More on Crime: Flock license plate readers | catching cameras versus a nationwide surveillance network
Photo: David Goldman, Associated Press.
I've known about license plate readers for a long time. First, because parking enforcement and police vehicles in DC had them and "read" the streets as they passed, looking for cars with a high rate of outstanding violations or stolen vehicles.
Second was when I was on grand jury duty and learned LPRs are installed in some intersection cameras and are used to identify stolen cars or cars used in crimes.
I guess third, but related to the second, is when the fired Virginia newscaster killed two journalists that were filming doing a story in rural Virginia and fled. LPRs identified his car on I-66 and he was apprehended--well, he killed himself ("Suspect dead after shooting 2 journalists during live broadcast," NPR).
So for a long time I've thought that LPRs are fine. In fact I want two for Sugar House Park, but for a very limited use--to capture license plates so we can look up the address but anonymize the data, just using the zip codes so we can figure out how many patrons come from the City and from the County (both own the Park but it's in Salt Lake City and we always need to build our case with the County).
Mistakes. But I have read about mistakes, license plate errors when entering data into the system leads people who are "legal" getting apprehended ("Automotive journalist surrounded by police due to Flock camera confusion," KARE11).
What the Flock license plate reader camera captures.Misuse by individuals. But the fact that LPRs aren't one camera but a network can be a problem if users of the information are more nefarious.
A large number of cameras in an area means individuals can be tracked/surveilled.
Individuals ("lone wolves") can misuse the system ("Police Have Reportedly Used License Plate Readers to Stalk Romantic Interests at Least 28 Times in Recent Years," Institute of Justice, "How rogue officers turned a nationwide camera network into a tool for stalking," Washington Post).
Organizational misuse takes the concept of network to another level. For example, data can be shared with ICE, and many communities don't want that to happen. The Philadelphia Inquirer reported on a community near Harrisburg that is using speed traps as a way to identify immigrants for ICE ("This quaint Pa. borough is a ‘speed trap’ nabbing immigrants for ICE"). This would be supercharged with the addition of Flock camera based surveillance ("Border Patrol is monitoring US drivers and detaining those with ‘suspicious’ travel patterns," AP). From the AP story:
The Border Patrol has recently grown even more powerful through collaborations with other agencies, drawing information from license plate readers nationwide run by the Drug Enforcement Administration, private companies and, increasingly, local law enforcement programs funded through federal grants. Texas law enforcement agencies have asked Border Patrol to use facial recognition to identify drivers, documents show.
This active role beyond the borders is part of the quiet transformation of its parent agency, U.S. Customs and Border Protection, into something more akin to a domestic intelligence operation. Under the Trump administration’s heightened immigration enforcement efforts, CBP is now poised to get more than $2.7 billion to build out border surveillance systems such as the license plate reader program by layering in artificial intelligence and other emerging technologies.
The result is a mass surveillance network with a particularly American focus: cars.
(Note. One thing I learned on jury duty is that people don't have the same kind of Constitutional protections in their car versus their house, because a car and a driver have to be licensed.)
Opposition. As a result, people all around the country are fighting against the installation or maintenance of Flock cameras and systems in their communities ("Americans of All Political Ideologies Unite for Privacy Against Flock Surveillance Cameras," Military.com, "Why some cities are ditching their Flock license plate readers," NPR).
The Boston Globe has a good article about why these cameras are controversial, "Why Flock surveillance cameras are drawing fierce backlash across Massachusetts." From the article:
... some uses by law enforcement have been more controversial: Authorities in Texas, which has a near total ban on abortions, allegedly accessed Flock data to investigate a woman suspected of having an abortion, claiming they were working on a missing person’s case; some jurisdictions have shared people’s data with Immigration and Customs Enforcement, or ICE.
Another concern privacy advocates raise is the lax oversight over searches in the system. To conduct a search, officers must select a reason for the search and have a case number. But the American Civil Liberties Union says it found officers often just put down a single word: “investigation.” Earlier this year, two officers in Milwaukee used the technology to search for their ex-girlfriends — one reportedly did so more than 120 times.
Conclusion: Salt Lake City offers a way forward. Flock has made it harder for users of the database to search for immigrants, but only in the states that have forbidden the practice. Obviously, the remaking of the Border Patrol into a surveillance agency is extreme, and should be forbidden. But that's less likely to happen.
Salt Lake City is proposing new rules for its use of the cameras so that they can be used only for specific criminal investigations ("Salt Lake City proposes new rules for the license plate cameras that dot the city," KUER/NPR). From the article:
Salt Lake City Council Chair Alejandro Puy worked on the city’s new draft ordinance after “considering the public outcry and the misuse of these tools in other agencies across the country.”
His goal is printed on page one. It reads, in part, “the City seeks to balance the operational benefits of ALPR technology with the need to protect privacy, civil liberties, and constitutional rights.”
The key provision in the code, Puy said, would require law enforcement agencies to submit a case number to prove their use of the cameras is tied to a criminal case. He argued this would prevent agencies like ICE from using the cameras to track undocumented immigrants who are involved only in civil cases.
That seems to me to be an important distinguishing policy. Basically making the use of the data "reactive" in response to a specific crime, versus proactive surveillance where there is no crime.
The Border Patrol use is moving towards the level of "The Minority Report" movie and their use of the database should be severely restricted.
Bonus: The surveillance states of China ("Big data and the social credit system: The security consequences") and Israel ("Watched, Tracked, and Targeted Life in Gaza under Israel’s all-encompassing surveillance regime," New York) show us that opposition to LPRs isn't unfounded.
As the power of the network grows, so does the ability to surveil.
A headline of a Toronto Star piece, "Friend, enemy or useful tool, AI will reflect the values of politicians who use it," albeit about AI is no less applicable here: the intent and the values of the users dictate whether or not technology can be used to build or to oppress.
It makes me think it's time to re-read Neuromancer.
Labels: CCTV/surveillance systems, emergency management planning, emergency services, law and the legal process, policing








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