the aclu's position on this is supporting this next step. what's the -- if you had to pick out two big averagements, what would they be? your two main points? >> decriminalization has been very effective in sort of plugging this gushing wound, a bleed so to speak, where you have more than 5,000 peopley:f6 every year being saddled with criminal records for marijuana possession here in the district. really those marijuana possession arrests just scratch the surface of how the war on drugs is impacting the black community here. we at the aclu have not only studied arrests, but we're now looking at years of residential search warrants. we're looking at the ways in which this heavy -- when we think about drug enforcement here in the district, you're largely talking about marijuana enforcement, and the militarized tactics that are being employed to break down doors, throw flash grenades through people's windows, all in search of low-level marijuana distribution or alleged distribution, and this is largely, largely been burdened on the black commun

but first, an aclu report released this week examines the use of surveillance technology by local lawenforcement. the report finds numerous cities and counties throughout california testing or using surveillance in many cases without informing the public. in san jose this week, community concerns flared over the community's quiet purchase of a drone, leading to public input and oversight. joining me now, nicole ozer, awe authorize of the recent report. santa clara supervisor, joe simidian, and ben farrow, nicole, i want to start with you, what tyhow much public inp there? >> you know, we see cities up and down the state of california spending vast amounts of money on technology everything from license plate readers to facial recognition to drones as you mentioned in san jose. more than $65 million. and with little to no public debate, very little consideration of the costs and benefits. and very few policies in place to make sure that misuse does not happen. and we're seeing this happen over and over, largely because a lot of local law enforcement is taking advantage of federal funds

. >>> the "mercury news" reporting the aclu is pushing bay area cities to create laws to regulate the way the police agencies utilize drones. in a report released today, aclu notes several instances where police departments were not honest enough when it came to use of drones or high-tech equipment, such as cell phone intercepters. the report uses san jose day's drone purchase as an example of why input should be mandatory for department spies to use drones. >>> the state will not review procedures, the state asked for an independent review of election day procedures. the day before the election the i.t. manager quit, leading to speculation about the process. santa clara the slowest county in the state to release election night results. however, the palo alto weekly reports, state's fully confident the results do not require an independent review. >>> 4:37 right now on your wednesday. there will be a community meeting held this evening to discuss the future of the santa clara county fair grounds. among the questions looked at, how will grounds best serve the community and what needs t

the aclu of southern california has also been very critical of the treatment of mentally ill inmates.et when we do it, we provide bad mental health treatment, they tend to get worse, sick, or no better. that public policy approach that has been given an f, well, it may be changing for the better. the board voted to fund new programs for mentally ill inmates. those would include opening three new 24 hour urgent care centers. 560 new treatment beds. that would deal and work directly with law enforcement. the aclu says these are important first steps. >> i think we are seeing much more attention on it, they are realizing the cost of this, that it isn't good for anybody. and that there's -- i think i am hopeful there's a focus on these problems and there will also be a move toward solutions. these new programs at the county level will be funded in part by new grant money at a cost of $109 million that may seem like a lot, be uh the aclu says to do nothing, well, that would cost more. >> jennifer, we are talking about issues on the local level. but it isn't just there, where problems exist

the aclu says the actions show officers don't understand first amendment rights. the police officers association says officers will trained in that, but on the job, things are far more complicated. >> it involves state law and constitutional law and laws of use of force in police work. these are complicated topics, and just a quick video on youtube is not enough to indict an officer. >> reporter: police say the public should also consider these images, police pausing during a protest to have a civil conversation about how to get along. >> spitting. come on man, you know what i'm saying? >> i tell you right here, when i'm here, i expect every one of these officers to be professional. >> still, the aclu says it's more about than about tactics. it's about the law. it is now suing over the first amendment rights on behalf of the man who took this video, s mustafah hussein. >> the protesters were begging anybody with a camera, please don't leave, please stay. and that really rattled me inside. and that continued to motivate me to stay out here and continue to film. >>

