Tenth Amendment Center: Rhode Island Bill Would Limit ALPR Use, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

PROVIDENCE, R.I. (Jan. 10, 2019) – A bill introduced in the Rhode Island House would prohibit “roadway surveillance,” including the use of automatic license plate readers (ALPRs) without a warrant in most situations. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

A coalition of four Democrats introduced House Bill 5042 (H5042) on Jan. 9. The legislation would prohibit “roadway surveillance” and bar police from using ALPRs  unless “undertaken by law enforcement in the investigation of a particular violation, misdemeanor, or felony pursuant to a warrant or court order based on probable cause.”

H5402 defines “roadway surveillance” as:

“The act of determining the ownership of a motor vehicle or the identity of a motor vehicle’s occupants on the public roadways of the state or its political subdivisions through the use of a camera or other imaging device, or any other device, including, but not limited to, a transponder, cellular telephone, global positioning satellite, EZ-Pass, automated license plate recognition systems or radio frequency identification device, that by itself or in conjunction with other devices or information can be used to determine the ownership of a motor vehicle, the identity of a motor vehicle’s occupants or the mileage, locations, speed of travel and routes traveled by the motor vehicle.”

The proposed law would also bar state agencies from purchasing, receiving, or reviewing data from a private entity that has engaged in surveillance in a manner that would violate the law. H5042 would allow warrantless roadway surveillance in exigent circumstances and to locate missing persons.

The proposed law would put strict limitations on the retention and sharing of data gathered by license plate readers. Sharing of information would be prohibited without a court order. Any data that does not identify a violation of the law would have to be destroyed within 72 hours unless there is a court order for its retention. All data that does identify a violation of the law would have to be destroyed within one year after the citation is resolved by administrative payment, trial, or other final disposition.

Any information gathered in violation of the law would be inadmissible in court.

“Any evidence obtained as a result of surveillance use prohibited by this chapter shall be inadmissible in any civil action, except as evidence of a violation of this section. Nothing contained herein shall be construed to preclude any investigation otherwise based upon any legally sufficient cause.”

Passage of this bill would prevent the state from creating permanent databases using information collected by ALPRs, and would make it highly unlikely that such data would end up in federal databases.

IMPACT ON FEDERAL PROGRAMS

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA), tracks the location of millions of vehicles through data provided by ALPRs operated on a state and local level. They’ve engaged in this for nearly a decade, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the “crime” of driving – without having to operate a huge network itself.

ALPRs can scan, capture and record thousands of license plates every minute and store them in massive databases, along with date, time and location information.

Records obtained by the Electronic Frontier Foundation (EFF) through open records requests encompassed information compiled by 200 law enforcement agencies that utilize ALPRs. The data revealed more than 2.5 billion license plate scans in just two years (2016 and 2017).

Perhaps more concerning, this gigantic sample of license plate scans reveals that 99.5 percent of this data was collected regardless of whether the vehicle or its owner were suspected of being involved in criminal activity. On average, agencies share this data with a minimum of 160 other agencies. In some cases, agencies share this data with as many as 800 other agencies.

Police generally configure ALPRs to store the photograph, the license plate number, and the date, time, and location of a vehicle’s license plate, which is bad enough. But according to records obtained by the ACLU via a Freedom of Information Act request, these systems also capture photographs of drivers and their passengers.

With the FBI rolling out a nationwide facial-recognition program in the fall of 2014, and the federal government building a giant biometric database with pictures provided by the states and corporate friends, the feds can potentially access stored photographs of drivers and passengers, along with detailed data revealing their location and activities. With this kind of information, government agents can easily find individuals without warrants or oversight, for any reason whatsoever.

Since a majority of federal license plate tracking data comes from state and local law enforcement, laws banning or even restricting ALPR use are essential. As more states pass such laws, the end result becomes more clear. No data equals no federal license plate tracking program.

WHAT’S NEXT

H5402 was referred to the House Judiciary Committee where it must pass by a majority vote before moving forward in the legislative process.

Mike Maharrey
January 10, 2019 at 10:30AM

Tenth Amendment Center: Massachusetts Committee Passes Bill to Limit ALPR Data, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

BOSTON, Mass. (April 17, 2018) – Last week, a Massachusetts committee passed a bill that would limit access to, and retention and sharing of, data collected by automatic license plate readers. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

Rep. William Strauss (D) introduced House Bill 3439 (H3439) last year and it carried over into the 2018 session. The legislation would prohibit any state or local agency from accessing, searching, reviewing, disclosing, or exchanging ALPR data in its possession, custody, or control except under the following conditions.

1. For the purpose of collecting tolls, parking fees, or fines or surcharges related to unpaid tolls or parking fees.
2. As necessary to install or maintain and ALPR system
3. To respond to a reasonable belief that an individual is at imminent risk of serious physical injury, death or abduction.
4. To comply with a search warrant or preservation request.

