Sen. Josh Becker, D-San Mateo, introduces new encryption legislation

“This is something we have had for 70 to 80 years, and now is not the time to be taking it away, especially when there are plenty of solutions out there that can protect personal information,” Becker said.

The call for further transparency is due to a California Department of Justice 2020 memo, which said law enforcement agencies must encrypt communicating personal information or otherwise alter policies so the public cannot access detailed personal information. Personal information is defined as something that can be used to “distinguish or trace” an individual. Examples include names, driver’s licenses or ID numbers, which officers sometimes use during traffic stops.

Law enforcement could either establish a policy outlining what personal or identifying information can or cannot be communicated on open radio channels or encrypt radio traffic so no communications could be heard by anyone. According to Becker’s office, around 100 of more than 700 law enforcement agencies surveyed have decided to encrypt radio traffic, promoting concern from Becker that it decreases transparency and makes it tougher for the media and the public to learn about major accidents or shootings. The previous policy had been in place for decades before the 2020 switch.

Some agencies, like the San Mateo Police Department, have opted to continue sharing radio communication. In contrast, counties like Santa Clara, Riverside and Orange block all communications, Becker’s office said. However, Becker was hopeful agencies would follow the lead of the Palo Alto Police Department, which encrypted its communications in 2021 before reversing course in 2022.

Becker introduced the bill on Feb. 16, with a hearing in the Senate set for March 28. A press release from Becker’s office said the bill would be assigned to a senate policy committee for further discussion. He noted there was significant turnover in the California legislation in the past year, requiring more education and outreach from Becker to the new members about the bill.

“This is the beginning of the legislative process,” Becker said.

Similar proposed legislation from Becker, Senate Bill 1000, was heard in 2022 and called for law enforcement agencies by no later than 2024 to ensure public access to its radio communications. The bill passed the Senate in May. However, it failed to make it out of the Assembly Appropriations Committee later in the summer. Becker said the bill is similar to the previously proposed legislation. Becker said he was more confident in the current legislation passing, although he noted there was a long road ahead.