Automated License Plate Readers Threaten Our Privacy
by Carlton Pruitt
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In the wake of the identification, tracking, and capture of the Boston Marathon bombers, surveillance advocates are vindicated. Rep. Peter King (R-N.Y.), who sits on the House Homeland Security and Intelligence committees, is one of those advocates.
Since the bombing, he's called for more surveillance to "stay ahead of the terrorists."
"So yes, I do favor more cameras," says King, who also advocates monitoring Muslim Americans.
Rep. King goes on to say in an interview with MSNBC's Andrea Mitchell, "They're a great law enforcement method and device. And again, it keeps us ahead of the terrorists, who are constantly trying to kill us."
Well, who could argue with that?
Terrorist attacks, while horrific, claim far fewer lives each year than suicide in the U.S. Nearly 30,000 Americans take their own lives each year. According to The Guardian, 3,467 American lives have been lost in terrorist attacks since 1970; 3,003 of those were in 2001.
Bill Bonner wrote recently, "Monday's news told us that the worst enemy Americans now face is themselves. For every one of them bumped off by a terrorist, nearly a thousand more do themselves in -- using everything from pistols to automobiles to household cleaners."
We wonder how trillions are spent on the "War on Terror," while manyfold more American lives are lost to their own hand. We suppose the mental health lobby in D.C. might be a touch lighter in the wallet than that of the Pentagon.
If you've got nothing to hide, some say, you shouldn't worry about government surveillance. Others argue that we must sacrifice a little privacy in exchange for security.
Daniel Solove, author of Nothing to Hide: The False Tradeoff Between Privacy and Security, believes these arguments, and many like them, are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so.
Below, Jennifer Lynch and Peter Bibring report on just the latest technological tool being used to "keep us safe."
This debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one and the other.
Why can't we have both?
Introducing Jennifer Lynch and Peter Bibring: Automated License Plate Readers Threaten Our Privacy...
Law enforcement agencies are increasingly using sophisticated cameras, called "automated license plate readers," or ALPRs, to scan and record the license plates of millions of cars across the country. These cameras, mounted on top of patrol cars and on city streets, can scan up to 1,800 license plate per minute, day or night, allowing one squad car to record more than 14,000 plates during the course of a single shift.
Photographing a single license plate one time on a public city street may not seem problematic, but when the data are put into a database, combined with other scans of that same plate on other city streets, and stored forever, it can become very revealing. Information about your location over time can show not only where you live and work, but your political and religious beliefs, your social and sexual habits, your visits to the doctor, and your associations with others. And according to recent research reported in Nature, it's possible to identify 95% of individuals with as few as four randomly selected geospatial data points (location plus time), making location data the ultimate biometric identifiers.
To better gauge the real threat to privacy posed by ALPRs, the Electronic Frontier Foundation and the ACLU of Southern California asked the LAPD and LA Sheriff's Department for information on their systems, including their policies on retaining and sharing information and all the license plate data each department collected over the course of a single week in 2012.
After both agencies refused to release most of the records we asked for, we sued. We hope to get access to these data, both to show just how many data the agencies are collecting and to show how revealing they can be.
Automated license plate readers are often touted as an easy way to find stolen cars -- the system checks a scanned plate against a database of stolen or wanted cars and can instantly identify a hit, allowing officers to set up a sting to recover the car and catch the thief. But even when there's no match in the database and no reason to think a car is stolen or involved in a crime, police keep the data.
According to the LA Weekly, the LAPD and LASD together already have collected more than 160 million "data points" (license plates plus time, date, and exact location) in the greater LA area -- that's more than 20 hits for each of the more than 7 million vehicles registered in LA County. That's a ton of data, but it's not all -- law enforcement officers also have access to private databases containing hundreds of millions of plates and their coordinates collected by "repo" men.
Law enforcement agencies claim that ALPR systems are no different from an officer recording license plate, time and location information by hand. They also argue the data don't warrant any privacy protections because we drive our cars around in public. However, as five justices of the Supreme Court recognized last year in U.S. v. Jones, a case involving GPS tracking, the ease of data collection and the low cost of data storage make technological surveillance solutions such as GPS or ALPR very different from techniques used in the past.
Police are open about their desire to record the movements of every car in case it might one day prove valuable. In 2008, LAPD police Chief Charlie Beck (then the agency's chief of detectives) told GovTech magazine that ALPRs have "unlimited potential" as an investigative tool. "It's always going to be great for the black-and-white to be driving down the street and find stolen cars rolling around... But the real value comes from the long-term investigative uses of being able to track vehicles -- where they've been and what they've been doing -- and tie that to crimes that have occurred or that will occur." But amassing data on the movements of law-abiding residents poses a real threat to privacy, while the benefit to public safety is speculative, at best.
In light of privacy concerns, states including Maine, New Jersey, and Virginia have limited the use of ALPRs, and New Hampshire has banned them outright. Even the International Association of Chiefs of Police has issued a report recognizing that "recording driving habits" could raise First Amendment concerns because cameras could record "vehicles parked at addiction-counseling meetings, doctors' offices, health clinics, or even staging areas for political protests."
But even if ALPRs are permitted, there are still common-sense limits that can allow the public safety benefits of ALPRs while preventing the wholesale tracking of every resident's movements. Police can, and should, treat location information from ALPRs like other sensitive information -- they should retain it no longer than necessary to determine if it might be relevant to a crime, and should get a warrant to keep it any longer. They should limit who can access it and who they can share it with. And they should put oversight in place to ensure these limits are followed.
Unfortunately, efforts to impose reasonable limits on ALPR tracking in California have failed so far. Last year, legislation that would have limited private and law enforcement retention of ALPR data to 60 days -- a limit currently in effect for the California Highway Patrol -- and restricted sharing between law enforcement and private companies failed after vigorous opposition from law enforcement. In California, law enforcement agencies remain free to set their own policies on the use and retention of ALPR data, or to have no policy at all.
Some have asked why we would seek public disclosure of the actual license plate data collected by the police -- location-based data that we think is private. But we asked specifically for a narrow slice of data -- just a week's worth -- to demonstrate how invasive the technology is. Having the data will allow us to see how frequently some plates have been scanned; where and when, specifically, the cops are scanning plates; and just how many plates can be collected in a large metropolitan area over the course of a single week. Actual data will reveal whether ALPRs are deployed primarily in particular areas of Los Angeles and whether some communities might, therefore, be much more heavily tracked than others. If these data are too private to give a week's worth to the public to help inform us how the technology is being used, then isn't it too private to let the police amass years' worth of data without a warrant?
After the Boston Marathon bombings, many have argued that the government should take advantage of surveillance technology to collect more data, rather than less. But we should not so readily give up the very freedoms that terrorists seek to destroy. We should recognize just how revealing ALPR data are and not be afraid to push our police and legislators for sensible limits to protect our basic right to privacy.
Jennifer Lynch and Peter Bibring
Carlton Pruitt ministers the gospel to the Los Angeles area. Formerly a Hollywood actor (SAG member)and junk removal expert he now spends most of his time studying the scriptures, writing articles, hymns and poems and doing street preaching.
See his videos on http://www.youtube.com Type LAStreetPreacher in the search bar. CONTACT at Carlton2061@gmail.
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