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ACLU Questions Privacy of License Plate Scanners

coastal984 writes with news that the American Civil Liberties Union is launching a nation-wide effort to find out how police departments are using and retaining information gathered from license plate scanners. They've sent FOIA requests to departments in 38 states, as well as the Departments of Justice, Homeland Security, and Transportation. "It’s not an exaggeration to say that in ten years there will be [automatic license plate readers] just about everywhere, making detailed records of every driver’s every movement, and storing it for who knows how long. In some cases, we know that the worst-case scenario—vast databases with records of movements of massive numbers of people—is already happening. To avoid this fate we need to convince the nation and our lawmakers to take action on this serious threat to our liberty. And to make a convincing case, we need to know a lot more about the problem as it stands. Last year, most people didn’t know why we should call our mobiles 'trackers' instead of phones; there was very little public information on how police departments were using our phones to track our location. The ACLU stepped in and spearheaded a massive public records project, bringing together affiliates from every part of the country, obtaining documents that showed how police nationwide were getting access to our intimate information without judicial oversight."

16 of 246 comments (clear)

  1. Convince Lawmakers to NOT Spy on us? by CanHasDIY · · Score: 4, Insightful

    To avoid this fate we need to convince the nation and our lawmakers to take action on this serious threat to our liberty.

    ... you're shitting me, right? Asking politicians to not make laws which restrict the freedoms of their people is like asking a mako shark to please not take a chunk out of my ass - neither is capable of understanding either your request, or reason in general.

    --
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    1. Re:Convince Lawmakers to NOT Spy on us? by ThatsMyNick · · Score: 5, Interesting

      How else are you going to do this? The law in it's present state allows this sort of monitoring. We after all do vote for these politicians. Might as well ask them to do something for us.

    2. Re:Convince Lawmakers to NOT Spy on us? by dkleinsc · · Score: 5, Interesting

      That's not quite right, and does a disservice to politicians who actually do give a damn about civil liberties, e.g. Ron Paul and Russ Feingold.

      For instance, back in 2002 the Bush administration created the Total Information Awareness project, where the NSA was going to basically intercept all Internet traffic in the US and build profiles of everybody based on what they saw. After years of agitating by the usual suspects (including the ACLU and EFF) Congress defunded the agency.

      However, what the NSA appears to have done in response to Congress expressly saying that they shouldn't do this: (1) Rename the program. (2) Make the whole thing classified. (3) Move the budget lineitem to a different spending category. (4) Continue as if nothing had happened. So the problem isn't exactly all politicians being power-hungry bastards, it's that power-hungry presidents (and both Bush and Obama are involved in this, it isn't a partisan thing) can work with a power-hungry national security state to do whatever the heck they want without the approval of Congress.

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    3. Re:Convince Lawmakers to NOT Spy on us? by CanHasDIY · · Score: 4, Insightful

      The law in it's present state allows this sort of monitoring.

      Actually, it it doesn't; the only reason the federals get to take carte blanche with regard to ignoring Constitutional limitations is because they hold the states hostage via extortion, i.e. "pass this draconian law / allow us to enforce this unconstitutional law in your state, or we'll pull funding from your critical programs." Personally, I don't imagine any elected President would have the balls to actually pull funding, especially during an election year, but the threat seems to be sufficient to keep the states enslaved, er, in line.

      The only out I see at this point is to return power to the states by producing what we need on our own, without federal dollars. Barring that, we're screwed.

      We after all do vote for these politicians.

      Yup, and it matters not, a single iota. Besides, voting out one lobbyist-controlled, billionaire criminal to replace them with another lobbyist-controlled, billionaire criminal hasn't worked for us yet; what's the point in continuing to flog that poor dead horse?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    4. Re:Convince Lawmakers to NOT Spy on us? by CanHasDIY · · Score: 4, Interesting

      A police officer, your neighbor, or a random guy on the street can see them. There is no expectation of privacy of your license number. Anyone can take a picture or video of your car, and its license number, on a public street - they can even use a telephoto lens. They can do almost anything they like with the images, including extracting license numbers from the images.

