Morning Crank: Incongruous With Their Fundamental Mission

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1. For years, environmental advocates who support urban density as a tool against sprawl have grumbled about the fact that the anti-sprawl nonprofit Futurewise has two men on its board who make a living fighting against the foundational principles of the organization—attorneys Jeff Eustis and David Bricklin. Both men were ousted from the Futurewise board last month after the board voted to impose term limits on board members, who will be limited to no more than three successive terms from now on.

Both Eustis and Bricklin are crossways with Futurewise on a number of high-profile local issues, including the question of whether Seattle should allow more people to live in single-family areas, which occupy 75 percent of the city’s residential land but house a shrinking fraction of Seattle’s residents. Eustis is currently representing the Queen Anne Community Council, headed by longtime anti-density activist Marty Kaplan, in its efforts to stop new rules that would make it easier to build backyard cottages and basement apartments in single-family areas. Bricklin represents homeowner activists working to stop the city’s Mandatory Housing Affordability plan, which would allow townhouses and small apartment buildings in  7 percent of the city’s single-family areas.

To get a sense of how incongruous this work is with Futurewise’s primary mission, consider this: Futurewise is one of the lead organizations behind Seattle For Everyone, the pro-density, pro-MHA, pro-housing group. Bricklin co-wrote an op/ed in the Seattle Times denouncing MHA and calling it a “random” upzone that fails to take the concerns of single-family neighborhoods into account.

Bricklin’s firm also represents the Shorewood Neighborhood Preservation Coalition, a group of homeowners who have protested a plan by Mary’s Place to build housing for homeless families on Ambaum Blvd. in Burien on the grounds that dense housing (as opposed to the existing office buildings) is incompatible with their single-family neighborhood. The Burien City Council approved the upzone, 4-3, after a heated debate this past Monday night at which one council member, Nancy Tosta, suggested that instead of allowing homeless families to live on the site, the city should preserve it as office space, since “part of the way of dealing with homelessness is to have people make more money.”

Bricklin is still on the boards of Climate Solutions, the Washington Environmental Council, and Washington Conservation Voters.

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2. Seattle City Council members reached no resolution this week on a proposal from the mayor’s office to approve the city’s purchase of GrayKey, a technology that enables police to easily (and cheaply) unlock any cell phone and review its contents, including location data, without putting the technology through a privacy assessment under the city’s stringent surveillance ordinance. If the city determines that a technology is a form of surveillance, the city has to prepare a surveillance impact report that “include[s]  an in-depth review of privacy implications, especially relating to equity and community impact,” according to the ordinance. The process includes public meetings, review by a special advisory group, and approval by the council at a meeting open to the public. In contrast, technologies that intrude on privacy but aren’t considered surveillance only require a “privacy impact analysis” that is not subject to formal public process or council approval. Previous examples of technologies the city has deemed to be surveillance include license-plate readers (used to issue traffic tickets) and cameras at emergency scenes.

The city’s IT department, which answers to the mayor, determined that GrayKey is not a “surveillance technology” after the company submitted answers to a list of questions from the city suggesting that the technology would only be used if the Seattle Police Department obtained a warrant to search a person’s phone. In an email appended to that report, Seattle’s chief privacy officer, Ginger Armbruster, wrote, “If phones are acquired either under warrant or with suspect[‘]s knowledge then this is not surveillance by ordinance definition.” In other words, Armbruster is saying that as soon as SPD gets a warrant to break into someone’s phone and scrape their data, the surveillance rules, by definition, no longer apply.

ACLU Technology and Liberty Project Director Shankar Narayan disagrees with this interpretation, noting that the surveillance law doesn’t include any exemption for warrants. “The ordinance is about the entire question of whether it’s an appropriate technology for an agency to have, and encompasses a much broader set of concerns. If the warrant serves the same function as a surveillance ordinance”—that is, if anything the police do after they get a warrant is de facto not surveillance—”then why do we need a surveillance ordinance? The intent of the council was to put scrutiny on technologies that are invasive—as, clearly, a technology that allows police to open your cell phone and download data about the intimate details of your life is.” It’s the technology, in other words—not how the city claims it will be used—that matters.