the aclu says the actions show officer don't understand first amendment rights. the police officer's association says officers are trained in that but on the job things are far more complicated. >> it involves state law and constitutional law and laws of use of force in police work. these are complicated topics and just a quick video on youtube is not enough to indict an officer. >> reporter: police say the public should consider these image, police pausing during a protest to have a civil conversation about how to get along. >> he spit at me. come on, man. you know what i'm saying? >> i don't condone that. when i'm here, i expect everyone of these officers to be professional. >> reporter: still the aclu says it's more than just about tactics it's about the law. >> bring your gun down. >> reporter: and now suing over first amendment rights on behalf of the man who took this video. he now runs online news website. >> the protesters were begging anybody with a camera please don't leave. please stay. and that really rattled me inside and that continued to motivate m

the aclu is pushing for tighter regulations of unmanned drones.hout public oversight. the group wants local governments to pass laws requiring public input before police are allowed to use this type of swins technology-- surveillance technology. they are also concerned about license plate readers, police uniform cameras and facial recognition databases. here in the bay area, there will be a public hearing to discuss unmanned drones. san jose police will give a presentation tonight on the potential uses of drones. this comes after the department purchased a drone surveillance system, then apologized for not getting public input first. that meeting is tonight at san jose city hall at 6:30. dave? >> all right. thank you. >>> 8:35. thousands of kaiser nurses, they are continuing a two-day strike today. [chanting] >> nurse bts won't -- nurses won't give up! >> the nurses say they don't have the resources to properly care for patients. they are protesting the safeguards as well as staffing levels. kaiser says it has trained 2800 temporary nurses for the

the aclu v. clapper case already had oral argument. so those cases will be very interesting to watch, and many sort of people who read the tea leaves predict that that issue will end up at the supreme court within the next two years. but we'll see. i'm going to talk about a few more developments in national more developments in national security law and transparency over the last few years but well they fall into four different categories. the first is transparency in this area, new releases that we're learning about. the second has to do with the president's reaction to the leaks and his decision on how to change the programs going forward. the third is about congress' reaction, and where congress stands on these reform questions. and the fourth is about new -- the biggest new issue going forward which is 12-333. first on declassification and transparency regarding these types of surveillance. there's been a few really significant developments here. the first significant development to highlight is the fisa court which existed for man

but the aclu says students should not be forced to perform at a religious venue.ision neither side can get behind, the aclu has called it confusing and some parents and students who think the church is the best, plan to skip thursday here's performance at a school on principal. police in victoria canada are doing some serious backtracking. she says the officer told her the vehicle's license plate was partially obstructed and that he did not care about the procession. then he wrote her a $230 ticket. a police spokesperson calls the understand denl regrettable. >>> a texas woman whose pit bulls attacked and killed her neighbor's dog is suing the neighbors for a million bucks. she claims she was hurt trying to separate her four dogs from the 10-year-old beagle named bailey. the lawsuit states that the pit bulls got through a hole in the fence separating the two properties. she claims she went into her neighbor's yard to retrieve her pit bulls and bailey unexpectedly and viciously killed her. bailey was killed by the pit bulls in its own backyard. the plaintiff's lawy

the aclu says that's an important first step. >> i think we are seeing much more attention on it, that it isn't good for anybody. and that there's -- i think i am hope. there's a focus on these problems and there will also be a move towards solutions the new programs will be paid for in part by new grant money at a cost of around $109 million, that might sound like a great deal of money, but the aclu and others says the cost of doing nothing is far greater. >> jennifer, you have been on this story from the beginning, correct me if i'm wrong, it isn't just issues of treatment you mentioned los angeles county specifically, but also at the state level? that's right. we have been reporting extensively on the issue of how mentally ill inmates are treated and while looking into claims that guards within the system use excessive force, and mistreatment mentally ill inmates we uncovered some rather disturbing video. it is hard to watch, so you can fully understand what is going on. this reveals need guards are using excessive amounts of pepper spray to do what they call a forcible cell extract

