City of Seattle

Master List of Surveillance Technologies

Revised December 2019

Contents

Executive Summary 2

About The Master List 3

December 2019 Re-Submission 3

Surveillance Ordinance 3

Master List Requirements 3

Master List 5

Appendix A: Retroactive technology identification Methodology 11

Appendix B: Surveillance Criteria 12

Executive Summary

The Seattle City Council passed Ordinance 125376, known as the "Surveillance Ordinance", to provide greater transparency to City Council and the public when the City acquires technology that meets the City's definition of surveillance. The Surveillance Ordinance, which took effect on September 1, 2017, outlines requirements that include: surveillance technology review and approval by City Council before acquisition, Council review and approval via ordinance for existing technologies, and reporting about surveillance technology use and community impact.

The original master list was submitted to Council and the City Clerk on November 30, 2017. Surveillance Ordinance section three required the City's Chief Technology Officer to compile a Master List of surveillance technologies in use by City departments as of the date the Surveillance Ordinance took effect ("Master List"), and to submit this report within 90 days of the Surveillance Ordinance's effective date. Department privacy champions worked with the Seattle IT Privacy Team to identify surveillance technologies in use. The list in this report represents the best effort of departments to identify existing technologies based on the definition and criteria outlined in the Surveillance Ordinance. Should additional technologies that were in use as of September 1, 2017 be discovered, this report will be amended and resubmitted.

The Master List has been re-ordered to reflect changes in use of technology and Council delivery schedule.

The following departments currently use surveillance technology. These departments will complete the retroactive approval process for these technologies as required by the Surveillance Ordinance.

Department Number of Technologies

Seattle City Light 3

Seattle Department of Transportation 3

Seattle Fire Department 3

Seattle Police Department 17

Total 26

About The Master List

This report was mandated as part the Surveillance Ordinance (125376) approved by City Council in August 2017. It was compiled with active input of all City departments. The Master List was compiled through the process detailed in Appendix A, using the criteria detailed in Appendix B.

December 2019 Re-Submission

Per SMC 14.18.050.B. Section 3, "the CTO may make corrections to the master list, which must be timely filed with the City Clerk." The Master List of Surveillance Technologies is being re-submitted to Council, City Clerk, and the Mayor's Office to reflect corrections made because the technologies:

1) Do not meet the definition of surveillance, or

2) Meet one or more of the exemptions and exceptions criteria as outlined in SMC 14.18.030, or

3) Are not in use by the designated City department, either through department direction or alternative acquisition.

Surveillance Ordinance

Ordinance 125376, also referred to as the "Surveillance Ordinance", took effect on September 1, 2017 and has implications for the acquisition of new technologies by the City, and technologies that are already in use that may fall under the new, broader definition of surveillance.

SMC 14.18.020.B.1 charges the City's Executive with developing a process to identify surveillance technologies subject to the Ordinance. Seattle IT, on behalf of the Executive, developed and implemented a process through which a privacy and surveillance review is completed prior to the acquisition of new technologies. This requirement, and the criteria used in the review process, are documented in Seattle IT Policy PR-02, "Surveillance Policy".

Master List Requirements

Surveillance Ordinance SMC 14.18.050.B. Section 3 requires the City's Chief Technology Officer to compile a Master List of technologies in use as of September 1, 2017 that meets the definition of surveillance technology ("Master List"). Specifically, the Surveillance Ordinance states:

Section 3. Notwithstanding the provisions of Chapter 14.18 of the Seattle Municipal Code, each City department may use surveillance technology that has not received prior Council approval under Chapter 14.18 when the technology is, as of the effective date of this ordinance, (1) in the department's possession or (2) in the execution or closeout phase of acquisition or has had a purchase order issued, pursuant to the Chief Technology Officer's authority under subsection 3.23.030.C of the Seattle Municipal Code; provided, that the department complies with the procedures set forth in this section for Council approval. The SIRs on all identified retroactive technologies on the Master Technology List must be submitted to Council by March 1, 2020. The Executive shall by September 1, 2019 submit to the Council a status report on the development of the SIRs for retroactive technologies. The report shall describe the public engagement and workgroup process that is completed or planned for each SIR as well as a timeline for when the department expects to finish work on all SIRs for retroactive technologies.

