This op-ed originally appeared in DC Journal on December 3, 2024.
In a world where AI-powered technologies are rapidly evolving, one of the most widespread and least understood systems of mass surveillance is license-plate-reading cameras (LPRs). Originally marketed as tools to aid law enforcement in tracking down stolen vehicles or enforcing traffic laws, LPRs have quickly transformed into something far more insidious: a surveillance network that captures details beyond license plates. Recently, concerns have emerged that these systems are photographing not only cars, but also political signs, bumper stickers, and other personal expressions — data that can then be stored and accessed by third parties, including law enforcement, without any warrant or oversight.
While it might be easy to dismiss concerns about privacy in this case — after all, individuals who post political signs or display bumper stickers are choosing to make their views public — the reality is far more complex. This isn’t just about whether your personal opinions are on display for the world to see. It’s about how this information is collected, stored, and potentially used in ways that invade our privacy and impact free speech. The unchecked growth of AI-powered LPR systems creates a mass surveillance infrastructure that demands stronger safeguards.
Automated license plate reader.
This goes far beyond the typical surveillance concerns over cameras in public spaces. These AI-powered systems don’t just record traffic infractions; they’re capturing every detail of the environment around them, often including the political leanings of individuals based on what they choose to display. This opens the door for misuse, as law enforcement agencies, or even private entities, could track political affiliations, protest participation, or other constitutionally protected activities. This is surveillance that erodes free expression by discouraging people from displaying their beliefs for fear of being monitored.
One of the more troubling aspects of this growing surveillance infrastructure is the way private companies are increasingly involved in collecting, storing, and selling this data. This goes well beyond the traditional concept of the “third-party doctrine,” which holds that individuals lose certain privacy protections when they voluntarily give information to a third party, like a cell phone provider or internet service. In the case of LPR technology, we’re dealing with an entirely new frontier: public-private partnerships where companies are essentially profiting from mass surveillance, then selling or giving away that data to local, state, and federal governments without any accountability.
These partnerships create a dangerous loophole. Governments that would normally be constrained by constitutional protections against unreasonable searches and seizures can simply buy access to privately held databases, bypassing the need for warrants and sidestepping the scrutiny that comes with traditional law enforcement methods. This blurs the lines between public and private surveillance, turning private companies into an extension of the state’s surveillance apparatus. This is not just a hypothetical problem — there are already numerous cases where private surveillance companies have sold data to law enforcement without any oversight, and the use of AI-powered LPR systems only accelerates this trend.
The solution is simple: we need stronger legal safeguards to protect against the abuse of these surveillance systems. Law enforcement should be required to obtain a warrant before accessing any LPR databases. This would provide a crucial layer of accountability and ensure that the state cannot use privately collected data to sidestep constitutional protections.
License plate data not just for cops: Private companies are tracking your car. Creator: Ross D. Franklin | Credit: AP file.
Recent rulings, such as a Norfolk Circuit Court decision that suppressed evidence obtained from city-owned license plate reader cameras without a search warrant, underscore the importance of respecting the Fourth Amendment and protecting individuals’ privacy rights.
Moreover, law enforcement agencies must be transparent about how LPR data is collected and stored. Individuals should have the right to know if their data is being captured and how it is being used. Currently, LPR data is often collected and stored for years, far longer than necessary for its original purpose. Without clear regulations governing the retention and use of this data, we risk creating a permanent record of individuals’ movements, affiliations, and even political beliefs — all without their knowledge.”
There is a very real possibility that license plate readers will become an Orwellian tool of mass surveillance. As these AI-powered systems continue to proliferate, we must act now to implement stronger safeguards that protect our privacy and our civil liberties. By requiring law enforcement to obtain warrants before accessing private LPR databases and ensuring transparency in how data is collected and used, we can strike a balance between the benefits of technology and the preservation of our constitutional rights.
Director of Communications