LOS ANGELES POLICE DEPARTMENT P. O. Box 30158 Los Angeles, California 90030 Telephone: (213) 978-2100 TDD: (877) 275-5273 Reference Number: 14.4 CHARLIE BECK Chief of Police ERIC GARCE1T I Mayor August 7, 2015 Mr. Kieran Braddock Dear Mr. Braddock: I have reviewed your request to the Los Angeles Police Department (the Department) for information regarding any Department records and information on drones. Your request was made pursuant to the California Public Records Act (the Act). The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted in order to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government?s possession. Rather, by speci?c exemption and reference to other statutes, the Act recognizes that there are boundaries Where the public?s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure records that are privileged or con?dential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255. A search was conducted and records responsive to your request are being provided. Additional searches are being conducted and in accordance with Government Code Section 6253(c), my staff will require the statutory fourteen days extension of time in which to respond. A determination concerning your request will be made as soon as possible. AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER Mr. Kieran Braddock Page 2 14.4 Any correspondence regarding this matter should include a copy of this letter and be directed to the Los Angeles Police Department - Discovery Section, 201 North Los Angeles Street, Space 301, Los Angeles, California 90012. If you have any questions regarding this correspondence, please contact Management Analyst Brenda Brubaker of the Discovery Section at (213) 978-2132. Very truly yours, CHARLIE BECK Chie Police Enclosures From: MICHAEL Date: 6? 712014 Time: 2:00 PM 3:00 PM Subject: Canceled - Possible Meeting Re: Unmanned Aerial Systems Place: TBD 6117114 Canceled - Peter Bebring, ACLU. did not return Chiefs phone calls (em) 5I9114 - All. Here is the LA Weekly Article on UAS. Be sure to read the posted comments as well. We have a relative meeting the ACLU and 5 other PrivacyGroups Tuesday Afternoon June 17th. Speci?c time and location TBD. Thanks. Mike 5 Ways the LAPD's Drones Could Be Used to Spy The - LA Weekly s- -Ia ds?drones-could-be-used-to?s 1 day ago - The Los Angeles Police Department's acquisition of two Draganflyer drones hasLos Angeles buzzing about the possibility of Big Brother .. Page 1 of 3 MICHAEL WILLIAMS Re: Discussion re: use of Unmanned Aerial Systems (UAS) for LAPD From: MICHAEL DOWNING <23 692@lapd.lacity.org> To: gaiy.walters@lapd.lacity.org Date: 6/20/2014 10:12 AM Subject: Re: Discussion re: use of Unmanned Aerial Systems (UAS) for LAPD CC: 25921@1apd.lacity.org, Gary pleaser reschedule the vertical staff mtg. This takes priority thanks. Mike Sent from my iPhone On Jun 20, 2014, at 10:10 AM, wrote: Chief, I have a scheduled con?ict - a vertical staff meeting with AC Moore. I will send ASD ACO Lieutenant Phil Smith to the UAS meeting if that is acceptable. Best, Gary Walters Commanding Of?cer Air Support Division LAPD [21318416190 @CaptG?raryWalters Sent from my iPhone On Jun 20, 2014, at 9:32, wrote: Dear Mr. Peter Bibring, Senior Staff Attorney, ACLU of Southern California Mr. Michael Price, Brennan Center Ms. Elizabeth Joh eejoh, UC Davis Mr. Matt Kellegrew, Bill of Rights Defense Committee Thank you for your responses and it looks like all but one person can accommodate this coming Tuesday, June 24th at 3 :00 PM PST We will host the meeting here at our Headquarters, 100 W. First Street, 10th leer Suite 1043. or those who are unable to meet in Los Angeles, please dial in on the below conference call number using the below code. J. Thank you all and I will follow-up personally with Matt the following week. 12/3/2014 Page 2 of 3 Look forward to discussing this issue this coming Tuesday at 3:00 pm PST Best regards, Mike MICHAEL DOWNING 6/19/2014 10:48 AM Good morning, Mr. Peter Bibring, Senior Staff Attorney, ACLU of Southern California Mr. Michael Price, Brennan Center Ms. Elizabeth Joh eejoh, UC Davis Mr. Matt Kellegrew, Bill of Rights Defense Committee My name is Michael Downing, a Deputy Chief and Commanding Of?cer for Counter-Terrorism and Special Operations Bureau. 