The city’s initial privacy assessment is brief and unilluminating. GrayKey skipped many of the city’s questions, answered others with perfunctory, one-word answers, and followed up on many of the skipped questions with the same all-purpose sentence: “this solution is used for Police case forensic purposes only. ”

Proponents of GrayKey’s technology (and GrayKey itself) say that the police will limit its use to child sexual abuse cases—the kind of crimes that tend to silence concerns about privacy because of their sheer awfulness. Who could possibly object to breaking into the phones of child molesters? Or terrorists? Or murderers? As council member Bruce Harrell, who said he does not consider GrayKey a surveillance technology, put it Tuesday, “No one has a right to privacy when they are visiting child pornography sites.”

The problem is that in the absence of review under the surveillance ordinance, even if police claim they will only use GrayKey to investigate the worst kinds of crimes, there will be no way of knowing how they are actually using it. (Narayan says police departments frequently claim that they will only use surveillance technology to hunt down child molesters, or terrorists, to create political pressure to approve the technology or risk looking soft on crime.) The council can state its preference that the technology be limited to certain types of especially heinous crimes, but if the phone-cracking technology isn’t subject to the ordinance which allows the city council to place legally binding limits on the use of surveillance tools, the decision facing the city is essentially binary: Approve (and purchase) the technology and hope for the best, or don’t.

This is why privacy advocates consider it so important to look at surveillance technology thoroughly, and to give the public real opportunities to weigh in on granting the city sweeping authority to review people’s movements and access their data.  Harrell said Tuesday that he didn’t want to “jump every time the ACLU says [a technology] raises issues,” and that he was confident that additional review by the executive would resolve any questions the council might have. But, as council member Lisa Herbold pointed out, there’s no requirement that the mayor’s office present the results of any future internal privacy assessment to the council—they can run it through a privacy impact assessment, reach the same conclusions they’ve already reached, and post it on the website with all the others without any additional input from the council or the public. The only way to ensure that concerns are daylighted before the city buys this, or any other, technology that could invade people’s privacy is to determine that GrayKey is surveillance, and put it through the process. At the end of Tuesday’s meeting, the council’s governance, equity, and technology committee had made no decision on whether to subject GrayKey to additional scrutiny or wait to see what the mayor’s office does next. The city currently plans to purchase the phone-cracking technology sometime in the third quarter of next year.

Morning Crank: Slipping and Sliding

1. With the loss of an estimated $47.5 million in annual revenues from the head tax, the city is in the unenviable position of not only figuring out how to pay for new housing and services that would have been funded by the tax, but funding ongoing commitments that would have been backfilled with head tax funding. In addition to about $15 million in programs that were funded during in the 201 8 budget using one-time funding sources (I’ve asked the city’s budget office for a complete list), there’s Mayor Jenny Durkan’s “bridge housing” program, which was originally supposed to have funded 500 new shelter and “tiny house” encampment slots this year. The bridge housing program, which the council’s finance committee approved on Wednesday, will be funded through 2018 by  about $5.5 million from the sale of a piece of city property in South Lake Union but will cost about $9.5 million a year starting in 2019, according to City Budget Office Director Ben Noble.

The latest version of the plan would pay for 475 shelter beds (down from 500), with 100 of those now officially “TBD,” with no provider or timeline identified.  The timeline for some of the new projects has slipped, too, from late July to November in the case of the controversial proposed “tiny house village” in South Lake Union, and from July to “TBD” in the case of the 100 shelter beds for which no provider is identified. (See below for a comparison between the mayor’s original proposal, announced May 30, and the plan as it stands this week.)

Mary’s Place, which the mayor’s office originally said would contribute 100 new beds by building out an upper floor of its North Seattle shelter, “had a change of situation because they bought a large facility in Burien that put them in a more difficult financial situation,” deputy mayor David Moseley told council members Wednesday, and has “offered us a different proposal that’s more of a diversion proposal,” one that would focus on prevention rather than shelter. “We’re working with them on that proposal,” Moseley continued. “At the same time, we’re working on backfilling those 100 shelter beds.”

