Police Departments Using Car Tracking Database Sworn To Secrecy 202
An anonymous reader writes "Vigilant Solutions maintains what they claim is the nation's largest database of license-plate tracking data, 'LEARN' (Law Enforcement Archival and Reporting Network). But when a law enforcement agency signs up to use the database, they are sworn to keep it secret. The reason? They are quite clear about that: 'to prohibit users from cooperating with any media outlet to bring attention to LEARN or LEARN-NVLS.' So, they're tracking you (they're tracking everybody)... but they don't want you to know. The agreement, uncovered by the Electronic Frontier Foundation, states: You shall not create, publish, distribute, or permit any written, electronically transmitted or other form of publicity material that makes reference to LEARN or this Agreement without first submitting the material to LEARN-NVLS and receiving written consent from LEARN-NVLS. This prohibition is specifically intended to prohibit users from cooperating with any media outlet to bring attention to LEARN or LEARN-NVLS. Breach this provision may result in LEARN-NVLS immediately termination of this Agreement upon notice to you."
Immediately after WIRED published the story, though, the agreement mysteriously changed. The secrecy provision is still there, but the statement that it's 'specifically intended' to prevent the media attention has vanished."
Immediately after WIRED published the story, though, the agreement mysteriously changed. The secrecy provision is still there, but the statement that it's 'specifically intended' to prevent the media attention has vanished."
Same exact issue with "stingray" cell interception (Score:5, Interesting)
They sign extensive NDA's and "must" deny any and all usage of stingray cell phone "dummy tower" interception devices also - why?
Probably because they have hidden legal ramifications that haven't been addressed. Why else?
Re:Same exact issue with "stingray" cell intercept (Score:5, Insightful)
They learned from the best, namely criminals. If nobody talks, everybody walks.
Re:Same exact issue with "stingray" cell intercept (Score:5, Informative)
You are correct. Even the Police aren't allowed to use cellular transmitters or jammers by law, they are not licensed to legally transmit on those frequencies, and they are not legally allowed to intercept telephone conversations without a warrant. Not even for "the children".
Only the DOD (military) in the US can legally use such technology, but that isn't stopping the cops from doing whatever they want, including violating the US criminal code and defying the FCC. So naturally, they want to keep it on the down-low...
Re:Same exact issue with "stingray" cell intercept (Score:4, Interesting)
They sign extensive NDA's and "must" deny any and all usage of stingray cell phone "dummy tower" interception devices also - why?
Yep:
http://www.wired.com/2014/03/s... [wired.com]
http://www.wired.com/2014/03/h... [wired.com]
or, if you prefer your news from /., there's this
http://yro.slashdot.org/story/... [slashdot.org]
Hiding shady practices (Score:5, Interesting)
Re:Hiding shady practices (Score:5, Insightful)
As long as the cameras are in public places or with the approval of the owner of private garages, it is not illegal. It is however very unwanted by the populace, as those who have nothing to hide don't want to feel like they need to start hiding.
While this is (hopefully) just an aggregation of public data, it can (possibly) provide the same scale of information that GPS trackers on every car would provide (at somewhat lower detail). Since a warrant is needed to GPS a car, this sort of thing has entered a legal loophole that its owners do not want closed.
Re: Hiding shady practices (Score:2)
If everyone knew these cameras are around probably people would start shooting them and vandalizing them.
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As they're mounted onto police cars, I doubt that most people are inclined to vandalize them.
These are camera systems that read license plates of every vehicle the cop passes (or that passes the cop). They pop up a note to the officer: "REVOKED LICENSE" "EXPIRED PLATE" "STOLEN VEHICLE", etc. The officer can then decide what course of action to take.
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That's random vandalism, not a protest. If you don't want to be tracked by cellular, don't have a cell phone (works for RMS). That sounds more like what you (used to?) see in rural areas, where road signs and utility pole insulators were used for target practice.
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As long as the cameras are in public places or with the approval of the owner of private garages, it is not illegal.
If I follow you around all day every day with a camera, recording your every move, I can and will be charged with something. Probably stalking or harassment.
