The Palo Alto Playbook
How 20 Months of Organized Pressure Reversed Police Radio Encryption
In August 2022, Palo Alto became one of the few American cities to reverse police radio encryption after it was implemented. This is the tactical breakdown of what worked, who did it, and how you can replicate it in your community.
Why This Victory Matters
When police departments encrypt, they rarely reverse course. Palo Alto did. The campaign united competing newspapers, generated state legislation, and proved that community pressure can restore transparency even after encryption is implemented.
Campaign Timeline
20 Months from Encryption to Reversal
DOJ Memo Issued
California Department of Justice issues memo directing law enforcement to protect personally identifiable information (Social Security numbers, criminal history) from public broadcasts. The memo offers two options: create a policy to protect PII, or encrypt radios entirely.
Encryption Implemented Without Warning
Police Chief Robert Jonsen encrypts all radio communications with just 30 minutes notice to media. The decision was made by the City Manager and Police Chief with no City Council vote or public hearing.
"There was no public announcement about the CLETS memo or the new direction it was taking. The public had been able to listen to police radios for about 70 years, but that form of transparency was taken away."Dave Price, Palo Alto Daily Post
Immediate Media Response
Jocelyn Dong, editor of Palo Alto Online/Weekly, calls the move "a major step backwards in both police transparency and public safety." Local journalists begin documenting the impact on news coverage.
Public Records Request Filed
The Palo Alto Daily Post files a California Public Records Act request with the DOJ seeking documents about the encryption directive. The request targets communications between local police departments and the state.
First Council Study Session
The City Council holds a study session on encryption. Mayor Tom DuBois advocates for immediate reversal. Council members Pat Burt, Lydia Kou, and Eric Filseth support exploring legislative alternatives. No formal vote taken, but council agrees to reconsider.
"I think we should reverse the decision immediately."Mayor Tom DuBois
State Sen. Becker Introduces SB 1000
State Senator Josh Becker introduces the "Public Right to Police Radio Communications Act" sponsored by the California News Publishers Association and the California Broadcasters Association. The bill proposes requiring unencrypted dispatch or media access programs.
Police Push Back Hard
The police department issues a memo claiming "there are no other feasible options available at this time to implement unencrypted radio transmissions." The memo argues that radio communication is essential for officer safety and that alternative methods put officers at risk.
Marathon Council Meeting - Encryption Retained
By a 6-1 vote, the City Council votes to retain encryption. Only Councilman Greer Stone votes for de-encryption. However, the meeting generates significant public testimony and media coverage.
- 7 of 8 public speakers favored unencrypting
- Publishers Bill Johnson (Palo Alto Weekly) and Dave Price (Daily Post) testify together
- Council acknowledges encryption conflicts with public's right to know
"Our Framers included the right to a free press, and a robust press as well, and police radio encryption doesn't further that."Councilman Greer Stone
Interoperability Authority Backs Down
Eric Nickel, Executive Director of the Silicon Valley Regional Interoperability Authority, had warned that Palo Alto could lose radio access with neighboring agencies if they unencrypted. He later retracts this warning, clarifying that agencies can operate either encrypted or unencrypted without consequences.
Police Chief Robert Jonsen Retires
Chief Jonsen, who implemented the encryption, retires to run for Santa Clara County Sheriff. Andrew Binder becomes acting chief.
Andrew Binder Selected as New Chief
Binder is selected as permanent police chief, pending City Council confirmation. He brings 25 years of law enforcement experience and commits to "accountability, communications and community engagement."
Reversal Announced
Acting Chief Andrew Binder announces that Palo Alto Police will unencrypt radios by September 1. The department will follow the California Highway Patrol model: officers transmit only partial information over the radio and use cellphones for sensitive details.
"I've taken a lot of things into account, and I think it's in the best interest of the community to do this."Chief Andrew Binder
Radios Unencrypted
Primary dispatch channel goes live and unencrypted. The 20-month campaign succeeds. Ken Kratt, president of the police union, supports the change: "We have no problems with people listening to us."
Key Players and Their Roles
The Coalition That Made Reversal Possible
Champions for Transparency
Councilman Greer Stone
The only council member to vote against encryption at the April 2022 meeting. Stone consistently framed the issue as a First Amendment concern and maintained public pressure throughout the campaign.
Dave Price
Filed public records requests, wrote editorials, testified at council meetings, and documented the DOJ's failure to comply with records requests. His persistent investigative work exposed the optional nature of the DOJ memo.