HSD had previously denied that Mary’s Place was planning to substitute diversion for its 100 bed commitment. One day before Moseley told the council that Mary’s Place would no longer be able to contribute 100 of the new 500 shelter beds, I asked an HSD spokeswoman if Mary’s Place had proposed fulfilling its commitment through diversion rather than actual shelter beds, as I had heard. The spokeswoman told me that I was incorrect and that there had been no such proposal. Moseley’s comments Wednesday confirmed the existence of the proposal I had asked HSD about (and whose existence their spokeswoman denied) the previous day.

On Wednesday, I asked the spokeswoman for more details about the Mary’s Place beds and what will replace them. In response, she cut and pasted a section of Durkan’s Wednesday press release about the plan that did not include this information. I have followed up and will update this post if I get any more detailed information about how the city plans to replace those 100 beds.

Durkan has asked all city departments to come up with budget cuts of 2 to 5 percent for the 2019 budget cycle that begins this fall. Noble, the city’s budget director, told council members Wednesday that if the city wants to continue funding the new shelter beds after this year, “it will be because they are prioritized above other things, and at the moment, above existing city services. … This will be  a difficult fall with difficult decisions ahead.”

Bridge Housing plan, May 30, 2018

Bridge Housing Plan, June 13, 2018

2. A poll that apparently helped seal the fate of the head tax over the past weekend was reportedly conducted not by business interests, but by Bring Seattle Home, the SEIU-backed coalition that formed to oppose a potential referendum on the tax. The group’s latest expenditure report includes a $20,000 debt to EMC Research, a Seattle-based polling firm.

A spokesman for Bring Seattle Home didn’t return a call for comment. But the poll reportedly found that not only did voters oppose the head tax by wide margins (as previous polls had concluded), they had strong negative opinions of the city council, where the idea for the head tax originated. All seven of the council members who are elected by district are up for reelection next year, and although this poll didn’t ask respondents what they thought of their specific council representative, council members are well aware of this looming deadline. So far, none of the seven have filed their reelection paperwork with the city. Although Mayor Jenny Durkan supported and ultimately signed the “compromise” head tax bill that reduced the size of the head tax from $500 to $275 per employee for businesses with gross receipts above $20 million, poll respondents apparently blamed the council, not the mayor, for the tax, expressing much more favorable views of Durkan than council members.

3. On Thursday, with none of the angry public comments about “triplexes on every block” that often precede such decisions—even Marty Kaplan wasn’t there—the Seattle Planning Commission approved a letter endorsing key aspects of the city’s preferred plan to make it easier for single-family  homeowners to build backyard cottages and create living spaces in their basements. (This alternative is identified as option 2 in the environmental impact statement on the proposal, which the city was required to produce after Kaplan sued. The EIS confirms that backyard cottages promote equity and do not harm the environment.) The letter expresses the commission’s strong support for allowing both a basement apartment and a freestanding backyard unit (subject to the same lot coverage requirements that already exist); eliminating the requirement that homeowners add parking for their extra unit whether they will use it or not; and allowing up to 12 unrelated people to live on lots that have both a backyard cottage and a basement apartment.

The letter also urges the city not to force homeowners building a second additional unit to pay into the city’s mandatory housing affordability fund, a requirement supported by some opponents of backyard cottages, because the additional cost “could suppress production of these units and be counterproductive to the intent of the proposed legislation.” (The point of requiring developers to provide affordable housing is, in part, to offset the impacts of displacement and gentrification that can be side effects of large new developments in previously affordable neighborhoods; the planning commission’s point is that treating individual homeowners like massive developers discourages them from providing housing. It also implies that adding units for renters in single-family areas somehow contributes to gentrification and displacement, when it does the opposite.) The planning commission also recommended setting size limits for new houses to prevent the development of McMansions, and reducing development charges for accessory units, such as sewer hookup fees, and creating a sliding scale for some fees so that lower-income people could afford to build second units on their properties.

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