Balancing Public Safety and Privacy Rights in the Digital Age Benjamin Feist, Legislative Director ACLU of Minnesota Because Freedom Can’t Protect Itself
Feb 10, 2016
Balancing Public Safety and Privacy Rights in the Digital Age
Benjamin Feist, Legislative DirectorACLU of Minnesota
Because Freedom Can’t Protect Itself
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About the ACLU-MN
Nonpartisan, nonprofit organization dedicated to protecting the civil liberties of all Minnesotans under the United States and Minnesota constitutions.
Promote our mission through litigation, public education and lobbying efforts
Affiliate of the national ACLU organization, which has over 500,000 members
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About the ACLU-MN
Not opposed to the use of new technologies in policing, but safety should not come at the expense of civil liberties
Ally and resource on privacy issues
Example: Recent cell phone tracking bill in MN
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New Technologies
Automatic License Plate Readers (ALPR)
Drone Surveillance
Police Body Cameras
Cellular Exploitation Devices
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New Technologies
Powerful new tools allow law enforcement agents to monitor and record individuals’ movements in unprecedented way
Technology is becoming cheaper
Digital data is easier to store, access, and manipulate
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Privacy Issues Overview
Most new technologies used at state and local level
Courts and legislatures have not been able to keep up with rapidly advancing technology
Data retention and classification issues
Public awareness and concern
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Privacy Issues Overview
Feb. 2014: Minneapolis Star Tribune poll found that 63% of those surveyed were “somewhat” or “very concerned” about the amount of personal information that the State of Minnesota and law enforcement collect on individuals
• http://www.startribune.com/politics/246050161.html.
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Mosaic Theory of the 4th Amendment
Cumulative approach to the evaluation of data collection
Long-term surveillance on individuals provides a much richer picture than the discrete data points
More protective of privacy because obtaining and analyzing the full “mosaic” may constitute a Fourth Amendment search even if none of the individual “tiles” trigger constitutional scrutiny
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Automatic License Plate Readers (ALPR)
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Automatic License Plate Readers (ALPR)
Cameras mounted on patrol cars or stationary objects (telephone poles, underside of brides, etc…)
Take a photo of every license plate that passes by, digitizes them and checks plates against databases
Provides an alert to a patrol officer whenever a match or “hit” appears.
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Automatic License Plate Readers (ALPR)
Can help police to recover stolen cars and arrest people with outstanding warrants
Also, routinely stores location information on a vast number of innocent people
Core principle that the government does not invade privacy and collect info on innocent activities just in case citizens do something wrong in the future
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ALPR Controversy in Minnesota
August 2012 media reports on ALPR data retention and classification
Then-Minneapolis Mayor R.T. Rybak’s car was recorded 41 times in the preceding year
Plate data was “public” under MN’s public records law
Now under “temporary classification” until August 2015
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ALPR Legislation
Continuing divide between privacy advocates and law enforcement over retention period for “non-hit” data
ACLU-MN position: limited retention, judicial oversight
Other potential issues: Sharing and selling of data Classification of data (privacy vs. transparency) Use as evidence
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Drone Surveillance
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Drone Surveillance
Unmanned aerial systems (UAS), a/k/a unmanned aerial vehicles (UAVs), a/k/a “drones”
Used for scientific research and agriculture to military and law enforcement operations
Regulated by the FAA, but mounting pressure to expand use
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Drone Surveillance
Who uses (or plans to use) drones? Federal government Some law enforcement Aerial photography Hobbyists Commercial delivery (proposed) University research Other governmental entities
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Drone Use by Law Enforcement
Unlike helicopters or other police vehicles because not subject to practical limitations of manned vehicles:
Helicopters are costly and require trained pilots, launch pad, and flight and ground crews
Rather, drones are cheap, small and quiet
Able to track precise movements
View evidence inside private areas
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Drone Use by Law Enforcement
At least 14 states have already passed laws regulating domestic drone use
ACLU-MN position: Warrant requirement for surveillance in private areas, with
emergency exceptions Data on bystanders should be deleted promptly Government body approval before acquisition Annual reporting on use
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Police Body Cameras
Replacing dashboard cameras in many departments
Technology is getting cheaper
Can increase officer accountability and reduce “he said, she said” arguments
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Police Body Cameras
Need policies on when the cameras are turned on and off
Privacy concerns: Individual victims recorded Potential to invade privacy in homes Recordings may become public
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Resources
ACLU National Reports:
You Are Being Tracked: How License Plate Readers Are Being Used to Record Americans’ Movements (July 2013), https://www.aclu.org/files/assets/071613-aclu-alprreport-opt-v05.pdf
Protecting Privacy from Aerial Surveillance: Recommendations for Government Use of Drone Aircraft (December 2011), http://www.aclu.org/files/assets/protectingprivacyfromaerialsurveillance.pdf
Because Freedom Can’t Protect Itselfwww.aclu-mn.org