as both the aclu and the n.r.a.pointed out, every day the senate fails to vote on these reforms is a day in which law-abiding citizens have reason to fear that the constitutional protections so dear to the founders and so crucial to the functioning of our free society no longer apply. echoing actually the words we just heard from the senator from utah. every day we fail to act is another day american businesses are harmed. one conservative think tank says the mistrust engenders by the n.s.a.'s programs could cost the u.s. technology company between $35 billion and $180 billion over the next three years. that's a staggering amount. so let's listen to the intelligence community. ask the director of national intelligence. h he'll tell you it's far better for our national security and for our fight against terrorism if we pass this. so i thank those senators for their support. i thank the majority leader for bringing this to the floor. i thanks senators dean heller and dick durbin and al franken and richard blumenthal f

. >> colleen went to the aclu for help. she told them what he henderson high school was doing was illegal. >> no student can have an opportunity to learn if they feel they're being assaulted. >> title 9 requires that schools investigate assaults, schools must protect not punish or retaliate against students. the federal government is now investigating 23 public school districts for mishandling cases like rachel's. >> one thing about rachel's case unfortunately is common is in terms of a school's total mishandling and misunderstanding of a sexual assault report. and that they took the trouble to punish her after the assault. >> pushing henderson high school in a different direction when it found the school had violated title 9, it drew up a 13 point plan, paying for counseling sessions. colby bruno says high schools have a lot of catching up to do and need to put trained people and procedures in place so teachers and students knows what to do. >> go to this person if you have a problem. this is what a problem looks like. thi

but the aclu has warned everyone off that kind of plan anyway.w we're sort of on the edge of our seats. we're at the edge of our biology lab stools wondering what's going to be the fate of the textbooks with the majority wanting those pages ripped out and the incoming majority not wanting those pages ripped owl. now, in the meantime, new thing. we on the show have maintained and been able to preserve on line for eternity or until i for get to pay the bill one month, we have obtained and posted online the pages from the other textbooks. the oh boring, normal, high school biology textbooks. the first pages we posted were from the first book we knew they wanted to tear apart. they're from the honors biology textbooks. that was the first one we knew the school board wanted to sensor. now we have obtained the pages from the ap biology textbooks which the school board also wants to sensor. it's a whom dicht book. you'll see the pages when you go to arizonabiology.comment they're lovely in their boring biologiness. if you want to brush up on how babies

your real concern -- and this is expressed very well, i think, i believe it's the aclu brief, is that there leads to government officials doing something. >> the aclu brief did make that point and we make that point as well. but it's not an issue that's doing something. they've done something when they obtain our metadata which is highly invasive which leads the government to have the ability -- when you take all of the factors of metadata together and my esteemed counsel here from the government admitted that it goes far beyond pin register or trap and trace. the -- >> i didn't hear that. >> well, it's an admission because -- [laughter] >> broke out. he broke out the various components which go far beyond the pin register. you know, it's ironic -- >> if you could stop there. explain to us how it goes way beyond the pin register. >> because you are able to get information with regard to who an individual has called but also calls into that person. >> trap and trace. >> yes. then you go three steps down the line and it multiplies, as judge leon pointed out -- they got 300 identifiers.

. >> reporter: chris connolly with aclu says technology is outpacing laws that he believes should beto regulate the use of drones. today on the san francisco city hall steps he asked elected officials for transparency. >> there is not the kind of democratic process that we expect from our elected officials and law enforcement agencies around the use of surveillance technology. >> reporter: tonight the technology will be the topic of debate at a public meeting set up by the san jose police department. >> in order for us to move forward, we have to have clear policies and procedures on how we're going to go ahead and utilize that device. >> reporter: albert morales says it would ol be used during emergency situations. in some cases he says a clear picture from above could be the difference between life and death. >> if you have a situation, say in a park where there's rough terrain and you're trying to save a life where you can't get in there by foot. >> reporter: while some people in san jose welcome the technology, others fear the tool will be abused. >> who knows what they're going

