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No Script for Cupertino – Chapter 6

Chapter 6: Same Bug, Two Operating Systems

By now, the residents finally had something they had been asking for since the beginning: police records. The Santa Clara Police Department had provided them within hours, and for the first time there was an official account of what happened before the Sheriff’s deputies appeared at the house on September 2.

The records also created an opportunity Silicon Valley understands very well: a side-by-side benchmark test. Same evening. Same reporting party. Same campaign signs. Same Santa Clara house. Two law-enforcement agencies processing the same underlying dispute.

This was going to be interesting.

System A: Santa Clara Police Department

According to the SCPD records obtained by the homeowner, Santa Clara Police received a call at about 10:35 p.m. The reporting party said political campaign signs had been taken and wanted police assistance. At that point, SCPD faced a fairly ordinary problem. One person was alleging theft, the other side had not been heard from, and the officers did not yet know where the signs had originally been placed, who had legal possession of them, or whether a theft had actually occurred.

So SCPD did something almost disappointingly sensible.

They slowed down.

According to the records, the department proposed a civil standby. If the reporting party wanted to speak with the homeowner, an officer could accompany him. The officer would be there to keep the peace, document what happened, and prevent two adults arguing over campaign signs from generating a second call involving something more serious.

The police were not volunteering to retrieve the signs for one side. They were not declaring that a theft had occurred before establishing the facts. They were not treating the person at the other address as a criminal because somebody on the phone had said the word “stolen.”

It was very boring policing.

Which is probably exactly what you want at 10:35 at night when the suspected contraband is made of corrugated plastic.

According to the records described by residents, the reporting party did not want to appear at the residence himself. He wanted officers to go to the homeowner and obtain the signs for him. SCPD declined. From the community’s reading of the records, the department was willing to keep the peace, but it was not prepared to become one side’s campaign-sign retrieval service while the basic facts remained disputed.

This point mattered because it showed a government agency doing something almost revolutionary: admitting that it did not yet know enough.

SCPD eventually concluded its involvement around 11:31 p.m., according to the records obtained by the homeowner. And then came the most exotic feature of the entire process. They documented what they had done. Later, when the homeowner asked what had happened, the department provided the records.

An agency receives a call. The agency evaluates the situation. The agency records its actions. A resident asks for the records. The agency produces them.

Somewhere, a government-efficiency consultant just shed a tear.

System B: Santa Clara County Sheriff

While SCPD was working through its civil-standby process, another system had come online. According to the timeline assembled by residents, the Santa Clara County Sheriff’s Office received a call at approximately 11:04 p.m. Sheriff’s deputies later arrived at the Santa Clara homeowner’s residence at around 11:40 p.m.

Lowenthal has publicly said that he followed an AirTag hidden in a campaign sign to a Santa Clara residence, called 911, and that the Sheriff’s Office responded. He said 14 signs were ultimately returned. San José Spotlight

The homeowner’s security footage showed multiple Sheriff’s vehicles and several Sheriff’s personnel at the property. That finally explained why the homeowner had remembered unfamiliar uniforms and why no Santa Clara Police vehicles appeared in the footage. The officers at his door belonged to the other system.

Now the benchmark results could be compared.

SCPD received a disputed property complaint and proposed a civil standby. A later call connected to the same dispute reached the Sheriff’s Office, and multiple deputies ended up at the homeowner’s door.

Same underlying problem. Very different service tier.

Perhaps the reporting party had accidentally discovered Sheriff Premium.

Naturally, the residents wanted to know what feature unlocked the upgrade. Was it the AirTag? Did the second call include new information? Was there some new emergency? Did Sheriff’s dispatch receive a materially different description of what had happened? Did the Sheriff’s Office simply follow a different procedure?

All of those explanations were possible. Conveniently, government agencies maintain records precisely so people do not have to guess.

Which led to the next difference between the two systems.

The Documentation Package

SCPD had supplied its records. The Sheriff’s Office supplied two words:

Ongoing investigation.

Those words were becoming the bureaucratic equivalent of a spinning beach ball. Please wait. Your transparency is loading.

Residents called. Community members asked questions. Formal public-records requests were submitted. The homeowner himself requested information concerning the police response at his own residence. According to the materials collected by residents, the Sheriff’s Office continued to withhold the requested information on the basis of an ongoing investigation.

By this stage, reality had made satire almost unnecessary.

The SCPD workflow looked straightforward. A call came in, the facts were uncertain, a civil standby was offered, the incident was documented, and the records were later provided.

The Sheriff’s workflow, as experienced by the residents, looked different. A call came in, multiple deputies appeared at the house, the homeowner woke up wondering what was happening, and when people later tried to understand the decision-making process, they encountered an ongoing investigation whose records remained unavailable.

In Silicon Valley, this is approximately when somebody from Quality Assurance asks whether System B passed testing.

Same Complaint, Different Philosophy

The difference went beyond paperwork.

Based on the records available to residents, SCPD appeared reluctant to choose a winner before hearing both sides. Someone had alleged theft. That allegation might have been correct, partly correct, or missing important context. SCPD offered to keep the peace while the people involved dealt with the dispute.

That is a fairly useful principle when police are considering going to someone’s home. A caller saying “this person stole my property” is still a caller making an allegation. Police officers exist partly because the first version of a story is not always the complete version.

