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.

Seattle Considers Free Wi-Fi Downtown, But at What Cost to Privacy?

Photo: Intersection

This story originally appeared at Seattle magazine

A Google-affiliated company called Intersection is in talks with the city of Seattle to provide free Wi-Fi service, phone charging ports, and real-time information about city services at bus stops throughout downtown Seattle — but there’s a catch.

According to New York-based Intersection, which has an office in Seattle, the kiosks provide steady revenue to cities through ad-sharing agreements while remaining “completely free for cities, taxpayers, and users.” The concept has its fans (New York and London have signed up), but also its critics, who have raised concerns about privacy, data sharing, and visual clutter on city streets.

The deal, proponents say, would provide the city with badly needed funding for transportation projects, promote digital equity for Seattle residents without access to the Internet at home or through their cell-phone provider, and enhance Seattle’s reputation as a “Smart City” that uses data to provide services more efficiently. But at a time when companies like Facebook are facing questions over their use of members’ private information, privacy advocates are cautioning cities to pump the brakes on partnerships with big-data companies that promise something for nothing.

Representatives for Intersection and LinkNYC, a division of New York City’s information technology department,  did not return multiple calls and emails for comment before press time.  According to the company’s website, the kiosks offer advertisers a “real-time, localized platform—fed by data-driven APIs—to connect with their audiences with more relevance, in the context of their journeys throughout the city.”

When reached after the initial publication of this story, Intersection spokesman Dan Levitan said the company does not collect browsing data or track users across the city. He did not deny that the technological capability for such data collection does exist, but stressed that the privacy policy for LinkNYC requires that this activity does not take place in any capacity. Intersection says that its privacy policy agreement in New York City protects users from data collection activity. Those agreements, however, are made on a city-to-city basis, and the issues now being raised by privacy advocates in Seattle draw comparisons to those raised by the New York Civil Liberties Union last year.

“Intersection takes user privacy seriously and works closely with our city partners to craft strong privacy policies for all our Link deployments. We do not track or record the browsing activity of our users,” Levitan said. “Advertising on Link displays is never targeted at any individual, and there is no advertising inserted on mobile devices that connect to Link Wi-Fi. Cameras are only used for monitoring and maintenance of the structures and cannot be used for advertising or any other purpose. Footage is only accessible by law enforcement with a court order or lawful request. We are proud of the LinkNYC program, our partnership with the City of New York, and the of the service we provide to over 3.7 million users.”

City council member Mike O’Brien says that when former mayor Ed Murray broached the kiosk proposal last year, the pitch was that the ad revenues could help pay for the downtown streetcar. Although the streetcar project has been put on hold because of cost overruns, the city is facing another imminent transportation funding challenge: Federal funding for the 2015 Move Seattle levy, which funds transportation projects across the city is falling short of expectations, which could lead the city to look for new revenues to offset some of the shortfall.

Mayor Jenny Durkan’s office declined to comment on the record about the Link Seattle plan, but is reportedly reviewing the latest version of Intersection’s privacy policy and could announce something publicly in the next few months. Mafara Hobson, communications director for the Seattle Department of Transportation, says SDOT “is conducting an initial research and feasibility study” on the plan, but adds that “the work remains a preliminary concept that would require executive approval and significant legislative review and requirements.” (SDOT is the lead agency on the proposal because the kiosks would be located in city rights-of-

O’Brien says he’s “skeptical” of Intersection’s proposal, both because it would require changing the city’s sign code to allows ads on city sidewalks—itself a major political lift—and because of a “growing concern about how companies are capturing our data and using it” without our knowledge. “When you’re realizing the stupid test you took on Facebook now is in the hands of some international conglomerate that’s trying to influence elections,” O’Brien says, it makes sense for cities to “be very careful” about authorizing companies to collect their residents’ private information.

Specifically, privacy advocates in other cities have raised alarms about how Intersection uses the data it collects. Although Intersection has said that it collects only “anonymous, aggregated” information about its users, digital privacy advocates say that “anonymous” information can be analyzed not only to extrapolate what type of ads a kiosk should display based on a user’s search history, but to identify and track specific people based on their “digital fingerprints”—a troubling capability in the hands of overzealous law enforcement, or immigration officials seeking to track down undocumented immigrants, or an employer who wants to know how many hours a perspective hire puts in at her current job.