Each City department shall compile a list of all surveillance technology that it controls and is utilizing as of the effective date of this ordinance that is not covered by an exemption or exception to the requirements of Chapter 14.18 of the Seattle Municipal Code, and submit it to the CTO, or submit an affirmative statement that there are no such technologies. The list shall identify for each technology whether the technology has received prior Council approval under Chapter 14.18, and if so, the ordinance number. The CTO shall compile a master list that contains the information submitted by each department and that identifies separately for each department the order and timeframe in which the technology is recommended to be brought to the Council for ordinance approval. The master list shall be filed within 90 days of the effective date of this ordinance with the City Clerk, with an electronic copy to the Chair of the committee responsible for technology, the Director of Central Staff, the Chief Technology Officer, and the Inspector General for Public Safety. The CTO may make corrections to the master list, which must be timely filed with the City Clerk. Each City department shall submit requests for surveillance technology ordinance approval for technologies on the master list consistent with Chapter 14.18 of the Seattle Municipal in the order and timeframe contained in the master list, beginning no later than January 31, 2019, and at a rate of at least 12 in a 12-month period. The Council may revise or re-order the master list by resolution.

Note that technologies exempted from Surveillance Ordinance in SMC 14.18.030 are not included in the Master List.

Master List

Technologies in use as of the effective date of this Surveillance Ordinance are listed below, organized as the City intends to bring the technologies to City Council. Please note that groups two, three and four, may be re-ordered in the future to facilitate more prompt SIR submission.

Group One Technology Review

Group One technologies were approved by Ordinance 125936 on 9/23/2019.

Department Technology Description

SDOT License Plate Readers License Plate Reader (LPR) cameras are a specialized CCTV camera with built in software to help identify and record license plates on vehicles. Travel times are generated by collecting arrival times at various checkpoints and matching the vehicle license plate numbers between consecutive checkpoints.

This information is collected under the authority of SMC 11.16.200 requiring SDOT to keep records of traffic volumes.

Closed Circuit Television Equipment "Traffic Cameras" SDOT has cameras installed throughout the City to monitor congestion, incidents, closures, and other traffic issues. The technology provides the ability to see roads, providing engineers with the necessary information to manage an incident and identify alternate routes. Every camera is available for live viewing by the public via our Traveler Information Web Map (http://web6.seattle.gov/Travelers/). The video is not archived.

This information is collected under the authority of SMC 11.16.200 requiring SDOT to keep records of traffic volumes.

Group Two Technology Review

Group Two technologies will be submitted to Council by 2/28/2020.

Department Technology Description

SCL Binoculars/Spotting Scope The spotting scope is used to read meters from a distance when direct access to the meter is obstructed. Scopes are used by SCL's Current Diversion team to conduct investigations. Use of this technology may occur without informing a domicile's resident(s).

Check Meter Device This device measures the total amount of power being consumed at a service location where current diversion is confirmed or suspected. The device is set at the transformer and is used when a prolonged reading is desired by the Current Diversion team. Use of this technology may occur without informing a domicile's resident(s).

SensorLink Amp Fork The SensorLink Amp Fork is used by SCL's Current Diversion team to measure the load on line-side entrance conductors, allowing SCL to determine the total amount of power being consumed at a service location. This tool provides an instantaneous reading to the group conducting the investigation. Use of this technology may occur without informing a domicile's resident(s).

SDOT Acyclica Acyclica devices are in street furniture throughout the City and determine real time vehicle travel times in the City corridor by identifying WiFi-enabled devices in vehicles, such as smart phones, traveling between multiple sites. The identifying information is anonymized. Additionally, the data is deleted within 24 hours to prevent tracking devices over time.

This information is collected under the authority of SMC 11.16.200, requiring SDOT to keep records of traffic volumes, as well as SMC 11.16.220 requiring an annual report on traffic.

SFD Computer-Aided Dispatch Computer-aided dispatch (CAD) is used to initiate public safety calls for service, dispatch, and to maintain the status of responding resources in the field. It is used by 911 dispatchers as well as by officers using mobile data terminals (MDTs) in the field. Use is opt-in, but individuals may enter personally-identifying information about third-parties without providing notice to those individuals.

SPD Automated License Plate Recognition (ALPR) ALPRs are computer-controlled, high-speed camera systems mounted on parking enforcement or police vehicles that automatically capture an image of license plates that come into view and converts the image of the license plate into alphanumeric data that can be used to locate vehicles reported stolen or otherwise sought for public safety purposes and to enforce parking restrictions.

Parking Enforcement Systems Several applications are linked together to comprise the enforcement system and used with ALPR for issuing parking citations. This is in support of enforcing the Scofflaw Ordinance SMC 11.35.

CopLogic System allowing individuals to submit police reports on-line for certain low-level crimes in non-emergency situations where there are no known suspects or information about the crime that can be followed up on. Use is opt-in, but individuals may enter personally-identifying information about third-parties without providing notice to those individuals.

911 Logging Recorder System providing networked access to the logged telephony and radio voice recordings of the 911 center.

Computer-Aided Dispatch (CAD) CAD is used to initiate public safety calls for service, dispatch, and to maintain the status of responding resources in the field. It is used by 911 dispatchers as well as by officers using mobile data terminals (MDTs) in the field.

