HomeMy WebLinkAboutStaff Report 143-08City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
FEBRUARY 19, 2008 CMR:143:08
STATUS REPORT ON U.S.A. PATRIOT ACT RESOLUTION
This is an informational report and no Council action is required.
BACKGROUND
Forty-five days after the deadly September 11, 2001 attack on the World Trade Center by A1
Qaeda suicide hijackers, the United States Congess passed the "Uniting and Stren~hening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001," (USA Patriot Act) and, on October 26, 2001, President George W. Bush signed the Act
into law.
The Act expanded the authority of Federal, State and local law enforcement agencies to fight
terrorism and, at the same time, broadened the definition of terrorism to include "domestic
terrorism," hence increasing the type and kind of activities for which the USA Patriot Act’s
expanded authority could apply.
The USA Patriot Act’s expanded authority to government agencies raised concerns by some in the
Palo Alto conmaunity over the potential conflict with the provisions of the Act and the United
States Constitution Bill of Rights. Subsequent public hearings and discussions by the Palo Alto
Human Relations Commission (HRC) ultimately led to the Human Relations Commission
proposing to the City Council the adoption of a resolution to protect civil liberties in Palo Alto.
On June 2, 2003, the City Council approved the HRC’s recommendation (Attachment A) and on
June 9, 2003, passed the "Resolution of the Council of the City of Palo Alto Directing Enhanced
Efforts to Assure the Protection of Civil Liberties that are Threatened by the U.S.A. Patriot Act"
(Attachment B).
The resolution included direction to the City Manager to periodically provide status reports to the
City Council on specifically listed activities related to the Patriot Act. On July 11, 2005, the first
informational City Manager’s Report (CMR) was provided to the City Council (Attachment C).
This is the second status report to the City Council since the resolution was passed.
CMR:143:08 Page 1 of 3
PAL0 ~.
City of Palo Alto
City Manager’s Report
DISCUSSION
The first status report covered a two-year period during wlxich time no activity, as outlined in the
resolution, xvas discovered. Similarly, since 2005, no activity, as specified in the resolution was
found to have occurred.
The Palo Alto Police Department has not been contacted by Federal authorities to either be
informed of, or request participation in, any activities under the Act. The Assistant Special Agent
in Charge of the Federal Bureau of Investigation (FBI) for the Palo Alto area recently confirmed
that no requests have been made by federal authorities of City staff that would be in violation of
any City ordinances or the Constitution.
By law, the information related to the execution of search warrants by federal authorities is
classified and has been by statute since the 1970s. Additionally, warrants obtained tt~rough the
Foreig-n Intelligence Surveillance Act (FISA) court are classified. Therefore, that information ~vas
not provided to the Police Department. As with search warrants, the extent of any electronic
surveillance carried out by federal authorities is classified.
No instances of information having been obtained from any public school, college, city library or
bookstore is known to have occurred.
The FBI reported it does not maintain records of an’estees or detainees by their city of residence;
moreover, there was no personal kd~owledge or recollection of any arrests or detentions of Palo
Alto residents as it relates to the USA Patriot Act efforts.
The FBI reported that they have not monitored any political, reli~ous or other First Amendment
gatherings in Palo Alto under the Patriot Act.
ATTACHMENTS
Attaclnnent A:
Attachment B:
Attachment C:
CMR:301:03
Resolution Number 8301
CMR:313:05
CMR:143:08 Page 2 of 3
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
t’~lce ~ dptain
PoEc~ Chief
Assistant City Manager
CMR:143:08 Page 3 of 3
ATTACHMENT A
City of Palo Alto
C ty Manager’s ReportTO~HONO~LE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:JUNE 2, 2003 CMR: 301:03
SUBJECT:HUMAN RELATIONS COMMISSION RECOMMENDATION TO
THE CITY COUNCIL TO .ADOPT A RESOLUTION IN RESPONSE
TO THE U.S.A. PATRIOT ACT, TO PROTECT CIVIL LIBERTIES
IN PALO ALTO
tLECOMMENDATION
Staff and the City Of Palo Alto’s Human Relations Commission’s (HRC)request that the
City Council approve the adoption of a resolution to protect civil liberties in Palo Alto
and direct the City Attorney to draft the final version of the resolution. The HRC
recommends that the Mayor of the City of Palo Alto inform the federal government about
the action the City Council is taking and its concerns with the U.S.A. Patriot Act.