      OK, first, let's get rid of this "random person" fallacy - My neighbors/random people have zero interest in what I do from day-to-day, and the feeling is reciprocal, rightly so. If a random person/neighbor were to follow me around everywhere I go, keeping a log of everything I do, regardless of whether or not I am in public, I can have them arrested for stalking/harassment, because it is illegal for people to harass each other in such a way. Not to mention, my neighbors/random people do not profit from the incarceration of myself or anyone else.

      In no logical sense are the two (government / private citizens) comparable - Put the strawman down, and step away slowly.

      There's nothing in the BoR or constitutional case law that even remotely prevents this sort of monitoring.

      Really? So the Fourth Amendment does not state that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized?"

      Or perhaps you're disputing the idea that surveillance is effectively a search?

      Does the Fifth Amendment not say "No person... shall be compelled in any criminal case to be a witness against himself?" Or does tracking my movements, waiting for me to slip up, then using said movements against me somehow not constitute self-incrimination?

      Then there's the Sixth Amendment, which states: "In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him." Kind of hard to do when the "witness" is a software program that is incapable of distinguishing an individual human from their plate number, isn't it? Seriously, how's that supposed to work?

      Defendant: Your honor, I would like to bring the database containing my license plate tracking information to the stand, so that it may be cross-examined.

      Lemme know how that one works out.

      While not directly stated in the Constitution, the "presumption of innocence" has been established as the basis of our laws for quite sometime, and is backed by precedent: "The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law." - Decision, Coffin v. United States

      Tracking systems such as this not only violate our Constitutional right to travel freely without fear of government harassment, they run afoul of the ages-honored tradition of 'innocent until proven guilty.'

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:Convince Lawmakers to NOT Spy on us? by uncqual · · Score: 4, Insightful
      Your understanding of the Constitution is obviously at odds with virtually all precedent. Perhaps you're living in an alternate universe.

      OK, first, let's get rid of this "random person" fallacy - My neighbors/random people have zero interest in what I do from day-to-day, and the feeling is reciprocal, rightly so. If a random person/neighbor were to follow me around everywhere I go, keeping a log of everything I do, regardless of whether or not I am in public, I can have them arrested for stalking/harassment, because it is illegal for people to harass each other in such a way. Not to mention, my neighbors/random people do not profit from the incarceration of myself or anyone else.

      Nope. You might be able to get a restraining order against them that includes not tracking you -- but generally only if there's some other factor involved (such as explicit or implicit threats). Private detectives working on, for example, workman comp cases track, follow, photograph people all the time.

      The one exception is that you mention "regardless of whether or not I am in public". It is true that a random person can't legally come into your house to watch you eat dinner without your approval. Nor, generally, can the police without the approval of the court. The license plate scanners are only looking at publicly visible plates so the only part of your statement that is correct is irrelevant to the topic at hand and is a red herring. Nice try.

      In no logical sense are the two (government / private citizens) comparable - Put the strawman down, and step away slowly.

      Yes, the government has more power than a private citizen, so you are correct in that regard. But, again, this works against you. For example, as a private citizen I can not detain you, charge you with a crime, try you, convict you, and imprison you for life - but various government actors can, and do, regularly. A police officer has just as much right to observe your behavior without your approval as a private citizen does.

      It is true that if I break into your house, without coordination with law enforcement officials, and observe that you have bodies of a bunch of missing children piled in your bedroom, I can go tell the police and they can then use my information to get a search warrant and what they find is admissible. If, however, a police officer entered your house w/o cause and without a warrant, the fact that the bodies were found would likely be inadmissible (under the exclusionary rule - an invention of the SCOTUS to deter abuses by law enforcement). Note, however, that if police break into your house because of an immediate threat, such as smoke billowing from the roof and someone screaming inside, and observe the bodies while looking for the screaming person, the bodies and their location would likely be admissible.

      Does the Fifth Amendment not say "No person... shall be compelled in any criminal case to be a witness against himself?" Or does tracking my movements, waiting for me to slip up, then using said movements against me somehow not constitute self-incrimination?

