Have you ever thought about how many times the security cameras in your city record you? Lee Schmidt, a retired veteran from Norfolk, Virginia, wanted to find out, and what he discovered he did not like at all. He found out that the company that owns the surveillance cameras that invade his city, Flock Safety, had recorded his location 526 times between February 19 and July 2, which is crazy, as he stated to NBC News. This company is responsible for providing surveillance materials that generate data, sound detectors, body-worn cameras for police officers, drones, and automatic license plate readers (ALPR).
Alongside Schmidt is co-plaintiff Crystal Arrington, whose location was recorded 849 times between February 19 and July 3. Both are represented by the Institute of Justice and have alleged that the use of this type of cameras without a warrant constitutes a violation of the Fourth Amendment. However, a spokesperson for Flock stated that in a previous case with the U.S. District Court for the Northern District of Illinois, it was established that these automatic license plate readers do not actually violate the Fourth Amendment. A senior policy analyst at the nonprofit Electronic Frontier Foundation, Matthew Guariglia, stated that it is disconcerting that ALPRs are a method of mass surveillance.
The American Civil Liberties Union (ACLU) published a report in 2022 warning that the Flock camera network was generating an unprecedented database in the United States. Furthermore, reports from the technology publication 404 Media show that local police with access to Flock have sought information to share later with the U.S. Immigration and Customs Enforcement (ICE), despite not having a contract with Flock. Garret Langley, the CEO of Flock, stated that this is neither an illegal nor unusual practice.
Flock Safety
Founded in 2017, Flock Safety is a private surveillance and security technology company. It has become one of the leading providers of surveillance equipment that generates data, as well as automatic license plate recognition (ALPR) cameras, audio sensors, body-worn cameras for police, drones, and even software products that may include databases and time maps. Flock offers a concrete model through which, via a subscription, police, companies, or homeowner associations that hire it can obtain a constant stream of surveillance data after the installation and maintenance of ALPRs.
Lawsuit in Norfolk
Retired veteran Lee Schmidt sued Flock Safety after discovering that the 176 cameras located in his city, Norfolk, Virginia, had recorded his location 526 times between February 19 and July 2. As he stated to NBC News, “That’s a very high number. It was shocking. The level of chills went up”. In his lawsuit, he specifically targets the city’s ALPRs, operated by Flock, which has an agreement with the city until the end of 2027, worth $2.2 million.
Along with Schmidt, Crystal Arrington, a healthcare worker who was tracked more than six times a day—849 times between February 19 and July 3—is also suing. Both are represented by the Institute for Justice, which alleges that the use of security cameras without a warrant constitutes a violation of the Fourth Amendment.
Does it constitute a violation of the Fourth Amendment?
According to a spokesperson for Flock, no. He argued that along with the U.S. District Court for the Northern District of Illinois, it was determined that license plate readers do not violate the Fourth Amendment. He stated, “The jurisprudence of the Fourth Amendment overwhelmingly shows that LPRs do not constitute a search without a warrant because they take point-in-time photos of cars in public and cannot continuously track the movements of any individual”.
Shared data
According to one of the lawyers from the Institute for Justice representing this case, Michael Sofyer, “These two people have been extensively monitored by the city of Norfolk. But I think they are actually emblematic of a much larger group of people whose movements are tracked every day by cities across the country that are using Flock cameras to spy on their own citizens with no suspicion of a crime”.
In addition to the alleged violation of privacy, another issue raised is that the data obtained in their databases is being shared with third parties, including the U.S. Immigration and Customs Enforcement, as warned by the American Civil Liberties Union (ACLU) in 2022. This was refuted by reports related to the tech publication 404 Media, which demonstrated that local police had shared information with ICE. Garret Langley, the CEO of Flock, stated that this is not an unusual or illegal practice, “The point is: it is a local decision. Not my decision, and not the decision of Flock”.