The Expanding Net of Surveillance: How license Plate Readers Chill First Amendment Rights
automatic license Plate Readers (ALPR) are rapidly becoming ubiquitous, and a recent Electronic Frontier Foundation (EFF) examination reveals a troubling trend: these systems aren’t just tracking criminals, they’re being used to monitor and potentially suppress lawful protest and activism.This isn’t a hypothetical concern. Our analysis of ALPR data demonstrates a clear pattern of surveillance targeting individuals engaged in protected First Amendment activities, raising serious questions about privacy and freedom of assembly.
Beyond Criminal Investigations: Targeting Activism
The EFFS research uncovered numerous instances where law enforcement agencies specifically searched ALPR data for vehicles associated with protests and activist groups. This includes documented surveillance of Direct Action Everywhere (DxE) activists, who have faced both criminal prosecution and intense scrutiny for their animal rights advocacy. DxE, anticipating this level of monitoring given the intelligence gathering by industrial farming interests, wasn’t surprised to find themselves under law enforcement watch.
This targeting highlights a critical expansion of ALPR’s scope. It’s no longer limited to investigating traditional crime; it’s being deployed against those challenging powerful industries and exercising their basic right to dissent. For animal rights activists, and likely many others, the knowledge that their movements are being tracked creates a chilling effect, hindering their ability to organize and demonstrate effectively.
The Data Doesn’t Lie: A Vast Surveillance Network
ALPR systems operate by capturing data on every vehicle that passes within range, creating a massive database of location information on innocent people. This isn’t about identifying suspects; it’s about constant, pervasive monitoring. Our analysis focused on searches where agencies explicitly cited protests as the reason for querying the system, but this is likely just the tip of the iceberg.
Approximately 20% of the searches we reviewed used vague terms like “investigation,” “suspect,” or “query,” potentially masking surveillance of protests, politically motivated prosecutions (like those seen in abortion cases), or even personal misconduct by law enforcement. While Flock safety, a major ALPR provider, has implemented a policy requiring officers to specify a crime, this change is unlikely to prevent abuse and could even facilitate it through carefully chosen justifications.
Protecting Yourself in the Age of ALPR
This data confirms that ALPR surveillance is being used to target First Amendment-protected activities, and will likely continue to be. Individuals concerned about their privacy should proactively consider their “threat model” - the level of risk they face and the steps they need to take to mitigate it.
practical steps include:
* Choice Transportation: Bike, walk, carpool, or use public transportation to reach protests.
* Strategic Parking: Park further away from the protest location and walk the remaining distance.
* Privacy Resources: Consult the EFF’s Surveillance self-Defense project for comprehensive guidance on protecting yoru privacy while traveling to and attending protests.
A Call to Action for Local Officials
For local governments considering or already utilizing ALPR systems, this investigation should serve as a stark warning. Systems marketed as enhancing community safety can easily become tools for suppressing dissent and eroding fundamental rights. The most effective way to protect your communities is to shut down these camera networks altogether.
Everyone deserves the right to speak out against injustice without fear of being added to a government database. Protecting this right requires vigilance, awareness, and a commitment to safeguarding our fundamental freedoms in the face of ever-expanding surveillance technologies.
Resources:
* EFF DeepLinks: Flock Safety and Texas Sheriff Claimed License Plate Search Was Missing person, It Was an abortion Prosecution
* Kansas.com: Officer Stalking a Spouse
* Flock Safety Blog: Policy pulse - Transparency, Control, and the Path Forward
* EFF Surveillance Self-Defense
* [EFF: Attending a Protest](https://ssd.eff.org/module/attending-protest#things-to-be-aware-of-while-travel
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