      Not worth responding to, but I will anyway. NO. Self incrimination is requiring you to speak/testify in a way that will tend to incriminate you. Even things that you said voluntarily and were recorded (such as voice mails you left long before arrest or even before you were a suspect) or a videotaped confession after you were properly informed of your rights can be used against you in a court of law. Nor is the Fifth Amendment a restriction on the actions of anyone else. The Fifth Amendment doesn't even, for example, prevent the government from taking a DNA sample from you with a court order (which are routinely granted) -- because giving up your DNA is not incriminating yourself - your DNA is physical evidence.

      Really? So the Fourth Amendment does not state that "The right of the people to be secure in their person

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  2. Where is the line? by MyLongNickName · · Score: 5, Insightful

    Anyone can sit down and write down liscense plate numbers. Citizens have done this on their own when they have suspected a house on their block of drug trafficking. Very few would consider this to be an invasion of privacy.

    Police officers routinely check license plates against a registry of stolen cars. Few would consider this to be an invasion of privacy.

    If police placed a device on my car that told them where I was 24/7, I'd consider that an invasion of privacy.

    Having traffic plate scanners all over the place seems like an extension of case #2 where the police are checking license plates on their own... but simply using technology to speed up the process. Where is the line? Is it the automation and efficiency? Would we be upset if automated systems were in place to catch stolen cars or those with outstanding warrants? Or is it storing of the data so that someone else can use the data later for a non-law enforcement type purpose? Would we have a problem with the system if it was incapable of storing the data?

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    1. Re:Where is the line? by The+Raven · · Score: 5, Insightful

      I would be fine with the trackers if they stored only the most recent location a particular car was detected, and retrieving that location required either the registered owner to report it stolen, or a warrant.

      As long as locations can be stored forever, and retrieved at a whim, abuse will be significant.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    2. Re:Where is the line? by Jaqenn · · Score: 5, Insightful

      The issue here is that technology has progressed to a point that we're discovering that it's possible to have a situation that's never been a problem before.

      If you look at the warrant process, it's attempting to keep the government from messing with you unless they have 'a good reason'. Having a detective follow a suspect around to see what they do has, up until now, been naturally limited by funding and manpower to cases where the police had 'a good reason', and so we've never had to make up external limits on the activity.

      As police activity becomes less and less limited by funding and manpower, we have to check if we need to start imposing outside limitations instead.

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  3. Re:Swap vehicles by Anonymous Coward · · Score: 4, Insightful

    A. The point is that we shouldn't have to jump through hoops to avoid being tracked. Instead, the police et al should have to jump through hoops to track anyone.
    B. 99% of the people do not swap cars on a regular basis.

  4. Use a Frame by hardburlyboogerman · · Score: 5, Interesting

    My van has a custom built (By me) License plate frame that unless you are DIRECTLY dead on line of sight,all you see is a 1 finger salute.The Van give the bird to any cameras or scanners out there.

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    Geek Hillbilly
    1. Re:Use a Frame by OverlordQ · · Score: 4, Informative

      Dont read your own laws then?

      186.170 Display of registration plates, insignia-
      No rim, frame, or other covering around the plate shall in any way obscure
      or cover any lettering or decal on the plate

      186.170 00449 RIM OR FRAME OBSCURING LETTERING OR DECAL ON PLATE VIOLATION

      --
      Your hair look like poop, Bob! - Wanker.
  5. Not the scanners but how they use them. by jellomizer · · Score: 5, Insightful

    I had a friend who got a $300 fine for driving with expired registration in the mail, because a police car flagged his car (Flagged when he was driving to the DMV to renew it), then months later they mailed him the fine, because the city needed some extra revenue. The same thing with traffic camera. I am OK with them monitoring the road, but if you are going to fine someone it should be done in real time. A parking ticket, when you get back to your car, you know you made a mistake. You run a red light, then you see Blue (or Red in NY) blinking behind you, you know what you did. These Delayed fines, are not helpful in solving bad behaviors, because too much time has gone by. Chances are the person doesn't even remember the act.
    We have all made mistakes, and not get caught.
    I have Ran Red Lights, not out of malice or being in a rush, but my mind was focusing on the car in front of me, or the guy tailgating me from behind, or just a brain fart of thinking Red is Go and Green is stop. (Red and Green are opposite colors and if you see the lights out of your direct vision, they can seem the same color.)