Bill Johnson
United with his competitor Dave Price to testify together at council meetings. This unusual alliance of competing newspapers demonstrated the severity of the transparency issue.
State Senator Josh Becker
Introduced state legislation that elevated the local fight to a statewide issue. Though the bill ultimately failed in committee, it created additional pressure on Palo Alto officials.
The Decision Makers
Chief Andrew Binder
Reversed his predecessor's policy within weeks of being selected as permanent chief. Emphasized accountability and transparency as core values. Worked with the police union to develop the new policy.
Ken Kratt
Supported the reversal and worked with department leadership on implementation. Crucially communicated that rank-and-file officers had no objection to public access.
Community Voices
Bob Moss and Other Residents
Seven of eight public speakers at the April 2022 council meeting supported unencrypting. Moss argued that media presence at scenes helps prevent excessive force. Resident Scott O'Neil directly urged council to "unlock the scanner."
Those Who Enabled Encryption
Chief Robert Jonsen
Made the decision to encrypt with minimal notice and no public hearing. Cited the DOJ memo as justification, though encryption was optional. His retirement created the leadership transition that enabled reversal.
City Manager Ed Shikada
Approved the encryption decision without bringing it to City Council. The unilateral nature of the decision became a point of criticism throughout the campaign.
Arguments That Worked
What Persuaded Decision-Makers
First Amendment Framing
Councilman Stone consistently framed encryption as a press freedom issue, connecting it to constitutional principles rather than technical scanner access. This elevated the debate from a niche hobbyist concern to a fundamental rights issue.
DOJ Memo Was Optional
Through public records requests and investigative reporting, advocates established that the DOJ gave agencies two options: policy changes OR encryption. The police chose encryption for convenience, not necessity.
CHP Model Proves Alternatives Work
The California Highway Patrol operates successfully with unencrypted dispatch by having officers transmit only partial information over the radio. This gave decision-makers a proven alternative to point to.
Interoperability Concerns Were False
The regional interoperability authority initially warned of consequences for unencrypting, but later retracted. Debunking this technical objection removed a key police argument.
Police Union Support
The union president publicly stated rank-and-file officers had no objection to public listening. This neutralized claims that encryption was about officer safety.
70 Years of Safe Open Access
Advocates emphasized that police radios had been publicly accessible for seven decades with no documented security incidents. The burden of proof should be on those claiming encryption is necessary.
Meeting-by-Meeting Tactics
How the Campaign Built Momentum
United Competing Media
The publishers of Palo Alto's two competing newspapers testified together at council meetings. This unprecedented alliance signaled the seriousness of the issue and prevented officials from dismissing concerns as coming from one partisan outlet.
Dominated Public Comment
Seven of eight public speakers at the key April 2022 meeting supported unencryption. Even though council voted 6-1 to retain encryption, the overwhelming public testimony created a political cost for the majority.
Persistent Council Member
Councilman Greer Stone never stopped pushing the issue. Even when he was the lone vote, he continued raising concerns, keeping the issue alive until circumstances changed.
Public Records Pressure
The Daily Post's public records request exposed the DOJ's slow response and generated additional stories about government transparency. Even when records weren't produced, the request itself became news.
State Legislation Leverage
Senator Becker's SB 1000 created external pressure and elevated the local fight. Even though the bill failed, it forced Palo Alto officials to defend their position in a broader context.
Waited for Leadership Change
The campaign continued building pressure until Chief Jonsen retired. When Binder became chief, the groundwork was laid for a new decision. Persistence through leadership transitions is essential.
Public Records Requests That Worked
What to Request and Why
The Palo Alto campaign used California Public Records Act requests strategically. Even when the state was slow to respond, the requests generated news coverage and established important facts.
DOJ Directive and Response
Request the October 2020 DOJ CLETS memo and your department's response letter. This establishes whether encryption was required or chosen voluntarily.
Decision-Making Documents
Request internal communications about the encryption decision. This can reveal whether alternatives were considered and who made the final call.
Cost Analysis
Request financial documents related to encryption implementation. Taxpayers have a right to know what encryption costs versus alternatives.
Alternative Analysis
Request any analysis of alternatives to encryption. If none exists, that's also newsworthy.
Media Coverage Strategy
Keeping the Story Alive
Consistent Editorial Coverage
Both Palo Alto newspapers published regular editorials condemning encryption. The Palo Alto Online stated: "When police control what the public learns about its activities, there can be no accountability."
