not reflect their expertise. The national median hourly wage is $13.07, and only a small proportion of early educators receive benefits.

And now a new round of challenges is about to hit childcare. The low wages paid in early care and education result in 43% of early educator families depending on at least one public support program, such as Medicaid or food stamps, both of which are threatened by potential federal funding cuts. Job numbers will likely fall as many early childhood educators need to find jobs with healthcare benefits or better pay.

In addition, one in five child care workers are immigrants, and executive orders driving deportation and ICE raids will further devastate the entire early care and education system. These stresses are part of the historical lack of respect the workforce faces, despite all they contribute to children, families, and the economy.

Five years ago, as COVID-19 lockdowns and school closures began, most early educators continued to work in person, risking their own health and that of their families. “Early educators were called essential, but they weren’t provided with the personal protective equipment they needed to stay safe,” said CSCCE Executive Director Lea Austin. “There were no special shopping hours or ways for them to access safety materials in those early and scary months of the pandemic, leaving them to compete with other shoppers. One state even advised them to wear trash bags if they couldn’t find PPE.”

The economic impact was equally dire. Even as many providers tried to remain open to ensure their financial security, the combination of higher costs to meet safety protocols and lower revenue from fewer children enrolled led to job losses, increased debt, and program closures.

Eventually, the federal government responded with historic short-term investments through ARPA, which stabilized childcare programs. These funds provided money to increase pay or provide financial relief to early educators to improve their income and well-being. The childcare sector began to slowly recover. Larger job gains were made in 2022 and 2023, and as of November 2023, national job numbers had slightly surpassed pre-pandemic levels, though state and metro areas continued to fluctuate.

Many states have continued to support the workforce after ARPA funding expired in late 2024. In Maine, a salary supplement initiative has provided monthly stipends of $240-$540 to educators working in licensed home- or center-based care, based on education and experience, making it one of the nation’s leaders in its support of early educators. Early educators say the program has enabled them to raise wages, which has improved staff retention. Yet now, Governor Janet Mills is considering cutting the stipend program in half.

“History shows that once an emergency is perceived to have passed, public funding that supports the early care and education workforce is pulled,” says Austin. “You can’t build a stable childcare workforce and system without consistent public investment and respect for all that early educators contribute.”

The Center for the Study of Childcare Employment is the source of this story.

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We Fought on Opposite Sides of the Sheng Thao Recall. Here’s Why We’re Uniting Behind Barbara Lee for Oakland Mayor

Today, we are coming together to do all we can to make sure Barbara Lee is elected Mayor in the April 15 Oakland special election. Here’s why. Now more than ever, Oakland needs a respected, hands-on leader who will unite residents behind a clear vision for change. The next mayor will have to hit the ground running with leaders and stakeholders across our political divide to get to work solving the problems standing in the way of Oakland’s progress. Job No. 1: improving public safety. Everyone agrees that all Oaklanders deserve to feel safe in their neighborhoods. But sadly, too many of us do not. 

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Robert Harris (left) is a retired attorney at PG&E and former legal counsel for NAACP. Richard Fuentes is co-owner of FLUID510 and chair of the Political Action Committee, American Federation of State, County, and Municipal Employees (AFSCME) Council 57. Courtesy photos.
Robert Harris (left) is a retired attorney at PG&E and former legal counsel for NAACP. Richard Fuentes is co-owner of FLUID510 and chair of the Political Action Committee, American Federation of State, County, and Municipal Employees (AFSCME) Council 57. Courtesy photos.

By Robert Harris and Richard Fuentes
Special to The Post

The City of Oakland is facing a number of urgent challenges, from housing and public safety to a pressing need for jobs and economic development. One of us, Robert Harris, supported the November recall vote that removed Mayor Sheng Thao from office. Meanwhile, Richard Fuentes believed the recall was the wrong strategy to tackle Oakland’s challenges. 

Today, we are coming together to do all we can to make sure Barbara Lee is elected Mayor in the April 15 Oakland special election. Here’s why.  

Now more than ever, Oakland needs a respected, hands-on leader who will unite residents behind a clear vision for change.

The next mayor will have to hit the ground running with leaders and stakeholders across our political divide to get to work solving the problems standing in the way of Oakland’s progress. 

Job No. 1: improving public safety. Everyone agrees that all Oaklanders deserve to feel safe in their neighborhoods. But sadly, too many of us do not. 

During her three decades in the state Legislature and Congress, Lee made public safety a priority, securing funding for police and firefighters in Oakland, delivering $15.8 million in community safety funding, and more. Today, she has a plan for making Oakland safer. It starts with making sure police are resourced, ready, and on patrol to stop the most dangerous criminals on our streets. 

Oakland residents and business owners are feeling the impact of too many assaults, smash/grabs, retail thefts, and home robberies. Lee will increase the number of police on the streets, make sure they are focused on the biggest threats, and invest in violence prevention and proven alternatives that prevent crime and violence in the first place.

In addition, on day one, Barbara Lee will focus on Oakland’s business community, creating an advisory cabinet of business owners and pushing to ensure Oakland can attract and keep businesses of all sizes.

The other top issue facing Oakland is housing and homelessness. As of May 2024, over 5,500 people were unhoused in the city. Oaklanders are just 25% of the population of Alameda County, but the city has 57% of the unhoused population.

Unhoused people include seniors, veterans, single women, women with children, people who suffer physical and mental illness, unemployed and undereducated people, and individuals addicted to drugs. Some are students under 18 living on the streets without their parents or a guardian. Research shows that 53% of Oakland’s homeless population is Black. 

Starting on her first day in office, Lee will use her national profile and experience to bring new resources to the city to reduce homelessness and expand affordable housing. And she will forge new public/private partnerships and collaboration between the City, Alameda County, other public agencies, and local nonprofits to ensure that Oakland gets its fair share of resources for everything from supportive services to affordable housing.

Besides a public safety and housing crisis, Oakland has a reputational crisis at hand. Too many people locally and nationally believe Oakland does not have the ability to tackle its problems.

Lee has the national reputation and the relationships she can use to assert a new narrative about our beloved Oakland – a vibrant, diverse, and culturally rich city with a deep history of activism and innovation.

Everyone remembers how Lee stood up for Oakland values as the only member of Congress not to authorize the disastrous Iraq War in 2001.  She has led the fight in Congress for ethics reform and changes to the nation’s pay-to-play campaign finance laws.

Lee stands alone among the candidates for mayor as a longtime champion of honest, transparent, and accountable government—and she has the reputation and the skills to lead an Oakland transformation that puts people first.

The past few years have been a trying period for our hometown.

Robert Harris supported the recall because of Thao’s decision to fire LeRonne Armstrong; her refusal to meet with certain organizations, such as the Oakland Branch of the NAACP; and the city missing the deadline for filing for a state grant to deal with serious retail thefts in Oakland. 

Richard Fuentes opposed the recall, believing that Oakland was making progress in reducing crime. The voters have had their say; now, it is time for us to move forward together and turn the page to a new era.

The two of us don’t agree on everything, but we agree on this: the next few years will be safer, stronger, and more prosperous if Oaklanders elect Barbara Lee as our next mayor on April 15.  

Robert Harris is a retired attorney at PG&E and former legal counsel for NAACP.

Richard Fuentes is co-owner of FLUID510 and chair of the Political Action Committee, American Federation of State, County, and Municipal Employees (AFSCME) Council 57.

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