1 was referred to you by Mr. Peter Bibring of the ACLU of Southern California, as those who would be interested in discussing the use of Unmanned Aerial Systems in a municipal law enforcement environment. While we have acquired two of these systems from the Seattle Police Department, they are being held by the Department of Homeland Security until we thorougth complete our due diligence, develop protocols, policies, hear public concerns, comments, etc. The intention of meeting with all of you is not to collaborate on these protocols and policies, but to ensure we understand the privacy concerns, and positions held by constitutional attorneys and privacy groups as we begin to think about and craft the doctrine that will guide the use of such a capability. If in the end this equipment is approved for use by the Chief of Police, Police Commission, and the FAA, the intended use will only be for SWAT operations in a tactical environment, within a tactical perimeter, for barricaded suspects, hostage scenarios, and or active shooters. While it is always good to have a face to face meeting, I understand some of you are on the other side of the country so if you all agree to meet with me and my 'team, I am happy to host the meeting at our Headquarters in downtown Los Angeles and also accommodate and conference or SKYPE call. I can offer the following dates and times for consideration: Next Tuesday, Wednesday, or Thursday at 3:00 PM PST - if this is too soon, we can also look at the following week in the mid afternoon hours. Thank you for considering this invitation to participate and help us better understand a perspective that we may not fully appreciate. Best regards, Michael Downing, Deputy Chief ?le :/Usersf3 333/AppData/Local/"T empDinrpwisef53 1 00. .. 1213/2014 i! f, Page3of3 Commanding Of?cer Counter-Terrorism and Special Operations Bureau L9 elefflige Department it I -. 'f 13 433 email: 13 12/3/2014 Page I of 2 GLORIA VAZQUEZ FANNING - Fwd: Discussion re: use of Unmanned Aerial Systems (UAS) for LAPD From: ELSA MANLEY To: GALLARDO, VAZQUEZ FANNING, GLORIA Date: 9:36 AM Subject: Fwd: Discussion re: use of Unmanned Aerial Systems (UAS) for LAPD CC: WILLIAMS, MICHAEL Mina/Gloria, I posted this conference call on the Commander's calendar. Thanks. Elsa MICHAEL DOWNING 6/20/2014 9:32 AM Dear Mr. Peter Bibring, Senior Staff Attorney, ACLU of Southern California Mr. Michael Price, Brennan Center M5. Elizabeth Joh eejoh, UC Davis Mr. Matt Kellegrew, Bill of Rights Defense Committee Thank you for your responses and it looks like all but one person can accommodate this coming Tuesday, June 24th at 3:00 PM PST We will host the meeting here at our Headquarters, 100 W. First Street, 10th Floor Suite 1043. For those who are unable to meet in Los Angeles, please dial in on the below conference call number using the below code. I I i followed by the #key Thank you all and I?wilp personally with Matt the following week. Look fomrard to discussing this issue this coming Tuesday at 3:00 pm PST Best regards, Mike MICHAEL DOWNING 6/19/2014 10:48 AM Good morning, Mr. Peter Bibring, Senior Staff Attorney, ACLU of Southern California Mr. Michael Price, Brennan Center Ms. Elizabeth .?ioh eejoh, UC Davis Mr. Matt Kellegrew, Bill of Rights Defense Committee My name is Michael Downing, a Deputy Chief and Commanding Officer for LAPD's Counter?Terrorism and Special Operations Bureau. I was referred to you by Mr. Peter Bibring of the ACLU of Southern California, as those who would be interested in discussing the use of Unmanned Aerial Systems in a municipal law enforcement environment. While we have acquired two of these systems from the Seattle Police Department, they are being 10. .. 