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License plate reader searches should require a warrant

andrewpwheeler.com

71–80 of 423 posts

Re: License plate reader searches should require a warrant

#72
post #29

Earlier quoted context omitted.

> I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Scale actually matters. Things that are generally OK at a small scale become problematic at larger scal…

Great, now rigidly define scale...

You don’t need to do that, actually. The legal system in the United States is highly capable of sussing out descriptions like “undue or unreasonable”.

Re: License plate reader searches should require a warrant

#73
post #40
post #2

It frustrates me when people call them license plate readers. I guess you need to call them something, but they are general-purpose internet connected cameras. They will do whatever their firmware tells them to do, and could be reprogrammed at any time by anyone with access. No one expected doorbell cameras to join a mass surveillance network, but later the manufacturers added that feature. Why do we treat these came…

It's simply because the language hasn't caught up with the technology yet. A similar problem happens in courts where legal terminology hasn't caught up with technology. There's no malintent with it, it just means that the public conversation hasn't gotten to a point where these distinctions can easily be made to a wider audience. We'll get there.

The claim that there’s no mal intent to copaganda comes off as weirdly apologist.

Do you really think people don’t know how they’re framing the situation when they choose to use language this way? It’s all just an innocent misunderstanding, that just so happens to serve the interest of existing power structures?

Re: License plate reader searches should require a warrant

#74
Here's a case study of what happens when this information is public (it's linked as the "data-driven" series). This information should not exist unless the plate is flagged and the reason for that is sufficient to obtain a warrant. https://www.eff.org/deeplinks/2026/04/open-records-laws-reve...

Re: License plate reader searches should require a warrant

#75
post #29

Earlier quoted context omitted.

> I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Scale actually matters. Things that are generally OK at a small scale become problematic at larger scal…

But then scale doesn't actually matter. If you have a problem with something that "everyone does" then you should have a problem with something only a few people do.

It's not about many people vs. few people. It's about a single person doing little with a lot of effort vs. a single person doing an enormous amount with minimal effort.

Re: License plate reader searches should require a warrant

#76

Earlier quoted context omitted.

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

As someone who strongly opposes flock cameras... This is a huge problem that people will try to sweep under the rug or hand wave away with wording like "It's the scale the matters". Ideally, laws need to be written like programs are, where fundamental rules of the system are derived and programmatically put into action. So words like "scale" mean nothing. "I need the variable to go negative when the scale is large".…

> Ideally, laws need to be written like programs are, where fundamental rules of the system are derived and programmatically put into action. So words like "scale" mean nothing.

> Legally it's a very challenging problem to create a "programmatic differentiation" from the kind of camera use we want, and the kind we don't want.

I don't think that's ideal at all. The questions you're asking already have been answered, judges. It's their whole job to understand that scale changes things.

I get the instinct to be able to objectively codify things, especially in this community, but the law is based on morality and philosophy. Until someone comes up with a perfect solution to the trolley problem, we need a human in the loop making judgements.

More on topic, there's a reason why we have different terms for surveillance and mass surveillance. They feel very different and mass surveillance enables much different behaviors of bad actors.

Re: License plate reader searches should require a warrant

#77
post #59

Earlier quoted context omitted.

Former law enforcement officer here. I can say that when we conducted surveillance, we weren't allowed to use equipment that wasn't common for normal people to use. So for example, I couldn't use some sort of long-distance microphone to overhear a conversation between two people in public because a normal person wouldn't have that same type of technology. I think this applies in this context to say that a cop just sc…

That's not a good argument against ALPRs because citizens can theoretically set up an ALPRs too.

True, but I’d imagine if a few techies in the community setup an open-ALPR network and started a website “where is the police chief and all his family vehicles .com” that the police department’s views towards the free and open use of such data without a warrant would change quite quickly. So long as that data was only collected on public streets it would be perfectly legal.

Re: License plate reader searches should require a warrant

#78
post #29

Earlier quoted context omitted.

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

> I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Scale actually matters. Things that are generally OK at a small scale become problematic at larger scal…

It's not about scale, it's about oversight. A warrant puts a lock on the data until the request is approved. Leaving it wide open is the reason we have constant news stories about police being arrested for stalking people. Nobody wants to limit the police's ability to investigate crimes, but we do want them to use their power to investigate crimes, not to stalk their baby mama, crush, rival, etc. I fully understand and accept your point that there is no real difference between a cop watching and the cop setting (or hiring) a camera to watch, and I even believe that the more data available the more humanity benefits, and that a total absence of privacy as we know it is inevitable, I think we are not there yet culturally, so strictly requiring warrants for police to access these systems is desirable.

Re: License plate reader searches should require a warrant

#79
post #2

It frustrates me when people call them license plate readers. I guess you need to call them something, but they are general-purpose internet connected cameras. They will do whatever their firmware tells them to do, and could be reprogrammed at any time by anyone with access. No one expected doorbell cameras to join a mass surveillance network, but later the manufacturers added that feature. Why do we treat these came…

> Why do we treat these cameras like they can do only one thing?

Because its useful messaging to disarm the populace. "License plate reader" sounds less alarming than "Internet connected camera" or "Mass surveillance device."

Public attitudes vary around a "license plate reader" but will be more uniformly opposed to "Widespread, automated government mass surveillance tracking your every move via camera in real time"

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