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In 2017, Metro Council passed - with just 2 no votes - a set of guardrails around gov't surveillance for the first time. The bill called for Council approval and public hearings on major expansions of surveillance. It also banned invasive fixed-position license plate readers. 1/
There is now a bill that would open the floodgates for these readers - both a major expansion of police powers and a new threat to the safety of Nashville residents. I've offered an amendment that would instead build a framework around (already legal) mobile readers. 2/
So let's talk about LPRs: surveillance devices that can photograph the back of your car and the car's occupants, scan your license plate, and place the photos in a database alongside your plate number, and the location, time, and date. These data/photos become public record. 3/
So what are the problems here? The list is long.
1. The database on every citizen's movement who lives, works, or travels around these LPRs would be available to all Tennessee residents to obtain, including would-be stalkers, harassers, & other criminals. That data can then 4/
1. The database on every citizen's movement who lives, works, or travels around these LPRs would be available to all Tennessee residents to obtain, including would-be stalkers, harassers, & other criminals. That data can then 4/
be used to target individuals, understand what traffic patterns are around certain locations at certain times, or surmise when particular homes are likely to be vacant. Obviously, these are all dangers.
2. Data from LPRs are often faulty. The Vallejo CA police analyzed data 5/
2. Data from LPRs are often faulty. The Vallejo CA police analyzed data 5/
from fixed LPRs and found that 37% of "hits" were misreads of plates. More than one in three!!
One such misread led police to stop four children as young as 6yo at gunpoint & force them to lay face-down on the pavement. https://www.9news.com/article/news/local/aurora-police-chief-says-she-is-deeply-troubled-after-her-officers-detained-and-handcuffed-kids-while-mistaking-a-car-for-stolen/73-bb653e17-a208-4f21-a972-c5d0f0889bfc 6/
One such misread led police to stop four children as young as 6yo at gunpoint & force them to lay face-down on the pavement. https://www.9news.com/article/news/local/aurora-police-chief-says-she-is-deeply-troubled-after-her-officers-detained-and-handcuffed-kids-while-mistaking-a-car-for-stolen/73-bb653e17-a208-4f21-a972-c5d0f0889bfc 6/
3. This is a major enhancement of police power. We love the stories where that power is used for good. But we don't know what our police department (or the mayor's office that controls it) will look like in the future. And recall this summer, 7/
felony warrants were issued (and subsequently recalled) against @brotherjones_ and @JeneishaCHarris in an embarrassing and terrifying episode. https://www.tennessean.com/story/news/local/2020/06/05/police-reversal-riot-warrants-nashville-protesters/3155197001/ https://www.nashvillescene.com/news/pith-in-the-wind/article/21136326/announcement-of-charges-against-activists-ends-in-debacle-for-mnpd The Chief who oversaw that is gone but the same system remains in place. 8/
There are plenty of examples of LPR use specifically that either were the result of bad policy or violated police department's policy. Here are a few:
* In Virginia, at the request of the federal government, law enforcement used license plate readers to determine who attended 9/
* In Virginia, at the request of the federal government, law enforcement used license plate readers to determine who attended 9/
political rallies of both parties leading up to the 2008 election, as well as attendees of the 2008 Presidential Inauguration, and they retained that data until they were compelled to delete it a full three years later. https://richmond.com/news/local/crime/state-police-recorded-license-plates-at-obama-inauguration/article_32678a59-f9e1-5e46-8336-d5f4ba076cb7.html 10/
* An LPR company called Vigilant Solutions contracted with U.S. Immigration and Customs Enforcement (ICE) to share the data captured by its LPR network. ICE then uses that data to target immigrants. https://www.aclu.org/blog/immigrants-rights/ice-and-border-patrol-abuses/documents-reveal-ice-using-driver-location-data Vigilant is currently vying for Nashville's business. 11/
On this same topic, various local police departments share their data with ICE, often in violation of local privacy laws. Worth noting: a local privacy law trying to stop this practice can be preempted by the state.
* Law enforcement agencies have used LPRs to surveil Muslim 12/
* Law enforcement agencies have used LPRs to surveil Muslim 12/
communities. In New York, police targeted mosque parking lots and nearby streets with LPRs.
* Law enforcement have used LPRs to target suspected gang members. Lists of gang members are notoriously unreliable, often relying to vague or contradictory criteria. They can include 13/
* Law enforcement have used LPRs to target suspected gang members. Lists of gang members are notoriously unreliable, often relying to vague or contradictory criteria. They can include 13/
huge numbers of names, overwhelmingly people of color, who can't challenge their inclusion. And in Chicago, the Inspector General found that entries raised serious concerns about how officers "perceive and treat the people with whom they interact." 14/
* A police lieutenant in Washington pleaded guilty to using license plate reader data to blackmail patrons of a bar frequented by members of the LGBT community. https://www.wsj.com/articles/SB10000872396390443995604578004723603576296
* The AP found countless instances of 15/
* The AP found countless instances of 15/
police abuse of databases, ignoring safeguards and policies in order to track love interests and journalists. https://apnews.com/article/699236946e3140659fff8a2362e16f43
* A study published by the U.S. Department of Justice - seriously - found “significantly lower levels of trust in police” among subjects who 16/
* A study published by the U.S. Department of Justice - seriously - found “significantly lower levels of trust in police” among subjects who 16/
encountered mentions of law enforcement using license plate readers as compared to a control group. https://nij.ojp.gov/library/publications/impact-license-plate-recognition-technology-lpr-trust-law-enforcement-survey
SO. With all that said... the dangers from open records data... the potentials for abuse and misuse, what's the upside look like? 17/
SO. With all that said... the dangers from open records data... the potentials for abuse and misuse, what's the upside look like? 17/
Certainly, if you're hoping to catch someone on your "bad guy list," there needs to be an officer VERY nearby to respond before the bad guy makes a turn and is lost. How often is that the case around town?
And while some criminals might travel by LPRs blissfully unaware, 18/
And while some criminals might travel by LPRs blissfully unaware, 18/
many will take evasive action. Like taking neighborhood streets instead of arteries. Or stealing plates more often to stay ahead of the "bad guy list." Or buying one of the many available license plate covers or license plate sprays intended to obscure your plate from LPRs. 19/
Simply put: advocates are overselling the benefits of LPRs and ignoring the many drawbacks of LPRs that endanger everyone but specifically communities that already face systemic dangers.
My amendment to this flawed and extreme legislation represents a far more prudent step 20/
My amendment to this flawed and extreme legislation represents a far more prudent step 20/
for Councilmembers who would like to see how LPRs work in Nashville. Current law allows mobile LPRs, like those inside a police cruiser.
My amendment 1) defines some specific allowable uses for those, 2) allows no data retention, only immediate matches with the 21/
My amendment 1) defines some specific allowable uses for those, 2) allows no data retention, only immediate matches with the 21/
"bad guy list," 3) requires visual confirmation of the supposed match, 4) allows the DA or public defender to investigate misuse and request the Council suspend use, and 5) requires quarterly reporting to the Council for evaluation. 22/
This is a serious issue with significant repercussions, and it is my hope that the Council will proceed with extreme caution and great thoughtfulness. /end