BACKGROUND
The U.S.A. Patriot Act was passed in October of 2001 by Congess after the bombing of
the Twin Towers buildings in New" York City. The U.S.A. Patriot Act is an acrgnym for
Uniting and Strenghening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism. The Act’s provisions include the following:
1. Expands the authority of the Foreig-n Intelligence Surveillance Court. This court is
composed of eleven federal district court judges appointed by the Chief Justice of
the Supreme Court and meets in secret to review government’s requests for
electronic surveillance and physical searches.
2. Allows the government to monitor the e-mail addresses that a person sends to or
receives from and also the websites a person visits, by showing that it is relevant
to a criminal investigation, making it much easier to meet the requirements of
"probable cause" or "reasonable suspicion".
3. Allows the government to delay notification of a search t’or a "reasonable period".
This new authority’ allows the government to conduct searches of a person’s home
in secret.
Allows the government broad access to records about a person. For example, the
government can obtain from libraries or bookstores a list of the books that a
person has borrowed or purchased. A library, bookstore or other institution
ordered to produce the information cannot disclose to the person that the reques~
has been made.
CMR:3 01:03
5. Relaxes the standards to acquire an individual’s educational recordsl
6. Increases the government’s authority over immigrants by allowing detention for
seven days or six months based on reasonable suspicion weakening the protections
of individuals .under the Constitution.
7. Amends the grounds for inadmissibility- of non-citizens into the United States by
expanding the definition of terrorist. The Secretary of State may desig-nate.
~oups, foreign or domestic, as terrorist organizations.
BOARD/COMMISSION REVIEW A_N~I) RECOMMENI)ATION
The.HRC discussed the issue of having the City ofPalo A_lto adopt a resolution to protect
civil liberties in Palo Alto during its regular monthly meeting. The Commissioners heard
testimony from a number of Palo Alto residents and organization requesting that the City
should go on record in support of civil liberties and in opposition to the many aspects of
the U.S.A. Patriot Act. The HRC was given a copy of the Civil Liberty Association’s
Resolution to Repea! the U.S.A. Patriot Act. After lengthy discussion, the HRC passed a
motion to adopt the resolmion in Concept, with final language to be determined by a I-IRC
committee and a draft resolution to be ftnalized at the next commission meeting.
At the April 102 HRC meeting, the Commissioners heard further testimony from Palo
Alto residents and reviewed and discussed a draft resolution written and presented by a
sub-committee of the HRC. After extensive discussion the HRC passed a motion
recommending that the Ciu Council adopt a resolution to protect civil liberties in Palo
Alto.
Because the incoming Chief of Police had raised concerns about the draft resolution
adopted by the HRC on April !0, the HRC convened a special meeting on May 22, 2003
to review the draft resolution jointly in a.n effort to seek ageement on a single draft
resolution. After ex-~ensive discussion, the HRC and City.. staff agreed on a draft
resolution to forward to the City Council for its review and approval.
RESOURCE IMPACT
The City Manager will request the information specified in the resolution by letter from
the Federal Government. This should not be a significant impact on staff time.
ATTACHMENTS
,attachment A:Draft Resolution to Protect Civil Liberties
CMR:30i :03 Pa_~e 2 of 3
PREPARED BY:
lJJirector of Hhman Services"
DEPARTMENT HEAD:
-PAUL TKILTI
Director of CommuniD Services
CITY MANAGER .APPROVAL:
EMIL~-~~O-N
Assistant CiD, Manager
Attachment A
])]~FT
RESOLUTION TO PROTECT CIVIL LIBERTIES
WHEREAS the City. of Palo Alto is proud of its long and distinguished tradition of the civil ri~ts and
liberties of its residents; and
WHEREAS the City. of Palo Alto has a diverse population, including immiKams and students, whose
contributions to the community are vital to its economy, culture and civil character; and
WHEREAS the preservation of civil fights and liberties is essential to the well-being of a democratic
socie~; and
WHEREAS federal, state and loca! governments should protect the public f~om terrorist auacks, and should
do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety.
