Digital finger scans are nothing new. They’ve been a source of controversy across the U.S. and worldwide for quite some time, causing both privacy advocates and IT security professionals to sound warnings about their use and potential for abuse.
YCPD Chief Kahley Reneges on Promise to Deliver Data Policy to the Public
Eight months after Councilman Michael Helfrich called on Chief Wes Kahley and the York City Police Department to release a policy on the city’s use of automatic license plate scanners, the stonewalling continues.
Despite multiple reassurances from the York City Police Department that a policy outlining protective measures would be released publicly, the city has yet again denied my Right-To-Know request for records associated with the operation of the scanners.
Predictive Analysis and Automated Suspicion: The New Sheriff’s In Town
Local police want to supplant officer discretion, a flawed model in and of itself, and replace reasonable suspicion with a mechanized software program. YCPD Captain Russel Tschopp said it best, when describing local officers’ reliance on technology, he said “we need computers that think for us”.
YCPD Captain: “We Need Computers That Think for Us”
Chief Kahley says the policy was authored in accordance with guidelines from the International Association of Chiefs of Police license plate scanner Privacy Impact Assessment report.
In order to safeguard innocent citizens from the threat of wholesale, retroactive surveillance and location tracking, it’s imperative that a commensurate set of checks and balances be put in place to offset the department’s enhanced surveillance capacities. The following are my suggestions.
Police Want to be able to “Google Search” Your Mobility Patterns
Data Retention – How long will the police department be storing information gathered from license plate scanners? Infomation not associated with an on-going criminal investigation should be purged within 14 days.
Information collected by scanners contains significant amounts of data including the time, date and GPS coordinates of each scan. Accumulated data can be collated and data-mined to reveal innocent citizens driving patterns. One Minnesota mayor found that out the hard way. The Department of Homeland Security has directed local police agencies to profile citizens and create ‘individualized threat mosaics’ based on their location patterns.
Information Sharing – Will the department be releasing data captured from the scanners to other public and/or private agencies? Information not associated with an on-going criminal investigation must not be shared with other law enforcement or private agencies.
This should be self-explanatory. It’s not always so simple, though. Some license plate scanner vendors function as a third-party data warehouse, storing information from scanners in shared regional spaces and automatically sharing data on innocent citizens driving patterns through an intranet spread among various government agencies by way of fusion centers.
Hot Lists – What type of cars will police look for? Will police look for cars with information shared from other departments? Information shared with the department by other public/private agencies, which is not related to on-going criminal investigations, must not be stored and used by the department.
Due to the relative ease of sharing data from license pate scans, and evidence that prolific amounts of sharing occur, we must safeguard against private contractors and other law enforcement agencies sourcing data on innocent citizens and sharing the data with the department. This is a loophole that would allow local police to off-load surveillance to a third party.
The Trap Door
I filed two Right-To-Know requests that were both denied by the city, citing ‘homeland security’ as an exemption. If history is any indicator, be on the lookout for phrases such as “except for public safety” and the like. It’s likely the department will go to any means to maintain its retroactive surveillance capacities intact. Remember, after all, that it’s been over a year and if it weren’t for consistent public pressure the chief would have never even considered drafting a policy, let alone making it public.
Urge council to act now to protect York residents’ privacy interests
York City Police Chief Wes Kahley recently said his department is ready to deploy license plate scanners. As a privacy activist, I’d like to remind the citizens of York of the potential surveillance impacts inherent with the devices. The scanners allow police to automatically scan upwards of 1,500 plates per minute. Along with a photograph, the devices record the GPS coordinates of each scan.
In a short amount of time, the devices will allow police to compile a detailed database of innocent citizens’ mobility patterns. The Department of Homeland Security has issued memorandums instructing police agencies to compile individualized predictive mosaics on citizens based on where they travel in a particular geographic area. This information is then compiled in a database and shared with other law enforcement agencies, and sold to private data mining companies.
In July 2012, American Civil Liberties Union affiliates in 38 states sent requests to local police departments and state agencies that demand information on how they use automatic license plate readers (ALPR) to track and record Americans’ movements.
