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Oakland Council Votes for Port-Only DAC, March 5, 2014: Full Video & City Resolution
by Dave Id
Sunday Mar 9th, 2014 7:29 PM
For the history books, here's the full 5-hour video of the Oakland City Council discussion on Phase II development of the Domain Awareness Center from March 4, 2014. One hundred and forty-nine public speaker's cards were turned in prior to the meeting. Public comment was unanimous against a city-wide DAC. Council members, after having revealed on February 18 an interest in reigning in the expansive surveillance system that city staffers have pushed, followed through by passing a resolution at about 1am on March 5 to proceed with a scaled-down Port-only version of the DAC. The final vote was 4 Ayes — Brooks, Kalb, Reid, Kernighan — and 4 Noes — Gallo, Gibson McElhaney, Kaplan, Schaaf. Mayor Quan's Aye vote broke the tie. (Text of the passed Port-only DAC resolution is below.)
(video 5:01:38)

Public comment was unanimous against a city-wide DAC, with the vast majority of speakers advocating for no DAC whatsoever, in any shape or form. Speakers included Linda Lye from the ACLU of Northern California, Nadia Kayyali from the EFF, Michael Thomas of the NLG, Mohamed Shehk from the Asian Law Caucus, representatives of the Oakland Privacy Working Group, Jack Heyman of the ILWU (retired, Local 10), current Mayoral candidate Dan Siegel, former Oakland councilmember Wilson Riles Jr., and dozens and dozens of other concerned citizens. A great number of speakers expressed concern for those who would likely suffer the most under an ever-present surveillance system: African Americans, considering the long histories of violence by Oakland police and oppressive and destructive government programs such as COINTELPRO; undocumented families and communities, who would face further marginalization and disruption under such a system; and Muslims, who have bore the brunt of post-9/11 surveillance abuses by federal and local law enforcement authorities, a large contingent of whom were present to speak against the DAC from the Lighthouse Mosque.

The Port-only resolution that passed was a 9-point amendment/rewrite to the original February 18 motion, crafted by Desley Brooks to constrict the Domain Awareness Center — removing city cameras already approved by the council for the DAC, limiting the system's coverage to the Port of Oakland (which includes the airport), requiring a completed and council-approved Privacy Policy prior to activation of the DAC, and mandating that those responsible for the DAC's implementation and use seek approval from the council before expanding any portion of the DAC. Two Resolved clauses were incorporated from councilmember Pat Kernighan's competing motion, and language was added regarding the specific news feeds allowed to be utilized by the system. A progress report from city staff is due within three months, which is to include cost estimates to be borne by the City and shared with the Port.

From the public galleries in council chambers, calls of "shame, shame, shame" rang out after the vote to proceed with Phase II development of the Domain Awareness Center, now officially called the Port Domain Awareness Center.


* Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council, 3/4/2014 5:30 PM

Item #14: Domain Awareness Center (DAC) Phase 2 Contract Award

The Council amended Staff recommendations as follows:

  1. The Domain Awareness Center will only be implemented in a Port-only approach and shall hereafter be referred to as the Port Domain Awareness Center (DAC). To that end the following items will be removed from Phase I Integrations:
    1. Shot Spotter in areas outside of the immediate Port Area;
    2. 40 City Traffic Cameras identified in the Supplemental Staff report on pages 9 and 10.
    In the Phase II Integrations the following item shall be omitted:
    1. Police and Fire Records Management Systems (RMS);
    2. Any news feed alerts other than the U.S. Coast Guard notifications, State Warning Center, Homeland Security Information Alerts, Cal Fire Alerts, FEMA news releases, and California Department of Fish and Game.
  2. Any DAC program beyond the Port area may only move forward upon explicit approval of the Council.
  3. City, as opposed to Port Area, Shot Spotter is specifically excluded from the Port-only Domain Awareness Center program and may only be included in the future upon approval of Council.
  4. There will be no data or information sharing with any local, state or federal agency/entity without a written Memorandum of Understanding that has been approved by the Council.
  5. No new systems or capabilities can be added without express City Council approval. This includes technological functionalities, such as facial recognition, other forms of analytics (like "gait analysis," in which someone can be identified based on the way they walk) or other capabilities that haven't yet been invented but are soon to come.
  6. A Data Retention as well as a Privacy Policy shall be developed by the Council Approved Advisory Body prior to the activation of the Port-only Domain Awareness Center. Members of the Advisory Body will be appointed by each member of the City Council.
  7. Work-flow plans and a budget for the same shall be developed prior to the activation of the Port-only Domain Awareness Center.
  8. The City Administrator is authorized to negotiate a contract with Schneider Electric for professional services for design/build/maintain services that incorporate items one (1) through seven (7) above.
  9. Staff will bring a status report to the full Council in three (3) months.

FURTHER RESOLVED: That approval of this contract is contingent on inclusion in the Phase 2 contract of a liquidated damages provision should the contract be unable to meet grant deadlines as well as an indemnification clause should the contractor be found in violation of Oakland’s Nuclear Free Zone Ordinance; and be it

FURTHER RESOLVED: This Resolution does not commit any operational funding for the DAC at this time, but to the extent that staff brings any requests for funding in the future such requests shall include an a fair-share contribution option from the Port of Oakland as well as an option with no additional City staffing.

Finally, staff will, prior to activation of the DAC, develop a clear definition of what is included in the CAD and a protocol for use of the information.