A new US bill, Ban Flock Act, has been introduced, with the aim of stopping the federal government from using automated license plate readers (ALPRs).
“Flock is eviscerating the very notion of privacy by installing tens of thousands of cameras in communities across America without their consent,” said Senator Bernie Sanders, who is planning a Senate version.
“Going to the doctor? Flock knows. Dropping your kid off at school? Flock is tracking you. Flock is always watching,” he continued.
According to the text of the House bill, H.R. 10691, federal agencies and officials are to be banned from acquiring, possessing, accessing or using ALPRs, or data collected by these devices, without an Act of Congress that explicitly authorizes it.
This would include data collected by private security networks, homeowners’ associations, commercial parking operators, and data brokers.
Any such authorization must set data retention at no more than 48 hours, and “rigorous protections for due process, privacy, free speech and association.”
State and local governments that have ALPRs would not be eligible for grants from the Justice, Transportation, Health and Human Services, Housing and Urban Development, and Homeland Security departments.
The bill, whose sponsors in the House are Alexandria Ocasio-Cortez and in the Senate Jeff Merkley, also seeks to make sure that no federal money is used to buy, lease, or operate ALPRs, while evidence obtained in violation of the proposed legislation would be inadmissible in federal court.
Individuals would be able to sue for actual and punitive damages, while state attorneys general would be able to sue to enforce the ban.
Toll systems would be exempt from the ban, but the data collected would have to be deleted within 48 hours of payment, and could not be checked against a law enforcement hot list.
“AI-powered cameras are keeping track of our every move and weaponizing this data against working people to make record profits,” Ocasio-Cortez said.
Merkley noted that the right to privacy includes the freedom to move around the community without every move being monitored.
The Ban Flock Act is not the first attempt of its kind – in early September, Republicans Thomas Massie and Eric Burlison introduced the Flock-Off Act, H.R. 10221, that also seeks to cut federal funding to state and local governments that use ALPRs, as well as biometric surveillance cameras.
In August, Florida Governor Ron DeSantis ordered Flock cameras to be removed from state highways within 30 days, a year after the state approved $4.6 million for 440 of these devices.
Earlier in the summer, Senator Josh Hawley launched an investigation into Flock, and later expanded it to include Axon, Motorola Solutions, and Verkada.
“Flock does not stand alone in this industry; you and others are building large camera networks, assisted by artificial intelligence, that intrude on the privacy of all Americans,” Hawley said at the time.
Hawley has his own anti-Flock bill that has been announced but the text of the bill has yet to be filed.
Republicans and Democrats are now going after the same cameras, and the bill cuts off the federal money and the data trade, not just the cameras.