News Hooks from Process
Every council meeting, public records request, and state legislative action became a news story. The campaign generated continuous coverage by creating events worth covering.
State and Regional Angles
Senator Becker's legislation gave regional and state media a reason to cover Palo Alto's local fight. The story became about California policy, not just one city.
Document the Impact
Journalists documented specific instances where encryption hindered their reporting. These concrete examples made abstract transparency arguments tangible.
Lessons for Other Communities
Actionable Takeaways
Leadership Change Is Often the Key
The chief who implemented encryption was unlikely to reverse his own decision. When he retired, the new chief had no ego investment in the policy. Focus on building pressure that will pay off when leadership changes.
Unite Media Competitors
When competing newspapers testified together, it signaled that this wasn't partisan or commercial. Build the broadest possible coalition, including unlikely allies.
Debunk Technical Objections
Police claimed encryption was required (false) and necessary for interoperability (false). Public records requests and expert investigation dismantled these claims. Don't accept technical arguments at face value.
Find Your Champion
Councilman Greer Stone kept the issue alive even when he was outvoted 6-1. One persistent elected official can maintain pressure until circumstances change.
Frame as First Amendment
Scanner access sounds like a hobbyist concern. Press freedom sounds like a constitutional principle. Frame your arguments in terms that resonate with broad values.
Offer Working Alternatives
The CHP model gave Palo Alto a proven alternative to point to. Research how other agencies handle PII without encryption and present those as solutions.
Get Union Buy-In
When the police union president said officers didn't care about encryption, it neutralized the "officer safety" argument. If possible, find law enforcement voices who support transparency.
Persistence Wins
The Palo Alto campaign took 20 months. They lost votes, faced stonewalling, and watched state legislation fail. They kept pushing until the opening appeared.
Template Materials
Ready-to-Use Resources
Council Meeting Talking Points
- Constitutional framing: "This is a First Amendment issue. The press cannot independently verify police accounts without real-time access to dispatch communications."
- Challenge necessity: "The DOJ memo offered policy alternatives to encryption. Our department chose encryption for convenience, not because it was required."
- Cite precedent: "The California Highway Patrol operates statewide with open dispatch channels. They protect sensitive information through policy, not technology."
- Demand accountability: "For 70 years, the public could listen to police radios with no documented security incidents. What has changed?"
- Call to action: "I urge the council to direct the police department to implement a policy-based approach that preserves public access."
Letter to the Editor Template
Dear Editor,
Our police department recently encrypted radio communications, cutting off public and media access to real-time information about police activity. Department officials claim this was required by state directive, but that's misleading.
The California DOJ memo offered two options: encryption OR policy changes to protect sensitive information. The California Highway Patrol chose policy changes and operates successfully with open communications statewide.
In Palo Alto, community pressure recently reversed an encryption decision after 20 months of advocacy. Their new police chief adopted the CHP model, proving alternatives work.
Our community deserves the same transparency. I urge our city council to reconsider this decision and adopt a policy-based approach that balances privacy with public accountability.
[Your name]
Public Records Request Template
To: [City/Department Records Officer]
Pursuant to the [State Public Records Act], I request the following records:
- All correspondence between [Police Department] and state DOJ regarding radio encryption requirements or guidance
- Internal memos, emails, and meeting notes regarding the decision to encrypt police radio communications
- Any analysis of alternatives to encryption for protecting personally identifiable information
- Cost estimates and actual expenditures for encryption implementation
- Any documented security incidents related to public scanner access prior to encryption
Please provide these records within the statutory timeframe. I am willing to receive records in electronic format to minimize processing time.
Questions for Police Officials
- Was encryption required by the DOJ directive, or was it one of multiple options?
- What policy-based alternatives were considered before choosing encryption?
- Why does the California Highway Patrol operate successfully without encryption?
- How many documented incidents of criminals using scanners to harm officers occurred in our jurisdiction?
- What was the total cost of encryption implementation?
- How will the public receive timely information about emergencies without scanner access?
- Will the department commit to revisiting this decision if alternatives prove viable elsewhere?
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
See how encryption has affected real communities - from Highland Park to Chicago.
View CasesSpread Awareness
Share evidence about police radio encryption with your network and community.
Public Testimony
Learn how to speak effectively at city council and public safety meetings.
Prepare to Speak