For Immediate Release: June 29, 2021
Victory: Appeals Court Strikes Down Baltimore’s Use of City-Wide, Daytime Aerial Surveillance to Spy On and Track Citizens
RICHMOND, Va. — In a victory for efforts to curtail the government’s spying powers, a federal appeals court has found that the City of Baltimore’s use of aerial surveillance to continuously track and monitor the activities of citizens throughout the city violated the Fourth Amendment.
The Fourth Circuit Court of Appeals’ ruling in Leaders of a Beautiful Struggle v. Baltimore Police Department found that the city’s use of an Aerial Investigative Research program, which uses plane-based cameras to record ground movements and was integrated with other city surveillance systems, unreasonably intrudes on the privacy of individuals. A coalition of policy groups including The Rutherford Institute, Electronic Freedom Foundation, National Assn. of Criminal Defense Lawyers, and Brennan Center for Justice filed an amicus brief in Leaders arguing that the comprehensive collection of data and tracking of over half a million people every day is a severe infringement on privacy rights and chills the exercise of the rights of speech and assembly protected by the First Amendment
“We’re on the losing end of a technological revolution that has already taken hostage our computers, our phones, our finances, our entertainment, our shopping, our appliances, and now, it’s focused its sights on us from the air,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By subjecting Americans to surveillance without their knowledge or compliance and then storing the data for later use, the government has erected the ultimate suspect society. In such an environment, there is no such thing as ‘innocent until proven guilty.’”
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