A little-noticed surveillance technology designed to track the movements of every passing driver is fast proliferating on America’s streets. Automated license plate readers (ALPRs) are mounted on police cars or on objects like road signs and bridges, and use small high-speed cameras to photograph thousands of plates per minute. ALPRs pose a significant threat to our constitutional rights to privacy, to be free from unreasonable searches and seizures, and to freedom of speech and association, especially when that data is shared with the federal government and other states.

Maine law limits the use of ALPRs and other automated mass surveillance. However, a company called Flock Safety has launched intensive marketing campaigns to town officials throughout Maine. They are urging town leaders to purchase these surveillance products and services, often using opaque practices to limit public input and participation in the process. One of the product’s primary features is the ability to share data nationwide with other law enforcement, including agencies like Immigration and Customs Enforcement. Flock is offering free trials and steep discounts to entice municipalities to purchase its surveillance product and participate in its data sharing scheme – all with limited safeguards and disregard for local and state law limiting this type of mass surveillance.

This type of dragnet surveillance poses a significant threat to our Fourth Amendment protection against unreasonable searches by government authorities. ALPRs have led to many invasions of privacy and abuses of power:

• License plate information in Illinois was shared with ICE, a clear violation of state law
• An Illinois police department shared Flock data with a Texas sheriff who was searching for a woman who may have been seeking an abortion – a violation of state healthcare shield laws and an invasion of the woman’s privacy and ability to travel freely
• Flock cameras have been used by law enforcement to stalk and harass their partners by finding out where they are traveling.

The ACLU of Maine has requested documents and communications about Flock Safety from Maine towns and cities that appear to be working with the company. These cities and towns include York, Lewiston, Auburn, South Portland, Portland, Falmouth, Brunswick, and Sanford. We will continue to request information from municipalities around Maine that are engaging with Flock.