12/3/2014 Page 2 of 2 held by the Department of Homeland Security until we thoroughly complete our due diligence, develop protocols, policies, hear public concerns, comments, etc. The intention of meeting with all of you is not to collaborate on these protocols and policies, but to ensure we understand the privacy concerns, and positions held by constitutional attorneys and privacy groups as we begin to think about and craft the doctrine that will guide the use of such a capability. If in the end this equipment is approved for use by the Chief of Police, Police Commission, and the FAA, the intended use will only be far SWAT operations in a tactical environment, within a tactical perimeter, for barricaded suspects, hostage scenarios, and or active shooters. While it is always good to have a face to face meeting, I understand some of you are on the other side of the country so if you all agree to meet with me and my team, I am happy to host the meeting at our Headquarters in downtown Los Angeles and also accommodate and conference or SKYPE call. I can offer the following dates and times for consideration: Next Tuesday, Wednesday, or Thursday at 3:00 PM Pg if this is too soon, we can also look at the following week in the mid afternoon hours. Thank you for considering this invitation to participate and help us bettm understand a perspective that we may not fully appreciate. Best regards, Michael Downing, Deputy Chief Commanding Of?cer Counter?Terrorism and Special Operations Bureau ?le://1C:/Users/313 33/ AppDatafLocal/T emp/XP grpwise/ 5 1 12/3/2014 Page 1 of 1 MICHAEL DOWNING - Pre-Meet for Unmanned Conference From: MICHAEL DOWNING Date: 6/24/2014 Time: 2:30 PM - 3:00 PM Subject: Pre?Meet for Unmanned Conference Place: CTSOB ASD Lt Phillips to meet for a pre?brlef with Chief regarding the conference call at 1500 about :blank 12f2/2014 Page 1 of 1 MICHAEL DOWNING - Meeting Re: Use of Unmanned Aerial Systems From: MICHAEL DOWNING Date: 6/24/2014 Time: 3:00 PM - 4:00 PM Subject: Meeting Re: Use of Unmanned Aerial Systems Place: Attachments: Discussion re: use of Unmanned Aeril terns (OAS) for LAPD Mr; Peter Bibring, Senior Staff Attorney, ACLU of Southern California Mr. Michael Price, Brennan Center Ms. Elizabeth Joh eejoh, UC Davis Mr. Matt Kellegrew, Bill of Rights Defense Committee Mr. Douglas Mireli, Harder Mirell 8L Abrams LLP Chal; 2. 3. Press the (star) key I 4. Enter the Chairperson? followed by the (pound) key 5. Press 1 to enter the conference bridge The call will end when the Chairperson disconnects Dear Mr. Peter Bibring, Senior Staff Attorney, ACLU of Southern California Mr. Michael Price, Brennan Center Ms. Elizabeth Joh eejoh, UC Davis Mr. Matt Keliegrew, Bill of Rights Defense Committee followed by the (pound) key Enterthe Conference Thank you for your responses and it looks like all but one person can accommddate this coming Tuesday, June 24th at 3:00 PM PST We will host the meeting here at our Headquarters, 100 W. First Street, 10th Floor" Suite 1043. For those who are unable to meet in Los Angeles, please dial in on the below conference call number using the below code. .. followed by the #key Thank you all and I will follow-up personally with Matt the following week. Look forward to discussing this issue this coming Tuesday at 3:00 pm PST Best regards, Mike 6/19/14 (em) shout-blank 12/2/2014 i UAV Conference Call Notes June 24, 2014, 1500 hours Peter: He is not opposed to the use of UAVs. He understands that they can be effectively used for ?weather surveys, geographic surveys and disaster management.? He does not understand the usefulness of UAVs for the LAPD. He needs to better understand the intended purpose for the use of UAVs by the LAPD. DC Downing: The intent of UAVs will be for SWAT operations, perimeters, hostage situations, exigent circumstances and for active shooters. UAVs will be useful to limit the risk to SWAT of?cers, will provide situational awareness, can allow LAPD to adjust tactics and can be used for interior incidents to provide situational awareness. The UAVs also have the capability to be expanded with the installation of cameras, LUOR and video. LAPD will develop protocols which would ensure policies for its use, required training policies, certi?cation for operation, 50 hours of training required, an'executive review process, COP approval, public comment and Commission ?nal approval. It would also outline audit procedures, reports, accountability and access to the Inspector General. Lt Smith: The use of UAVs is guided by FAA regulations. 