The proposed law would require state agencies to permanently destroy all ALPR data within 120 days of its capture unless the judge issues a warrant or a preservation request.

If an agency accesses data to deal an imminent risk, it would be required to file a report to the state attorney general’s office within 48 hours.

Last Wednesday, the Joint Committee on Transportation reported the bill favorably and referred it to the House Committee on Ways and Means.

Although the bill would not limit the use of license plate readers in Massachusetts, it would significantly limit sharing and retention of ALPR data. Final passage of H3439 would prevent the state from creating permanent databases using information collected by ALPRs and would make it less likely that such data would be shared with federal databases.

Rep. Strauss also sponsors a second more expansive bill moving through the House that would place similar limits on ALPR data and would also limit the use of license plate readers in the state.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for over eight years, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Massachusetts. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program in 2016, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Massachusetts, and elsewhere.

WHAT’S NEXT

The Committee on Ways and Means will need to pass H3439 by a majority vote before it can move forward in the legislative process.

Mike Maharrey
April 17, 2018 at 11:12AM

Tenth Amendment Center: Massachusetts Committee Passes Bill to Limit ALPR use, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

BOSTON, Mass. (March 26, 2018) – Last week, a Massachusetts House committee passed a bill that would put strict limitations on the use of automated license plate reader systems (ALPRs) by the state. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

Rep. William Strauss (D) introduced House Bill 1902 (H1902) last year and it carried over into the 2018 session. The legislation would allow the use of ALPRs only for “legitimate law enforcement purposes,” collecting tolls and assessing parking fees. The law defines “legitimate law enforcement purposes” as “detection or investigation of a crime, traffic violation or parking violation; operation of AMBER alerts; or searches for missing or endangered persons.”

On Thursday, the Joint Transportation Committee approved H1902 and sent it to the House for further consideration.

The bill would put strict limitations on the retention and sharing of data gathered by license plate readers. Police would be required to submit any collected data to the Executive Office of Public Safety and Security within 48 hours or destroy it. The proposed law would allow the Executive Office of Public Safety and Security to retain ALPR data for 120 days. After that time it must be destroyed, H1902 would allow the executive office to retain information longer only with a warrant or preservation request.

The proposed law would limit access and sharing of stored data. Any data obtained or shared in violation of the law would be inadmissible in court.

“Notwithstanding any general or special law or regulation to the contrary, ALPR data produced, obtained or maintained in knowing violation of this chapter shall not be admitted, offered or cited by any governmental entity for any purpose in any criminal, civil, or administrative proceeding.”

Final passage of H1902 would prevent the state from creating permanent databases using information collected by ALPRs, and would make it less likely that such data would end up in federal databases.

A similar bill (S2299) is moving through the Senate.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for over eight years, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Massachusetts. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program in 2016, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking, and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Massachusetts, and elsewhere.

WHAT’S NEXT

H1902 now moves to the House Ways and Means Committee where it must pass by a majority vote before moving forward in the legislative process.

Mike Maharrey
March 26, 2018 at 12:24PM

Tenth Amendment Center: Signed by the Governor: Nebraska Law Limits ALPR Data, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

LINCOLN, Neb. (Feb. 15, 2018) – Yesterday, Nebraska Gov. Pete Ricketts signed a bill into law that puts limitations on the storage and sharing of information collected by Automated License Plate Readers (ALPRs) by law enforcement in the state, and places significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

Sen. Matt Hansen (D-Dist. 26) sponsored LB93. The new law restricts the use of ALPRs to specific law enforcement functions and places strict limits on the storage and sharing of any data collected by such systems.

On Feb. 8, the Nebraska unicameral legislature passed LB93 by a 47-0 margin. With Ricketts’ signature, the law will go into effect three months after the end of the current legislative session.

LB93 prohibits the use of ALPRs except for specified law enforcement activities, including locating missing persons, persons with outstanding traffic or parking violations, vehicles in violation of registration requirements and persons subject to arrest warrants. It also allows the use of ALPRs to regulate the use of a parking facility. The law bans bulk collection of license plate data using ALPRs in the state.

The new law’s strength lies in its strict limits on data retention and sharing. The legislation generally prohibits storage or sharing of ALPR data. Government agencies are prohibited from retaining data for more than 120 days without a warrant, a court issued preservation order or if the information is evidence related to certain authorized purposes (actual criminal investigations).

Illegally gathered or retained data is inadmissible in court and other proceedings.

“Captured plate data and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding  before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this state, or a  political subdivision thereof, if the disclosure of that information would be in violation of the Automatic License Plate Reader Privacy Act.”