. >> a recent aclu study found blacks in washington d.c. are eight times more likely than whites to be arrested for marijuana arrests. fog, who says law enforcement should stay out of drug issues says it's a step in the right direction. >> let's make the best of it. you are not going to stop it. all you'll do is create a market, an underground market. so let's look to a way that we can best take advantage of it. >> the idea that marijuana legalization is a civil rights issue is one thing that made the debate in washington d.c. different. in oregon, colorado - proponents argue that marijuana is a safer alternative to alcohol, or will reduce the criminal black market. >> encouraged by tuesday's victories, supporters of legalization are targetting other states, including california, the nation's most popular state. in the nation's capital. 24-year-old will johns is not happy with the d.c. marijuana campaign. >> the poster said things like legalization ends discrimination. to me that's borderline insulting to say that. marijuana's legal, discri

. >>> coming up there is a build, president obama, ted cruz, the aclu, and ncra all support but may not pass the senate, that's just ahead. ♪ (holiday music is playing) hey! i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before. see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today. we know in the cyber world, threats are always evolving. at first, we were protecting networks. then, we were protecting the transfer of data. and today it's evolved to infrastructure... ♪ ...finance... and military missions. we're constantly innovating to advance the front line in the cyber battle, wherever it takes us. that's the value of performance. northrop grumman. that's the value of pugh...ance. try al. did someone say burn? try alka seltzer reliefchews. they work just as fast and taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. you owned your ca

. >> civil rights groups like the aclu acknowledge that border agents are acting within the letter ofhe law. by having immigrants answer the questions. they say that's not enough. one specific set of rights, migrants often aren't afforded, miranda rights. >> you have the right to remain silent. anything you say can and will be used against you. >> the iconic warning given to criminals in proceedings. >> illegal immigrants have miranda rights have rights when they are charged with a criminal offense, but do not when they are being changed with an immigration offense. the reason is because they don't have the right to counsel. >> why not mirandize them immediately when they are taken into custody? >> it has to do with the questioning aspect. if they say something incriminating or they have been involved in criminal activity, i will read them their rights at that point. the other time that someone will be mirandize side when we are maybe targeting that person and thinking that this person may be a scout or involved in a criminal activity that the field agent was not aware of. >> for some

the aclu versus clapper case had oral arguments. many people predict that will end up in the supreme court within the next few years. we will see. i will talk about a few more developments in national security law and transparency over the last few years. they fall into four different categories. the first as i mentioned a little bit is transparency in this area. new releases and new information that we're learning about. the second has to do with sort of the president's reaction to the leaks and his decision on how to change the programs going forward. the third is about congress's reaction and where congress stands on the reform questions. the fourth is about the biggest new issue going forward, which is 12333. so first on declassification and transparency regarding these types of surveillance. there's been a few really significant developments here. the first significant development to highlight is that the fisa court, which for many, many -- existed for many years, since the late 1970s and has heard for a long time only applicat

the aclu says one example is the san jose police department that quietly acquired a drone in january.quiring this first and talking to people late sore they stepped back and said we are going the too to do this the right way. we are going to try to explain why we would use the drone. what we expect to do with it. how we would protect our individual rights. >> a public meeting is starting in half an hour in san jose to discuss the drone issue. in san francisco, supervisor john avila wants to set up guidelines for transparency of surveillance. >>> new at 5:00, tonight, it sure looks like a lot of fun, but the inspiration behind this real world hover board is actually pretty serious. the bay area company has created a device that is something we have only seen in movies so far. right now, one person can ride ton hover board but in the future, the creator wants to use it to levitate entire buildings. skateboarding is going airborne and the los gatos start up has a hover board. >> the first line on wikipedia said this was a fictional device. not anymore. >> little girl, stop, i need to bor