0 It will require line of sight between pilot and UAV. 0 Also requires one pilot and one spotter for each unit. a Will have a return-to?base feature. . a Will most likely have limited use between 25-50 feet. Peter: Has concern whether there will be safeguards in place surrounding the UAVs use. 0 De?ning circumstances and instances for use. - That it is not used as an investigative or surveillance tool I Who will have access to the data? 0 Who will audit the data? 0 How and if data will be shared and stored? Elizabeth: I- LAPD must outline its capabilities: What are they? Cameras? Video? Extent that additional capabilities are possible. Understands that they are modular and additional options can be included and/or removed. Has concern whether the consideration of additional expansion will be outlined andfor de?ned. 0 Purpose Speci?cation: Has concern that if the UA?v?s are proven to be effective that they would be considered for a wider range of uses. Who and how will future use expansion be controlled? Page 1 Matt: UAV Conference Call Notes June 24, 2014, 1500 hours Whether the LAPD will provide transparency/accountability. There needs to be a reporting mechanism, a publically available report and an accountability mechanism. Must obtain community opinion and the Department understands that Los Angeles has a diverse community that will have a range of feelings regarding UAVs. Has signi?cant concern of the disproportionate impact of UAV use. Must reassure the community which should include community involvement and feedback. There should be no secret surveillance. He indicated that he was active during the UAV activity regarding Seattle PD. He felt that UAVs drew such negative attention with Seattle PD due to the number of simultaneous scandals that they were dealing with at the time. He believed that there was distrust of Seattle PD on behalf pf the community due to the scandals and that the consideration of UAV use was poorly received for those reasons. There is no law governing data collection and a pending court decision to address such could likely take 10 or more years. Must have procedural safeguards to protect the 4th amendment. Feels that one of the biggest obstacles regarding UAVs is that their general use is to kill people overseas and that will always be on the forefront of people?s minds when a request for expansion regarding ?iture use is made. Page 2 Page 1 of 1 Hello Gentlemen: Chief Downing is requesting a meeting on Tuesday, September 9, at 10:00 am to discuss the unmanned aerial system. Could you please con?rm your attendance as soon as possible? Additional details are forthcoming. Thank you. Elsa Manley Executive Administrative Assistant Counter-Terrorism and Special Operations Bureau Main 1213) 486-8780 F2- elsa.manley? @Ia g_c_l.lacig.org ?lm/If Cle sersf24 53 .HTM 12/2/2014 Page 1 of 1 MICHAEL DOWNING - Re: touching base on surveillance issues From: Peter Bibring To: MICHAEL DOWNING Date: 10/10i2014 8:55 PM Subject: Re: touching base on surveillance issues That would be great. Thanks for making time on short notice. Shall I come to your of?ce? On Oct 10, 2014, at 5:23 PM, MICHAEL DOWNING wrote: Peter how about Tuesday at 11 Sent from my iPhone On Oct 10, 2014, at 5:17 PM, Peter Bibring wrote: ?le:/l/C:/Users/2453 8/AppDatafLoca1/Temp/XP grpwise/S43 00. .. Chief Downing, I wondered if you might have time to meet brie?y sometime in the next week or two to talk about surveillance technology generally and the process around its adoption and deployment. We?ve been trying to think about ways to bring transparency and public trust to police use of surveillance tech, and I?d very much like to talk to you about what we?ve come up with and how it might work in LA. As always, I'm happy to come by your of?ce, or meet you nearby for a cup of coffee whatever?s easiest for you. Best, Peter Bibring Director of Police Practices Senior Staff Attorney ACLU of Southern California 1313 W. 8th Street I Los Angeles, CA 90017 213.977.9500 x295 1 213.977.5297 Qbibringeaclusocalcrg facebook twitter bl_og The ACLU: Because Freedom Can't Protect Itself This message is intended only for the use of the individual or entity to which it is addressed and may contain infannation that is privileged, con?dential and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 1212/2014 Page I of 1 MICHAEL DOWNING - Re: touching base on surveillance issues From: MICHAEL DOWNING <23692@lapd.lacity.org> To: clsamanley@lapd.lacity.org, Date: 10/1012014 8:58 PM Subject: Re: touching base on sarveillance issues CC: Peter yes that would be great. I will have parking for you under our building. Iwill ask ARIF if he is available as well. Mike. Sent from my iPhone On Oct 10, 2014, at 8:55 PM, Peter Bibring wrote: That would be great. Thanks for making time on short notice. Shall I come to your of?ce? On Oct 10, 2014, at 5:23 MICHAEL DOWNING wrote: Peter how about Tuesday at 11 Sent from my iPhone On Oct 10, 2014, at 5:17 PM, Peter Bibring wrote: Chief Downing, I wondered if you might have time to meet brie?y sometime in the next week or two to talk about surveillance technology generally and the process around its adoption and deployment. We've been trying to think about ways to bring transparency and public trust to police use of surveillance tech, and very much like to talk to you about what we've come up with and how it might work in LA. As always, l?m happy to come by your of?ce. or meet you nearby for a cup of coffee - whatever?s easiest for you. Best. Peter Bibring Director of Police Practices 8i Senior Staff Attorney ACLU of Southern California 1313 W. 8th Street 1 Los Angeles, CA 90017 213.977.9500 use 1 if} 213.977.5297 aclusocalorg ACLUSoCal.org ll facebook twitter _bl_og The ACLU: Because Freedom Can't Protect Itself This message is intended oniyfor the use of the individual or entity to which is addressed and may contain information that is priviieged, con?dentiai and exempt from disclosure underopplicabie law. if the reader of this message is not the in tended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any disseminatia 71, distribution or copying of this communication is strictiy prohibited. 12/2/2014 Page 1 of 2 MICHAEL DOWNING - Re: touching base on surveillance issues From: Peter Bibring To: MICHAEL DOWNING Date: 10/10/2014 9:07 PM Subject: Re: touching base on surveillance issues CC: Peter Bibring ELSA MANLEY Great. Arif and I spoke about this in general terms earlier this week, so if he's available I?ll be glad for the chance to follow up with some speci?cs. Look forward to seeing you Tuesday. On Oct 10, 2014, at 8:57 PM, MICHAEL DOWNING wrote: Peter yes that would be great. I will have parking for you under our building. I will ask ARIF if he is available as well. Mike. Sent ?om my iPhone On Oct 10, 2014, at 8:55 PM, Peter Bibring To: michel.moore@lapd.laciw.org Date: 11/12/2014 1:34 PM Subject: Re: Copy of ACLU proposal CC: Mike the ?ll ACLU report on surveillance came out today. See below. This is even more detailed than what I sent you prior. We released the surveillance report today. It?s available for download here: Sent from my iPad On Nov 11, 2014, at 10:33 AM, MICHEL MOORE 23506<23506 la d.laei .or Issuer? wrote: Mike Can you resend me the ACLU proposal on establishing an ordinance we talked about? You forwarded me a link earlier but I couldn't ?nd either the attachment or whatever document that laid out the proposal? Thanks Mike 12/2/2014 Page 1 of 1 MICHAEL DOWNING surveillance ordinance From: Peter Bibring' To: Date: 1 1/ 16/2014 9:49 PM Subject: surveillance ordinance Chief Downing, Sorry we didn't connect Friday. If you're around tomorrow, I'd love to touch base. I'm pretty ?exible after 11 - let me know there's a good time to talk, or if there's a better day later in the week. Thanks, -Peter ?le:f/fC:/U sets/245 3 1 O. .. 12/2/2011 4 I Page 1 of 1 MICHAEL DOWNING - Re: surveillance ordinance From: Peter Bibring To: MICHAEL DOWNING Date: 11/17/2014 5:26 AM Subject: Re: surveillance ordinance CC: Peter Bibring Great. I will plan to call your cell at 1. Let me know if your schedule changes. Typed with thumbs and edited by robot. On Nov 16, 2014, at 10:12 PM, MICHAEL DOWNING ownin d.l wrote: Peter de?nite want to talk. I head for DC tomorrow and could talk anytime after 1:00 PSTF. Mike . Sent ?'om my iPhone 011 Nov 16, 2014, at 9:49 PM, Peter Bibring wrote: Chief Downing, Serry we didn't connect Friday. If you're around tomorrow, l'd love to touch base. I'm pretty flexible after 11 -- let me know there's a good time to talk, or if there?s a better day later in the week. i Thanks, -Peter 001 12/2/2014