without impairing constitutional rights or infringing on civil liberties; and
WHEREAS government security, measures that undermine fundamental rights do damag~ to the American
institutions and values that the residents of the City of Palo Alto hold dear; and
~q--IEREAS federal politics adopted since September 11, 2001, including provisions in the USA PATRIOT
Act (Public Law 107-56) and related eXecutive orders, regulations and actions, threaten fundamental rights
and liberties of al! those who reside in, do business with, or visit the City., 0fPalo Alto, by’:
(a) authorizing the indefinite incarceration of non-citizens based on mere suspicion, and the indefinite
incarceration of citizens designated by the President as "enemy combatants" without access to counsel or
meaningful recourse to the federal court;
(b) limiting the traditional authority of federal court to curb law enforcement abuse of electronic
surveillance in anti-terrorism investigations and ordinary criminal investigations; "
(c) expanding the authority, of federal agents to conduct so-called "sneak and peek" or "black bag"
searches, in which the subject of the search warrant is unaware that his property.., has been searched;
(d) gTanting law enforcement and intelligence agencies broad access to personal medical, financial, library
and education records with little if any judicial oversight;
(e) chilling constitutionally protected speech through overbroad definitions of"terrorism"’;
(f) driving a wedge bem, een immigTant communities and the police that protect them by encouraging
involvement of state and local police in enforcement of federal immigration taw;
(g) permitting the FBI to conduct surveillance of religious services, internet chatrooms, political
demonstrations, and other public meetings of any kind without having an?, evidence that a crime has been
or may be committed;
V~q-IEREAS many other communities throu~out the country, have enacted resolutions reaffm-ning support
for civil rights and civil liberties in the face of government policies that threaten these values, and
demanding accountability.’ from law enforcement agencies regarding their use of these new powers; and
\x,q-tEtLEAS thirty., years ago California voters overwhelmingly adopted a Constitutional right to privacy to
protect against a ~’proliferation of government snooping and data collecting [that] is threatening to destroy
our traditional freedoms";
THERI[FORE BE IT RESOLVED THAT THE COUNCIL OF THE CII-Y OF PALO ALTO:
1. AFFIRMS its strong support for fundamental constitutional rights and its opposition to federal measures
that infringe on civil liberties.
2. AFFIRMS its s~r.ong support for the rights of immi~ants and opposes measures that single out
individuals for legal scrutiny or enforcement activity based solely on their country of origin.
3. AFFIRMS its belief that organizations and individuals should not be monitored based so~ely on their
religious or political views and no information about political, religious or social views, associations, or
activities should be collected unless the information related to an imminent threat to public safe~ or
reasonable suspicion of crimina! activity.
4. Without implyingthat the Police Department has committed these acts before, DIRECTS the CiD,
Mana~or_.. to ensure that the Police Department of the CiD’ of Palo Alto refr,,insfrom:
a. engaging in the surveillance of individuals or ~oups of individuals based on their participation in
activities protected by tti~ First Amendment, such.as poIitical advocacy or the practice of a religion,
without particularized suspicion of criminal activiD, unrelated to the activi~ protected by the First
Amendment;
b. collecting or maintaining information about the political, religious or social views, associations or
activities of any individual, ~oup, association, organization, corporation, business or parmership unless
such information directly relates to an investigation of criminal activities, and there are reasonable grounds
to suspect the subject to the information is or may be involved in criminal conduct;
c. the use of the images from a video surveillance network except insofar as it is done in accordance with
the restrictions contained in this resolution;
d. the use of video surveillance as a form of intimidation, and only when the police have a reasonable
suspicion that the subjects of the video surveillance have or are about to commit a crime;
e. deploying an?, form of biotechnology, such as facial recognition technolog-y, prior to it being accepted as
admissible evidence in the State of California;
f. conducting searches, pursuant to warrants: without leaving a cop?, of the warrant for the individual
whose premises have been the subject of search.
g. utilizing race, religion, ethniciry or national origin as a factor in selecting Which individuals to subject to
investigatoR, activities, except when seeking to apprehend a specific suspect whose race, religion, ethnici~
or national origin is par~ of the description of the suspect;
h. stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without
particularized suspicion of criminal activity;
i. relying solely on information provided by Federal authorities, such as the Terrorism Information and
Prevention System (~PS), that encourages members of the general public to illegally gather information
about their neighbors, colleagues or customers;
5. DIRECTS the City Manager to seek adequate written assurances from federal authorities that residents
of the City of Palo Alto and individuals in the custody of the Ci~ of Palo Alto who are placed in federal
custody will not be subjected to mitita~ detention; secret detention; secre~ immigration proceedings; or
detention without access to counsel, and re~ain from assisting federal authorities in obtaining custody of
such individuals absent such assurances;
