SB1000 Update: Next hearing
August 11, 2022 at Upon adjournment of Session
Pending: Assembly Appropriations Committee
Location: 1021 O Street, Room 1100
_______________________________________________
State bill on police radio encryption dies in committee
Assembly Appropriations Committee moves to 'hold' SB 1000, denying its passage
Aug 11, 2022
A proposal to require California law enforcement agencies to find alternatives to full encryption of radio communications fizzled on Thursday morning when the state Assembly Appropriations Committee declined to advance the bill for a full Assembly vote.
By agreeing to "hold the bill," the powerful committee effectively killed SB 1000 for this year. The legislation from state Sen. Josh Becker had cleared the state Senate in May and was on its penultimate step in the state Assembly on Thursday when it became one of dozens of bills at the committee's "suspense file" that failed to advance.
The legislation was a response to a recent decision by more than 120 law enforcement agencies to fully encrypt radio communications, a move that blocked the ability of media organizations and the general public to track police activities using a scanner. SB 1000 gave agencies until January 2024 to find alternatives, whether by de-encrypting or by creating a way to stream communications online.
Police departments across the state made the switch to encryption after the state Department of Justice issued a directive in October 2020 requiring them to either fully encrypt or to adopt policies that would protect personally identifiable information and criminal records of individuals they encounter. Palo Alto, Mountain View and Santa Clara County Sheriff's Office were among the agencies that went with full encryption.
SB 1000 faced opposition from the California State Sheriffs' Association, which argued that switching to unencrypted communications would represent "a "significant burden to agencies that went to tremendous expense to obtain new technology or have previously encrypted their communications." The Appropriations Committee's legislative analyst also concluded that some state agencies, including California State University and California State Parks, would have to spend upwards of $10 million to comply with the bill's requirements.
Despite assertions by the bill's opponents about the high costs of compliance, some agencies have had no problem complying with the DOJ mandate without breaking the bank. Last week, Palo Alto announced that it will soon de-encrypt its main channel and adopt policies for protecting personal information. Under the policy, officers would have three options when transmitting such information: using a cellphone, splitting up individual components of personally identifiable information or only transmitting a person's driver's license over the radio.
Newly appointed Police Chief Andrew Binder told the council on Monday that the switch will not entail any significant costs. He noted, however, that other agencies may face different challenges and cost constraints than Palo Alto.
"Because of the really impressive, fantastic system that Silicon Valley Regional Interoperability Authority put in years ago, because we had equipment and because the department had the foresight not to get rid of the unencrypted channel, it really eased the amount of money that we had to spend to this point," Binder said, referring to the countywide system charged with ensuring seamless communication between emergency responders from different agencies. "Realizing that Palo Alto may be unique among other agencies that may have other obstacles."
Becker had argued at prior hearings on the bill that SB 1000 would not impact law enforcement agencies fiscally or operationally. It includes provisions for encrypted communication for tactical operations, undercover operations and other communications that may place officers or the public at risk if aired through an unencrypted channel. SB 1000, he argued, is necessary to ensure transparency.
"Law enforcement can in fact protect private information without putting the public in the dark," Becker told the Assembly's Public Safety Committee in June.
The Appropriations Committee's vote Thursday means the bill will not advance for a full vote in the current session of the Legislation. Becker will have the option of bringing back the bill, potentially with revisions, next year.
In a statement after the vote, Becker said the Legislature "missed a chance to ensure police transparency & accountability."
"Without this fix, many agencies will continue to encrypt vital radio communications, cutting off almost 90 yrs of public & press access to critical public safety info," Becker posted on Twitter. "I’ll continue to fight to restore access."
https://www.paloaltoonline.com/news/202 ... -committee
Josh Becker
@SenJoshBecker
Senator.
Representing #SD13 in the California State Senate.
https://twitter.com/senjoshbecker
Josh Becker
@SenJoshBecker
#CALeg missed a chance to ensure police transparency & accountability. Without this fix, many agencies will continue to encrypt vital radio communications, cutting off almost 90 yrs of public & press access to critical public safety info. I’ll continue to fight to restore access.
https://mobile.twitter.com/SenJoshBecke ... 7480133632
Josh Becker
@SenJoshBecker
I urge law enforcement to follow the model of the CHP and others, which implemented alternatives to full encryption.
@PaloAltoPolice
has found a way to restore access without great cost. I applaud their work and urge other departments to follow their example.
https://mobile.twitter.com/SenJoshBecke ... 9090639872
Josh Becker
@SenJoshBecker
My thanks to
@CNPAservices
@yourcba
@RTDNA
@FACoalition
@EFF
@ACLU_CalAction
@cityofpaloalto
@Defender411
@twrling
and the dozens of First Amendment, news, social justice & open government advocates supporting #SB1000. Accessible police radio traffic = Greater public safety
https://twitter.com/SenJoshBecker/statu ... 0495731712
Josh Becker
@SenJoshBecker
“Open police radio communication has become the public’s ear on its law enforcement agencies.”
The latimes adds its voice to the call for #SB1000’s passage. We learn today if the bill can move forward in the Assembly.
https://twitter.com/SenJoshBecker/statu ... 4132793346
https://www.latimes.com/opinion/story/2 ... ons-public
Editorial: Unblock California police radio communications
https://www.mercurynews.com/2022/08/10/ ... nications/
“But suddenly in the past two years, police across California have blocked radio communications, making it impossible for journalists to monitor activity. The cops claim — falsely — that they have no other way to protect citizens’ personal and criminal information.” #SB1000
https://twitter.com/CNPAservices/status ... 9865344000
SB1000 a bill by SenJoshBecker
meant to restore public and media access to police radio communications, was just effectively killed in the Assembly Appropriations Committee. The bill had already passed in the California Senate back in May.
https://twitter.com/SVscanners/status/1 ... 2969516033
Published in CITIZEN Blog
Keeping Californians and Their First Responders Safe: Pass SB1000
Citizen depends on access to real-time public safety radio channels in order to keep the over 2 million Californians who depend on us safe. In the event of a fast moving fire, earthquake, or active shooter situation, if we are not able to provide our users with the most up-to-date and quality information about whether to evacuate or shelter in place, lives could be lost. By having real-time access to these encrypted channels we are able to combat the misinformation of social media and bad actors who may want to manipulate a situation. When it comes to public safety, every second counts.
At Citizen, we have proven through our proprietary software that utilizes publicly available as well as encrypted public safety channels that access to better information leads to better outcomes.
https://medium.com/citizen/keeping-cali ... c734ce9acd