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Vallejo, Calif., Approves Policies for Stingray Police Tech

The Vallejo City Council finalized the approval of the use and privacy guidelines surrounding the controversial "stingray" cell site simulator technology that the department purchased for $766,018.

(TNS) — The Vallejo, Calif., City Council finalized Tuesday the approval of the use and privacy guidelines surrounding the controversial "stingray" cell site simulator technology that the department purchased for $766,018. The device and is used to apprehend people by honing in on cellphone signals.

The simulators mimic cell phone towers and allow law enforcement to locate suspects, missing persons, or other people involved in exigent circumstances, they say.

The use of such surveillance raised some concerns for some in the community as well as privacy groups such as the ACLU and Oakland Privacy, which sued the city in order to ensure greater transparency around the practice.

Privacy hawks were concerned that the simulator could violate people's Fourth Amendment rights if the machines picked up information from people indiscriminately.

Vallejo Police Chief  Shawny Williams  has assured the council that the device is only used after getting a lawful warrant from a judge, and can only focus on one specific code on one specific phone — that of the suspect or missing person. The model that VPD uses cannot pick up conversations, he said.

Oakland Privacy filed the suit in May of this year asking the court to block the purchase and use of the equipment and demanded a longer time for public review. The council originally was set to discuss the subject twice in October and then, after outcry, moved the discussion to Tuesday night.

Several people have called into the public comment portions of council meetings to express their distrust in the device and especially their distrust in the police department's judicious use of it. Many people fear that it will be used as some sort of "Big Brother" spying device or by nefarious officers with vendettas.

As the approved policy stands, none of those things seem likely. According to the police department, the simulator doesn't even have the technical capability to be that intrusive.

Still, privacy advocates worked alongside the police and city to ensure that only lawful and ethical applications of the stingray will be used.

Assistant City Attorney  Katelyn Knight  worked with Oakland Privacy and the ACLU to update the language, guidelines, and protocols for the simulator and the police department.

Tracy Rosenberg  from Oakland Privacy said she is satisfied with the final draft of the "stingray" policy, but she is disappointed that it took a lawsuit for the city to get there. It will also require a lot of independent oversight, she says.

"A policy is only as strong as the department's adherence to it," she said during the public comment portion of the council meeting.

The updated policy outlines greater public transparency through quarterly log reports and, hopefully, review from the supposedly forthcoming citizens review board for the police department.

Rosenberg told the Times-Herald that the new policy is a big improvement but she still has some concerns.

First, she asked — will there indeed be a citizens oversight group created by the city? Second, are officers using the equipment that have themselves shot and killed people in the line of duty? So far Williams has not revealed which officers have access to the technology.

Finally, Rosenberg says she has some concerns about the frequency of the stingray's use. For example, she says, the city of Oakland shares its simulator with Fremont, and the stingray was used on eight occasions over three years. According to VPD, Vallejo's site simulator has been used at least 24 times in three months.

According to Neighborhood Scout, people in Oakland have a one in 16 chance of being the victim of a violent or property crime. People in Vallejo have a one in 22 chance of being a victim. Oakland homicides topped 100 this week, and Vallejo has experienced 26 homicides.

The first quarterly log is due out momentarily, police say, and the community will have the opportunity to see how the stingray has been used. The report will only show closed cases, Williams said.

Councilmembers all expressed their gratitude to the ACLU and Oakland Privacy and the new policy was adopted unanimously.

"Chief, this is technology that we need," said Mayor  Bob Sampayan . "It's just another way that makes (the police officer's) job easier. And more importantly, it gets the bad guy off the street, which is our ultimate goal."

(c)2020 Times-Herald (Vallejo, Calif.). Distributed by Tribune Content Agency, LLC.