in a report released today, the aclu noted several instances where it thinks that police departments were not honest enough when it came to using drones or other high-tech equipment like cell phone interceptors. the aclu is now pushing bay area cities to create laws to regulate the way police agencies use the drones. the report uses san jose's drone purchase as an example of why public input should be mandatory before departments buy and use drones. >>> well, we are about to see a change in the weather. a live look at san rafael and san jose. meteorologist christina loren tracking a system coming in from the bay area. you had predicted this. >> yeah, you know, it's a good thing it's showing up, right? that's what we like to happen. sunol showing you a mostly cloudy sky at this hour. san francisco getting a little bit a break, little sunshine. this is the most you will get throughout the remainder of the day, the clouds steadily increasing now as the storm system gets closer to the bay area, and what i love about this system, a couple things. first and foremost, it's maintaining its o

. >> reporter: nicole ozer is a technology expert with the aclu of northern california. >> they refuse tell us if they have stingrays citing nondisclosure agreements that they have signed with the manufacturer, which seems completely ridiculous. >> reporter: she says law enforcement is using the devices without a warrant making the practice hard to track and violating state privacy laws. >> the fact that hundreds or thousands or millions of people private information is being swept up in this dragnet surveillance is a really serious problem. >> christin ayers, kpix 5. >> the local law enforcement agencies turned down our request for interviews. >> we posted their statements on kpix 5. >>> and to see what other devices the government is using in your community, you can go to kpix.com, keyword aclu, for an interact map by city. >>> a manmade his way over a fence into the white house. among things being considered in the report are more staffing increased training and upgrades to the communications system. the report says the secret service officer with an attack dog had pulled out his ea

and i'm a lawyer and the aclu makes the same argument. simply by obtaining my metadata, seeing who i'm calling and having in fact going three steps down the line to what i do violates the most sacrosanct privilege in the law. my attorney-client privilege. so this case needs to be seen, not just in the context of what's happening to all americans which is perhaps the biggest violation of freedom and constitutional rights in american history, but it has to be seen in the context of the particular plaintiffs in this case who have had their attorney-client privilege desecrated, destroye violated. >> the desecration of which you speak occurs if and only if government officials reached the third step of this process, that is move from collection through querying to actually examination of the numbers and following out what the -- who the holders of the numbers are and so forth. so, again, seems to me you're telescoping the process in a way that obscures analysis. >> we're not telescoping it, your honor, because the government has no right to th

peter beebring is a lyer for the aclu. >> people behavior better, officers are less likely to initiate force and apparently initiate conduct that might draw complaints if they're wearing body cameras, but we do think that there are privacy concerns. >> reporter: for instance, what if an officer pulls over a celebrity like justin bieber in florida this year, suspected but not charged, with driving under the influence? >> is part of the concern here the idea that this footage could end up on tmz? >> yeah, absolutely. if you don't have strict policies in place to prevent videos from getting out, they will get out. that's why we believe there have to be policies in place to protect people's privacy. >> reporter: in lancaster, celebrities aren't really the issue, but following the deputy for the day could easily be a reality tv show. >> what's this right here? >> a syringe. >> i was going to handcuff you for my safety, okay? >> okay. >> you got a syringe on you, okay. >> reporter: out on the corner, an interested by stander is already filming the encounter with his cell phone. >> how are yo

in a statement responding to thursday's ruling, chase strangio of the aclu said -- "we will be filing for supreme court review right away and hope that through this deeply disappointing ruling we will be able to bring a uniform rule of equality to the entire country." house speaker john boehner has warned president obama against taking executive action on immigration, one day after obama said he would act by the end of the year. obama had previously delayed steps on immigration until after the midterm elections, which brought a wave of republican triumphs on tuesday. speaking at his first news conference since the midterms, boehner threatened to withhold cooperation if obama moves ahead. >> i believe the president continues to act on his own, he is going to poison the well. when you play with matches, you take the risk of burning yourself. and he is going to burn himself if he continues to go down this path. >> speaker boehner also vowed to prioritize votes to approve the keystone xl pipeline and repeal obama's signature healthcare law. house republicans have already voted more than 5

