When Flock Comes to Town: Why Cities Are Axing the Controversial Surveillance Technology

Flock Safety surveillance equipment is appearing in neighborhoods across the country. I spoke with experts about the tech, laws and privacy issues at play.

CNET
I'm surprised Garrett Langley still has a job, he seems wildly out of touch. For instance he really believes that his Panopticon as a service is the reason crime is down in cities, conveniently ignoring crime rates prior to COVID.

He won’t for long. The backlash is just getting started. Left or right, no one wants their whereabouts subject to constant surveillance.

His only advantage is that the cops are on his side and won’t let go of these cameras without a fight.

Nah, he's just missing a good PR campaign, there's a 30% of the population that will eat whatever their supreme leaders say they should, I'm sure they can sanewash these cameras as well.
America is pretty polarized around privacy as demonstrated by reactions to the Snowden leaks. So I think that’s a fair point.
That was over a decade ago. I wonder if it has gotten better or worse since.
It's gotten worse: I'm so tired of rampant crime that I'm up for a little surveillance. And I used to donate to the ACLU before they went crazy.

> And I used to donate to the ACLU before they went crazy.

When was that? Because in 1977 they defended Nazi's free speech to demonstrate in a town that had jewish people as half its population so it tried to block them, and I don't recall them doing anything nearly that controversial since.

https://www.aclu.org/news/free-speech/the-skokie-case-how-i-...

The Skokie Case: How I Came To Represent The Free Speech Rights Of Nazis | ACLU

In 1977, the ACLU of Illinois received a call from a Nazi leader complaining that his planned demonstration had been blocked. The ensuing legal battle, and the controversy around it, would test the organization’s commitment to the First Amendment.

American Civil Liberties Union
Yeah that’s when they actually defended free speech. They now take sides on what speech should be allowed. That’s crazy.
Exactly right. It’s more of an activist organization at this point
It's always been an activist organization. Even defending Nazis' free speech is activism. You just don't like their current activities.

> They now take sides on what speech should be allowed.

Alternative framing: Given limited resources and lots of things to care about, they pick the specific cases that best improve the freedoms they're interested in protecting.

In the case of the Second Amendment, they decided to let the NRA handle it, as that seems to be working just fine.

A disingenuous take. The ACLU has actively published anti-2A literature in the past, arguing (as all such arguments must) that only the police, government, and military forces should have access to effective weapons.
the difference is that they would not do this today

2017: the ACLU defends Milo Yiannopoulos' right to advertise his new book. They file an amicus brief in the Supreme Court supporting a Tea Party supporter challenging a ban on wearing political insignia at polling places.

2018: the ACLU supports the NRA's First Amendment challenge to Governor Cuomo's attempt to convince NY financial institutions not to do business with the NRA.

2019: they defended a conservative student magazine which was denied funding by UCSD.

2020: they filed a brief supporting antisemitic protestors picketing a synagogue on the Sabbath. They also supported a Catholic school's religious right to make religious-based choices in hiring and firing teachers.

I'm just quoting the fruits of five minutes of research here, so I won't go on (but there's more). Is it possible that you're reacting to the radical conservative stereotyping of the ACLU rather than the actual actions of the organization?

It's very possible that I'm misinformed, but if so it was mostly from reading 'radical conservatives' like the NYT and other related reporting, along with ex-ACLU lawyers. [0]

0: https://www.nytimes.com/2021/06/06/us/aclu-free-speech.html

I think this is particularly noted as a post-2022 shift

Once a Bastion of Free Speech, the A.C.L.U. Faces an Identity Crisis

An organization that has defended the First Amendment rights of Nazis and the Ku Klux Klan is split by an internal debate over whether supporting progressive causes is more important.

The New York Times
Ha ha ha, you think it'll be used to help you? A hit and run drived totaled my car at an intersection with cameras, the cops would not even show up even though it was all on camera. When I called insurance they didn't bat an eye, the claims person pretty obviously was used to this happening all the time and didn't even question why I wasn't able to get a police report.

Yup. Some "teens" can riding down my street with a pellet gun shooting at the cars. They ended up breaking 3 to 5 windows. It probably cost us collectively $3000++.

The only problem with the license plate readers is that the "teens" drive cars with fake tags. They deliberately copy the plate numbers from some granny with the same model. Makes it fun when the SWAT team knocks on Granny's door.

