Cameras on Trash Trucks, Buses, and in Robotaxis – Everywhere In the 1998 dramedy The Truman Show, the title character (played by Jim Carrey) is the unwitting star of a reality TV show he doesn’t know exists. When Truman makes funny faces in front of the mirrored medicine cabinet, a hidden camera installed behind his pill bottles captures his every silly expression. When he sings to himself in the car, a camera and microphone inside the dashboard radio catch his performance. Truman is tracked by cameras in streetlights, vending machines, traffic signs, and even the ring his father gave him. The movie follows Truman Burbank as it gradually dawns on him that he has been constantly surveilled all his life, and that his mother, wife, and best friend are all actors, playing roles in a reality show that millions of people watch. Almost thirty years later, Americans are coming to the dispiriting realization that we are all Truman now, reality TV stars tracked by cameras everywhere. PPSA has reported on the ubiquity of Ring doorbell cameras and the national network of Flock Safety cameras and other automated license-plate readers (ALPRs). As in The Truman Show, there is so much more. If you live in a city where robotaxis operated by companies such as Waymo, Zoox, and Tesla are available, the driverless cars you ride in have interior cameras and sensors watching you. Aarian Marshall of Wired reports that questions remain about how companies collect, retain, and use passenger data. Then there are trash trucks. An Alabama-based company, City Detect, has contracts to install AI-equipped cameras on sanitation trucks to capture and analyze images of homes and lawns, flagging possible code violations involving tall grass, litter, graffiti, and more serious problems. The system assigns a “Blight Score” to properties. City Detect says it has flagged 6 million violations nationwide, leading to “courtesy notices” informing residents that an inspector might come to their homes and issue a citation. One resident of a low-income neighborhood in Dallas told a local television news show that he felt the system was “trying to flush us out.” Cameras are also being installed on city buses in Los Angeles to catch cars illegally parked in bus lanes, and on the sides of school buses in Austin to detect cars that fail to stop when school buses are unloading children. Each of these uses has a justification. Communities have a right to keep neighborhoods clean and orderly. Buses need clear lanes to make mass transit work. Robotaxi companies need to know if passengers are vandalizing a vehicle or doing something dangerous. And children need to be protected from drivers who whip around stopped school buses. The problem is that cameras can easily be repurposed. The same cameras that watch for tall grass, parked cars, drunk passengers, and dangerous drivers can also watch the rest of us – adding another layer of public surveillance to that created by Flock and other ALPRs. As a nation, we are creating a system of ubiquitous surveillance, sometimes without knowing who is watching and why. When St. Lucie County, Florida, ordered Flock cameras removed from county roads, officials discovered 11 cameras with no permits, publicly identified owners, or obvious purpose. Who installed those 11 road cameras? Who has access to their data? Why the secret surveillance? In the movie, after Truman learns what is happening to him, he asks the show’s creator, “Was nothing real?” “You were real,” replies the creator, played by Ed Harris. “That’s what made you so good to watch.” Freedom from Dragnet-Style Surveillance “Is Not a Foreign Concept in Our Society”PPSA has long warned that Flock Safety’s camera network enables police to reconstruct Americans’ movements without meaningful judicial oversight. Now a federal judge in Oklahoma has drawn a constitutional line. As 404 Media reports, Tulsa County Deputy Sheriff Freddie Alaniz queried Flock after spotting a Mazda with California plates. At that point, the out-of-state plate was Alaniz’s only reason for querying the car’s location history. He continued to look up the car’s travel history during the stop, while he was questioning the driver. That travel history was reason enough for him to justify searching her vehicle, where officers discovered 91 pounds of methamphetamine. In United States v. Kyle, U.S. District Judge Sara E. Hill ruled that the warrantless search of Melisa Kyle’s historical location information violated the Fourth Amendment. That search revealed more than 50 sightings of the car across the country over an entire month. Hill also found that the deputy unlawfully extended the traffic stop. She ordered the resulting evidence suppressed. Judge Hill wrote: “This is a type of indiscriminate mass surveillance. It is a tool that collects information about all vehicles that pass by any network-connected camera at all times, and it serves up the information to law enforcement on demand.” The distinction between ordinary observation and persistent tracking is at the heart of Judge Hill’s ruling. She added: “Freedom from persistent, dragnet-style surveillance while in public is not a foreign concept in our society, and it is a reasonable expectation that society