San Francisco Wireless Initiative

Jul 22, 2009
By:
Nicole A. Ozer

Page Media

ACLU of Northern CA

Unlike other cities, implementation of municipal wireless in San Francisco began in a very promising manner when the city stated in its request for proposals that they were interested in a network that protects the privacy of its users and respects the choices made by consumers. The city also required vendors who submitted proposals to answer specific questions in regards to how they would protect the privacy and information transmitted by users. Unfortunately, the proposals that were received proposed few limitations on the amount of information collected, the length of which it could be kept, and how the companies would protect information from third party demands.

The final contract between San Francisco, EarthLink, and Google failed to live up to the standard envisioned by the city. The contract failed to provide options for anonymity and the only safeguard in place was that Google agreed to collect "minimal information" although "minimal" was not defined in the contract. Aside from requiring that EarthLink not store information about users for more than 60 days, no limits were constructed on how long either company could maintain logs of user information and transactional data. The contract allowed companies to share information for law enforcement purposes but in response to a demand for information in a civil case, both companies agreed to provide notice to the individual prior to disclosing the information to investigators.

After Mayor Gavin Newsom introduced an ordinance asking the Board of Supervisors to approve the contract, local lawmakers began to pay attention to the fine print and questioned whether this system was beneficial for the city and its members. Several members of the Board were concerned about the lack of adequate privacy and free speech protections. As a result of these concerns, members of the Board started negotiating to amend the contract and Mayor Newsom proposed a non-binding ballot measure asking citizens of San Francisco to vote on whether they supported privately-operated municipal wireless. While In 2007, EarthLink announced that it had to pull out of the contract due to financial difficulties.

As of today, the fate of municipal wireless in San Francisco is uncertain as no company has come forward to contract with the city for a new system even though fourty-four percent of San Franciscans voted for it through Measure J.

While San Francisco is entering in a new phase in its quest to develop city-wide wireless through pilot projects with Meraki and FON's new wireless business models in the City, there are also questions about whether using these models are sustainable. Meraki, while allowing users to opt out of data collection, is also using tracking technology to monitor record IP addresses, online activities and location to serve targeted advertising and content. As the Meraki system has so far bypassed any public process or oversight, the thorough analysis and important questions the the Board of Supervisors asked about the Earthlink and Google contract have so far gone unasked and unanswered. Trouble may be looming ahead for privacy and free speech in San Francisco unless these issues are discussed and safeguards are put in place.

Learn more:

Make Free Wi-Fi Truly Free

Ballot Initiative

July ACLU of Northern California and EFF Joint Letter to SF Supervisors - DTIS Response Inadequate, Necessary Contract Modifications to Earthlink/Google Contract

DTIS Response to ACLU of Northern California Privacy and Free Speech Concerns

May Letter to SF Supervisors - Necessary Modifications to Earthlink/Google contract

February Letter to SF Supervisors - Earthlink/Google contract

Analysis of Earthlink and Google Final Contract

Analysis of Earthlink and Google Proposals

Joint Comments of ACLU of Northern California, EFF, and EPIC regarding San Francisco Municipal Wireless Tech Connect Program

Don't Let Internet Hot Spots Chill Privacy and Free Speech