“FLOCK IS ALWAYS WATCHING”: Sanders, AOC Push Sweeping Bill to Ban Federal Use of Nationwide License-Plate Surveillance Network
Sen. Bernie Sanders, Rep. Alexandria Ocasio-Cortez and Sen. Jeff Merkley are seeking to effectively drive automated license-plate readers out of government use with sweeping new legislation that would prohibit federal agencies from using the technology and threaten federal funding for state and local governments that continue operating the surveillance systems.
The legislation, called the Ban Flock Act, was introduced amid intensifying bipartisan scrutiny of Flock Safety, the largest operator of automated license-plate readers in the United States. The company has more than 120,000 cameras around the country, creating a network capable of recording enormous numbers of vehicle movements and allowing law-enforcement agencies to search collected information across jurisdictions.
Although Flock is named in the title, the legislation is not limited to one company. Its restrictions would apply broadly to automated license-plate readers, commonly known as ALPRs, regardless of the manufacturer.
The bill would prohibit federal agencies from acquiring or using ALPR systems and from accessing information gathered by cameras operated by local police departments, private companies or other entities. It would also bar the use of federal money to purchase the systems.
State and local governments would face significant financial pressure to abandon the technology as well. Under the proposal, certain federal grants would be withheld from states and municipalities that continue using automated license-plate readers or contracting with companies that provide them.
The legislation would additionally give Americans a legal avenue to sue the federal government if their rights were violated through prohibited use of ALPR technology.
There are limited exceptions. The bill would permit license-plate readers to be used for toll collection, and Congress could specifically authorize other uses through future legislation. Such authorization would have to include restrictions requiring that collected information generally be deleted within 48 hours.
Sanders said the technology has expanded far beyond an ordinary police camera system and now represents a fundamental threat to Americans’ ability to travel without having their movements continuously recorded.
“At a time of growing concern about the unchecked power of artificial intelligence, Flock is eviscerating the very notion of privacy by installing tens of thousands of cameras in communities across America without their consent,” Sanders said. “Going to the doctor? Flock knows. Dropping your kid off at school? Flock is tracking you. Flock is always watching. We cannot allow America to become a surveillance state where a handful of AI oligarchs profit by giving the government the power to track our every movement.”
Flock’s cameras are typically positioned along roads and automatically photograph passing vehicles. The system records license plates and other identifying characteristics, and the information can then be searched by participating law-enforcement agencies.
Newer versions of the technology can collect considerably more information than a traditional license-plate photograph. Critics say Flock’s artificial-intelligence tools can combine images of vehicles and people with information from other databases, potentially producing details about individuals, relatives, court records, online accounts and patterns of movement.
The scale of the network is one of the principal concerns driving the congressional push. Flock says its more than 120,000 cameras capture approximately 20 billion vehicle observations each month.
Its national lookup capabilities also mean that a camera located hundreds or thousands of miles away can potentially become useful to an investigator elsewhere. Agencies participating in the network can, subject to system rules and data-sharing arrangements, search information collected outside their own communities.
Ocasio-Cortez said that capability has transformed what might once have been viewed as a localized law-enforcement tool into a nationwide surveillance system.
She said the Ban Flock Act would “enforce our constitutional right to privacy and protect Americans from both corporate and government surveillance.”
“No one should have this unchecked surveillance power at their fingertips,” Merkley added.
The controversy has been fueled by documented cases in which law-enforcement officers allegedly used ALPR systems for personal purposes rather than legitimate investigations. More than 50 officers around the country have reportedly been accused of unauthorized searches, including cases involving officers searching for wives, girlfriends, former romantic partners and women they wanted to meet.
Five Indianapolis police officers, for example, were accused of improperly using Flock cameras to search for people with whom they had personal relationships, including spouses or romantic partners. The department subsequently tightened its policies and introduced daily auditing of ALPR searches.
Other concerns have centered on searches connected to political demonstrations and immigration enforcement. Critics of the technology say ALPR databases have been searched in connection with demonstrations against immigration raids, pro-Palestinian protests and “No Kings” demonstrations, while Flock data has also been shared across jurisdictions for federal immigration investigations.
The mounting concerns have already prompted communities around the country to reconsider their relationships with Flock. According to the lawmakers behind the Ban Flock Act, at least 56 municipalities have deactivated cameras, canceled contracts or rejected proposed Flock agreements this year.
The legal debate intensified further last week when a federal judge in Oklahoma ruled in a criminal case that an officer’s warrantless use of the Flock network amounted to “indiscriminate mass surveillance” and violated the Fourth Amendment.
The case involved a Tulsa County sheriff’s deputy who used Flock data to track the movements of a vehicle suspected of involvement in drug trafficking. A subsequent search uncovered 91 pounds of methamphetamine, but U.S. District Judge Sara E. Hill concluded that the broad tracking made possible by the network crossed a constitutional line because it allowed police to reconstruct a person’s movements without first obtaining a warrant.
The ruling represents one court’s decision and does not establish a nationwide prohibition on ALPR technology. Flock strongly disputed the decision and said it conflicts with established legal precedent concerning the observation of vehicles traveling on public roads.
Concern over the cameras has also become strikingly bipartisan.
Sen. Josh Hawley, a Missouri Republican, recently chaired a Senate Judiciary subcommittee hearing titled “Always Watching: Flock’s Nationwide AI Surveillance Network,” examining the privacy and national-security implications of ALPR systems.
Sen. Dick Durbin, an Illinois Democrat, participated in the same hearing and called for stronger safeguards governing how the technology can be used.
Flock CEO Garrett Langley was invited to testify before the committee but did not appear. The CEOs of several other surveillance-technology companies were also invited and declined to testify.
Flock instead submitted written answers to Hawley and acknowledged that Congress should establish a federal regulatory framework governing automated license-plate readers. The company also described safeguards it has introduced as scrutiny of the technology has increased.
Hawley is pursuing his own legislation rather than endorsing a complete federal ban. His proposed Stop Flock Abuse Act would impose rules governing how ALPR systems are used, require audits designed to identify improper searches and establish restrictions intended to prevent unauthorized surveillance.
That means the congressional debate is developing along two different tracks: Sanders, Ocasio-Cortez and Merkley want the federal government out of ALPR surveillance altogether and would use federal funding to push states and cities in the same direction, while Hawley is proposing to permit continued use under stronger safeguards and oversight.
Flock has said it supports congressional action establishing rules for the industry, while opposing the characterization of its technology as inherently incompatible with privacy.
“We welcome these conversations in Congress because we believe public safety technologies are powerful tools best used in concert with strong policy, accountability and oversight mechanisms,” a Flock spokesperson said in a statement.
Law-enforcement supporters of ALPR technology argue that the cameras can provide investigators with valuable leads in cases involving stolen vehicles, kidnappings, missing people and violent crimes. Because the cameras can rapidly identify a wanted vehicle traveling through a particular location, police departments say searches that once required hours or days can sometimes be performed almost immediately.
Critics counter that the same capability that makes the cameras effective for solving crimes also makes abuse extraordinarily easy: a search can potentially reveal where an individual has traveled without requiring officers to physically follow that person or, in many circumstances, obtain a warrant.
That tension has increasingly become the center of the national debate — whether the public-safety benefits of a vast interconnected camera network justify creating a searchable record of the movements of millions of Americans who are not suspected of committing any crime.
