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AII-1002-49013
AllegedThe record is a lawsuit, complaint or accusation that has not been decided.

Institute for Justice sues Norfolk over Flock license plate reader surveillance

The Institute for Justice filed a federal lawsuit against the City of Norfolk, Virginia, alleging that its network of 172 Flock automated license plate reader cameras violates the Fourth Amendment by enabling warrantless surveillance of drivers' movements and routines. The lawsuit argues that the AI-powered cameras make it functionally impossible for residents to drive without their movements being tracked and stored in a database.

21 October 2024 Β· City of Norfolk, Virginia Β· Privacy and surveillance
21 October 2024
AII-1002-490138 sources ↓
Quick facts
Category
Privacy and surveillance
Country
United States
Source
404 Media
Date
21 October 2024
Drafted by
Raidu Incident Detection

What happened

The Institute for Justice filed a federal lawsuit in Virginia against the City of Norfolk over its deployment of 172 Flock automated license plate reader cameras.

The lawsuit alleges that the cameras enable warrantless surveillance in violation of the Fourth Amendment, allowing the Norfolk Police Department to track citizens' movements and infer their daily routines and habits.

Reported impact

One plaintiff, Lee Schmidt, stated that four Flock cameras near his neighborhood capture the start of nearly every trip he makes, making it impossible to leave without the Norfolk Police Department potentially knowing about it.

The lawsuit claims that the camera network 'makes it functionally impossible for people to drive anywhere without having their movements tracked, photographed, and stored in an AI-assisted database.'

Index analysis

Flock cameras have been deployed in more than 5,000 communities across the United States.

Images are stored in a database for 30 days before deletion but can be downloaded and preserved indefinitely within that window.

Governance controls

In a prior Virginia case, a judge ordered evidence from a Flock camera suppressed because of Fourth Amendment concerns, with the judge noting that 'it would not be difficult for mistakes to be made tying law-abiding citizens to crime due to the nature of the Flock system.'

Flock Safety stated that 'Fourth Amendment case law overwhelmingly shows that license plate readers do not constitute a warrantless search because they take photos of cars in public and cannot continuously track the movements of any individual,' citing support from appellate and federal district courts in at least fourteen states.

Classification

Category
Privacy and surveillance
Industry
Government, security and defence
Country
United States
Harm status
Potential harm
Intent
Unknown
Timing
Unknown
Harm types
Human or fundamental rights
Harmed
General public
Consequences
Litigation
AI systems
Flock automated license plate readers
Regulations
FCRA (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

404 Media
Lawsuit Argues Warrantless Use of Flock Surveillance Cameras Is Unconstitutional
21 October 2024
Ars Technica
Lawsuit: City cameras make it impossible to drive anywhere without being tracked
22 October 2024
Forbes
Warrantless Surveillance? Federal Lawsuit Challenges Flock Safety Cameras
22 October 2024
Richmond Times-Dispatch
Group files lawsuit arguing Norfolk traffic cameras are unconstitutional
21 October 2024
Gizmodo
Omnipresent License Plate Readers Enable Unconstitutional β”œΓ³Ξ“Γ©ΒΌ~Dragnet Surveillance Program,' Lawsuit Says
22 October 2024
news.bloomberglaw.com
Virginia City Sued Over 'Unconstitutional' License Plate Readers
22 October 2024
BroBible
Lawsuit Claims AI Surveillance Cameras With Automated License Plate Readers Are Unconstitutional
23 October 2024
law360.com
Norfolk's 'Creepy' Cameras Invade Drivers' Privacy, Suit Says - Law360
23 October 2024