Sen. Josh Hawley, R-Mo., is demanding answers from Flock Safety regarding its rapidly expanding network of AI-powered cameras and the potential creation of a searchable national database of Americans' movements. This investigation comes as communities across the country are reconsidering or ending their use of the technology due to mounting privacy concerns.
Hawley stated that Flock has assembled an "unprecedented national surveillance network," boasting over 120,000 cameras across 49 states and processing more than 20 billion vehicle scans monthly. He is investigating to determine who has access to this data and how it is being used, emphasizing that Americans deserve answers.
Robert Frommer, director of the Institute for Justice’s Project on the Fourth Amendment, highlighted that the primary concern is not the cameras themselves, but the ability of law enforcement to search a person's past movements without judicial approval. He advocates for a warrant requirement, suggesting that police should obtain a judge's permission before accessing such data, except in genuine emergencies involving imminent danger or missing persons, with post-incident justification required if a warrant could not be obtained beforehand.
Flock Safety's automated license plate reader cameras capture details of passing vehicles, including license plates, descriptions, locations, and times. The company markets this technology to law enforcement agencies, businesses, and homeowners associations. Hawley, chairman of the Senate Judiciary Subcommittee on Crime and Counterterrorism, expressed in a letter to Flock CEO Garrett Langley that these networks pool data into a national database accessible to customers, going beyond traditional, discrete local investigations.
A spokesperson for Flock Safety acknowledged receipt of Hawley's letter and committed to providing a direct response to the subcommittee. "We look forward to working with Senator Hawley and the Subcommittee to provide additional context about how our technology works, the safeguards built into our platform, and how law enforcement agencies use Flock to solve crime and find missing people," the spokesperson stated.
Hawley argued that while law enforcement needs tools to ensure public safety, citizens should not have to sacrifice their privacy during everyday activities. He referenced Supreme Court precedent recognizing that a comprehensive record of a person's movements differs from ordinary public observation.
Rep. Keith Self, R-Texas, echoed these concerns, stating that the Fourth Amendment is not subject to compromise and that rights should not be traded for profit or perceived safety.
These concerns have prompted several cities to re-evaluate their contracts with Flock. The Pflugerville City Council in Texas unanimously voted to end its agreement with Flock, citing revelations about the system that fueled community concerns about data sharing and the potential for misuse. Pflugerville Mayor Doug Free stated that public safety and public trust must go hand in hand, and the city lost confidence in the company's ability to meet its standards for data and privacy.
Flock Safety acknowledged Pflugerville's decision and noted that the city had participated in a statewide sharing network. The company stated that agencies control their sharing settings and can modify them at any time. Flock also admitted to a past error where two out-of-state agencies were mistakenly included in the Texas statewide network, an issue that has since been corrected.
In Hood County, Texas, the Commissioners Court voted to end its relationship with Flock, directing that the county's three cameras be disconnected and covered. Constable John Shirley stated that this action was a victory for the freedom of Hood County residents, emphasizing that permanent, warrantless tracking does not belong in a free society and that privacy is not optional.
Tempe, Arizona, has also disconnected its Flock automated license plate reader system and will end its contract with the company. While Tempe police noted the cameras had aided in solving crimes, the city cited recent misuse of similar systems elsewhere as a reason for concern. The city stated that previously collected data would be automatically deleted after 30 days unless tied to an ongoing investigation.
Frommer reiterated that the constitutional issues extend to all providers of interconnected license plate reader technology, stressing the need for constitutional safeguards regardless of the company involved.