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Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens

The Rutherford Institute | April 26, 2018

RICHMOND, Va. — The Virginia Supreme Court has delivered a blow to the police’s use of Automated License Plate Readers (ALPRs) to surveil citizens and track drivers’ movements. The Rutherford Institute filed an amicus brief in Neal v. Fairfax County Police Department challenging the police practice of collecting and storing ALPR data as a violation of Virginia law that prohibits the government from amassing personal information about individuals, including their driving habits and location.

In reversing a lower court ruling that allowed state law enforcement agencies to extend the government’s web of surveillance on Americans by tracking them as they drive their cars, the Court held that the use of ALPRs involves the collection of personal information prohibited by Virginia’s Government Data Collection and Dissemination Practices Act. Mounted next to traffic lights or on police cars, ALPRs, which photograph up to 3,600 license tag numbers per minute, take a picture of every passing license tag number and store the tag number and the date, time, and location of the picture in a searchable database. The data is then shared with law enforcement, fusion centers and private companies and used to track the movements of persons in their cars.

“We’re on the losing end of a technological revolution that has already taken hostage our computers, our phones, our finances, our entertainment, our shopping, our appliances, and now, it’s focused its sights on our cars,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By subjecting Americans to surveillance without their knowledge or compliance and then storing the data for later use, the government has erected the ultimate suspect society. In such an environment, there is no such thing as ‘innocent until proven guilty.’”

Since 2010, the Fairfax County Police Department (FCPD) has used ALPRs to record the time, place, and driving direction of thousands of drivers who use Fairfax County roads daily. License plate readers capture up to 3,600 images of license tag numbers per minute and convert the images to a computer format that can be searched by tag number. This information, stored in a police database for a year, allows the police to determine the driving habits of persons as well as where they have been.

In 2014, Fairfax County resident Harrison Neal filed a complaint against FCPD asserting its collection and storage of license plate data violates Virginia’s Government Data Collection and Dissemination Practices Act (Data Act), a law enacted because of the fear that advanced technologies would be used by the government to collect and analyze massive amounts of personal information about citizens, thereby invading their privacy and liberty. The lawsuit cited a 2013 opinion by Virginia Attorney General Ken Cuccinelli that ALPR data is “personal information” that the Data Act forbids the government from collecting and storing except in connection with an active criminal investigation. Despite this opinion, FCPD continued its practice of collecting and storing ALPR data in order to track the movements of vehicles and drivers.

In November 2016, a Fairfax County Circuit Court judge ruled that license plate reader data was not “personal information” under the Data Act because license tag numbers identify a car and not a person. The Virginia Supreme Court reversed that decision, ruling the data was personal information, and remanded the case for a determination of whether the ALPR record-keeping process allows a link to be made between the license plate number and the vehicle owner.

Documents

The Virginia Supreme Court’s opinion in Neal v. Fairfax County

April 26, 2018 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , , | Leave a comment

Terrorist-Fighting License Plate Readers Just Mobile Revenue Generators Cruising Poor Neighborhoods

By Tim Cushing | techdirt | August 12, 2016

We know what automatic license plate readers are good for: collecting massive amounts (billions of records) of plate/location data housed by private companies and accessed by law enforcement for indefinite periods of time. What we don’t know is how effective ALPRs are at fighting/investigating crime.

George Joseph at Citylab has done some digging into the effectiveness of license plate readers and hasn’t found much that justifies the expense, much less the constant compilation of plate info.

Last month, the Bay Area’s UASI released ALPR data from the Central Marin Police Authority showing that only .02% of the nearly 4 million license plates tracked over October of 2015 through April of this year resulted in matches to any police “hot list” databases. The data indicate that zero “known or suspected terrorists” have been tracked using ALPRs, and that only a handful of other matches related to other hot-list criteria.

Why the mention of “terrorists?” Well, like most other high-tech law enforcement gear, the funding and deployment of these tools relies heavily on a narrative that never pans out: the never ending War on Terror. UASI stands for “Urban Areas Security Initiative” — a DHS grant program meant to better equip law enforcement for handling terrorism/terrorists. To secure grants to pay for ALPRs, Stingrays, 1033 program supplies, etc., all law enforcement has to do is insert “because terrorism” somewhere in the requisition form. Existential angst — and every government agency’s natural desire to stay well-funded — takes care of the rest.

But in reality, ALPRs aren’t catching terrorists. They’re not even catching dangerous criminals. Use of ALPRs has increased dramatically over the past decade, but there’s not much to show for it other than millions upon millions of “non-hit” snapshots. Instead of bringing down terrorists, drug traffickers, auto theft rings, and kidnappers, ALPRs are being used to troll low-income neighborhoods. (Oakland, CA: Picture/data by Dave Maass, Jeremy Gillula, and EFF.)

Law enforcement officials continue to claim ALPRs are being used to target “major criminal activities.” Maybe so, but there’s been a troubling push by municipalities and private companies to turn plate readers into roaming revenue generators.

As the Electronic Frontier Foundation found, several municipalities in Texas… have sparked controversy for allowing police to team up with private-sector companies to work like mobile debt collectors.

In places like Guadalupe County, the City of Orange, and the City of Kyle, Vigilant, a for-profit technology firm, gives police free license-plate readers and creates its own “hot list” for police, using police records on individuals with outstanding court fines. In exchange, police with license-plate readers identify drivers with outstanding fines during their patrols, offering them a trip to jail or the option to pay the original court fee (plus a 25 percent markup, all of which goes to Vigilant).

This budget/profit-driven approach leads directly to ALPRs spending a disproportionate amount of time roaming low-income neighborhoods where unpaid fines and fees are often more prevalent. What’s touted as a high-tech solution to serious criminal activity is being used to collect on unpaid parking tickets and unregistered vehicles. DHS anti-terrorism dollars are being converted into city budget enhancers. The “hot lists” used to direct law enforcement activity are routing officers away from dangerous criminal activity and turning them into glorified meter maids and revenue agents. Who needs to worry about terrorists when low-level scofflaws with unpaid parking tickets are more likely to generate income on the spot?

This is what’s being done with millions of records controlled by private companies and governed by a patchwork collection of inadequate minimization and data destruction policies. Rather than make cities safer, they’re only serving to make cities slightly richer. And in doing so, ALPRs are making policing — especially the sort that actually serves the community — a dusty relic of a bygone era.

August 13, 2016 Posted by | Civil Liberties | , , | 1 Comment