Cops Play Hide and Seek About Using Spy Tech to Avoid Scrutiny and Bad PR

Across the United States, law enforcement is turning to spying technologies like automated license plate readers (ALPR), cell-site simulators, and facial recognition systems. These tools have sparked controversy over civil rights and civil liberties concerns. Some authorities are attempting to conceal their use of these technologies to sidestep public scrutiny and potential bad press.

Police departments are instructing officers not to mention ALPRs during vehicle stops and to keep their usage a secret in reports unless absolutely necessary. Some jurisdictions are even going so far as to label the ALPRs as "county resources" rather than acknowledging their specific use. In Houston, police are advised to be as vague as possible when explaining why they employ Flock's surveillance system, knowing that searches conducted on the system could be accessed through public records requests.

While hiding ALPRs has become more prominent due to recent backlash, such practices are far from new. For decades, police have concealed the use of other surveillance technologies and misled the public, court systems, and defendants about their methods. This includes using "evidence laundering" techniques, where evidence gathered through clandestine methods is presented as if obtained through traditional means.

The misuse of cell-site simulators, or "stingrays," has also raised red flags. These devices trick cell phones into connecting to them, allowing police to locate suspects without a warrant by obtaining basic pen register orders from courts. Despite landmark rulings protecting against warrantless use, police continue to employ deceptive tactics to conceal their actions.

Attorney general offices, such as the U.S. Marshals, have even gone to great lengths to obstruct public records requests. However, organizations like the Electronic Frontier Foundation (EFF) are committed to uncovering and shedding light on these surveillance technologies to protect civil liberties. They're urging policymakers to restrict warrantless mass surveillance and prevent its unwanted proliferation.