“We hold government to a higher standard than businesses—they’re not supposed to be profiting at the expense of the people,” says David Robinson, a member of the Seattle Privacy Coalition who is skeptical of Intersection’s privacy claims. “If the data is being stored somewhere, then eventually someone will abuse it, no matter what the policy is. If you really don’t want people’s data to be misused, then you shouldn’t be be collecting it.”

Shankar Narayan, policy director for the ACLU of Washington, says “it sounds very much as though the price of free Wi-Fi is going to be Seattleites becoming the product—their movements, possibly the information on their cell phones, being downloaded and monetized by a company.”

Although proponents at the city argue that free Wi-Fi levels the playing field between people who have smartphones with unlimited data plans and those who don’t, Narayan says that’s a Faustian bargain. “Basically, we’re saying people who have the means to have an unlimited mobile plan don’t have to sacrifice their privacy to get Wi-Fi.”

Additionally, data collection opens up the possibility of data breaches, like the one at Facebook that allowed Cambridge Analytica to gather personal information on tens of millions of Facebook users.

Devin Glaser, the policy and political director of Upgrade Seattle, a group that advocates for municipally funded broadband service, says free Wi-Fi at bus stops does almost nothing to address the lack of digital equity in Seattle. “If you picture a 12-year-old child needing an internet connection to finish their homework, the fact that they can have access while at the bus stop doesn’t really cut it,” Glaser says. “We need to ensure that all of Seattle’s residents have a robust home connection, not an ad-driven boost to our Words with Friends games while we’re waiting for the 7.”

In New York City, where a consortium of companies, including Intersection, signed a 12-year contract with the city to install more than 1,000 kiosks under the brand name LinkNYC in 2016, the program has been a source of controversy. Touch-screen tablets had to be removed from the kiosks because passersby were using them to watch pornography, and privacy advocates raised questions about the company’s retention of personal data, including browser history. A spokeswoman for LinkNYC says that the city’s privacy policy prohibits Intersection from tracking user data or search history or targeting advertising based on personal information in New York City, although they have the technological ability to do so.

Although citizen activists convinced the city to revise Intersection’s privacy policy, which now says the company will not collect people’s private information, there are still cameras in every kiosk, which have raised concerns about how the video might be used. Intersection says it deletes that video every seven days unless it’s needed “to investigate an incident,” and a spokeswoman for LinkNYC, which operates out of the New York City Department of Information Technology and Telecommunications, says the city’s revised privacy agreement with Intersection does not allow the company to use its cameras to target individuals for advertising based on characteristics like gender or race. The spokeswoman, Kate Blumm, says only 37 of the cameras are currently operating, although she said the others could be turned on in the future.

Privacy advocates say Seattle has done a better job than most major cities, including New York, of protecting its residents from public and private surveillance. Last year, the city council passed an ordinance that gives the council some oversight over city departments’ use of surveillance technologies—things like the controversial “wireless mesh” system that gave Seattle police the ability to track people using wireless devices throughout the city, or the Acyclica system, which tracks travelers’ progress through downtown using a series of devices that detect and identify people with Wi-Fi-enabled devices. (A full list of the 28 city-operated surveillance technologies identified last year is available on the city’s website.)

Seattle could consider beefing up its privacy ordinance to make it harder for companies to track and misuse user data. But that would require leaders to educate themselves on emerging privacy concerns proactively, the ACLU’s Narayan says. “Cities are not often sophisticated actors in this space—they don’t know when they’re getting a bad deal.” Narayan says that before cities sign deals with companies like Intersection, they should take the time to understand how the technology operates and put the appropriate safeguards in place.

“When automobiles first came in, there were no speed limits and no red lights, and people were getting run over and killed all the time,” Narayan says. “The automobile didn’t die because we invented red lights and air bags and better brakes and put bumpers on cars. The technology better and everyone got a better deal out of it.”