ALPR data being shared with anti-abortion states
Despite guidance from California Attorney General Rob Bonta, quite a few California police departments are sharing automated license plate reader (ALPR) data with out-of-state law enforcement agencies.
ALPR systems, like the one that Los Altos is installing from Flock Safety, take pictures of every car going by, digitize their license plate, and record their presence. Police say this helps identify stolen vehicles, which are often used in crimes -- in principle, this should reduce crime, although the evidence that it actually works is very thin.
This is a problem if someone from an abortion-restricted state travels to California for reproductive health care. By law, (AB 1242) police in California cannot assist out-of-state law enforcement in prosecuting people for coming here for an abortion. And by law (SB 34) California police cannot share any ALPR data with out-of-state agencies, according to our AG.
And yet 71 police agencies did just that, and dozens still do. Many of them have "dug in" and are refusing to abide by the AG's interpretation of the law.
As part of our Los Altos installation, City Council worked closely with the Los Altos Police Department to put in place policies to prevent abuse. That's great as far as it goes, but this situation demonstrates what we were worried about: policies are only words on a page. Once a technological capability is in place, we have to rely on perhaps unwilling participants to maintain our civil liberties. That's a tenuous place to be.
And those are only the voluntary compliance issues. It's unclear what would happen if a Florida police department were to subpoena Los Altos' ALPR data. It's even more unclear if the Florida police department went straight to Flock, and subpoenaed the information from their servers. In the very likely event that Flock complied, all of our policies and laws would be useless.
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