Re:Hiding shady practices (Score:5, Insightful)
Re:Hiding shady practices (Score:5, Insightful)
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It doesn't matter if the judges enforce it. If the prosecutor presents the evidence about license plate tracking then there is no mistrial. Nobody in the media will get dare get upset about a criminal being tracked, and they'll overlook that it's also used on the vast majority of the populace that aren't criminals.
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The obvious answer is because it is probably illegal to track everyone everywhere, but as long as knowledge of this doesn't go to the court no one will know and therefore they cannot rule it illegal. That's sketchy.
It is VERY illegal in my state for Law Enforcement to even look up a license plate without probable cause of at least a traffic infraction.
And yes, LEOs have gotten in serious trouble for it. They are required by law to log their requests for information, with a reason for the request.
And by the way, in case you were wondering: no, license plates and owner information are not a matter of public record here. They are protected by law.
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They aren't looking up the owner info, just keeping track of where the license plates are seen.
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It is VERY illegal in my state
Which state?
As an aside, and not particularly directed at you, I wish people would identify the state or country when they say "my state" or "my country".
illegal ... to even look up a license plate without probable cause of at least a traffic infraction
That's good, but maybe not as much of a protection as you think. A cop can always pull anybody over for a traffic infraction. Even if it's totally bogus, the cop can just let you go with a warning.
Also, who knows whether LEO's have illegally accessed plate information? What safeguards are there?
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As an aside, and not particularly directed at you, I wish people would identify the state or country when they say "my state" or "my country".
I do too, but I don't think (most) people are doing it by accident or neglect. I think it's a more credible sounding way of pulling facts out of their ass and they're afraid of being called out as wrong if they give enough details to verify them.
I have no idea if that's true in this particular case, because a quick search shows that license plate information is only a matter of public records in 38 states, but in many cases it clearly is. I love the long back-and-forth arguments where "my state" or "my coun
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It's perfectly legal to track vehicles on PUBLIC roads. Don't like it build (and pay for) your own road network.
Wrong.
In the US, anyway, government entities are supposed to get a warrant before they can attach a surreptitious GPS tracker to any car, even one used solely on public roads.
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Wrong.
In the US, anyway, government entities are supposed to get a warrant before they can attach a surreptitious GPS tracker to any car, even one used solely on public roads.
This has not been decided in court, so it's hard to say it as a matter of fact. The famous GPS tracking case I think you're referring to said that that particular GPS device placement was illegal because the cops trespassed to place it. If they had place it while you are, say, parked on a public street then that court ruling would not apply.
quantity has a quality all its own (Score:2)
It's one thing for a police officer to check you tag as you drive by. It's a different kettle of fish when you have a tireless machine check every tag that passes by 24x365 and record the data so it can correlated with other electronic overseers all over town.
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Also, most countries (but apparently not the US) have civil law clauses about "reasonable expectation of privacy" that also applies to public areas. Which is why it was already illegal to do upskirt photography in most of Europe, without needing special common law judgments covering it.
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It's perfectly legal to track vehicles on PUBLIC roads. Don't like it build (and pay for) your own road network.
Yeah, I'll get right on that...
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Not really, no. It's called stalking.
It's only 'legal' in the sense that the law doesn't apply to police or sufficiently large corporations, especially those that the police like.
my monkey says "hi!" (Score:2)
If you're not doing anything wrong, you've got nothing to hide...
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Yeah right.
If you're not doing anything wrong, you've got nothing to hide...
If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged. -- Cardinal Richilieu
Re:Hiding shady practices (Score:5, Informative)
There's a significant difference between "notify" and "track". The primary purpose of these systems is to identify every license plate, look up any violations, and alert the officer. You won't be flagged in the database if you aren't already in trouble for something else.
Regarding tracking, that's a different problem. Our state has a law that prohibits the police from retaining the data for more than two days. They are not permitted to build up a database of my comings and goings. Two days gives them enough leeway to search for "hot" problems, such as an amber alert, or fleeing felon.
It may not be a technically perfect solution to privacy, and could be subject to abuse, but I think it's a workable compromise.
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Question regarding that data retention law. You specifically state that the police are prohibited from retaining data for more than two days or building up a database of an individual's locations.
Are private companies also prohibited as such? And if not, are the police prohibited from working with such private companies?
Just wondering.