Group Three Technology Review

Group Three technologies will be submitted to Council by 6/30/2020.

Department Technology Description

SPD

Forward Looking Infrared Real-time video (FLIR) Two King County Sheriff's Office helicopters with Forward Looking Infrared (FLIR) send a real-time microwave video downlink of ongoing events to commanders and other decision-makers on the ground, facilitating specialized radio tracking equipment to locate bank robbery suspects and provides a platform for aerial photography and digital video of large outdoor locations (e.g., crime scenes and disaster damage, etc.).

Video Recording Systems These systems are to record events that take place in a Blood Alcohol Concentration (BAC) Room, holding cells, interview, lineup, and polygraph rooms recording systems.

Situational Awareness Cameras Without Recording Non-recording cameras that allow officers to observe around corners or other areas during tactical operations where officers need to see the situation before entering a building, floor or room. These may be rolled, tossed, lowered or throw into an area, attached to a hand-held pole and extended around a corner or into an area. Smaller cameras may be rolled under a doorway. The cameras contain wireless transmitters that convey images to officers.

Group Four Technology Review

Group Four technologies will be submitted to Council by 9/1/2020.

Department Technology Description

SFD Emergency Scene Cameras Photos at incidents (not retained after transmission per department policy) are collected as part of the investigation and documentation of emergency responses and may include photographs of identifiable individuals and property.

Hazmat Camera This wireless system transmits pictures related to hazardous materials sites to document and identify clean up and management requirements.

SPD Undercover/ Technologies The following groups of technologies are used to conduct sensitive investigations and should be reviewed together:

Audio recording devices: A hidden microphone to audio record individuals without their knowledge. The microphone is either not visible to the subject being recorded or is disguised as another object. Used with search warrant or signed Authorization to Intercept (RCW 9A.73.200).

Camera systems: A hidden camera used to record people without their knowledge. The camera is either not visible to the subject being filmed or is disguised as another object. Used with consent, a search warrant (when the area captured by the camera is not in plain view of the public), or with specific and articulable facts that a person has or is about to be engaged in a criminal activity and the camera captures only areas in plain view of the public.

Tracking devices: A hidden tracking device carried by a moving vehicle or person that uses the Global Positioning System to determine and track the precise location. U.S. Supreme Court v. Jones mandated that these must have consent or a search warrant to be used.

Callyo This software may be installed on an officer's cell phone to allow them to record the audio from phone communications between law enforcement and suspects. Callyo may be used with consent or search warrant.

Remotely Operated Vehicles (ROVs) These are SPD non-recording ROVs/robots used by Arson/Bomb Unit to safely approach suspected explosives, by Harbor Unit to detect drowning victims, vehicles, or other submerged items, and by SWAT in tactical situations to assess dangerous situations from a safe, remote location.

Hostage Negotiation Throw Phone A set of recording and tracking technologies contained in a phone that is used in hostage negotiation situations to facilitate communications.

Computer, cellphone and mobile device extraction tools Forensic tools used with consent of phone/device owner or pursuant to a warrant to acquire, decode, and analyze data from smartphones, tablets, portable GPS device, desktop and laptop computers.

I2 iBase The I2 iBase crime analysis tool allows for configuring, capturing, controlling, analyzing and displaying complex information and relationships in link and entity data. iBase is both a database application, as well as a modeling and analysis tool. It uses data pulled from SPD's existing systems for modeling and analysis.

Crash Data Retrieval Tool that allows a Collision Reconstructionist investigating vehicle crashes the opportunity to image data stored in the vehicle's airbag control module. This is done for a vehicle that has been in a crash and is used with consent or search warrant.

Maltego An interactive data mining tool that renders graphs for link analysis. The tool is used in online investigations for finding relationships between pieces of information from various sources located on the internet.

GeoTime GeoTime is a geospatial analysis software that provides a visual analysis of events over time. Users can view real-time animated playback of data and use automated analysis tools within the software to identify location patterns, trends, and connections between events.

Appendix A: Retroactive Technology Identification Methodology

The following steps were taken to complete the Master List requirement.

1. The Mayor's Office sent a City-wide email to notify City staff, department leaders, and privacy champions that the surveillance audit and inventory of technologies was required.

2. The Chief Privacy Officer presented the process and timeline to City executives and leaders to request resources and cooperation.

3. Privacy staff met with departments individually to discuss the overall process, discuss specific technologies, and make determinations about Master List technology inclusion.

4. Privacy champions and staff were provided with the surveillance checklist (see below) to assist in identifying surveillance technologies that meet Surveillance Ordinance requirements.

5. The list of technologies was validated against selection criteria and reviewed by the Chief Technology Officer prior to submission.

Appendix B: Surveillance Criteria