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Debate Over Surveillance Technology by Urbana Police Department

URBANA — A Renewed Discussion

The discussion surrounding the usage of surveillance technology by the Urbana Police Department (UPD) has resurfaced, highlighting the need for a comprehensive approach to transparency and governance. As society becomes increasingly aware of privacy rights, this issue has garnered significant attention from both council members and the community.

Proposed Ordinance by Aldermen

Aldermen Grace Wilken and Jaya Kolisetty have taken the initiative by drafting an ordinance that seeks to establish an approval process for “policing surveillance technology and databases.” Their proposal aims to set clear policy guidelines and reporting requirements for the implementation of these tools.

Wilken expressed her concerns by stating, “It’s important for the public, and their council representatives, to have knowledge and approval of the surveillance technologies used on the public.” She emphasized the current lack of transparency, noting that there are no existing processes for the procurement and use of policing surveillance technology.

Opposition from Police Chief Boone

In contrast, Police Chief Larry D. Boone denounced the proposed ordinance, calling it “an overreach.” He stated that while transparency and accountability are crucial, the ordinance as it stands imposes excessive restrictions that could hamper the ability of the Urbana Police Department to operate smoothly. He articulated that the language within the ordinance is overly broad and could micromanage routine policing functions, compromising their overall effectiveness in maintaining public safety.

Upcoming Committee Discussions

This proposed ordinance is slated for discussion at Monday’s 7 p.m. Committee of the Whole meeting. However, it is important to note that no immediate decisions will be made during this session, allowing further deliberation on the implications and potential adjustments to the language and requirements of the ordinance.

If the ordinance were to receive approval in its current form at a subsequent regular meeting, it would necessitate that the Urbana Police Department seek the city council’s endorsement prior to acquiring “any new policing (surveillance) technology or database.” This provision would extend to existing tools being employed in any manner that has not already received approval.

Considerations for Approval

Additionally, when determining whether to grant approval, the City Council would evaluate if the public safety advantages of the surveillance technology considerably outweigh the economic, social, and community costs, including the risks posed to civil liberties and potential discriminatory impacts on specific demographics.

Increased Transparency Requirements

As part of the ordinance, the police department would be obligated to develop a “use report” and a “use policy” at least 60 days before seeking approval for new technologies. This report would be shared with the city council and the public, ensuring the community can provide feedback within a 45-day window following the submission of these documents.

The ordinance also stipulates that the department must present use reports for existing surveillance technologies within 120 days of its enactment, with extensions possible through written consent from the city council. This ongoing reporting process aims to maintain transparency and bolster public trust.

Broad Definitions of Surveillance Technology

The ordinance defines police surveillance technology expansively, encompassing a range of items such as “artificial intelligence and machine learning,” automatic license plate readers (ALPRs), facial recognition software, drones, and various tools capable of accessing mobile devices or computers. This broad scope raises concerns from Police Chief Boone, who argues that these definitions effectively encompass nearly all law enforcement tools, including standard technologies like ALPRs.

Boone further expressed apprehension about the 60-day notice period, arguing that it may not align with the rapid response demands of modern policing. He indicated that mandatory approvals for technologies already in use could jeopardize active investigations.

Concerns Over Civil Rights

Interestingly, while the ordinance seeks accountability, it also reflects concerns regarding the negative implications of surveillance technologies on civil rights. Groups such as the CU Muslim Action Committee have voiced their support for the ordinance, emphasizing the significance of checks to prevent discriminatory practices in policing.

Member Sana Saboowala articulated the historical context, stating, “Discriminatory, Islamophobic surveillance in the name of counterterrorism is something we have experienced in this country since 9/11.” They believe the proposed ordinance would facilitate transparency and allow public input on police surveillance within the city.

Potential Unintended Consequences

Wilken and Kolisetty have raised additional questions about the potential misuse of surveillance tools, particularly concerning sensitive issues such as tracking individuals seeking out-of-state abortions, undocumented asylum seekers, and peaceful protesters exercising their rights. They highlighted alarming instances where local surveillance data has been accessed by Immigration and Customs Enforcement (ICE), resulting in violations of individuals’ privacy rights.

Need for Technological Evolution

Boone, however, reiterated the critical role of surveillance tools like ALPRs in crime detection and recovery efforts. He criticized the current state of UPD’s technological infrastructure, describing it as a disjointed collection of outdated systems. He argued for the necessity of evolving law enforcement strategies to address the changing landscape of crime.

Budget Challenges and Historical Context

The proposed budget amendment for purchasing ALPRs previously struggled to secure support, with the vote narrowly failing in November 2021. A memo accompanying the proposed ordinance noted a failed attempt in June 2023 to introduce similar approval requirements for surveillance technologies.

Mayor Diane Marlin underscored the significance of city council approval, stating that the city would not authorize or purchase ALPR technology without it.

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