The Sheriff’s response looked very different from the homeowner’s perspective. Multiple deputies appeared at the residence of a Chinese American family close to midnight after a complaint from Richard Lowenthal, a White former mayor of Cupertino. The publicly available information does not establish why the Sheriff’s Office chose that level of response, and the records residents wanted in order to understand the decision remained unavailable.

That combination was what bothered people.

An unusual government decision can have a perfectly legitimate explanation. Public confidence becomes harder to maintain when the government cannot, or will not, show people the explanation.

The Midnight User Experience

The contrast becomes clearer if you forget the legal terminology for a moment and look at the two approaches from the homeowner’s front porch.

Under the SCPD proposal, the reporting party would come to the residence and an officer would stand by while the two sides talked. The officer’s job would be to prevent trouble.

What actually happened later was different. The homeowner went to sleep. He woke up to multiple Sheriff’s personnel outside his house and had to figure out, while still half asleep, why law enforcement had arrived.

Those experiences are not equivalent.

The homeowner was a Chinese immigrant. He did not know what the officers had been told, what agency they represented, whether he was suspected of a crime, or what rights he had in that particular situation. His instinct was to cooperate.

People familiar with American law can later debate consent, warrants, probable cause, civil standbys, jurisdiction, and agency policy. At midnight, with several uniformed deputies at your door, the practical legal analysis tends to become much shorter:

Maybe I should do what the police are asking.

That is why the scale and setting of the response matter. Police vehicles, uniforms, badges, weapons, and official authority change the balance of any conversation, especially when one side is standing inside his home in pajamas.

Government A/B Testing

By this point, the residents had accidentally created an unusually clean comparison.

One law-enforcement agency encountered a disputed allegation, limited its role, documented its actions, and later provided the records. Another agency became involved later, sent multiple deputies to the residence, and then withheld the records residents were seeking to understand why that response occurred.

A Silicon Valley product team would put the two outcomes on a screen and ask one obvious question: what variable changed?

Law enforcement is more complicated than software. Different calls can contain different information. Circumstances evolve. Dispatchers make judgment calls. Agencies have different policies and jurisdictional responsibilities. Something significant may have happened between the first call and the second.

Fine.

Show the decision path.

That was all the residents were asking.

Instead, they could inspect System A while System B remained largely a black box.

Engineers hate black boxes.

Taxpayers tend to dislike them too.

Who Gets Which Service Tier?

The comparison also made another question increasingly difficult to ignore. Richard Lowenthal was not an anonymous caller. He was a White former mayor and remained active in Cupertino politics. Public reporting confirms his role in the AirTag incident and identifies him as a supporter of one slate in the current council election. 

Other residents and candidates had complained about missing signs during the same election. Public reporting confirms that Cupertino City Hall had received 23 formal complaints about sign theft, compared with six during the previous election, and it reported complaints from people associated with competing political camps. 

So the community’s question grew larger than the events of September 2.

What determines the service level?

Does photographic evidence matter? Does an AirTag matter more? Does it matter who owns the sign? Who installed it? Where the caller is standing? Which agency answers? What exactly was said to dispatch?

And inevitably, because the people receiving these visibly different outcomes included a politically connected White former mayor on one side and Asian residents and candidates on the other, another question entered the debugging session:

Does the identity of the caller matter?

The available evidence did not answer that question. That was precisely the problem.

No accusation of corruption was necessary. No theory about individual deputies was required. There was a much simpler way to settle the issue.

Release enough of the records to explain the procedure.

Show the rule.

Government accountability is rarely dramatic when it works correctly. That is probably one of its best features.

Then There Was the Original Story

The SCPD records also raised questions about the underlying allegation itself. According to the community’s account of those records, the reporting party described political signs as having been taken from his property. The homeowners involved disputed that characterization and said campaign signs had repeatedly been placed on private property without permission and then removed.

Those versions could describe very different situations.

Perhaps different signs came from different properties. Perhaps the caller reasonably believed one set of facts that later turned out to be incomplete. Perhaps the homeowners knew only part of the story themselves. Further records might reconcile the accounts.

That is what investigations are for.

If information provided to police later proved inaccurate, residents wanted to know whether either agency discovered that and whether it changed how the case was handled. If the original report was supported, records could establish that as well.

Either result would be more useful than weeks of speculation.

Information vacuums have a tendency to fill themselves.

Silicon Valley has another expression for systems that make decisions based on questionable input:

Garbage in, garbage out.

Which System Is Running to Spec?

By the end of the night, two agencies had dealt with the same underlying dispute. One agency’s records showed a cautious approach: the facts were contested, so police would keep the peace and avoid resolving the dispute prematurely. The later Sheriff’s response brought multiple deputies to the homeowner’s residence.

Maybe both approaches complied perfectly with their respective policies. Maybe the Sheriff’s Office had additional information that justified the difference. Maybe jurisdiction or some investigative rule explains everything.

Those possibilities deserve consideration.

They also deserve documentation.

The residents now had half the source code. SCPD had shown enough of its work for people to understand how it reached its result. The Sheriff’s side was still compiling.

And in a community full of engineers, that left one stubborn question:

If both systems were working according to spec, why did they produce such dramatically different results?

Chapter 5 <- Index -> Chapter 7