No one wants their whereabouts subject to constant surveillance, except everyone who carries a “normal” cell phone, in other words not a burner.
Yes but you can always leave your phone behind if you want to drop off the map. Flock makes that borderline impossible.
You can remove your license plate, you will get pretty far before it actually gets you pulled over.
Actually, that won’t work. The flock cameras don’t only rely on license plate information. They use “AI” to determine the make model and color of your car as well as any outstanding features, such as bumper stickers or roof racks.

Leaving a cellphone behind is legal still. Removing a license plate is breaking the law.

Drawing an equivalence is foolish.

Do people who carry normal cell phones do so with the active desire to have their whereabouts subject to constant surveillance?
I'm very in favor of speed & redlight cameras and don't have a particular problem with license plate trackers. I think we partisan-ize far too many things nowadays, unfortunately.
Maybe you're also in favor of some light reading
https://constitution.congress.gov/constitution/amendment-4/
U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of the Fourth Amendment of the Constitution of the United States.

you think speed cameras violate the 4th amendment?

No but license plate requirements pretty clearly violate the 4th and/or 1st amendment, IMO. And without being required to have your license plate searched (registration 'papers' forced to be displayed) at all times without even an officer presenting RAS or PC of a crime, these cameras become a lot less useful.

I don't see how removing the cameras is compatible with the first amendment, but if you have the right of "speech" to record me in public chasing every place I go in a manner that is the envy of any stalker, I ought to have the right of "speech" not to "say anything" (compelled speech of showing my plate).

It really doesn't seem like the courts agree that you have a right to travel via car without a visible plate.

The courts have been wrong about many things, sometimes for centuries before they've fixed it. Some things they think they've interpreted correctly now that they'll turn around and interpret some other way later.

Trying to interpret viewing and recording the plate as speech but not displaying it as speech is trying to have your cake and eat it too. If the camera can stalk my car everywhere and record it under auspices of 'speech', it's only logical I can hide it as 'speech.'

Is the law obligated to be logical like that? As you note it already doesn't have to be consistent over time, there's no particular reason it must be consistent in who it applies to.

You shouldn't pin your ideals on anything as flawed as the Constitution of the US. It was barely a workable system to begin with, and who knows how long it can last now.

Driving a motor vehicle on public roads is a privilege that many of the morons I share the road with seem to take for granted. If they are allowed
to drive then I want their plate identifiable on video from my dash cam.

Automated mass surveillance of license plates should also be illegal.

Courts are currently wrestling with this.

https://www.oyez.org/cases/2017/16-402

> The government's warrantless acquisition of Carpenter's cell-site records violated his Fourth Amendment right against unreasonable searches and seizures. Chief Justice John Roberts authored the opinion for the 5-4 majority. The majority first acknowledged that the Fourth Amendment protects not only property interests, but also reasonable expectations of privacy. Expectations of privacy in this age of digital data do not fit neatly into existing precedents, but tracking person's movements and location through extensive cell-site records is far more intrusive than the precedents might have anticipated.

Or in United States v. Jones (cited in https://www.ca4.uscourts.gov/opinions/201495A.P.pdf):

> Although the case was ultimately decided on trespass principles, five Justices agreed that “longer term GPS monitoring . . . impinges on expectations of privacy.” See id. at 430 (Alito, J., concurring); id. at 415 (Sotomayor, J., concurring). Based on “[t]raditional surveillance” capacity “[i]n the precomputer age,” the Justices reasoned that “society’s expectation” was that police would not “secretly monitor and catalogue every single movement of an individual’s car for a very long period.”

It seems clear these cameras can hit some kind of threshold where they're common enough and interlinked enough to amount to unconstitutional surveilance. We don't know exactly where that threshold is yet.

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The courts made polygraphs submittable legal evidence used to convict people, and still use them on people under supervision (because lesser standards apply).

Precedent is often crap and wrong until someone can find a good case paired with good lawyers to rectify.

I agree with you generally but taken to the extreme this argument very easily goes to "precedents I agree with should be venerated because they're precedents and precedents I disagree with are wrong" silliness.

"Precedent is often crap" isn't really the basis for any cohesive judicial philosophy or legal thought process.