the naacp and the aclu issued a statement today. they're asking for a meeting to discuss the issue. the association commissioned the mural before its removal. stay with nbc10.com overnight for the latest developments in ferguson and here in philadelphia. >> a philadelphia lawyer faces charges he paid for a 14-year-old sex slave to come to his center city office several times. brian mee hrksz an surrendered today. he works at one penn center on j.f.k. boulevard. he allegedly had sex with the 14-year-old after she was brought there in 2012. prosecutors say the teenager testified to a grand jury that meehan tolds her he knew her age and that he'd also had sex with a 12-year-old. >> i believe there's a very special place in hell for men like brian meehan that rape 12 and 14-year-old girls. >> authorities say the 14-year-old was forced into prostitution by a couple that held her and four other girls captive in their german town home. authorities right-hand turn releasing if couples' names because they're involved in a sprat grand jury probe. >> heavy rain to heavy snow. this winter storm

this nsh could be immediate le in -- nosh the department bought the june in ant (the ak -- and in the aclu, they want them to get trackers and out of 90 communities, only five had use of surveillance technology. >> the pilot of the vessel that crashed said his co-pilot never unannounced he unlocked the brakes. moments after unlocking the brakes, the craft started to break apart. >> here's news that doesn't at first make a whole lot of sense. and then you say i can see that. iphones cause broken bones. you'll have to patch up the details here. >> your small child is playing on the playground, he's climbed up to the top of the structure. what are you doing? you're updating facebook showing what a great parent you are while your child false off. there are an increase in public playgrounds and not on school playgrounds, the assumption being that school employees are not on their cell phones. >> swift's people say she was barely paid a half million last year by spotify. the different between a half million a month and a half a million dollars a year is enormous. so somebody's very right and som

this comes on the heels of a lawsuit filed on above of the aclu. >>> maryland's largest school district has removed mention of any religious holidays for its calendar. it's happened after a request byes muslim community to recognize a holiday that falls the same day next year as yom kippur. to muslim, jewish and christian holidays on the calendar are out and what one board member calls a no-win situation. >>> some citizens in massachusetts are fuming about a plan to ban tobacco products in their town. take a listen. >> america -- america -- >> that was last night at a public hearing on the proposed ban in westminster, massachusetts. the meeting was quickly shut down last night as people were screaming at the panel up there at the table. town officials are considering a first in the nation total ban of all sales of tobacco products. both sides appear ready for a fight. >> while i do support the goal and the efforts of the board of health to discourage the use of tobacco products i can is not support a unilateral approach. >> the same culture was around 15 years when we started looking at

aclu is calling the operation inn excusable and a dragnet program. >> what you think is going into thearger phone system is actually going through this proxy which is intercepts everything. everything you're saying instead of going to the tower it's supposed to goes to this closer tower and is recorded in some instance. >> again reported by the wall street journal justice department officials are not denying the program's existence but emphasizing law enforcement activities comply with federal law. >> new jersey's newest millionaire thanking an angel for helping him within the top prize in the lottery's newest game. wayne o'keefe and his family arrived to claim their prize in lawrence da-da. o'keefe believes his wife' mother who just died two weeks ago is their lottery angel. on the day of her memorial service, wayne check his ticket and found out we won. o'keefe is the first in the nation to win the monopoly millionaire club. his prize $21 million. >> me and my wife were staying at the same house. my son lives with us and we're not going to -- give donation money to certain charities

