Lawmakers in West Virginia are divided over the use of AI-powered surveillance cameras, with the state's Freedom Caucus advocating for a statewide ban and arguing that the technology infringes on citizens' privacy rights. The caucus aims to prohibit automated license plate readers and similar surveillance tools, which they contend represent an overreach of government tracking.
West Virginia Delegate Chris Anders, Chairman of the Freedom Caucus, stated that the group strongly opposes the expansion of technologies like Flock Safety camera systems, automated license plate readers (ALPRs), and AI-powered facial recognition. He argued that these systems enable mass tracking of law-abiding citizens' movements without a warrant, which he believes is fundamentally at odds with the Fourth Amendment. "The Constitution does not disappear because technology advances," Anders said.
The caucus plans to reintroduce the Fourth Amendment Restoration Act, a legislative measure previously unsuccessful in the state legislature. This bill would ban several AI-powered surveillance technologies, including facial recognition software, drones, and license plate readers, for use by law enforcement and other state agencies. Anders criticized House leadership for not allowing the bill to reach the floor for a vote in previous sessions.
However, House Judiciary Chairman JB Akers countered Anders' claims, stating that Anders' proposed bills are "sloppily drafted" and could hinder normal law enforcement activities that conservatives support. Akers asserted that Anders' previous proposals were impractical, citing one instance where a draft amendment could have prevented police from entering property even if a dead body was visible.
Other members of the Freedom Caucus echoed concerns about privacy. Henry Dillon, Secretary of the West Virginia Freedom Caucus, argued that Flock cameras create databases documenting citizens' movements for activities like worship, medical care, and business, which he described as incompatible with a free society. State Sen. Craig Hart pointed to alleged abuses of Flock cameras in other states, including an incident in Georgia where a police chief was arrested for allegedly using ALPRs for personal surveillance.
According to the Electronic Frontier Foundation, at least five West Virginia municipalities utilize Flock Safety license plate readers, while others employ drones and intelligence fusion centers. The American Civil Liberties Union is also involved in a lawsuit against the city of Huntington over a $2.1 million contract for Flock surveillance equipment, which includes license plate readers, vehicle fingerprint technology, live video cameras, gunshot detection devices, and drones.
Conversely, Huntington Mayor Patrick Farrell defended the technology, citing instances where Flock cameras in other states helped law enforcement apprehend suspects. He recounted a case where an ALPR system in another city provided the lead that led to the arrest of a murder suspect in Michigan.
Flock Safety responded to the concerns, asserting that the company protects personal privacy and supports legislation that establishes clear guidelines for the use and sharing of license plate recognition data. A company spokesperson stated that these systems are crucial for law enforcement in solving crimes, locating missing persons, and ensuring community safety. The company also noted that customers retain control of their data, access is limited, and data is automatically deleted by default after 30 days. Flock believes the solution lies in responsible regulation and strong safeguards, rather than eliminating the technology.