I'm not aware of any precedent anywhere that approaches "ALPRs violate 4A" territory, it's when other stuff happens that's beyond simply "$lp_id was seen by $camera on $datetime" that I've seen courts start to talk about reasonableness and privacy.

Cameras like Flock which fingerprint the driver and non-registration vehicle information (e.g. light brightness, damage, driving style, etc.) to generate a best-guess as to the driver of the car absolutely does.

Both of these camera systems also usually come with a kangaroo civil court of sorts. Last time I looked at red light camera distribution in Texas it was also fairly obvious that they were only installing them in poorer areas.

These systems were largely disliked bipartisanly because of those factors.

The value of red light cameras is debatable. I've copied the conclusion from a DoT study below (1):

This statistically defendable study found crash effects that were consistent in direction with those found in many previous studies, although the positive effects were somewhat lower that those reported in many sources. The conflicting direction effects for rear end and right-angle crashes justified the conduct of the economic effects analysis to assess the extent to which the increase in rear end crashes negates the benefits for right-angle crashes. This analysis, which was based on an aggregation of rear end and right-angle crash costs for various severity levels, showed that RLC systems do indeed provide a modest aggregate crash-cost benefit.

The opposing effects for the two crash types also implied that RLC systems would be most beneficial at intersections where there are relatively few rear end crashes and many right-angle ones. This was verified in a disaggregate analysis of the economic effect to try to isolate the factors that would favor (or discourage) the installation of RLC systems. That analysis revealed that RLC systems should be considered for intersections with a high ratio of right-angle crashes to rear end crashes, higher proportion of entering AADT on the major road, shorter cycle lengths and intergreen periods, one or more left turn protected phases, and higher entering AADTs. It also revealed the presence of warning signs at both RLC intersections and city limits and the application of high publicity levels will enhance the benefits of RLC systems.

The indications of a spillover effect point to a need for a more definitive study of this issue. That more confidence could not be placed in this aspect of the analysis reflects that this is an observational retrospective study in which RLC installations took place over many years and where other programs and treatments may have affected crash frequencies at the spillover study sites. A prospective study with an explicit purpose of addressing this issue seems to be required.

tl;dr - it's complicated. There are places RLCs make sense and places they don't. Expecting local government to know the difference... good luck with that.

1 - https://www.fhwa.dot.gov/publications/research/safety/05049/

> no one wants their whereabouts subject to constant surveillance

But sadly lots of people want everyone else subject to it, and some are willing to submit to it themselves to get it. It's not a foregone conclusion.

I was recently at a "town hall" meeting in my community and spoke with a older woman about Flock cameras. Initially she was not concerned about it and was generally in favor of the idea.

I agreed that there could be benefits but that the downside is that they know when and where you go to church, or the grocery, or where you get your hair done, or even when you go on vacation. Her eyes lit up and I she replied that she would have to think about that a bit.

I'm not saying that I changed her mind, but that bringing the consequences down to something she could understand was much better than yelling from the rooftops. Mentioning church is especially impactful with a lot of older folks.

In talking with many of the older people in my community about Flock, they initially defer to what our police department says it needs. A few things made them reconsider:
- This is not about our police. This is about all the outside organizations that can watch us.
- Focusing on Flock specifically. Once the cameras are given a name, people can start to form a better opinion fueled by the readily available bad press Flock is producing.
- With the focus on Flock, the YouTube videos elsewhere in this topic do a great job of explaining how crappy their security is and how they're lying to their customers about it. Which brings it back to, this isn't about our local police — it's about the company that's an unworthy partner.

Good job talking to your community. The first step is that people are aware of the cameras - for my neighbors, most did not know about them, and immediately found it creepy.

i think politicians have seriously underestimated how much people don't like crime, and most people would take constant surveillance if it could actually improve feelings of safety in urban environments.
Enforcing public safety effectively is one of the most pro-democracy things you can do. Otherwise people use democracy to elect public safety authoritarians like the wildly popular Bukele and Duterte.

So we should 1984 the crap out of ourselves because if we don't we'll elect an authoritarian who'll 1984 the crap out of us?

Reminds me of this classic: https://static.poder360.com.br/2020/11/2020-11-07-22.31.49.j...

Yeah, I'm all for public safety in theory but seems like these days that's just a dog whistle for "go hard on whatever sort of petty deviance I don't like" and so I'm unwilling to support things like that in the default case. It's all just so tiresome.