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As far as I know, this is a limit on police only, and not on private parties.
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In any sane and fair legal system, the courts would understand that anything the police hire a company to do is legally something the police are doing. Thus, it would be illegal for them to do business with such a company.
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That's what I figured, and I am reading about the Floridian in Maryland. Scary.
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You won't be flagged in the database if you aren't already in trouble for something else.
Are you sure about that? With the contractually-enforced anti-transparency provisions baked into these agreements with various police agencies, how would you even know? By design, the gov't is FORBIDDEN from discussing any of it with us serfs.
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Our state has a law that prohibits the police from retaining the data for more than two days.
And your state law does absolutely nothing to protect you from tracking -- the police aren't the ones retaining all this data and tracking you. LEARN (a private corporation) is. The police get the same end result as if they were compiling and using a tracking database while at the same time staying within the bounds of the law that is intending to stop them from doing just that.
Re:Hiding shady practices (Score:5, Insightful)
Re:Hiding shady practices (Score:5, Insightful)
If you are going to detain people under the laws of the United States then those people should have all the protections of the laws of the United States. Equality under the law is a core principle.
The people in Guantanamo are not terrorists. They are accused terrorists. Send them to the international criminal court for proper trial.
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Just the other day I was walking to my car at my university parking lot, and I noticed some unidentified civilian vehicle with scanners mounted front and back slowly driving by all the parked cars.
That's probably the parking authority company your university contracted to make sure people are paying for their parking spots. Of course, such a vehicle should be marked as from said company.
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Just the other day I was walking to my car at my university parking lot, and I noticed some unidentified civilian vehicle with scanners mounted front and back slowly driving by all the parked cars.
Probably the repo men, scanning to find vehicles to reposess.
http://betaboston.com/news/201... [betaboston.com]
Of course, they share their info with the police, too.
http://www.theblaze.com/storie... [theblaze.com]
http://www.nbcnews.com/news/ot... [nbcnews.com]
Severla months ago... (Score:5, Interesting)
I posted a story which did not get accepted about John Filippidis. A guy who had a concealed carry permit in Florida. He did own a gun, and left it at home when on a trip. Maryland police stopped him and detained him for a couple of hours for no reason.
This was made possible be datamining efforts and automatic license scanneres.
Very chilling.
Re:Severla months ago... (Score:5, Insightful)
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I did RTFA. We only have one side of the story, don't know what else was asked or said.
The reason they gave for stopping him was speeding, but only after the cop took a good look at him. It's very possible, likely even, that they knew he had a gun permit. Especially after checking his driver's license.
But I'm guessing the reason he was stopped was so they could search for drugs or large amounts of cash. That happens all the time. His speculation that the stop was because he has a gun permit or that it was
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RTFA. The guy had no gun in the car (he'd left it locked up in FL), but the MD cops knew he had a CCW permit even though he was a FL resident . . . how is that possible?
States sharing this information is nothing new. If you get pulled over and have an outstanding warrant from most any other state, the cops will know about that, too.
Except that it is illegal for FL law enforcement to even know that you have a concealed weapons permit without a warrant. In fact, the law was specifically written to prevent the information from being shared either with law enforcement or even in civil court without a proper warrant. For civil matters the warrant must coincide with a restraining order or an expert witness declaring that you are of an unsound mind or mentally unstable (see Section 790.0601, F.S.).
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RTFA. The guy had no gun in the car (he'd left it locked up in FL), but the MD cops knew he had a CCW permit even though he was a FL resident . . . how is that possible?
From the article [tbo.com]: "By statute, records regarding which Floridians have been issued permits are available in a searchable database to out-of-state law enforcement. "
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Ahhh, so you're saying it's legal for MD to automatically scan license plates, cross-check them with FL's published list of CCW permit holders, and make a traffic stop *solely* based on that info? That's what happened here, and that's a clear violation of the 4th Amendment.
Florida does not publish its list of permit holders, and indeed does not even notify state law enforcement that a person holds a permit without a warrant. See Section 790.0601, F.S.
Re:Severla months ago... (Score:4, Interesting)
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There was a online poll this week hosted by the largest radio station for Southern Maryland, and the result was >94% would leave if they could.
