Bernie Sanders' Ban Flock Act Targets Federal License Plate Surveillance
Bernie Sanders' Ban Flock Act would bar federal ALPR use, pressure local bans, cap approved retention at 48 hours, and permit lawsuits in federal court.
Summary
Senator Bernie Sanders, D-Vermont, introduced the Ban Flock Act on Friday, with Representative Alexandria Ocasio-Cortez, D-N.Y., and Senator Jeff Merkley, D-Ore., as co-sponsors. Despite its name, the bill does not mention Flock and covers every automatic license plate reader system. It would bar federal agencies from operating ALPRs or accessing data collected by local police and private companies. Exceptions cover toll collection and uses authorized by future legislation, which must cap retention at 48 hours. Starting in the first fiscal year after enactment, states and localities that do not ban ALPRs would lose grants from five federal departments, including Justice and Homeland Security. Americans could sue the federal government, and state attorneys general could enforce the law, although passage faces long odds.
Sanders identifies Flock as the largest U.S. ALPR vendor, with more than 120,000 cameras. Flock said in February that its network processes over 20 billion vehicle reads monthly. Amid community protests, suspensions and accelerating contract cancellations, CEO Garrett Langley reduced default retention in August from 30 days to seven. Customers must also use an audit tool that locks officers out pending review of unusual searches. A former Milwaukee officer pleaded guilty to misconduct after searching 179 times for his then-partner and her ex while citing an investigation. Investor Jason Calacanis proposed requiring two people to approve searches, and Langley said the idea is on Flock’s whiteboard.
Positives
- Future congressional exceptions would require ALPR data to be deleted within 48 hours.
- Americans could sue the federal government for violations, while state attorneys general could independently enforce the law.
- Flock reduced its default retention period in August from 30 days to seven.
- Flock customers must use an audit tool that locks officers out while unusual searches undergo review.
- Alexandria Ocasio-Cortez and Jeff Merkley joined Bernie Sanders as congressional co-sponsors.
Risks & concerns
- Flock operates more than 120,000 cameras and processes over 20 billion vehicle reads each month.
- A former Milwaukee officer searched for his then-partner and her ex 179 times before pleading guilty to misconduct.
- States and localities retaining ALPRs would lose grants from five federal departments beginning the first fiscal year after enactment.
- Community protests, suspensions and accelerating contract cancellations show widening opposition to Flock’s technology.
- The Ban Flock Act faces long odds of becoming law despite its enforcement and funding provisions.