    I have missed the Do not turn on Red Signs (as they place them where you can't read the sign if you are stopped at a red light.)

    It is part of a bigger problem of Government thinking it is OK, to make revenue off of Fines, Then working hard to try to catch people breaking them.

    Lets put the Traffic Lights upside down, so we can flag all the color blind people (or sideways like in Rochester, NY). Or lets make all the stop signs Green Circles. The heck with safety, we just need to bring in revenue.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  6. Doomed by Sloppy · · Score: 4, Insightful

    If we look at things optimistically, you may successfully persuade police departments and other government agencies to ignore this publicly visible data.

    But regardless of whether you succeed at that or not, if you concentrate on the scanning tech rather than the visible plate, then you have a 0% chance of addressing the privacy concerns. Even if you stop government from looking at the plates, what about the other 99% of the population who is able to see the plates?

    This reminds me of situations where people send plaintext emails, find out the one of the dozens or hundreds of parties who is able to read those emails (government) happens to actually be doing it, and then say that making government stop doing that, will solve the problem. *facepalm*

    Either become ok with your license plate being a cookie, or lobby to end license plates (and that, I admit, is a very hard position to take). There is no middle solution, and approaches that involve putting scanning genies back into bottles, are stupid on the face of it and 100% guaranteed to not work -- and even that is assuming you can get government to do what you want.

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  7. China compiles massive dossier on every citizen by C0L0PH0N · · Score: 5, Insightful

    The real threat, that the ACLU knows very clearly, is that the clearest path to government oppression of its citizens is to follow the path of China and other totalitarian regimes, and put together a massive dossier on every citizen. Then, anytime the government wants to crack down on a citizen, it has all the information it needs to put the citizen away. As any police officer will tell you, with over 5,000 federal laws, and countless local state and municipal laws, every citizen breaks laws without even knowing it, and if they follow you in a cruiser, then eventually can legally pull you over. What protects us is that most miniscule violations are not on the books. But if the government can collect 100% of all the information technology increasingly permits, they will begin to get 100% information. This will not harm you until the government decides to focus its laser power on YOU. There is little in this world as powerful as government, which can bring down the powerful, the wealthy, even the lawmakers. The ACLU has this one right - our government needs to be limited in the information it gathers on us.

  8. Re:Swap vehicles by jc42 · · Score: 5, Informative

    There's nothing requiring the owner of the car to be the one driving it.

    And there was an instructive example of this that got a bit of publicity back in the 1970s, mostly in the scientific press. The reports described a researcher who had for some years had his grant applications turned down without explanation. After a lot of questioning, he finally learned that he was on a US government list of "subversives". Further questioning turned up the explanation: There was a listed "subversive" group that had regular meetings in his city, some distance from where he lived or worked. The security investigators drove down the street during the group's meetings, recording all the auto license numbers, and kept a list of the numbers that belonged to people who didn't live or work nearby. His license number was on the list of regular attendees.

    The explanation was that, after his teenage son got his driver's license, he regularly borrowed his dad's car to visit his girl friend, who lived on the same block as the "subversive" meeting. The security folks didn't notice the car was often there on days of non-meetings, only that it was there on many of the meeting days. The car was registered to the kid's father, so they concluded that the car's owner was at the meeting. Why else would he be there on meeting nights?

    Once you get on a "subversive" list, of course, it's next to impossible to get off it. This sort of thing is worth remembering when people are talking about such tracking efforts. You and I could easily be on assorted government lists for equally accurate reasons.

    These days, the word is "terrorist" rather than "subversive" or "anti-American" or whatever, but the problems are no different. There will be many false positives. Witch hunts are a universal in human society.

    --
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