6. DIRECTS the City Manager to repor~ to the City Council to the extent possible any extraordinary..
requests by federal authorities that, if~anted, would cause deparcrnents of the City of Palo Ako to exercise
powers or cooperates in the exercise of powers that dO not meet the common standards of[he city and are
in apparent violation of any city ordinance or laws or Constitution of this State or the United States;
7. DIRECT the City Manager to seek periodically from federal authorities the following information in a
form the facilitates an assessment of the effect of federal anti-terrorism efforts on the residents of the City
of Palo Alto:
a. The number of search warrants that have been executed in the Ci%~ of Palo Alto without notice to the
subject of the warrant pursuant to section 213 of the USA PATRIOT Act;
b. The number of times education records have been obtained from public schools and institutions of higher
learning in the City of Palo Alto under section 507 of the USA PATRIOT Act;
c. The n~aanber of times library records have been obtained from libraries in the CiD~ of Palo Alto under
section 215 of the USA PATRIOT Act;
d. The number of times that records of the books purchased by store patrons have been obtained from
bookstores in the City of Palo Alto under section 2!5 of the USA PATRIOT Act;
e. The extent of electronic surveillance carried out in the City of Palo Alto under powers granted in the
USA PATRIOT Act;
f. The names ofalt r~.ld~nts of the City of Palo Alto who have been arrested or othera, ise detained by
federal authorities as a result of terrorism investigations since September 1 !, 2001; the location of each
detained; the circumstances that led to each detention; the charges, if any, lodged against each detainee; the
name of counsel, if any, representing each detainee;
- The extent to which federal authorities are monitoring political meetings, religious .~atherin_~ or other
activities protected by the First Arnendment within the City of Palo Alto;
8. DIRECTS the City Manager to transmit to the City Council no less than once every six months a
summa~ of the information obtained pursuant to the preceding para~aph and, based on such information
and any other relevant information, and assessment of the effect of federal anti-terrorism efforts on the
residents of the City of Palo Alto;
9. DIRECTS the City Manager to transmit a copy of this resolution to Senator Barbara Boxer, Senator
Dianne Feinstein and Congresswoman Anna Eshoo, accompanied by a letter urging then to monitor federal
anti-terrorism tactics and work to repeal provisions of the USA PATRIOT Ac~ and other laws and
regulations that infringe on civil rights and liberties;
10. DIRECT the City Manager to transmit a copy of this resolution to Governor Gray Davis, and
appropriate members of the State Legislature, accompanied by a letter urging them to ensure that state anti-
terrorism laws and policies be implemented in a manner that does not infringe on civil liberties as described
in this resolution.
l 1. DIRECT the City Manager to ~ansmit a cop?’ of this resolution to President Bush and A~omey General
Ashcrof~.
ATTACHMENT 19
P._~SOLUT!ON NO. 93 0!
....P~SOLUTTON O? ....zn= COUnNCiL OF =~::~ CiTY O~_ PALO
v66EP~EAS the City of Pa!o Alto is ~roud of i’-s ~o~@ and
law =~o~c=~=~ =~ad~<-;on of ~k_- civil
of el! persons; and
}~£E~AS, the of Pa!o Alto has a population,
and students, ~<~ose contributions to the
com~umitv__~e v~t~_ __ to ~-~-,o~.!.,~’~ culture and civil character;
t~e__ prese~-ation ~,~_ ~:__.--~v__; _~_ghts and liberties
is e~--~÷~a~__~ .....to the ~--77-b--~-~g~_~ ~-~. ~.~: -- democratic society;
~,6£ERSAS,federal, st=t= and local should
the from terrorist =tracks, ~d should do so in a
re%iota! ~nd deliberative fashion to ensure that any new
security measure e~/nances p~!ic without
constitutional or {~ingin{ on civil liberties; and
~.~Z£EPSAS,measures that -&ndermine
f~.,de~menta!do %o %he .~merican institutions and
values that ti~e residents
City to umhoid and m~o+=~. ahd
(a) Authorizin.: the
incarceration of citizens desi~=aZed the
:he
Limitin~ the ....-: :=~=’---" courts :o curb
abuse ___
(f):he relationship between
comm;anities and local law enforcement by encouraging
of state and local police in the selective
feder{! iK~migrati~~aw; and
of
servi Cos,chatrooms,mo!i ti ca!
having any evidence that a crime has been or may be comm.itted.
freedoms"
NOW,the Co~nci! of :he of Palo Alto
.........--’- ;-’’__ ’ for
......... t~a::--4 ~ liberties
..~,__ Co~nc{ ~ affi~s -’.. ~: str.on~ support for
for i=m=~or enforcement =~’~-’~--~ based
~o~:~,},origin.
or~a_-=iza~ions and no= be-mor=itored based
abou: sol~ ~=~, religious or social views, [ssociaZions, or
criminal motivity.