already accepts.” PPSA recently documented police Flock searches justified with entries such as “LOL,” “sexy,” and “idk.” We have also examined proposals for independent oversight, strict retention limits, and auditable searches on automated license-plate readers. These safeguards deserve attention. But paperwork cannot substitute for probable cause and a warrant when police search revealing histories of our movements. Hill’s reasoning confronts the central problem – technological convenience cannot erase constitutional protections. Judge Hill concluded: “The government cannot go snooping through our personal lives and business without an adequate basis to do so.” This ruling does not bind other courts, and Flock expects it to be appealed and overturned. But Judge Hill’s declaration is a needed warning shot that the balance between surveillance and freedom is seriously out of whack in this country. Congress and state legislatures should heed her warning. Americans should not have to surrender their privacy every time we turn the ignition. Stingray Technology Must Answer to the Fourth Amendment The federal judiciary is beginning to catch up with how far and how fast technology is taking us from the Constitution and its guarantees of our civil rights. In June, the U.S. Supreme Court held in Chatrie v. United States that the government conducts a Fourth Amendment search when it obtains a target’s cellphone location history through a geofence warrant. More recently, a federal judge in Oklahoma found that a deputy sheriff’s warrantless search of historical location information collected through Flock Safety’s automated license-plate reader network was unconstitutional. And little more than a week ago, the U.S. Court of Appeals for the Fourth Circuit held that police use of a cell-site simulator to pinpoint a cellphone’s location constitutes a Fourth Amendment search subject to the warrant requirement. Make no mistake, this is a landmark decision that marks the first time a federal appeals court has squarely resolved that question. Cell-site simulators are devices that impersonate cellphone towers, tricking nearby cellphones into transmitting identifying signals. These devices, often called “stingrays” after one brand of simulators, allow police to pinpoint the location of cellphones. PPSA has long warned that stingrays reach beyond a targeted suspect, sweeping in nearby devices and raising serious concerns about surveillance of peaceful protesters. FBI nondisclosure agreements have also helped conceal their use from defendants and courts. The case decided by the Fourth Circuit concerns Baltimore police officers who used a simulator called Hailstorm in 2014 to locate Kerron Andrews – suspected of attempted murder – inside a particular townhouse. Information from his cellphone provider had narrowed his location to several blocks. The simulator took officers to his front door. Its use remained undisclosed to his counsel for a year. Judge Nicole Berner, writing for the majority joined by Judge Toby Heytens, explained: “This technology is akin to sense-enhancing technology that allows the government to peer into a private home, which the Supreme Court has repeatedly held requires a warrant.” The Fourth Circuit followed the logic of Kyllo v. United States (2001), in which the Supreme Court ruled that police use of thermal-imaging technology to detect heat emanating from a home constituted a Fourth Amendment search. The opinion in Andrews v. Baltimore City Police Department found that using a cell-site simulator to locate Andrews inside a home was similarly invasive. It didn’t help the government’s case that the police tried to abide by their NDA with the FBI by hiding their use of the cell-site simulator behind a warrant application for a different kind of surveillance, called a pen register/trap and trace device. The Fourth Circuit underscored the importance of its opinion: “Despite the ubiquity of cell-site simulators, no federal court of appeals has squarely addressed whether law enforcement’s use of this technology for real-time tracking of a cellphone constitutes a search for purposes of the Fourth Amendment. Today, we hold that it does.” This was not a personal victory for Andrews. Despite having spent two years in pretrial detention, Andrews’s civil suit against the police department and detectives cannot proceed. The Fourth Circuit ruled that because the constitutional issue was not clearly established in 2014, the police are entitled to qualified immunity. The majority did not decide whether the existing court order, which initially narrowed the search to a few blocks, satisfied the constitutional warrant requirement. This case is another sign that courts are sharpening constitutional boundaries. Police cannot evade the protections surrounding a home by electronically reaching inside it. And Americans should not have to choose between carrying a cellphone and enjoying their privacy. PPSA applauds this ruling. The next step must be meaningful accountability and full disclosure when stingrays are used. A secret surveillance tool must never become a secret exception to the Fourth Amendment. Chatrie v. United States |
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