BERKELEY, Calif. — Allegations have surfaced that a judge in the case against Berkeley's cell phone warning ordinance has ties to the wireless industry.

CTIA, the wireless industry trade group (formerly the Cellular Telecommunications Industry Association), is challenging a law that requires stores to post information on proper cell phone use so that radiation exposure doesn’t exceed federal guidelines.

The case was heard in the 9th Circuit Court of Appeals in San Francisco in mid-September by a three-member panel that included Judge Michelle Friedland, whose husband, Daniel Kelly, is allegedly an engineer with wireless company Tarana.

According to Ellen Marks, director of the California Brain Tumor Association, Friedland may have had a conflict of interest because Tarana's significant investor is AT&T - a CTIA member that could have a major stake in the outcome of the case.

"If Berkeley prevails, his job could be at risk,” Marks said. "They might have financial implications from this, and if the CTIA prevails, they have a lot to gain from this."

The CTIA has claimed that Berkeley's ordinance violates free speech. Berkeley has countered that the required postings were simply guidelines directly from the cell-phone manuals, warning that people who carry a cell phone close to the body may exceed federal guidelines on exposure to radio-frequency radiation.

A spokesman for the 9th Circuit confirmed that Kelly works in the telecom industry, but said Judge Friedland herself would not comment. Calls to Mr. Kelly and to Tarana were not returned.

Marks said the case is significant because many other cities have expressed an interest in similar ordinances, and some have received letters from the CTIA threatening litigation.

San Francisco has been working to pass a similar law, and City Supervisor John Avalos said that if the allegations are true, Friedland should have disclosed this possible link.

"If there's any hint of such a relationship between her partner and such work within a telecommunications company, she should disqualify herself,” Avalos said.

The court has the case under consideration but has not yet issued a ruling. Berkeley's legal team has the option to file a complaint alleging conflict of interest, but has not done so thus far.



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To cast a primary election ballot in New Mexico, voters must declare a political party. But that could change if lawmakers pass Senate Bill 16 this month to adopt open primaries.

Supporters say New Mexico's electorate has changed, with 40% of those between the ages of 18 and 24 choosing not to affiliate with a party.

The state does allow same-day registration, but Sila Avcil - the executive director of the group New Mexico Open Elections - said that still means more paperwork and time is needed to vote in a primary for those who choose not to register with a political party.

"Under this bill," said Avcil, "what would happen is - if I'm a registered independent - I would just show up and say, 'I'm an Independent, here's verifying my registration, and today I would like to vote as a Democrat or a Republican or a Libertarian.'"

She said the bill would prohibit voters from participating in more than one party primary.

Critics of open primaries worry voters could affiliate with one party over another to influence that party's nomination, by choosing a candidate they feel would be easier to defeat in a general election.

Research shows the percentage of independent voters in New Mexico is growing.

From 2000 to 2022, Democratic registration declined from 52% of the electorate to 44%. At the same time, the state's Republican registration declined from 33-percent to 31-percent.

Avcil said the trend suggests a change would be helpful.

"I think this is the right time,," said Avcil, "because we constantly are seeing every year an increase in independent registration - particularly by young people. They're registering more and more as independent."

New Mexico is one of just 10 states with closed primaries. Avcil noted that this is the 10th year the bill has been introduced in the Legislature, but she said she believes there is more support this time around.

This is National Consumer Protection Week, and the Arizona PIRG Education Fund wants people to think about what they can do to protect their valuable documents - both physically and digitally.

The group is offering a new guide to help. The fund's consumer privacy director, R.J. Cross, said it is smart to "disaster proof" documents in case of an emergency such as a wildfire or flood.

She said now is the time to make a plan so you can save yourself a headache down the line.

"Having digital copies of sometimes your Social Security number or having your birth certificate can make it easier for you to navigate the process of those insurance claims," she said, "and the process of getting replacement hard copies if you're in that situation."

She added that when deciding to store documents online "in the cloud," it's a matter of determining the right combination of security and convenience. She recommended using a cloud service that offers what's known as end-to-end encryption.

The guide is online at pirg.org/resources.

Cross explained that end-to-end encryption offers an extra layer of protection, but it does come with a tradeoff: Once you've encrypted your files, you can't afford to lose your encryption key. If so, she said, you won't be able to access your documents.

"When you go from an end-to-end encryption, it is really secure, so secure that even the company that owns the cloud isn't going to be able to help you if you lose that key," she said. "So you do want to take good care of it."

She suggested printing out the encryption keys and keeping that paper in a safe place.

Cross said she realizes some people may not entirely trust a cloud service. That's why she also suggested scanning documents and loading them onto an encrypted thumb drive.

"Probably the last thing you want to do is be standing in line to get a new copy of your marriage license," she said. "The question is, how can I ameliorate the odds that I am going to add way more on my plate after a disaster than I have to?"

As National Consumer Protection Week continues, watchdogs remind policymakers about the alarming presence of scams targeting the general public. In Kentucky, a bill addressing gift-card scams cleared a legislative hurdle this week. Two years ago, Americans lost a record $10 billion in scams, and authorities say gift cards that are tampered with - before they're purchased - are one way in which consumers are being defrauded.

Gary Adkins, volunteer state president with AARP Kentucky, said these are the gift cards you typically see on kiosks in retail stores. When no one is looking, the scammers obtain sensitive information from the back of the item.

"And once the card is activated, these scammers can collect money off that," he explained.

Meaning the intended recipient can't use the card, and the person who bought it lost money that's hard to recoup. The Kentucky bill, approved by the state Senate Tuesday, would elevate this crime to a "Class D" felony. Opponents of a similar bill worry about unintended consequences because of language that says a person found with at least two tampered cards is presumed to be up to no good.

Beyond policy action, Adkins said all populations need to get this on their radar by loading up on helpful tips to avoid being scammed. Organizations like his are teaming up with the law enforcement community to share that information, so that the current crisis doesn't grow into something even worse.

"It's an all effort in order to try to help protect our folks that are here in the Commonwealth," he continued.

For gift-card scams, experts say safeguards include double checking the balance right after purchasing it and holding on to the receipt. Later this spring, AARP will host informational events around Kentucky. Times, dates and registration details are on the group's website.