ACLU Sues Over Feds Spending up to $1.4B to Monitor Millions of Americans
July 19, 2013 2:24 PM
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(Source: Obama Campaign; modifications: Jason Mick/DailyTech)
License plate scanners are non-transparent and a threat to privacy, says ACLU
Across the country, police departments are receiving millions of dollars from the federal government to
scan and store the license plates
of law abiding Americans. Much like the recent controversy over the
U.S. National Security Agency
99 percent of smartphone-using Americans
, the driving concern about these scanners is that they give the feds -- and anyone who compromises their databases -- detailed maps to track law abiding citizens' movements.
I. Big Brother is Watching You on the Road
The amount of information collected is staggering in the few instances where statistics is known:
29 million license plates read
7,000 plates read by an officer's vehicle per shift
Only 60,000 were suspicious
Of these only 1,800 were something more serious than an invalid/expired/suspended registration or emissions violation
Jersey City, N.J.:
2 million license plates read per year
5 year storage
An estimated 10 million plates on record
Plate scans stored "indefinitely" as a "reactive investigative tool"
Quantity read is unknown
Detectives use database to track a suspects past and present movements, based on the plates
Mesquite Police Department, Texas:
All plate scans since 2008 on file
Dept. will delete license plate records older than 2 years, next month
Lt. Bill Hedgpeth [spokesman], "There's no expectation of privacy [on public roads and parking lots]." (
4.9 million license plates read
Members of the public could ask for information on a specific plate until data was temporarily classified last year
Mayor R.T. Rybak's city-owned cars were tracked at 41 locations
at seven locations
As mentioned, the key driving force behind the embrace of these scanners has been a deluge of funding from the Obama administration.
Administration officials have refused to specify how much grant money was given to local and state law enforcement agencies for license plate tracking devices, but the
American Civil Liberties Union
(ACLU) estimates $289M USD and $1.4B USD was funneled through the
U.S. Department of Homeland Security
(DHS) for the purpose. The DHS pools mirrored copies of the collected data at so-called "Fusion centers" which various federal intelligence and law enforcement agencies can access.
The ACLU was alarmed to find that only five states:
New Hampshire (banned)
Maine (restricted to monitoring critical infrastructure -- bridges, etc., limits storage)
Arkansas (limits storage)
New Jersey (state wide guidelines)
(Fifth state was unlisted)
... had laws on their books regulating the deployment of readers, use of readers, security provisions for the data, or limitations on how long it could be stored.
Police officers state that transparency about plate scanning interferes with police activities. [Image Source: Keith Baker/WRAL]
asked for information in 38 states
, but received few replies. Most police departments scoffed at its request for transparency and clarity, arguing transparency interferes with police activities.
II. New Suit Demands Data From States, Municipalities, and Feds
In response to those rejections, the ACLU has now
[PDF] a Freedom of Information Act (FOIA) of 1966 (
) lawsuit. That should reveal more information on how much money is being spent, where the readers are, and how they're being used, but will likely require an onerous fight in various jurisdictions to get the data.
It’s not an exaggeration to say that in ten years there will be ALPRs just about everywhere, making detailed records of every driver’s every movement, and storing it for who knows how long. In some cases, we know that the worst-case scenario—vast databases with records of movements of massive numbers of people—is already happening.
A recent Supreme Court case ruled it
illegal for police to plant tracking devices
on citizens' cars. However, ultimately federal, state, and local law enforcement and intelligence agencies have found that they can get almost the same information by using a combination of license plate scans and telephony metadata. (Of course the Obama administration is also trying to
more directly sneak around the GPS tracking ruling
, according the ACLU.)
The ACLU is demanding answers about the Orwellian tracking of law abiding citizens.
The FOIA lawsuit comes as the
U.S. Drug Enforcement Agency
(DEA) is reportedly planning a rollout of plate readers across all major federal highways, to
fight the "war on drugs"
. While all of the nation's past three presidents are admit former users of illegal drugs, The CATO institute estimates the government has spent $1T USD in tax money since 1971 [
] to imprison millions of Americans on non-violent drug offenses. The government has in turn lost an estimated $2T USD in tax revenue from the war on drugs, which combined with the cost of enforcement totals almost a fifth ($3T USD) of the national debt [
Soon facial recognition may be added to the police state's bag of tricks.
U.S. Federal Bureau of Investigation
received over $1B USD
(which of course is largely passed off to defense contractor special interests) to develop facial recognition systems. By "scanning faces", the feds could in a decade or two have yet one more powerful dataset to track and potentially terrorize law abiding citizens, in addition to the seized telephone data and the license plate scans.
ACLU [1; PDF]
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RE: It's legal.
7/22/2013 6:35:04 AM
In France and pretty much all over Europe it's "illegal" to take the picture of someone on the street without their consent, you can however take the picture of a statue and unavoidable have someone else on it too, there's a legal difference between being the subject of a pictures and being part of the "background", journals and other "trash" media get fined all the time for publishing paparazzi pictures, the fines are quite small when compared to the sales value that's why they keep doing it.
I think in the states it's more or less the same thing or Google wouldn't go to GREAT extents to hide the face and car plates from the pictures they take for their street view.
RE: It's legal.
7/22/2013 5:45:56 PM
This is exactly the point I made earlier.
It is not illegal to take someone's picture in public without their consent - even in those places you mentioned.
It is illegal just about everywhere (not just in Europe) to publish or display that picture without the consent of everyone in that picture - even if they are 'background'. As well reasonable efforts must be shown to obscure information that can identify a person.
I can go just about anywhere in a public place and take pictures of whoever and whatever I want. However I absolutely
those pictures in public without those signed releases. If I do so, I run the risk of being successfully sued by the people in those pictures.
In your example it is the
of journals and trash media that is being sued -- not the photographers. Journals and media are forms of publication. So it becomes the responsibility of the publisher to make sure all the legal T's are crossed and I's are dotted. Some don't and those are the ones you see being sued.
And yes indeed, Google does have to do that. They are allowed to take all the pictures of your house as they want - even with you standing in the front yard yelling at them and giving them the finger. However they can't show it to everyone on Steet View without blurring your face and anything identifying you (though they would no doubt blur your "one-fingered salute" as well).
"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser
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