Re:Severla months ago... (Score:5, Informative)
Paranoia (Score:3, Insightful)
The elites are terrified. Absolutely terrified of the middle and lower classes.
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I thought maybe you were on to something until you mentioned cutting off the lower class assistance. Entitlements have never gone anywhere but up. It quite obviously can't go on like that, but even suggesting that discussion gets you labeled a Teabagger.
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Entitlements are up for the elderly (they are the rich, and they vote), but that's about it. For the poor, food stamps are cut, the minimum wage isn't keeping up with inflation, etc. They're getting the shaft.
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"Welfare" has moved to social security disability. And you are ignoring Medicare. True, food stamps are down, but that is only because the temporary bump from the bailout expired.
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Yes, of course - my fault.
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The only people who do this are OPPOSITE_MAJOR_PARTY_THAN_THE_ONE_I_VOTE_FOR. People from PARTY_THAT_I_VOTE_FOR never do this and actually care about me and about HOT_BUTTON_ISSUE_MAJOR_PARTY_PRETENDS_TO_BELIEVE_IN_TO_GET_VOTES.
Even more chilling (Score:5, Insightful)
Re:Even more chilling (Score:5, Interesting)
I really detest this separation courts have setup between "private" corporations and the government. The government gives corporations their charter and is the only reason they exist in the first place. So we decide that we can't trust our elected officials with certain responsibilities, and so instead we give those same responsibilities to unelected owners. Oh, and those owners can then take that taxpayer money and funnel it right back to the elected officials in the form of legal "lobbying".
The whole thing is batty.
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And of course it's all paid for by the taxes on the middle class. Our Betters have us paying for the class war against us. I'm not even mad. I'm just impressed.
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The rich pay an outsized amount of the income tax, but these days payroll taxes pay as much into the federal coffers as income tax does. That is what is often left out of tax discussions. I think payroll tax, which is regressive, should be a much smaller part of our revenue mix.
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I agree. I'm of the opinion that when the government hires outside firms to perform governmental operations, then those firms are acting as an agent of the government and should be subject to all of the same laws, requirements, and restrictions as the government.
Looks like (Score:5, Interesting)
a prime target for "Anonymous"....
nice try (Score:2)
Not on the internet it hasn't. Someone's PR department needs to learn how the internet works. They should go to Internet 101 class taught by adjust instructor, Barbara Streisand.
Not surprising (Score:5, Insightful)
Companies that collect data are realizing people are starting to become more aware of what is being collected and concerned about it. If enough people start making noise Congress may start to act and limit what can be collected and how it is used.
Here is an interesting thought for the real lawyers that read /. Could someone subpoena their data, if say they were charged with crime? Or as part of a civil suit? I would think not since they really aren't a part of the issue unless perhaps the cops used the data to locate someone or in an investigation, in which case this layman's view is the accused would have a right to see the data and challenge its use.
Of course, if the data became public imagine the havoc it could cause. Could you see the reaction from an elected official if a reporter showed up and asked them very detailed questions about their comings and goings?
Bingo (Score:2)
Can't wait until some enterprising Divorce lawyer uses this data to prove the husband is having an affair or a Criminal lawyer uses it to alibi his defendant.
All this data should be available for discovery if the Police have access to it an yes I realize that Divorce is civil.
Cops not complaining about secrecy! (Score:5, Interesting)
Please note, the cops probably _like_ the "restriction": When asked, it permits them to answer "It is illegal for us to comment", or to a judge "We cannot comment without violating our contractual agreements." People forget judicial privilige overrides contract.
As as posted by another, the use of the database could violate some data-protection law saying "access to this DB is restricted to ongoing official police investigations". Not to stalk GFs! So LAPD has to make the bogus claim that all drivers in LA are under investigation. Otherwise, their use of the tag readers tied to the tag owner DB would be illegal. And everything found thereafter excluded from evidence as "fruit of the poisoned vine". Not something they want to contemplate.
Hiding your tag while on private property (Score:2, Interesting)
Is it legal to hide your tag while on private property? What about privately owned, but publicly accessible property? I assume that it's legal to own a street-legal car even if it doesn't have tags, as long as its not driven on public streets. Therefore, I should be able to park my car in my driveway, hide the tag, and it would be perfectly legal. Can I do this in parking garages, or lots? If I park my car in the lot outside a shopping mall, and hide the tag, is that still legal? If it's legal, then w
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Unlicensed cars on your property are almost always a code violation. If you own a track only car you are supposed to park it in the garage and _not_ work on it there.