SECT’iON-_’.’. ~.’~=_.._ Co:Lnci~_ ac]--~now!edges t".-,-- ÷~=~=~,,-___~,~_~.= work
the ~ o Alto Po~ i ~= has dome to assure ~<~e
tradition directs the City :o tmke reasonable :o
pre,,~=t the Police Department of :he of Pa!o Alto from
( a )-’. ~ the surva i" "o f
groups of based on their marticimation activities
mrotected by ~:- ’
:he of a re!~c~on, withou: particularized of
c~{~{r,:~activizy unrela~=a to zhe mrotected by the
(b)Collect or about the
~oliti -" .........or SOC".aI_ - v;_ews, _~$~oc-.,:-~op~s_ or
of any___mroum,_ _association,
b~s4 ~=ss or ~! e s s such
’’ ’~-~.~ of criminal activiti==,directly relates :o an ~nves~=~
~:~=~.m=~:on is or may be involved in criminal comcuct;
(c) Use from a video surv=~amce network
with a~ ~-~
exiseH~m.__., under the ~==d=~=~_ _~-~ __.=~d state constitutions;
and
(d) Use video =’"~=~ance form = ~ .... "
when the ~o!ice have a reasonable susmicion ~-" ~=
(e) D--m~ov___ . any_ form of biotecl%no!o~,-__, such" " as
in the State of
a copy of zhe warrant for
have been the subject of search;
to warraF±t s,
SECm7ON 5 ’m]~.e Co’~nci~ di ~e~÷ = t,~.=
~=~= C~tv Counci7 to ~= extent
~’=~,=:ts by -federal authorities tha~,
-’~ ~Alto ise
powers or coopermtes {n t~e -x-~ -~’..... =.~=~s: of powers %hat ~o noz meet
of any ~=~-~{--~--~_~=~.~= or laws or Constitution of this =~=~= ..... or
the United States.
..... ~.:~.~:~ c~rec~s the City to seek
periodically from federal au:horiti== the fo!iowinm information
in a fo~ that fmci~_itates ~n assessment of ~:-~:= effect of
fedora! a~-~ ..... ~ =~ efforts ~ ~:- residents "........ ~ .........~:=o: the of
Pa!o A!to :
( a )m<._- n~’..~er o f ~ - = ~.-~" .~ <- ~ ~ ~been
executed ~ ~,e City of Pa!o ~’ ",.o ....tO the oct
of the warrens pmrsu~nt to sectionz:a’~ ~ of the USA PATRIOT Act;
,~,’~’~= ~,~m~=~ of ~4m=< eeucatzon ....~- .%=re been
4<+~=of Palo Alto -~nder s=~- 507 of ~7~-.... : ......u~:’--~= USA PATRIO~
’ "’-=-~ sectionfrom 7{m~a~{=~ ~ the of Palo Alto
21~ of t:~e "~ PATREOT
(d], ~"-~==- r_.’~m~er of times tL=t records of the books
Act;
The extent .of electronic sur-¢ei!iance car~’=~ out
of Pa!o Alto under_oowers ~.=.~ed ...... -~ -<~=~ USA
(f)9he r~-~mes o4 ~q ~ residents of the City of Palo
Alto who have been arrested or otlner~7-’_,se det~ir~ed federal
200!" :he location of each
__ __~ _ ......¯~:_ n~me ~f~ co:n=~i, _, any,.
Pa!o Alto.
SECTION 7. The :he Hanager to
to ~:~,= City Counci~ no less tha~ once eve~-q s~.~ mo~
and b~sed on such and amy other
tarrorasm efforts on t~e residents of e>,e City of Paio
SECTION 8.A copy of this resolution shall be sent to
Senator Barbara Senator Diam~:e Feinstein and
’~ -:~:~- ~nd liberties;
SECTION 9.
Governor Davis,and
Legis!azure,bY a letter
state a~ti-~^~ -~"°"----
m~=ner that does not on civil
:his resolution.
