WASHINGTON — An amendment in a bipartisan House bill could sharply limit how law enforcement agencies use automated license plate readers, even as the FBI is reportedly seeking expanded access to nationwide ALPR data.
The amendment, sponsored by U.S. Reps. Scott Perry, R-Pa., and Jesús “Chuy” García, D-Ill., would prohibit recipients of federal highway funding from using automated license plate readers “for any purpose other than tolling,” according to the amendment.
The one-line amendment was introduced on May 21 as part of a House Transportation and Infrastructure Committee markup of a five-year federal surface transportation reauthorization bill.
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If adopted, the measure could have a sweeping impact on state and local ALPR programs because many jurisdictions receive federal highway funding through Title 23. WIRED reported the restriction would effectively require agencies to remove ALPR systems or limit their use to toll collection.
The proposal comes as ALPR technology faces growing scrutiny from privacy advocates, state lawmakers and civil liberties groups. The systems use fixed cameras, mobile units or patrol vehicle-mounted devices to capture license plate numbers, vehicle images, locations and timestamps. Police agencies use the data to help locate stolen vehicles, identify suspect vehicles, investigate violent crimes and support missing person cases.
Public safety technology company Flock Safety, which operates one of the country’s largest ALPR networks, has said the technology gives agencies a way to quickly identify vehicles connected to crimes and share information across jurisdictions. In response to WIRED, a Flock spokesperson pointed to a shooting spree in Austin, Texas, where police officials said ALPR technology helped identify suspects connected to shootings and other crimes.
At the same time, ALPR use has become a flashpoint in debates over data retention, information sharing and warrantless access to vehicle location data. Privacy advocates argue that while one license plate scan may reveal little on its own, large databases of scans can be used to build detailed records of a person’s movements over time.
The debate is also playing out at the federal level.
The FBI is pursuing a contract worth up to $36 million for access to nationwide ALPR data through a cloud-based platform, 404 Media reported.
Documents tied to the FBI solicitation outline a broad effort to build what the bureau describes as a multi-vendor network of ALPR tools and data sources covering the United States and its territories. According to the FBI’s statement of work, which was published on May 14, the bureau is seeking systems that allow agents and analysts to search by license plate, vehicle description, date, time and geolocation, while also providing access to cameras and records “across the United States and its territories.”
The solicitation also calls for near real-time search capabilities, persistent tracking searches, geofencing tools, map visualizations and hot-list alerts, along with access to commercial and law enforcement camera data. The FBI said in the documents that no single vendor would likely meet its needs and that it intends to create a “storefront of approved LPR tools” through a multi-award contract structure.
The FBI effort appears to move in the opposite direction of the House amendment: While one proposal would limit state and local ALPR use to tolling, the reported FBI contract would expand federal access to vehicle-location data.
Law enforcement agencies have long described ALPRs as an investigative tool that can help generate leads faster, especially in cases involving stolen vehicles, kidnappings, shootings and wanted suspects. Meanwhile, civil liberties groups have criticized that type of access as a way for federal agencies to obtain location information without the warrant process typically required for cellphone location data.
The issue has already surfaced in several states. In Illinois, Secretary of State Alexi Giannoulias said last year that an audit found Flock had violated state law by giving U.S. Customs and Border Protection access to Illinois ALPR data. Flock later said it would pause federal pilot programs nationwide, according to WIRED.
Other states have considered measures focused on data retention and access. In Washington, lawmakers advanced a bill earlier this year that would set rules for ALPR use, including limits on how long agencies may retain data unless it is needed for an investigation.