The bill also stipulates that any data entered manually into the system by an officer must be purged at the end of his shift.

Finally, the law requires law enforcement agencies using ALPRs to develop a publicly available detailed plan governing their use, including a privacy policy to ensure that captured plate data is not shared in violation of the Automatic License Plate Reader Privacy Act, and imposes strict reporting requirements for any agency using ALPRs.

The new law will prevent the state from creating permanent databases using information collected by ALPRs, and makes it less likely that such data will end up in federal databases.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for nearly a decade, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, often paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Nebraska. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to newly disclosed records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation represents a good first step toward putting a big dent in federal plans to continue location tracking and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Nebraska, and elsewhere.

Mike Maharrey
February 15, 2018 at 11:45AM

Tenth Amendment Center: Massachusetts Committee Approves Bill to Limit ALPR use, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

BOSTON, Mass. (Feb. 12, 2018) – Today, a Massachusetts committee passed a bill that would put strict limitations on the use of automated license plate reader systems (ALPRs) by the state. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

The Joint Committee on Transportation created and approved Senate Bill 2299 (S2299) on Feb. 9. The new bill was based on S1909, introduced by a bipartisan coalition of 12 senators and representatives. The legislation limits the use of ALPRs by police to “legitimate law enforcement purposes.” The law defines these as “detection or investigation of a crime, traffic violation or parking violation; operation of AMBER alerts; or searches for missing or endangered persons.”

The bill would also put strict limitations on the retention and sharing of data gathered by license plate readers. Police would be required to submit any collected data to the Executive Office of Public Safety and Security within 48 hours or destroy it. The proposed law would allow the Executive Office of Public Safety and Security to retain ALPR data for 120 days. After that time it must be destroyed, S2299 would allow the executive office to retain information longer only with a warrant or preservation request.

The proposed law would limit access and sharing of stored data. Any data obtained or shared in violation of the law would be inadmissible in court.

“Notwithstanding any general or special law or regulation to the contrary, ALPR data produced, obtained or maintained in knowing violation of this chapter shall not be admitted, offered or cited by any governmental entity for any purpose in any criminal, civil, or administrative proceeding.”

Passage of S2299 would prevent the state from creating permanent databases using information collected by ALPRs, and would make it less likely that such data would end up in federal databases.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for over eight years, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Massachusetts. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program in 2016, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking, and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Massachusetts, and elsewhere.

WHAT’S NEXT

S2299 now moves to the Senate Ways and Means Committee where it must pass by a majority vote before moving forward in the legislative process.

Mike Maharrey
February 12, 2018 at 01:20PM

Tenth Amendment Center: To the Governor: Nebraska Passes Bill to Limit ALPR Data, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

LINCOLN, Neb. (Feb. 8, 2018) – Today, the Nebraska legislature unanimously passed a bill that would put limitations on the storage and sharing of information collected by Automated License Plate Readers (ALPRs) by law enforcement in the state, and place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

Sen. Matt Hansen (D-Dist. 26) introduced LB93 last year and it carried over into the 2018 session. The legislation would restrict the use of ALPRs to specific law enforcement functions, and place strict limits on the storage and sharing of any data collected by such systems.

The Nebraska unicameral legislature passed LB93 by a 47-0 margin. It now heads to Gov. Pete Ricketts desk for his signature.

LB93 would prohibit the use of ALPRs except for specified law enforcement activities, including locating missing persons, persons with outstanding traffic or parking violations, vehicles in violation of registration requirements and persons subject to arrest warrants. It would also allow the use of ALPRs to regulate the use of a parking facility. The proposed law would ban bulk collection of license plate data using ALPRs in the state.

The bill’s strength lies in its strict limits on data retention and sharing. The legislation would generally prohibit storage or sharing of ALPR data. Government agencies would be prohibited from retaining data for more than 120 days without a warrant, a court issued preservation order or if the information is evidence related to certain authorized purposes (actual criminal investigations).

Illegally gathered or retained data would be inadmissible in court and other proceedings..

“Captured plate data and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding  before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this state, or a  political subdivision thereof, if the disclosure of that information would be in violation of the Automatic License Plate Reader Privacy Act.”

The bill also stipulates that any data entered manually into the system by an officer must be purged at the end of his shift.

Finally, the legislation would require law enforcement agencies using ALPRs to develop a publicly available detailed plan governing their use, including a privacy policy to ensure that captured plate data is not shared in violation of the Automatic License Plate Reader Privacy Act, and would impose strict reporting requirements for any agency using ALPRs.

If the governor signs LB93 into law, it would prevent the state from creating permanent databases using information collected by ALPRs, and would make it less likely that such data would end up in federal databases.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for nearly a decade, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, often paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Nebraska. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to newly disclosed records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Nebraska, and elsewhere.