it was an aclu issue, it was called free speech. so, we've declared that the little park over there where i was arrested is going to be a free speech area called the mime troop area. (applause) >> free speech, you can come and do anything you want. >> awesome. >> no fees. >> thank you, ron. the interesting thing about a free speech area for mime, it's pretty quiet. [laughter] >> all right. hey, a big shout out, one last shout out to the rec and park staff that really pulled this together. (applause) >> i want to start with the people that organized the event, jamie hopper, alex randolph, [speaker not understood], they worked hours and hours to make this event today very, very special. but one big final shout out and thank you to our project manager, mary hobson who worked tirelessly to pull this off. [cheering and applauding] >> and, mary, you get your very own lafayette park sign. congratulations. (applause) >> all right. now it is time to cut the ribbon. if you are a kid, come on up. and if you are -- had a hand in this park, come

at is to say the arizona law has problems because the aclu is now suing it. there's no public interest exception in the arizona law. that was a mistake and that's one they're probably go going to fix. it's not at all clear that there would be problems that the aclu and others are trying to make it out to be. really anything that we're talking about as a modeling shoot, photography exhibit, none of that will be a problem. the question of whether or not you have to get actual consent from every single person every time is also not true in the arizona law because the law says when you knew or you should have known that the image in question was disclosed without consent. it's a pretty good standard to consider, sferblely if we start thinking about revenge porn site. if you're on one of those sites and it says she has no idea that you're looking at her picture and you decide to share it, you have a good sense that this is a nonconsense yule image. that's the type of behavior we're discussing. as to the question of who should be responsible, many of you know becau

. >> reporter: chris conley with the aclu said he believes the laws should be passed to regulate the use of drones. today on the san francisco city hall steps, he asked elected officials for transparency. >> there is not the kind of democratic process that we expect from our elected officials around the use of surveillance technology. >> reporter: the san jose police department said the drone will only be used during emergency situations. it may be able to get a closer look at a bomb threat or suspect involved in a standoff. >> gives them a better insight in how they can deal with the situation. >> reporter: some people welcome the technology in san jose. others fear the tool will be abused. >> who knows what they're going to use them for. what's stopping them from learning more than they should know, or find useful. >> reporter: police in l.a. county have use of drones. >> we apologize for that. that was michelle roberts reporting from the south bay. >>> it comes to your in-box, don't open it. an e-mail scam, and investigators say it claims to be about neighborhood safety. it tells

one day i got a solicitation from the aclu, with my new home address, and so i called them up and said, can you uncover this mystery? how exactly do you have my current home address? it's just recently changed. and they dug it up and found ute that a magazine that i had been subscribing to sold it to them. and then i called up one day are adam and eve, which makes adult products. they say we sell information. so it's like from the magazine that are not very sensitive to sensitive -- just this vast amount of data that is sold because the aclu is -- my magazine was making ten and a half cents by selling my name. if you multibuy that by tens of thousands of customers it's revenue that is tracted to them hospital. how it goss across the sphere of the economy, that's something i found especially interesting. >> i've always found that if you want to get people to do something that you want them to do, you try to make it easy for them to do it. so you were describing scrolling through a policy that is 6,000 words, or then you have different web sites where people want to join because others b

. >> reporter: nicole ozer is with aclu. >> it seems completely ridiculous. >> reporter: she says law enforcement is using the devices without the warrant making the practice hard to track and violating state privacy laws. >> the fact that hundreds or thousands of millions of people's private information is being swept up in this dragnet surveillance is a really serious problem. >> reporter: local law enforceability agencies turned down our request for interviews a. we posted their statements on kpix.com. >> whey are they so wired? why are regular cell phones so vulnerable to this? >> reporter: there are particular phones vulnerable. they only work on phones capableover accessing old 2g networks. police are now scrambling to upgrade their sting rays to something kaled hailstorm. the district attorney's office along with oakland and fremont police applied this year for a joint half a million dollar federal grant to do that. looks like they are trying to keep up with the technology. >> another part of this that bugs me, no pun intended, this is public money going to buying these devices

your real concern -- and this is expressed very well, i think, i believe it's the aclu brief, is that there leads to government officials doing something. >> the aclu brief did make that point and we make that point as well. but it's not an issue that's doing something. they've done something when they obtain or metadata which is highly invasive which leads the government to have the ability -- when you take all of the factors of metadata together and my esteemed counsel here from the government admitted that it goes far beyond pin register or trap and trace. the -- >> i didn't hear that. >> well, it's an admission because -- [laughter] >> broke out. he broke out the various components which go far beyond the pin register. you know, it's ironic -- >> if you could stop there. explain to us how it goes way beyond the pin register. >> because you're not able to get information with regard to who an individual has called but also calls into that person. >> trap and trace. >> yes. then you go three steps down the line and it mult plies, as they eon pointed out -- got 300 identity fires. ju