I read OP differently. I thought they said "we should invest in non-dystopian public safety[1] to avoid dystopian populist creating a 1984 version of public safety".

[1]: I imagine this includes things like mental heath help, housing, and other related social safety nets.

I think it's also true that many people are wildly out of touch when they think about how "safe" their local municipality is.

The Bay Area is objectively safe, for example, yet I constantly run into neighbors in affluent neighborhoods who are afraid of venturing various places, letting their kids play outside or bike to school, or just generally exploring around.

I was at a BayFC match last weekend, for example, and ran into the family of an acquaintance from my elementary daughter's school. They have an 8th grader and are trying to get an intra-district transfer approved for high school so she doesn't have to go to the neighborhood school where a student brought a ghost gun on campus 3 years ago (he was arrested and successfully prosecuted, and no one was hurt)... and instead go to the local school where a handful of kids arranged their bodies in a swastika pattern on the football field (and photographed it!) several months ago. My point isn't that either of these crimes is acceptable, but that people tend to be irrational and ignorant of statistical analysis. Both of these are good schools with better than average student outcomes, but families consistently bring their own prejudices into analysis and it creates mild chaos & havoc across the system overall.

[flagged]
San Francisco homicide rate is like what, 2x Berlin and 3x London, so Berlin is half a Mad Max?

Often what we criminalize is stupid.

Giving away food to homeless is a crime in many places. Bad capitalism.

Feelings of insecurity are manufactured relative to the danger posed:

https://ourworldindata.org/does-the-news-reflect-what-we-die...

Does the news reflect what we die from?

What do Americans die from, and what do the New York Times, Washington Post, and Fox News report on?

Our World in Data

It is antithetical to capitalism as well. The whole basis of capitalism is property rights, and it generally encourages the public doing things themselves instead as private individuals instead of relying upon a bureaucrat or public agency to do everything unless there is a major reason not to.

And here they are telling you that you cannot use your own property to help alleviate issues in your community. That sounds more like an exaggeration of Communist attempts at division of labor and to 'organize' a civilization.

> Giving away food to homeless is a crime in many places. Bad capitalism.

How is this due to capitalism?

I mean, I can maybe see how you can tie it to NIMBYism, and from there to capitalism through the desire to maintain or increase property values. But that's a stretch, and only one mechanism

There are many drivers for this type of regulation, some more well-meaning than others. Most of them would not go away simply because we ceased private ownership of the means of production

Does he really believe it or is it his job to say he really believes it?
Could he tell the difference?
"Garrett Langley" sounds like what they renamed the villain in Le Mis for an American audience.
Another POV is, they didn't invent cameras or drones, they aren't philosophers / employ any great or influential thinkers, nobody at Flock has won an election, all they really have done is sell some stuff that is easily defeated by a guy with a hammer or spray paint. I'm not sure he has another chance at a big Pay Day in his life, so in such desperate circumstances it will take something really criminal (or souring with VCs) to end this appearance in public life.

For those unfamiliar, you can read more about the flock safety cameras themselves here:

https://consumerrights.wiki/w/Flock_license_plate_readers

And more about the company behind the cameras:

https://consumerrights.wiki/w/Flock_Safety

Flock license plate readers

Flock License Plate Readers (previously known as Flock Safety Falcon), are a network of AI-powered surveillance cameras that record vehicle data for law enforcement...

Consumer Rights Wiki

Musician-turning-tech anarchist (?) Benn Jordan is making a very interesting series of videos about Flock cameras, their poor safety, and their gray-area interfacing with local governments:

https://www.youtube.com/watch?v=UMIwNiwQewQ

https://www.youtube.com/watch?v=uB0gr7Fh6lY

https://www.youtube.com/watch?v=vU1-uiUlHTo

https://www.youtube.com/watch?v=Pp9MwZkHiMQ

I recommend them.

It's Time to Take Down your Smart Cameras 😬

YouTube
Super worth a watch. Lots of technical tidbits also.

Wow thank you for sharing this I had no idea this guy existed!

There’s more of us techno anarchists out there apparently!

Those were great to watch, thanks!

Also, I can't help but feel like I'm watching a young Dr. Emmett Brown.. Great Scott!!