Because you are going to make your property a junk yard/race shop or something.
I back them into the driveway and blatantly ignore the 'no working on cars' rule.
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Only if you live in a city, for the most part. If you stop sucking off the teat of the Man and move out into the country there are no bullshit regulations like this.
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Only if you live in a city, for the most part. If you stop sucking off the teat of the Man and move out into the country there are no bullshit regulations like this.
Are you talking about those rural areas that get higher government subsidies per capita than the cities, and then crow about being rugged individualists?
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In Japan, the "love hotels" supposedly have someone who will go out to the parking lot and hang black covers over the license plates, so that a spouse driving by won't spot the cheater's car.
Apparently, that's another area where we're falling behind the Japanese.
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Is it legal to hide your tag while on private property? What about privately owned, but publicly accessible property? I assume that it's legal to own a street-legal car even if it doesn't have tags, as long as its not driven on public streets. Therefore, I should be able to park my car in my driveway, hide the tag, and it would be perfectly legal. Can I do this in parking garages, or lots? If I park my car in the lot outside a shopping mall, and hide the tag, is that still legal? If it's legal, then what do you think is the likelihood that it will get towed?
Don't do this in California. They will tow your car right out of your driveway if they can see from the street that it does not have a license plate. It happened to my parents once, and it took a lot of legal wrangling to get the car back without paying insane fees and fines.
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Don't do this in California. They will tow your car right out of your driveway if they can see from the street that it does not have a license plate.
Wow, and I thought NY was a fascist state. What CA law justifies that? Around here, a car on private property needn't have any license plates, registration, or any such thing. If it's not on a public road it's not the government's business. I, and many people I know, have taken a junker to be fixed up or something, and only registered it, etc., after that was done. The only problem is neighbors who don't respect my cultural heritage as white trash. Do you think I should sue them on civil rights violations?
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Don't do this in California. They will tow your car right out of your driveway if they can see from the street that it does not have a license plate.
Wow, and I thought NY was a fascist state. What CA law justifies that? Around here, a car on private property needn't have any license plates, registration, or any such thing. If it's not on a public road it's not the government's business. I, and many people I know, have taken a junker to be fixed up or something, and only registered it, etc., after that was done. The only problem is neighbors who don't respect my cultural heritage as white trash. Do you think I should sue them on civil rights violations?
Vehicle registration laws in California require you to keep a car registered. If they can't see the tag, the assumption is that it is not registered. The fee for having a car that is Non-Op is (or at least was) very nominal. Just a few dollars per year. Most cities consider cars without tags to be a nuisance, and will tow them. If its in the garage, or if you're in a non-incorporated area, they usually don't really care.
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Most cities consider cars without tags to be a nuisance, and will tow them.
Off of private property, with no notification? That's still absurd. What next, they'll repaint your house and charge you through the nose for it if they don't like the color? Oh no, that's the HOA's job. HOA's are another thing we don't have around here, and I'm glad of it.
Despite what the neighborhood Nazis and their government cronies think, your neighborhood and your town won't turn into a slum because you're fixing up an unregistered car on your property, or paint your house an ugly color. I live in wha
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Is it legal to hide your tag while on private property?
In my state, the answer to all your questions is "yes". Your car only has to display the proper tags and license plates when it is being operated on public roads and thoroughfares. If you're on private property, you don't even need a license to operate those cars, either.
Of course it's vanished! (Score:2)
Immediately after WIRED published the story, though, the agreement mysteriously changed. The secrecy provision is still there, but the statement that it's 'specifically intended' to prevent the media attention has vanished."
It doesn't much matter anymore, now does it? :)
Explain to me why this is bad (Score:2)
If there is a warrant out for my arrest or a license plate is reported stolen, this system can identify it much faster than the old license plate over the radio. This seems to allow the police to stop and question people that they have a legit reason to do so, not just because you crossed the center line.
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The identifying of an offender is one thing. However, once identified, it can be stored in a database and analyzed.
