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6.1.D. - Page 21 <br /> they are deployed. Unanimously approved by the commission, the ordinance was pending before <br /> the Oakland City Council as of June 6, 2017.58 <br /> Santa Clara County's surveillance technology and communi . safety ordinance <br /> In September 2016, Santa Clara County passed an ordinance to protect residents' right to privacy <br /> from intrusive and invasive technologies.59 This ordinance also addresses emerging surveillance <br /> tools not yet created. According to the San Jose Mercury News: <br /> The ordinance is aimed at protecting the public's right to privacy from existing and <br /> emerging technologies, such as drones, license plate readers, cell phone trackers or things <br /> that haven't yet been realized outside of science fiction. <br /> The new rules require that agencies put in place public policies regarding the use of any <br /> surveillance technology before it is acquired or activated, and issue annual reports on <br /> how the technologies have been used and what they discovered.60 <br /> Santa Clara County Supervisor Joe Simitian began advocating for an ordinance in 2014, in <br /> response to local law enforcement purchasing surveillance technology without informing the <br /> public. He became more concerned about the lack of transparency when he learned that San Jose <br /> police had purchased a drone and of Oakland's plan to extend the powers of the DAC beyond the <br /> Port of Oakland.61 When the Santa Clara County Sheriff's Office received a grant to buy a <br /> $500,000"Stingray" cell-site simulator, Simitian, backed by many County residents, requested <br /> more information about this technology. A press release issued by Simitian's office stated: <br /> Under the new law, officials who want to purchase and use surveillance technology in <br /> Santa Clara County will have to: <br /> • Provide analysis of the privacy and due process implications of the technology they <br /> wish to acquire, <br /> • Submit, for approval, a set of"use policies"governing the use of the technology, <br /> before the technology is acquired or used; and, <br /> • Report back annually on the use of the technology, in order to provide some measure <br /> of accountability. <br /> Simitian noted, "for years and years we've made budget allocations without asking the <br /> most basic of questions: What information are we collecting?About whom? Why? How <br /> 58 Darwin BondGraham,"Oakland Privacy Commission Approves Surveillance Transparency Oversight Law,"East Bay <br /> Express, Jan 6,2017. <br /> http://www.eastbayexpress.com/SevenDays/archives/2017/01/06/oakland-privacy-commission-approves-surveillance- <br /> transparency-and-oversight-law. <br /> Link to proposed ordinance,accessed May 6,2017:https://www.documentcloud.org/documents/3253520-oakO6l975.htm1. <br /> https://occupyoakland.orglwp-content/uploads/2017/01/OPAC-Surveillance-Ordinance-Adopted.pdf. <br /> 59 Ordinance no.NS-300.897"An Ordinance of the Board of Supervisors of the County of Supervisors of the County of Santa <br /> Clara Adding Division A40 of the County of Santa Clara Ordinance code Relating to Surveillance-Technology and Community <br /> Safety,"accessed May 6,2017.https://assets.documentcloud.org/documents/2854213/Attachment-149330.pdf. <br /> 60 Eric Kurhi"Pioneering spy-tech law adopted by Santa Clara County,"The Mercury News,June 7,2016. <br /> http://www.mercurynews.com/2016/06/07/pioneering-spy-tech-law-adopted-by-santa-clara-county/. <br /> 61 Ibid. <br /> 2016-2017 San Mateo County Civil Grand Jury 14 <br />