Dear John,
I want to update you on IJ’s efforts to challenge the spread of warrantless surveillance technology and how our work is encouraging ordinary Americans to speak up for their Fourth Amendment rights.
As technology advances, courts cannot shirk their duty to apply the enduring principles of the Constitution.
Across the nation, we’re witnessing the rapid expansion of automatic license plate reader (ALPR) cameras, many from a company called Flock Safety. These cameras, now in thousands of cities nationwide, systematically record and track the movements of innocent individuals—without a warrant. Unlike traditional red light or speed cameras, Flock’s cameras capture every vehicle that passes, uploading this information into a AI-powered centralized database and creating unique “vehicle fingerprints.” This technology enables authorities to reconstruct a detailed map of your daily movements, all without any suspicion of wrongdoing.
As part of our Project on the Fourth Amendment, IJ filed a first-of-its-kind federal lawsuit against the city of Norfolk, Virginia, over its use of more than 170 ALPRs. There, IJ is representing residents who want police to do what they’ve always done when they track people: Get a warrant.
In February, a judge rejected Norfolk’s attempt to dismiss the case. Belatedly, Flock realized IJ’s lawsuit would not go away and tried to intervene on Norfolk’s side. The judge blocked this, saying the company had gambled on the case being dismissed and allowing them in would “throw this case off the rails.” Now, our lawsuit heads toward trial.
