Silicon Valley county passes new law requiring approval before cops buy spy kit

A Silicon Valley county has become the first in the United States to vote in a new law that requires "continued oversight and regular evaluation" for law enforcement agencies prior to the acquisition of surveillance technology. The ordinance, which was unanimously approved by the Santa Clara County Board of Supervisors, requires that the county sheriff's and the district attorney’s offices seek board approval before those agencies even begin the process of obtaining new snooping gear. The agencies are not required to immediately notify the board in exigent circumstances, but they must do so within 90 days.

Agencies must also submit a usage policy to the county government and, notably, an "Annual Surveillance Report," which should describe what data the device captures, how the agency deals with information collected about people not suspected of any wrongdoing, and whether the gear has been effective, among other requirements. "The ordinance doesn’t prohibit the acquisition of any surveillance technology," said Supervisor Joe Simitian, a longstanding local privacy advocate and former state senator. "It says if you’re going to acquire any surveillance technology, let’s talk about privacy and due process rights." "The issue is not the technology. The question is whether or not we have the wisdom to use the technology appropriately," he added.