Legislative Framework for Ending Police ALPR Mass Surveillance

• Automated License Plate Readers (ALPRs) have evolved into an interconnected nationwide surveillance network, threatening individual privacy.
• The Electronic Frontier Foundation (EFF) advocates for a complete statewide ban on police ALPR use as the only effective protection for civil rights.
• Where outright bans are not politically feasible, states should implement strict limits on real-time use, data storage, and police search capabilities.

The Risks of ALPR Infrastructure

• ALPR systems enable mass surveillance of innocent drivers, with data frequently misused to target protesters, immigrants, and those seeking sensitive healthcare.
• Law enforcement officers have documented cases of using these databases for personal motives, including stalking romantic partners.
• These systems incentivize dragnet surveillance, which functions as a digital equivalent of colonial-era "writs of assistance."

Proposed Legislative Restrictions

• Statewide Bans: Prohibit all state and local law enforcement from acquiring or using ALPR systems, mandating the decommissioning of existing hardware and deletion of historical data.
• Real-Time Use Limits: Confine ALPR functionality to matching plates against warrant-authorized "hotlists" and mandate immediate deletion of all other data within minutes.
• Warrant Requirements: Require judicial warrants for adding plates to hotlists, except in immediate life-safety emergencies, and limit such additions to investigations of serious violent crimes.
• Storage and Search Limitations: Impose strict retention caps (measured in days, not months), prohibit "geofence" searches of stored data, and require probable cause warrants for any retrospective searches.
• Transparency Mandates: Require 30-day public notice before procurement, maintain a public registry of camera locations, and mandate independent annual audits of usage logs.

Enforcement Mechanisms

• Private Right of Action: Allow individuals to sue law enforcement agencies for violations, mirroring federal wiretap laws.
• Exclusionary Rule: Render all evidence derived from unlawful ALPR usage or storage inadmissible in court proceedings.
• Operational Sanctions: Revoke the authorization to use ALPR technology for agencies or vendors that exhibit recurring patterns of non-compliance.