Re EFF, ACLU Win Court Ruling That Police Can't Keep License Plate Data Secret

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: mark seiden <mis () seiden com>
> Date: September 1, 2017 at 1:02:56 AM EDT
> To: dave () farber net, ip <ip () listbox com>, mary.shaw () gmail com
> Subject: Re: [IP] Re EFF, ACLU Win Court Ruling That Police Can't Keep License Plate Data Secret
>
> how about a private company (TLO) recording >2B vehicle license plate sightings (and adding >50M per year?
>
> http://www.tlo.com/vehicle-sightings
>
> this company also built a system for peer-to-peer traffic surveillance (looking for child porn) until TransUnion 
> acquired TLO and spun that off to a not-for-profit...
>
> http://www.search.org/law-enforcement-making-strides-in-investigating-peer-to-peer-networks-for-child-pornography/
>
> > On 9/1/17 1:44 AM, Dave Farber wrote:
> >
> >
> >
> > Begin forwarded message:
> >
> > > From: Mary Shaw <mary.shaw () gmail com>
> > > Date: August 31, 2017 at 6:05:33 PM EDT
> > > To: Dave Farber <dave () farber net>
> > > Subject: Re: [IP] EFF, ACLU Win Court Ruling That Police Can't Keep License Plate Data Secret
> > >
> > > Oh, great!  Another layer of privacy protection eliminated.  Next step is to monetize the results -- I've already 
> > > heard of town councils saying they want to use the data to identify drivers who go through their town regularly so 
> > > they can target them with ads for local businesses.
> > >
> > > Why aren't we demanding immediate (24-hour?) deletion of all public surveillance information that is not needed for 
> > > a specific investigation.  That's the only way it won't be abused.  Plus, if it's needed for a specific 
> > > investigation, there should be a warrant showing why it's needed.
> > >
> > > Mary Shaw
> > >
> > > > On Thu, Aug 31, 2017 at 3:59 PM, DAVID FARBER <dfarber () me com> wrote:
> > > >
> > > >
> > > >
> > > > Begin forwarded message:
> > > >
> > > > > From: EFF Press <press () eff org>
> > > > > Date: August 31, 2017 at 3:58:04 PM EDT
> > > > > To: dfarber () me com
> > > > > Subject: EFF, ACLU Win Court Ruling That Police Can't Keep License Plate Data Secret
> > > > > Reply-To: EFF Press <press () eff org>
> > > > >
> > > > >
> > > > >    
> > > > >
> > > > > This is a friendly message from the Electronic Frontier Foundation. View it in a web browser.
> > > > >
> > > > >  
> > > > >
> > > > >
> > > > > FOR IMMEDIATE RELEASE: THURSDAY, AUGUST 31, 2017
> > > > > Contact:
> > > > > Jennifer Lynch
> > > > > Senior Staff Attorney
> > > > > jlynch () eff org
> > > > > +1 415-436-9333 x136
> > > > >
> > > > > David Colker
> > > > > ACLU SoCal Press & Communications Strategist
> > > > > DColker () ACLUSOCAL org
> > > > > +1 213-977-5242 office
> > > > > +1 626-755-4129 cell
> > > > >
> > > > >  
> > > > >
> > > > > Electronic Frontier Foundation, ACLU Win Court Ruling That Police Can't Keep License Plate Data Secret
> > > > > Police Have Collected Data on Millions of Law-Abiding Drivers Via License Readers
> > > > >
> > > > > SAN FRANCISCO, CALIFORNIA—The Electronic Frontier Foundation (EFF) and the ACLU won a decision by the California 
> > > > > Supreme Court that the license plate data of millions of law-abiding drivers, collected indiscriminately by 
> > > > > police across the state, are not “investigative records” that law enforcement can keep secret. 
> > > > >
> > > > > California’s highest court ruled that the collection of license plate data isn’t targeted at any particular 
> > > > > crime, so the records couldn’t be considered part of a police investigation. 
> > > > >
> > > > > “This is a big win for transparency in California,” attorney Peter Bibring, director of police practices at the 
> > > > > ACLU of Southern California, which joined EFF in a lawsuit over the records.  “The California Supreme Court 
> > > > > recognized that California’s sweeping public records exemption for police investigations doesn’t cover mass 
> > > > > collection of data by police, like the automated scanning of license plates in this case. The court also 
> > > > > recognized that mere speculation by police on the harms that might result from releasing information can’t defeat 
> > > > > the public’s strong interest in understanding how police surveillance impacts privacy."
> > > > >
> > > > > The ruling sets a precedent that mass, indiscriminate data collection by the police can’t be withheld just 
> > > > > because the information may contain some criminal data. This is important because police are increasingly using 
> > > > > technology tools to surveil and collect data on citizens, whether it’s via body cameras, facial recognition 
> > > > > cameras, or license plate readers.
> > > > >
> > > > > The panel sent the case back to the trial court to determine whether the data can be made public in a redacted or 
> > > > > anonymized form so drivers’ privacy is protected.
> > > > >
> > > > > “The court recognized the huge privacy implications of this data collection,” said EFF Senior Staff Attorney 
> > > > > Jennifer Lynch. “Location data like this, that’s collected on innocent drivers, reveals sensitive information 
> > > > > about where they have been and when, whether that’s their home, their doctor’s office, or their house of worship.”
> > > > >
> > > > > Automated License Plate Readers or ALPRs are high-speed cameras mounted on light poles and police cars that 
> > > > > continuously scan the plates of every passing car. They collect not only the license plate number but also the 
> > > > > time, date, and location of each plate scanned, along with a photograph of the vehicle and sometimes its 
> > > > > occupants. The Los Angeles Police Department (LAPD) and the Los Angeles County Sheriff's Department (LASD) 
> > > > > collect, on average, three million plate scans every week and have amassed a database of half a billion records.
> > > > >
> > > > > EFF filed public records requests for a week’s worth of ALPR data from the agencies and, along with American 
> > > > > Civil Liberties Union-SoCal, sued after both agencies refused to release the records.
> > > > >
> > > > > EFF and ACLU SoCal asked the state supreme court to overturn a lower court ruling in the case that said all 
> > > > > license plate data—collected indiscriminately and without suspicion that the vehicle or driver was involved in a 
> > > > > crime—could be withheld from disclosure as “records of law enforcement investigations.”
> > > > >
> > > > > EFF and the ACLU SoCal argued the ruling was tantamount to saying all drivers in Los Angeles are under criminal 
> > > > > investigation at all times. The ruling would also have set a dangerous precedent, allowing law enforcement 
> > > > > agencies to withhold from the public all kinds of information gathered on innocent Californians merely by 
> > > > > claiming it was collected for investigative purposes.
> > > > >
> > > > > EFF and ACLU SoCal will continue fighting for transparency and privacy as the trial court considers how to 
> > > > > provide public access to the records so this highly intrusive data collection can be scrutinized and better 
> > > > > understood.
> > > > >
> > > > >
> > > > > For this release:
> > > > > https://www.eff.org/press/releases/electronic-frontier-foundation-aclu-win-court-ruling-police-cant-keep-license-plate
> > > > >
> > > > > For the opinion:
> > > > > https://www.eff.org/document/aclu-v-la-superior-court-ca-supreme-court-opinion
> > > > >
> > > > > For more on this case:
> > > > > https://www.eff.org/cases/automated-license-plate-readers-aclu-eff-v-lapd-lasd
> > > > >  
> >
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