Federal judge calls Flock 'indiscriminate mass surveillance'

A federal judge recently deemed a Tulsa, Oklahoma sheriff’s deputy's use of Flock Safety, an automated license plate reader, unconstitutional. The ruling, issued by Judge Sara Hill, does not establish a binding precedent but marks a significant moment in the ongoing debate over the use of such technology. In her decision, Judge Hill criticized the deputy for failing to obtain a warrant before searching the Flock database for a license plate.

She argued that the deputy had no apparent reason for the search, stating, "he had 'no apparent reason' for the search 'other than the fact that [the woman’s vehicle] had a California license plate.'"

The search led to the discovery of 91 pounds of methamphetamine in the woman's car. However, Judge Hill ruled that all evidence obtained after the Flock search must be suppressed, as it originated from an unconstitutional search. In a broader critique, Hill expressed concerns about warrantless searches of the Flock database, stating that tracking individuals' locations, even in public spaces, can be constitutionally problematic.

She described the practice as "indiscriminate mass surveillance," noting that it differs from targeted surveillance, as seen in Carpenter v. United States, a Supreme Court case that addressed government access to location data from cell phones.

Judge Hill's ruling is part of a growing critique of Flock Safety from various political perspectives. Several local and state governments, including Florida and Texas, have announced their intention to stop using the technology. Additionally, Senator Bernie Sanders, a Democrat from Vermont, introduced the Block Flock Act on Friday.

This legislation aims to prevent federal agencies from utilizing automated license plate readers like Flock. Flock CEO Garretty Langley has called for a "compromise" between privacy and safety and offered an apology to women who have been targeted unfairly by law enforcement officers using the Flock system. In response to the backlash, Flock has reportedly offered voluntary employee buyouts to reduce its workforce.