On the same day, the ACLU and the ACLU of Massachusetts filed federal Freedom of Information Act requests with the Departments of Justice, Homeland Security, and Transportation to learn how the federal government funds ALPR expansion nationwide and uses the technology itself. Read the full story here…
While you’re at it, read about our records requests to the City of York, demanding full disclosure on how the York City Police Department uses its automatic license plate scanners; you’ll be shocked to learn the results.
How do you feel knowing that York City Police are keeping detailed records of your daily movements and whereabouts? We feel it’s an affront to one of the basic principles of a free society – the right to be left alone. Citizens are to be presumed innocent, but with its automatic license plate scanners, the York City Police Department is watching everyone closely and without prejudice under a pall of unmitigated suspicion. If you’re unfamiliar with the specific reasons why we’re concerned about police use of automatic license plate scanners, listen to my interview or read our earlier coverage for more information. Or just keep reading.
Video of York city council discussion regarding YCPD’s proposal to deploy automatic license plate scanners in York. If you missed it, our background coverage can be found here
Update: Manuel Gomez joined constitutional lawyer Paul Rossi on WHP 580’s Bob Durgin show to discuss York city’s proposal for automatic license plate scanners. Listen to the interview below.
For Immediate Release Sunday, September 04, 2011
Contact: York County Libertarian Party Evan Mentzell – Secretary press@yorklp.org http://www.yorklp.org/press
York County Libertarian Party Calls for Moratorium on Deployment of Automatic License Plate Scanners
York, PA – The York County Libertarian Party (York LP) is raising opposition to a measure proposed by the council of the City of York, which would authorize the York City Police Department to purchase Automatic License Plate Scanners.
A Bill authorizing the purchase of automatic license plate scanners is scheduled to be introduced during York City council’s legislative session on Tuesday, Sept. 06 at 7pm in York’s city council chambers.
The York LP is calling on public officials in the City of York to table the measure until proper oversight and deployment restrictions are judiciously explored and implemented with the full and open participation of the public. Members say the proposal raises concerns over the protection of innocent citizens’ privacy.
“We need full oversight as to how the data will be collected and stored, and answers to whether or not citizens’ private data will be collated and sold to private companies,” said David Moser, Chair of the York County Libertarian Party, speaking during a special meeting on the topic.
Automatic License Plate Scanners have been deployed in various municipalities throughout the nation in recent years, often used to locate, track, and seize vehicles found to be without insurance coverage, vehicles registered to individuals who owe taxes and municipal fees, and even overdue library charges. “We offer the opportunity to the City of York, that we can be the vanguard of openness and transparency and show that these systems can be properly implemented and utilized free and clear of abuse if proper citizen engagement and access is granted early on in the process”, said Mr. Moser.
Contact: York County Libertarian Party Evan Mentzell - Secretary press@yorklp.org http://www.yorklp.org/press
York County Libertarian Party Calls for Moratorium on Deployment of Automatic License Plate Scanners
York, PA - The York County Libertarian Party (York LP) is raising opposition to a measure proposed by the council of the City of York, which would authorize the York City Police Department to purchase Automatic License Plate Scanners.
A Bill authorizing the purchase of automatic license plate scanners is scheduled to be introduced during York City council's legislative session on Tuesday, Sept. 06 at 7pm in York's city council chambers.
The York LP is calling on public officials in the City of York to table the measure until proper oversight and deployment restrictions are judiciously explored and implemented with the full and open participation of the public. Members say the proposal raises concerns over the protection of innocent citizens' privacy.
"We need full oversight as to how the data will be collected and stored, and answers to whether or not citizens' private data will be collated and sold to private companies," said David Moser, Chair of the York County Libertarian Party, speaking during a special meeting on the topic.
Automatic License Plate Scanners have been deployed in various municipalities throughout the nation in recent years, often used to locate, track, and seize vehicles found to be without insurance coverage, vehicles registered to individuals who owe taxes and municipal fees, and even overdue library charges. "We offer the opportunity to the City of York, that we can be the vanguard of openness and transparency and show that these systems can be properly implemented and utilized free and clear of abuse if proper citizen engagement and access is granted early on in the process", said Mr. Moser.
For more info: http://yorklp.org/press Contact: email: press@yorklp.org
Automatic License Plate Scanner mounted on a York City Police patrol car.