Scenic San Diego’s surveillance questions remain unanswered by EDD Christina Bibler, despite her email promise to address them

At the March 8th Economic Development and Intergovernmental Relations committee meeting, City of San Diego Economic Development Director Christina Bibler (left) promised Council Pro Tem Montgomery Steppe that her questions about surveillance ordinance exemptions in relation to the proposed digital kiosks would be answered before the kiosks came to the full council. To our knowledge, no answers have been provided. Furthermore, Director Bibler promised to answer our questions about the kiosks, but to this date, she has not done so. Instead we have received the following by email, with the last response on April 13th, 2023 (over 45 days ago). 

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From: Bibler, Christina
Sent: Thursday, April 13, 2023
To: Pamela Wilson

Good afternoon Ms. Wilson,
I am in receipt of this email. Some of these specific questions will take coordination to provide a response but I am happy to take the lead and will be in touch. I can assure you a response to most, if not all of these questions prior to the Planning Commission hearing.
Thank you,
Christina Bibler
Director, Economic Development
City of San Diego
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From: Pamela Wilson
Sent: Wednesday, April 12, 2023
To: Bibler, Christina
Subject: RE: Marketing Agreement-follow up - Scenic San Diego questions - acknowledgement of receipt requested

Dear Ms. Bibler,
Per Ms. Brenha's direction I am sending you questions Scenic San Diego has regarding the digital ad kiosk proposal. I am hopeful they can be answered by early next week, so we have the information before the April 20 Planning Commission meeting. If you can estimate when you expect to be able to reply, that will be very helpful. And if you can acknowledge you received my email, I would greatly appreciate it. Please feel free to provide answers in multiple emails as you get them. Please let me know if I can clarify any question.

Questions for Economic Development Department regarding IKE DSDP digital ad kiosk proposal:

1. What are the dimensions of vendor IKE, Smart City LLC's digital ad kiosks and of their screens?
2. What maximum light intensity in lumens will kiosk screens project during non-dimmed periods?
3. What maximum light intensity in lumens will kiosk screens project during dimmed periods?
4. Are kiosks capable of projecting audio in the form of words or music, other than the audio intended for use by persons with disabilities?
5. If the answer to Question 4 is yes, are kiosks capable of projecting words only, music only, or both?
6. If the answer to Question 4 is yes, what is the maximum audible volume kiosks can project, in decibels?
7. What data and image capture, storage, or other similar features are IKE kiosks equipped for?  As an example, when the San Diego Port Commission considered approving IKE kiosks in 2017-2018, the proposal touted the kiosks' ability to gather personal data from cell phones of passersby and push advertising to their phones. According to public information,  each kiosk contained a sensor that identified the unique Radio Frequency Identification signal from each pedestrian's cell phone.  "Surveillance technology," as defined in San Diego Municipal Code section 210.0101(m), does not appear to encompass many forms of data capture technology that digital kiosks can be equipped with.
8. Is the Downtown San Diego Partnership or any of its officers, directors or employees, an independent contractor to, or in an employment relationship with, the City of San Diego?
9. Where can members of the public see an IKE kiosk? For example, when the San Diego Port Commission considered approving IKE kiosks in 2017-2018, a sample kiosk was on display in the lobby of the Port Building. Will a sample kiosk be on display in the City Hall lobby or another public space?
10. Has IKE, DSDP or your department done any outreach to individuals and groups other than those representing downtown businesses and residents, or representing businesses and organizations deemed potentially interested in advertising or posting announcements on the kiosks?
11. What is the name and title of the individual (or individuals) who picked the selection committee?
12. What are the names and titles of the individuals who comprised the selection committee?
13. Will IKE, DSDP or your department implement any public outreach in the form of workshops or other forums open to the public before the proposal is presented to the City Council?

Thanks in advance,
Pamela Wilson
Director, Scenic San Diego
Defending San Diego's Beauty, Fighting Sign Pollution