$16 Million for Axon/Durham police contract?

Durham PD is proposing a contract extending and expanding its contract with Axon for body cameras (which I don't find objectionable) and a lot of other stuff that is more problematic like drones, tasers, automatic license plate readers, and a watered down version of a data fusion center, all for the low, low price of $16M.

I listened to the recording of the work session and I want to thank those council members who took the prior discussion and concerns around the proposed Peregrine contract to heart and asked some really detailed questions. It seemed that most council members agreed to varying levels that some guardrails are needed. There was less agreement about how much and when. I don't appreciate the false dichotomy that some in the audience and the council presented that you can't have safety and privacy simultaneously and if you advocate for legitimate privacy protections you don't care about other people's safety.

I'm all for more effective and efficient policing. I went to several of the Peregrine town halls/zooms and read all the follow up information and I'm fairly well steeped in these issues at this point and I have not seen convincing data to support the claim that the data aggregation systems actually significantly prevent or decrease crime. The companies that sell these systems tell a good story, but the numbers don't back them up. Part of the story they are good at selling is that more surveillance equals more safety. Nothing could be further than the truth.

The data fusion center concept and technology as commonly deployed tramples on 1st, 4th, and 9th amendment rights. If you don't care about that, then maybe ask if this is really how you want your tax dollars spent and if it's really the best way to reduce crime. Two well documented ways to lower crime rates are investing in youth employment programs and mental health services.

The proposed contract should be split into things we can agree on like body cameras and hold off on the more problematic items until we have a chance to hear the details. The public should get access to the same briefing materials that the council did.

This will item #26 “Contract with Axon Enterprise, Inc., to Renew and Expand Services” on the June 1st 7:00 PM meeting agenda. Ways to provide feedback listed below. Here are a few of my suggestions:

No contract should be signed without adequate feedback from the public. It is very clear from all the town halls last fall that the Durham Police Department does not have the experience or expertise to manage an AI powered surveillance system in a manner that a I (and a lot of the citizens of Durham) are comfortable with and so far, have not had a chance to consider carefully.  Even if the system is deployed in a limited fashion to start, it’s a very slippery slope and this is where we need really strong guardrails in place that are binding on future city managers and councils.  This was discussed at the work session, but it should be discussed with the public and codified before the contract goes in effect.

Durham should establish an independent expert oversight board for use of AI in policing. We have two law schools, a public policy institute, and multiple technology companies with expertise in AI. We need people who understand the legal, ethical, and technological implications of moving in this direction to provide guidance to the council, manager, and police department - not just a sales brochures from the vendor. Policy needs to be set ahead of time, not after a $16M contract has been signed. Durham could set the national model for how to do this the right way.

Durham should adopt the New Hampshire framework for ALPR's. New Hampshire has one of the lowest crime rates in the country so these steps aren't "hamstringing" police in any way. Retaining records long term for unspecified future use without a warrant is unconstitutional:

3-Minute Purge: If a scanned license plate does not match a specific "hot list" (such as a stolen vehicle or missing person), the record must be destroyed within 3 minutes.

No Occupant Photos: Cameras are legally barred from photographing vehicle occupants. 

Private Use Ban: Ban private entities, including businesses and HOAs from installing or operating ALPR systems in Durham.

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