Imagine a searchable database that would enable
police or federal agents to instantly track everywhere you’ve ever driven in
your car, like a “Google search” of your location over a period of months or
even years. According to a law enforcement data manager speaking at a 2010
National Institute of Justice conference,
that’s where the government is headed.
A driver location “Google search” is not available to
police today because there aren’t enough license plate readers to ensure total
information awareness about our driving habits. But if the federal government’s
seed
funding of the surveillance camera boom over the past ten years is any
indication of where we are headed with license plate readers—and we have
evidence to suggest a similar process is unfolding—we will get there soon
enough.
The police are preparing for it, too. Dale Stockton,
Program Manager of the “Road Runner” project at the Automated Regional Justice
Information System in San Diego spoke on a panel on license readers at the 2010
conference and explained to police and prosecutors in attendance how best to
share license plate data. Mind you, he was talking about the location
information of people never accused of any crime.
Aware that a “centralized national giant bucket of
license plate reader data…probably wouldn’t stand the court of public opinion,”
he suggested a number of backdoor alternatives that would grant the government
the same power to spy on us retroactively and with frightening precision. No
such centralized data system exists and probably won’t, he said, but he
described other paths towards total information awareness regarding license
plate data, among them a “regional sharing capability” that in 2010 already
existed in San Diego and L.A. Another option is informal data sharing between
police departments, Stockton said, encouraging “anyone involved in LPR in the
interim to establish an e-mail group and do an e-mail blast when you have a
vehicle of interest. This is working in the southwest area of the United
States,” he said.
But the regional data sharing and the informal e-mail
systems Stockton described pale in comparison to the real endgame, what he
called “something akin to a Google.” Not “a storage unit” per se—because
remember, such a centralized database “wouldn’t stand the court of public
opinion”—but a “pointer system” that would enable agencies to store their own
data locally while making it readily available to police departments and
federal agencies nationwide at the click of a button.
Central storage of data vs. distributed storage
indexed via a pointer system? When it comes to privacy, that’s a distinction
without a difference.
As license plate scanners proliferate nationwide,
boring questions regarding data retention and sharing take on great importance.
Unfortunately, it appears as if the government is taking us in precisely the
wrong direction, from the top, down.
We’ve been making a lot of noise about location
tracking of late. License plate readers rank high among the technologies that
are threatening our privacy with respect to our travel patterns. Where we go says
a lot about who we are, and law enforcement agencies nationwide are
increasingly obtaining detailed information about where we go without any
judicial oversight or reason to believe we are up to no good. Stockton says we
have nothing to worry about with respect to license plate reader data and
privacy, that that’s all “hocus pocus.” But he’s wrong.
We must ensure license plate readers do not become
license plate trackers.
Law enforcement’s advancement of the position that
agencies should be able to access data willy-nilly from other departments
illustrates precisely why we’ve been worried about this technology. Perhaps we
shouldn’t be surprised to read such a position on the Department of Justice’s
website; after all, it’s the same DOJ that told a court last week that
Americans have “no privacy
interest” in our location information as it pertains to our cellphones.
We disagree, and we intend to make sure that a
license plate data system “akin to a Google” doesn’t take shape. Nothing less
than our freedom on the open road is at stake.
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