Raising new concerns about mass surveillance, Senator Bernie Sanders has introduced legislation designed to prevent federal agencies from using advanced license plate scanning tools.
The Ban Flock Act—publicly announced on Friday—seeks to bar federal government agencies from utilizing automatic license plate readers (ALPRs) or accessing data these devices collect through police departments or private organizations. Also championed by Representative Alexandria Ocasio-Cortez (D-N.Y.) and Senator Jeff Merkley (D-Ore.), this bill is intended to constrain government surveillance powers amid widespread privacy concerns triggered by ALPR system proliferation.
Broad Prohibitions and Specified Exceptions
Although the Act’s title refers to Flock Safety, the largest ALPR supplier in the U.S., its constraints apply to all ALPRs used by or made accessible to government agencies via any third party. The measure lays out two specific exceptions: it permits ALPR use for toll collection and allows future, narrowly designated purposes that Congress may approve. In these instances, collected data must be deleted within 48 hours.
In furthering its reach, the Act would place tough compliance requirements on state and local authorities. If these jurisdictions do not ban ALPRs as directed beginning the fiscal year following the Act becoming law, they would risk losing access to grant funding from five agencies, such as the Department of Justice and Department of Homeland Security.
Legal Tools and Enforcement
Should the Ban Flock Act become law, it would empower individual Americans to sue the federal government if it violates the law. Explicit authority would also go to state attorneys general to undertake enforcement actions.
ALPR providers such as Flock Safety have been at the center of debate, fueling this legislative push. According to Senator Sanders, Flock runs a network with over 120,000 cameras nationwide, processing more than 20 billion license plate reads per month across the country. With its value surpassing $8 billion, Flock has increasingly faced scrutiny from privacy advocates and communities nationwide.
Public Response and Industry Adjustments
Cities have increasingly challenged ALPR surveillance by terminating contracts, freezing ALPR use, and organizing protests to resist further rollout of surveillance cameras. Responding to this wave of criticism, Flock Safety’s CEO Garrett Langley announced changes this August, shortening the company’s standard data retention window from 30 days to just seven, and deploying an audit tool that curtails database access for officers when suspicious search activity appears.
Such reforms follow well-publicized cases of ALPR misuse—including misconduct by a former Milwaukee police officer, who admitted to 179 improper Flock system searches tied to acquaintances. Stakeholders have proposed additional safeguards, such as a “double-key” protocol requiring two people to approve database requests, which Flock is reportedly considering.
Future Unclear for Legislation
As with most bills addressing privacy, the Ban Flock Act confronts significant obstacles in Congress, leaving its fate unresolved. Yet this proposed law underscores intensifying attention to privacy rights, technological surveillance, and federal access to Americans’ movements on public roads.