> A recipient of assistance under Title 23, United States Code, may not use automated license plate readers for any purpose other than tolling
This one-liner amendment is its own poison pill: it will also outlaw traffic enforcment, cameras used to ticket people who run red lights or speed, since neither are tolling.
Sponsors from both parties, but the effect is anti-Democratic. Currently per rough search:
- 9 states prohibit speed and red-light cameras - 8 Republican (and Maine)
- 5 states expressly permit speed cameras - 4 Democrat (and Tennessee) (CA permitting red-light)
Obviously this reduces revenues (in democratic cities) and also drives police/traffic employment. Perhaps ICE abuse and union employment motivates the Democratic sponsor (Jesus "Chuy" García - parents are Teamsters, himself in a retail union). I would have encourage him to permit the use for tolling AND traffic enforcement.
How did traffic enforcement work before these systems?
* Toll enforcement (the only thing allowed by the law)
* Speeding enforcement
* Parking enforcement
* Real-time alerting for vehicles that could be pulled over if you knew nothing other than the vehicle's identity. Stolen, unregistered, uninsured, amber-alert, etc. [1]
I think the following are all unreasonable, and I think most people would agree with me:
* Selling the data for any commercial purposes (perhaps with the exception of aggregated statistical data)
* Mining the data "suspicious patterns of activity".
I think the following is reasonable, but some people may disagree:
* Retaining the data for a limited time, so that if a crime is reported involving a specific vehicle, you can look back for sightings of the vehicle contemporaneous with the crime to help catch the bad guys.
Given my thoughts on what is and is not reasonable, I think the ideal policy is one that focuses on limiting retention, limiting sharing, and limiting the types of queries that can be performed on the data. Something like:
* Can retain the data for 90 days. Data that is evidence of a specific crime can be kept longer with the evidence file for that crime, and destroyed when the investigation is done.
* Can use the data where knowing a series of (time, place) pairs for a vehicle is probable cause of an infraction (or toll due). This covers speeding and parking and tools and red lights and registration/etc, but doesn't allow looking for suspicious patterns of activity.
* Can query the data for sightings of a specific vehicle with reasonable suspicion that the vehicle was involved in a crime. Need to keep records of these queries to identify abuse. Maybe need to notify owner when such a query is made.
* Can not disclose the data to third parties, except in the case when they agree to follow all these same rules (so you can share with other departments or law enforcement service providers, but that doesn't enable an end-run around the rules)
[1]: And I think it's important here that if data about a vehicle be eligible to be pulled over knowing nothing but it's license plate is out of date or otherwise wrong, then someone gets in serious trouble. Otherwise nobody is incentivized to keep their database up to date.
The problem with these types of tools are that they provide a foothold into absolute enforcement, not just for current laws you find reasonable, but for all future laws from all future administrations which may not be reasonable.
Why should these cameras used for speeding enforcement today be used to track down protesters the admin decides to label as terrorists or legal immigrants who attended a pro Palestine rally tomorrow? They shouldn't.
What would stop that from happening? Nothing.
A friend entertained the idea of a startup focused on a social dashcam site, where users can upload clips of bad drivers tagged with their license plate number, and smart dashcams can alert to bad drivers in real time. They got as far as asking a lawyer before it fell apart.
You want to search a database? Go to a judge, give your probable cause, get approval. No exceptions and no automated aggregation of tracking across jurisdictions.
First is that local and state governments have been deploying 1984 for enforcement of petty matters for which dispensing "real" enforcement labor can't be justified economically politically a or both. The feds are fine with this because they can get at that data. What they're not fine with is that it's pissing people off. The feds are worried that this could turn into court and legislative precedents that make things harder for them. For example the DEA doesn't want their flagship I95 surveillance corridor to get nerfed because NYC went too far with it's own pet project and laws got made in response. They'll happily tell the states "no you can't do this thing we do" in order to preserve their own ability to do the thing.
Second is that the feds don't like that the public is becoming soured on the regulatory hackjobs of the 1970s that were hailed as great successes at the time. As the country becomes more divided people are realizing that the current "have the feds grand fund everything at least in part" paradigm results in strings that nobody wants being attached to everything. So doing one little thing that everyone agrees on is seen as a way to say "look we can do good with this power we really shouldn't have in the first place".
I want to see Flock banned as much as the next person, but we can't throw the baby out with the bathwater here.
[1] https://www.nyc.gov/html/dot/html/pr2025/nyc-dot-speed-camer...
The point of these cameras is not to "catch" people speeding or running red lights, but to prevent them from doing it in the first place; the idea is that normal law abiding drivers are more likely to drive carefully if they are likely to be fined for their mistakes. Optimizing for the 90% case would mean supporting their rollout.
[1] https://en.wikipedia.org/wiki/Motor_vehicle_fatality_rate_in...
You mentioned "more serious crimes", but what about the case where LEOs in Texas track women who go to get an abortion in another state? Or police officers who stalk their exes? Or an oppressive government that wants to know who went to a protest? Once the tool exists you can't assume it's only going to be used in a way you like.
Garcia's own municipality, with a progressive mayor, vehemently disagrees with this proposed amendment. So does the blue state he represents.