. >> california aclu wants public discussion. >> community members know there is time to make sure localmunities are ones that decide when and why surveillance systems are going to be used. >> mountain lake now has 47 gallons of poison in it. this to rid the lake of predatory, non-native fish. >> it takes a lot of muscle. close to 150 spotted carp were poisoned with a pesticide that sufficiento indicates them. presidio trust supervised the project. 47 gallons poured into the lake. >> so only kills gill breathers. >> for three years, the press individual yes trust tried unsuccessfully to remove them by catching the fish. and says they were doing a lot of harm to the lake >> they suction the bottom trying to get organic material out of it. anything, they'll eat anything. it just causes turmoil in the water. >> researchers say that defleets the lake of much-needed oxygen. >> we're going to put in a native fresh-water mussel, here, from california. california floater, then we're going to add a pond turtle. >> for years, people dumped their pet gold fish and others into the lake. now they'll

. >> joining me now, v former attorney for the aclu. and a fox news contributor. jason, let me start with you to get reaction from that. this is our race war and police officers just have a fear of black men that makes them want to pull out their guns and shoot them. >> yeah, they're selling a false narrative here. we have too many dead black bodies in this country. but cops are not the reason. the black homicide rate is much too high. it is the leading cause of death for young black men. but blacks also commit seven to ten times more violent crime in this country than whites do. and 90% of their victims are other black people. we have so many dead black bodies in this country, megyn, not because cops are shooting them, but because other black people are shooting them. and the left is selling a false narrative pretending that the opposite is true. >> what of these claims juxtaposed what we heard last night from the prosecutor, what we see that was presented to the grand jury, african-american witnesses going in there and saying i'm telling you it is exactly as the

fix, but as for the rest of it, it is not at all clear that there would be as many problems as the aclund many others are trying to make it out to be. exceptions include exceptions for images that were disclosed in public or commercial settings, so really, anything we are talking about is a model issue, photography exhibit -- none of that will be a problem. war over, the question of whether or not you have to get consent from every single person every time is also not true because the law says it is when you knew or should have known that the image in question was posted without consent, which is a pretty good standard to consider when we start inking about revenge pouring sites -- revenge porn sites. you have a pretty good sense that this is a nonconsensual image, and that's exactly the type of behavior we are discussing. as to the question of who should be responsible, as many of you probably know because of section 230, which allows for a lot of immunity for online intermediaries, as far as state criminal law goes, 230 will always trump, so none of these state criminal laws actually

have the right because the police told us, you know, i don't know how legal that is, you know, the aclu is going to come out or who. >> and with the permit now, and the good neighborhood policy, you are responsible 100 feet from your door, you know? and so we have to clear. >> all the way down to (inaudible). >> you know, whatever, and you know, and a certain amount of responsibility, and i have no problem doing it. >> it is when you run into the people and say, hey, i am a lawyer, for so and so, and we are in the city. >> we all run events on the other side and we go through the same thing but you talk to them nicely, they will move. >> okay. >> there are people living up there and they are trying to sleep. >> yes. >> and you will just have to talk to them. >> a lot of times, we will turn the sprinklers on and a lot in the large, and just gets to that point. >> and one other question and so you have it and the music run by a dj or all par... >> bartenders. >> that is loud. >> too cheap to play for a dj. >> commissioner hyde and bring up the police after that. >> so i just wanted to, go