US Judge Rules Flock Search Was Mass Surveillance. Bernie Sanders Proposes 'Ban Flock Act'

Flock's cameras offer "indiscriminate mass surveillance," a U.S. federal judge wrote in a ruling Thursday, as does any system with "continuously updated" location histories for all the vehicles filmed by automated license plate-reading cameras. The judge's ruling included italics for emphasis when describing "the question of why is it the government's business where everyone goes all the time?" Judge Hill: We might reasonably expect our friends and family to tell us something like: "Hey, I saw you out driving by the store last week." But we do not expect people we know - let alone strangers, and especially not law enforcement - to randomly approach us to say: "Hey, I have been following your car for the last 30 days, and here is a detailed log of every place your vehicle has been with supporting photographic evidence. I am also going to share this information with law enforcement throughout the country so they know your whereabouts, too...." Cell phones also move in public places where people can see you in plain view. But it becomes constitutionally problematic when law enforcement can indiscriminately and passively catalog your whereabouts over an extended period of time and then use that information for any purpose whenever convenient... [I]t is also consequential that we arenot just dealing with stationary cameras. The cameras on [police officer] Alaniz's vehicle itself feed information into these systems... It is also no longer difficult to imagine law enforcement using a fleet of drones hovering over an entire city so they don't miss the movementof a single vehicle. Officer Alaniz had used Flock's travel history for a car when deciding to pull over its driver, which eventually led to a vehicle search and charges of possessing drugs with intent to distribute. But the judge wrote that because this violated reasonable expectation of privacy, "all evidence obtained after Alaniz initiated the ALPR search must be suppressed as fruit of the poisonous tree." The judge granted a motion to "suppress all evidence obtained as a result of these unconstitutional searchesand seizures." The Washington Post got this comment from a Flock spokesperson about the judge's ruling: "we expect it will be appealed and ultimately overturned." (Flock's spokesperson added that the ruling "does not set controlling precedent and does not affect law enforcement agencies' continued use of these important public safety technologies.") But meanwhile, on Friday U.S. Senator Bernie Sanders introduced the Ban Flock Act. The proposed bill bans federal agencies in America from using automated license plate reader systems "without explicit statutory authorization". The bill also lets certain federal agencies (including the Homeland Security Department) withhold grant money from State and local governments that use automatic license plate readers. TechCrunch reports:Despite its title, the bill doesn't call out Flock in the text and covers any and all ALPR systems. The bill allows exceptions only for toll collection and for uses that Congress approves in future legislation, which would have to limit data retention to no longer than 48 hours.... Representative Alexandria Ocasio-Cortez (D-N.Y.) and Senator Jeff Merkley (D-Ore.) are co-sponsors.

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