~. ~= State
them to ensure that
iN a
"~"-’~ ON !0.__~hi !utionmm~-,=A co~v of s reso shall be to
this resolution shall not be to establish local
:~÷ ~-=~,== ~y right of action ~der any state or federal !aw.
SECT’iO~N "~2. ’m]~e Counc-;l ~inds th:.t this is not a project
under the Enviror~_ment~_i C~u~= -_~ _~ rv_ =.~ ..... ~ =:~=, therefore,
!~_ORTON, " ~ ..........
,,
rector of
Ser-~-i ces
ATTACHMENT C
Manager’s Report
TO:HONORABLE CITY COU~TC!L
FROM:CITY 5L~NAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
This is an
JULY 11, 2005 CMR:313:05
STATUS REPORTS ON U.S.A. PATRIOT ACT RESOLUTION
informational report and no Council action is required. --
BACKGROUN~
On June 2, 2003, the City Council. approved the Human Relations Commission’s (HRC) resolution
(Attachment A) to protect civil liberties in Palo Alto. The resolution included direction to the City
Manager to provide a status report to the Council twice a year. Staff has not presented reports
previously due to the lack of any information to report.
The resolution drafted by the HRC and adopted by the City Council provided the following
direction:
1)
2)
To seek adequate written assurances from federal authorities that residents of the City of
Palo Alto and individuals in the custody of the City of Palo Alto who are placed in federal
custody will not be subjected to military detention; secret detention; secret immigation
proceedings; or detention without access to counsel, refrain from assisting federal authorities
in obtaining custody of such individuals absent such assurances;
To report to the City Council to the extent possible any extraordinary requests by federal
authorities that, if ganted, would cause departments of the City of Palo Alto to exercise
powers or cooperate in the exercise of powers that do not meet the common standards of the
city and are in apparent violation of any city ordinance or laws or the Constitution of the
State or the United States;
3) To periodically seek from federal authorities the following information:
a) number of search warrants that have been executed in the City of Palo Alto without
notice to the subject of the warrant pursuant to Section 213 of the USA Patriot Act;
b) number of times education records have been obtained from public schools and
institutions of high learning in the City of Palo Alto under Section 507 of the Patriot
Act;
CMR:313:05 Page 1 of 3
c) number of times library records have been obtained from libraries in the City of Palo
Alto under Section 215 of the Patriot Act;
d) number of times that records of the books purchased by store patrons have been
obtained from bookstores in the City of Palo Alto under Section 215 of the Patriot
Act;
e) extent of electronic surveillance carried out in the City of Palo Alto under powers
ganted in the Patriot Act;
f) names of all residents of Palo Alto who have been arrested or detaine, A by federal
authorifies~as a resuk of terrorism investigations since September 11, 2001; and
g) extent to which federal authorities are monitoring political meetings, reli~ous
gathering or activities protected b_y the First Amendment.
DISCUSSION
Federal authorities have not contacted staff since the adoption of the resolution for any specific
assistance associated with any terrorist’s activities or suspects in Palo Alto. Representatives of the
Federal Bureau of Investigation (FBI) recently provided information regarding the provisions of the
resolution.
The information regarding the number of search warrants executed in Palo Alto (3a), and the extent
of any electronic surveillance carried out in Palo Alto (3e) is classified and has been since the late
1970s, many years before to passage of the Patriot Act.
There has not been any information obtained, nor attempts made to obtain information, from public
schools or colleges in (3b), from any libraries, (3c), or from any bookstores (3d) in Palo Alto.
While the FBI does not maintain records of arrestees or detainees by their city of residence (3e),
none of the agents in the San Jose and San Francisco offices remembers any arrests/detentions of
any Palo Alto residents related to homeland security efforts.
The FBI also has not monitored any political, reli~ous or other First Amendment gatherings in Palo
Alto. Per the resolution, letters were sent to the California Senators, local Congess representatives,
the Governor, State le~slators, the Attorney General and President Bush. (Attachment B).
Because there has been little, if any activity associated with the direction provided .in the resolution
in over t-wo years, staff will be providing status reports on an annual basis instead of every six
months.
CMR:313:05 Pa_oe 2 of 3
ATTACI~IENTS
Attachment A: Resolution
Attachment B: Letters sent to various Governmental officials
PREPARED BY:
Police Chief
CITY NLA_NAGER APPROVAL:
HARRIS
Assistant City Manager
C3~R:31~:0~Page 3 of 3