Legislation Aimed at Ending Federal Use of ALPRs Introduced

Democratic Rep. Alexandria Ocasio-Cortez from New York, along with Democratic Sen. Jeff Merkley of Oregon and independent Sen. Bernie Sanders from Vermont, announced new legislation on Friday that seeks to put an end to the federal use of automated license plate readers (ALPRs).

The proposed Ban Flock Act aims to prevent the federal government from buying, using, or owning ALPRs, as well as accessing their data or using federal funds for their purchase. However, it doesn’t impose an outright ban on the cameras themselves. The bill would also cut off certain federal grants to state and local governments that utilize ALPRs or work with companies like Flock Safety. That said, local agencies could still use local tax dollars to buy such technologies.

As the legislation stands, state and local governments that rely on ALPRs would lose federal support from agencies like the Department of Justice and the Department of Transportation, among others. Interestingly, while some lawmakers have raised concerns about the cameras, no comprehensive bills have yet been introduced to ban them completely. Republican Rep. Anna Paulina Luna from Florida hinted at drafting legislation for such a ban back in July but has yet to follow through.

The bill also stipulates that federal officials who utilize ALPRs could face retraining, suspension, or even termination based on the severity of the violation.

There’s a specific exception for ALPRs used solely for toll enforcement, which adds a layer of nuance to the legislation.

“Big Tech companies like Flock Safety are creating a surveillance environment that infringes on Americans’ privacy rights. These AI-powered cameras track our movements without our consent. This level of oversight is simply unacceptable,” Ocasio-Cortez expressed in a recent statement from her office. “I’m proud to stand with Senator Sanders on the Ban Flock Act, reinforcing our constitutional right to privacy.”

Senator Sanders also voiced strong opinions against these technologies, noting, “With the rise of unregulated AI, companies like Flock are erasing privacy by deploying cameras everywhere. Whether you’re at the doctor or dropping your child off at school, Flock is monitoring you. We can’t let America become a surveillance operation where a few profit at the expense of the public.”

Some other lawmakers have introduced bills aimed at regulating ALPRs. Republican Rep. Tim Burchett from Tennessee has proposed the Protection Against Mass Surveillance Act, which would ban federal agencies from using ALPRs while allowing local governments to continue using them if not funded by federal dollars. Meanwhile, Rep. Thomas Massie from Kentucky has presented the Flock-Off Act, which similarly restricts the use of federal funds for ALPRs while allowing local networks to operate.

In a separate effort, Massie and Republican Rep. Lauren Boebert from Colorado introduced the Surveillance Accountability Act, which would require agencies to obtain warrants before using ALPRs for tracking. It aims to prohibit warrantless facial recognition scanning in public areas and tighten restrictions on ALPR usage.

In addition to these measures, Senator Josh Hawley from Missouri has planned to introduce the Stop Flock Abuse Act. This bill would prevent local governments from sharing or selling data gathered via ALPRs to non-governmental entities. It would also impose restrictions on where the data could be stored and would require local agencies to keep logs of their activities related to this data. Hawley has raised concerns about Flock’s practices, referencing incidents related to the misuse of license plate data that have resulted in wrongful arrests.

Interestingly, Hawley had invited technology CEOs, including Flock Safety’s CEO Garrett Langley, to testify before a Senate committee about these issues, but none appeared.