This is also good and bad. If a crime is discovered after the fact, the database could be searched to narrow down a list of suspects and confirm alibis. Catching actual felons and exonerating the innocent would be a very legitimate use of the data. But if the mayor hears about a meeting of the Anti-Corrupt-Mayor's Coalition, and knows the plates of the leader's car, he can identify other ca
At least they're learning (Score:2)
Freedom of Information Law (Score:3)
I'm sorry, but no Connecticut (US) municipal department can sign an agreement like that without being in violation of the Connecticut Freedom of Information Act. Any contract, documentation, or proposal involving a municipality is a public document.
Too bad, so sad.
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This is probably true in most states with decent sunshine laws. The problem is that it's a civil, not criminal, law, and about the only entity that can prove it has been done is a state auditor.
I would bet that even in states with good sunshine laws, most major police departments have secret agreements with vendors, some of which at the police departments request, and probably a few at the vendor's request.
I think more should be done about this -- it should be a termination for cause for the police chief i
This is TOTALLY okay (Score:2)
I presume since this is slashdot, home of the libertarian and capitalist freedom thinkers, we're all okay with this.
This is a private company, not the government - so it should be totally okay. Since they're a corporation, the free market will decide if it's willing to keep them around. If nobody buys their stuff, they'll go out of business, and if you don't like what they do you can organize a boycott.
That's how the free market works, right?
Right?
Call them at 925-398-2079 to learn more (Score:4, Informative)
I'm sure Vigilant Solutions will be happy to talk to you.
This story sounds like crap to me (Score:2)
There's this legal principal in the U.S. called "Sovereign Immunity" having its origins in the colonial (and earlier english) law. A citizen can't sue the king without his consent, the king here having become the government.
Suppose some P.D. did disclose the existence or the data from this database. Do you really think Vigilant Solutions is going to take them to court? Even if there was a statutory authorization permitting the P.D. to be sued, a secret corporation probably would not want their database to b
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Source of Income (Score:2)
Imagine this tech during the civil rights era (Score:2)
Imagine if this technology was available during the civil rights era. The Jim Crow laws would still be in place.
simple solution (Score:3)
.... develop a display panel which ONLY emits IR (not visible light).
Mount such display panel adjacent to your license plate.
Connect display to computer which outputs randomly-generated license plate numbers, every half second.
Result: Scanners "see" hundreds of different plate ID's, among your own.
Data collection foiled.
No Laws Broken.
Re:So (Score:5, Insightful)
I drive on PUBLIC roads but I don't want people to know where I drive.
It's not that I don't want random people to be able to see me; it's that I don't want my own fucking government to install surveillance equipment everywhere (or hire others to do so) in an effort to automatically track my location. Stop equating the two, you dumb shits.
Some people really need to live in another country for a while to understand what REAL civil rights violations are like.
The mere fact that the situation could be worse does not mean that what's happening is not bad. What terrible logic.
What, you got punched in the face? That's not a bad thing, because starving people in Africa are much worse off!
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I drive on PUBLIC roads but I don't want people to know where I drive.
It's not that I don't want random people to be able to see me; it's that I don't want my own fucking government to install surveillance equipment everywhere (or hire others to do so) in an effort to automatically track my location. Stop equating the two, you dumb shits.
On our dime, no less.
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"Let's build a tracking system that tracks EVERYBODY, ALL THE TIME, and keeps the records FOREVER."
And even that is better than, "and only certain people can look at the data, and certain people don't get tracked."
It just sets us up for abuse of power, and for marginal returns on public good.
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Some people really need to live in another country for a while to understand what REAL civil rights violations are like.
The best way to get REAL civil rights violations, as you put it, is to passively accept the more minor ones. It's boiling the frog.
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Some people really need to live in another country for a while to understand what REAL civil rights violations are like.
List of 'another countries' in which you have lived for a while is...
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There are many reasons to use public transportation. Having to do it so the government doesn't track me like a criminal isn't one of those reasons.
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Wear a burqa. I could pack my 12 gauge riot gun under one of those.
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If you are concerned about protecting you privacy of movement, why not use public transportation? In many places it's cheaper and more convenient than owning a car.
And in most areas, it sucks to the point of uselessness.