​ORDINANCE
CITY OF NEW ORLEANS
CITY HALL:    July 7, 2022
CALENDAR NO. 33,808
NO. _________________ MAYOR COUNCIL SERIES
BY:     COUNCILMEMBERS GREEN, KING AND THOMAS (BY REQUEST) 
AN ORDINANCE to amend and reordain Section 147-2 of the Code of the City of New Orleans regulations pertaining to the City’s use of surveillance technology; and otherwise to provide with respect thereto.
SECTION 1.  THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That Section 147-2 of the Code of the City of New Orleans is hereby amended and reordained to read as follows:
“Chapter 147 - Surveillance Technology and Data Protection
                                                                        ***
Section 147-2. – Prohibited Surveillance Technology.

• Except as otherwise provided in subsections (c), (d), (e), (f), (g) or (h), the following surveillance technologies are prohibited pursuant to subsection (a):
  1. Any face surveillance system;
  2. Cell-site simulator;
  3. Characteristic tracking system; or
  4. Predictive policing technology.
• Nothing in this section shall prohibit the city official from using evidence relating to the investigation of a specific crime that may have been generated from a face surveillance or characteristic tracking system, so long as such evidence was not generated by, with the knowledge of, or at the request of the city or city official.  
• Nothing in this section shall prohibit the New Orleans Police Department (“NOPD”) from requesting the use of facial recognition technology in the investigation of the following  crimes of violence as defined in Louisiana Revised Statute 14:2(B). 

            (1)   Solicitation for murder.
            (2)   First degree murder.
            (3)   Second degree murder.
            (4)   Manslaughter.
            (5)   Aggravated battery.
            (6)   Second degree battery.
            (7)   Aggravated assault.
            (8)   Aggravated or first degree rape.
            (9)   Forcible or second degree rape.
            (10)   Simple or third degree rape.
            (11)   Sexual battery.
            (12)   Second degree sexual battery.
            (13)   Aggravated kidnapping.
            (14)   Second degree kidnapping.
            (15)   Simple kidnapping.
            (16)   Aggravated arson.
            (17)   Aggravated criminal damage to property.
            (18)   Aggravated burglary.
            (19)   Armed robbery.
            (20)   First degree robbery.
            (21)   Simple robbery.            
(22)   False imprisonment; offender armed with dangerous weapon.
            (23)   Assault by drive-by shooting.
            (24)   Aggravated crime against nature.
            (25)   Carjacking.
            (26)   Terrorism.
            (27)   Aggravated second degree battery.
            (28)   Aggravated assault upon a peace officer.
            (29)   Aggravated assault with a firearm.
            (30)   Armed robbery; use of firearm; additional penalty.
            (31)   Second degree robbery.
            (32)   Disarming of a peace officer.
            (33)   Stalking.
            (34)   Second degree cruelty to juveniles.
            (35)   Aggravated flight from an officer.
            (36)   Battery of a police officer.
            (37)   Trafficking of children for sexual purposes.
            (38)   Human trafficking.
            (39)   Home invasion.
            

1.   Any officer requesting the use of facial recognition technology shall ensure the request is approved in accordance with current NOPD policy. 
2. Evidence obtained from facial recognition alone shall not be sufficient to establish probable cause for the purpose of effectuating an arrest by the NOPD or another law enforcement agency. The source of the image and the underlying reasons for the requested use of facial recognition systems as an investigative lead shall be documented in a police report.
3. Facial recognition technology shall not be used as a surveillance tool.  
4. Nothing in this section shall prohibit an NOPD officer from conducting a criminal investigation using Cell-site simulator technology for the following purposes:
   1. To assist in locating a known suspect of a crime of violence, as defined in section (d) above, for which an arrest warrant has been issued and only when the use of such technology is obtained pursuant to a search warrant signed by a neutral and detached judge or magistrate commissioner; or 
   2. To assist in locating a missing individual when there is a reasonable belief that the missing individual is in imminent danger of death or is in imminent danger of receiving serious bodily injury as defined in Louisiana Revised Statute 14:2(C).”

ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS _________________
                                                
 
__________________________________________
PRESIDENT OF THE COUNCIL
 
 
DELIVERED TO THE MAYOR ON ____________________
 
 
APPROVED:
DISAPPROVED:      ____________________
 
 
__________________________________________
MAYOR
 
 
RETURNED BY THE MAYOR ON ____________________ AT ____________________
 
 
__________________________________________
CLERK OF COUNCIL
 
ROLL CALL VOTE:
YEAS:
NAYS:
ABSENT:
RECUSED:
 
 
 

​BATON ROUGE, La. – A new poll conducted by Echelon Insights and released by NetChoice, a trade association committed to making the internet safe for free enterprise and free expression, found that Louisiana voters blame President Biden for soaring inflation and are worried that antitrust proposals like Sen. Klobuchar’s S. 2992, which is backed by President Biden and Senator John Kennedy, will continue to raise prices even further. 
    “Louisiana voters want Congress - especially Sens. Kennedy and Cassidy - to prioritize inflation and economic instability, not Beltway-born antitrust proposals that could raise prices,” said Steve DelBianco, President & CEO of NetChoice. “69% of Louisiana thinks our country is heading in the wrong direction, and 60% of voters say Congress should focus on fixing the economy — the last thing Congress should be doing is spending time on legislation that only 1% of the population nationally sees as a priority.” 
    Nationally, the poll revealed 85% of Americans said they are at least somewhat concerned about tech antitrust proposals increasing prices and that 40% of GOP-leaning voters and 37% of Democrat-leaning voters said they are “extremely concerned” about such proposals making inflation worse. 
    Additional Louisiana voter highlights from the Echelon Insights poll include: 
1.     60% of Louisianians say the economy and inflation are the biggest issues facing the nation followed by crime and public safety (23%), gun control (20%) and immigration (18%). 
2.     66% of Louisiana voters are concerned proposals to regulate tech will make inflation worse. 
3.     63% are concerned new regulations will make it easier for politicians to pressure tech to serve their political interests. 55% are concerned about regulations making tech harder to use. 
4.     Regulating the tech industry is the lowest policy priority for American voters today – less than 1% of Americans responded that they think the government should prioritize regulating tech, which is less than the margin of error. 
5.     When asked specifically about priorities for tech, 45% want privacy and security online. Only 6% of Louisianians said that antitrust is a priority for them on tech. 
6.     Louisianans trust the free market (63%) more than the government (15%) to come up with solutions for improving competition. 69% of Louisiana Republicans trust the free market, rather than the government, to improve competition in tech. 
7.     75% say Congress should learn more about tech companies before trying to regulate them. 
    This poll was conducted between June 17-24, 2022 among 9,227 U.S. registered voters: a national sample of 2,031 plus 530 additional interviews in Alabama, 260 in Alaska, 724 in Arizona, 419 in Arkansas, 957 in Florida, 641 in Indiana, 420 in Kansas, 534 in Louisiana, 379 in Montana, 443 in Mississippi, 877 in North Carolina, 249 in North Dakota, 396 in South Dakota, and 975 in Texas. The interviews were conducted online, and the data were weighted to approximate a target sample of adults based on gender, educational attainment, age, race, and region. Results from the full survey have a margin of error of plus or minus 2.1 percentage points. Attached is a one pager summary and the full poll for download.

​For more information: [email protected] or call (504) 460-1468.