What Flock’s defenders are missing — MIT Technology Review

RESOLVING THE LEDGER

What Flock’s defenders are missing — MIT Technology Review | AIPROPX

Flock, the police-tech giant known for its network of some 120,000 automatic license plate readers around the US, announced some changes to its platform last Thursday. The updates are meant to prevent officers from using the platform for illegal or illegitimate purposes.

That includes stalking. The Washington Post recently identified 50 cases in which officers misused systems from Flock and its competitors, often to stalk and harass women. One woman in Wisconsin alleged that her officer ex-boyfriend searched for her car 179 times. Another woman was being stalked by the chief of police, with nobody to report him to.

Flock has responded with practices aimed at ensuring that officers have a proper cause for every search, like using software to flag abnormal searches and requiring searchers to enter a criminal case number.

The changes come with big loopholes, though. For example, officers can enter bogus case numbers, just as they’ve lied to get around other Flock safeguards. The policies also don’t address some of the broader concerns from civil liberties and privacy groups that Flock is turning what was sold as a crime-stopping tool into a mass surveillance network. These criticisms have led to a growing backlash that already has some cities canceling contracts and some states trying to pass laws to limit or ban license plate readers entirely.

Amid all this, there have recently been several arguments defending Flock: If these cameras help solve crime, what’s the big deal? On a good day they might help catch a kidnapper, and if not, they’re simply snapping pictures of my car that nobody will bother to look at.

Putting aside the unanswered question about the extent to which Flock’s systems actually do solve or prevent crime, this all skips over a more important question: What kind of crime-fighting system has Flock chosen to build? Its network works the way it does because of a series of decisions about what information to collect, who can search it, how long to keep it, and how widely to share it. Those decisions set the terms of the bargain between security and civil liberties. Believing that technology should play a role in solving crime should not mean blindly accepting the terms of that bargain.

Consider, for example, its new requirement that officers enter a case number before running a search on Flock’s platform. This is meant to ensure that searches have a legitimate purpose. But Flock confirmed to MIT Technology Review that it doesn’t verify those case numbers, so an officer can simply enter fake information. One could imagine a system that instead requires case numbers that match the police department’s records—a more intrusive integration, perhaps, but also a far stronger safeguard and one that leaves a more useful audit trail.

Or what about finding people who have been kidnapped or have gone missing, the use case that Flock cites more than any other? Efforts to solve these crimes would hugely benefit from Flock’s nationwide network of cameras. But if Americans want officers to tap into that network only for this purpose, we could design it that way: Searches tied to an active Amber Alert, or a similar emergency, could perhaps access larger amounts of data from surrounding cities. That would preserve the network’s value in emergencies without requiring people to accept mass surveillance.

Finally, there’s the question of how much data Flock collects and how long it’s kept. Flock mostly operates as a national network: Police in one city or state can search data collected in another, and agencies can retain that data for months or years. Yet Flock itself says 90% of searches happen within a week of an incident. That suggests another possible bargain: Keep and share data only as widely and for as long as it’s actually useful for solving crimes. (The company recently changed its recommended retention time to seven days, but in reality agencies can hold onto data for as long as they like or local laws permit.)

In short, Flock could design its surveillance to be much narrower. If it did, some of the company’s critics might not cease. Chad Marlow, a senior policy counsel at the ACLU, half-joked to me that the most acceptable Flock contract by his standards is “one that is never signed” and emphasized that the best way to set limits on surveillance isn’t with new Flock guidelines but with new laws. (Flock CEO Garrett Langley, for his part, said he’ll “probably always have a different view than the ACLU.”)

And narrowing the scope of its technology would threaten the company’s entire pitch to police departments. License plate readers have been around since the 1990s, used for tolls and ticketing. Flock’s business model—and recent $8 billion evaluation—relies on instead leveraging its cameras into a massive network that collects rich amounts of data and offers police departments a modernized way to make sense of not just their own but others’.

Flock’s hand might soon be forced. Cities have canceled contracts with the company. Some have gone to competitors, while others are taking a beat as residents ponder how they want this tech to be used and write new rules for police to abide by. The result might be that communities drive their own bargains about how technology can be used to solve crime and how much surveillance people should have to accept for it to do so.