WHAT’S NEXT

Gov. Ricketts will have five days from the date of transmittal (Feb.8) to sign or veto LB93. If he does not act, it will become law without his signature.

Mike Maharrey
February 08, 2018 at 06:02PM

Tenth Amendment Center: Massachusetts Committee Holds Hearing on Bills to Limit ALPR use, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

BOSTON, Mass. (Feb. 2, 2018) – Last week, a Massachusetts committee held a hearing on three bills that would put strict limitations on the use of automated license plate reader systems (ALPRs) by the state. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

A bipartisan coalition of 13 representatives introduced House Bill 1842 (H1842) last year. A Senate companion (S1909) was introduced at the same time. Both bills carried over to the 2018 session. The legislation would limit law enforcement use of ALPRs to specific, enumerated law enforcement functions.

The bills also put strict limitations on the retention and sharing of data gathered by license plate readers. Government agencies would have to delete any ALPR data within 14 days. The legislation prohibits the sale, trade, or exchange of captured license plate data for any purpose. Under the proposed law, any data captured or improperly maintained could not be introduced by the state in any grand jury or criminal proceeding or in any civil or administrative proceeding brought by the state or any government office or official.

Rep. William Strauss (D) introduced House Bill 1902 (H1902) last year as well. The legislation would allow the use of ALPRs only for “legitimate law enforcement purposes,” collecting tolls and assessing parking fees. H1902 would allow the Executive Office of Public Safety and Security to retain ALPR data for 120 days. After that time it must be destroyed, The proposed law would allow the executive office to retain information longer with a warrant or preservation request. The proposed law would limit access and sharing of stored data.

On Jan 24, the Joint Committee on Transportation held a hearing on all three bills. This is an important step in the Massachusetts legislative process.

Passage of any of these bills would prevent the state from creating permanent databases using information collected by ALPRs, and would make it highly unlikely that such data would end up in federal databases.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for over eight years, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Massachusetts. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program in 2016, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking, and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Massachusetts, and elsewhere.

WHAT’S NEXT

The Joint Transportation Committee will next need to pass one of these bills, or combine elements of each into a new measure. It will then need to pass by a majority vote before moving to the House and Senate.

 

Mike Maharrey
February 02, 2018 at 11:41AM

Tenth Amendment Center: Nebraska Bill Would Limit ALPR Data, Help Block National License Plate Tracking Program

From Tenth Amendment Center

...from Tenth Amendment Center

LINCOLN, Neb. (Jan. 8, 2018) – A bill filed in the Nebraska legislature would put limitations on the storage and sharing of information collected by Automated License Plate Readers (ALPRs) by law enforcement in the state, and place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

Sen. Matt Hansen (D-Dist. 26) introduced LB93 last year and it will carry over into the 2018 session. The legislation would restrict the use of ALPRs to specific law enforcement functions, and place strict limits on the storage and sharing of any data collected by such systems.

LB93 would prohibit the use of ALPRs except for specified law enforcement activities, including locating missing persons, persons with outstanding traffic or parking violations, vehicles in violation of registration requirements and persons subject to arrest warrants.

The bill’s strength lies in its strict limits on data retention and sharing. The legislation would generally prohibit storage or sharing of ALPR data. Government agencies would be prohibited from retaining data for more than 60 days without a warrant, a court issued preservation order or if the information is part of an ongoing investigation. Any data retained as part of an ongoing investigation must be immediately destroyed at the conclusion of the investigation.

The bill also stipulates that any data entered manually into the system by an officer must be purged at the end of his shift.

Finally, the legislation would require law enforcement agencies using ALPRs to develop a publicly available detailed plan governing their use, including a privacy policy to ensure that captured plate data is not shared in violation of the Automatic License Plate Reader Privacy Act, and would impose strict reporting requirements for any agency using ALPRs.

Passage of LB93 would prevent the state from creating permanent databases using information collected by ALPRs, and would make it highly unlikely that such data would end up in federal databases.

IMPACT ON FEDERAL PROGRAMS

The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.

As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for nearly a decade, all without a warrant, or even public notice of the policy.

State and local law enforcement agencies operate most of these tracking systems, often paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in Nebraska. The feds can’t access data that doesn’t exist.

“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.

Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to newly disclosed records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.

According to the ACLU:

“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”

With the FBI rolling out facial a nationwide recognition program, and the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.

Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in Nebraska, and elsewhere.

WHAT’S NEXT

Last year, the Judiciary Committee placed an LB93 on “general file” with amendments – the first stage at which a bill is considered by the full Legislature. Bills on General File may be amended, returned to committee, indefinitely postponed or advanced to Select File.

Mike Maharrey
January 08, 2018 at 10:04PM