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Electronic Frontier Foundation Privacy United States Your Rights Online

Malls In California Are Sending License Plate Information To ICE (theweek.com) 677

Presto Vivace shares a report from The Week with the caption, "And they wonder why some of us prefer to shop online." From the report: Surveillance systems at more than 46 malls in California are capturing license plate information that is fed to Immigration and Customs Enforcement, the Electronic Frontier Foundation reported Tuesday. One company, Irvine Company Retail Properties, operates malls all over the state using a security network called Vigilant Solutions. Vigilant shares data with hundreds of law enforcement agencies, insurance companies, and debt collectors -- including ICE, which signed a contract with the security company earlier this year, reports The Verge. "[Irvine Company] is putting not only immigrants at risk, but invading the privacy of its customers by allowing a third-party to hold onto their data indefinitely," EFF wrote in its report, urging the chain of malls to stop providing information to ICE.
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Malls In California Are Sending License Plate Information To ICE

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  • Invading privacy? (Score:4, Insightful)

    by LynnwoodRooster ( 966895 ) on Wednesday July 11, 2018 @09:01AM (#56927992) Journal
    Really? You have a State Issued ID that MUST be affixed to your car, and you are willfully driving it and PARKING IT in public view, on private property. And that is invading privacy?
    • by Narcocide ( 102829 ) on Wednesday July 11, 2018 @09:14AM (#56928074) Homepage

      When you're a legal citizen, and then they inevitably also forward your data to a 3rd party consumer data broker to monetize it and track you without your consent, then that is an invasion of privacy.

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        When you're a legal citizen, and then they inevitably also forward your data to a 3rd party consumer data broker to monetize it and track you without your consent, then that is an invasion of privacy.

        But it isn't *your* data they are sending.
        It is the state owned license plate number that isn't yours which they are sending, and the owner of that data has given everyone permission to use their data this way.

        Since you included a "when" clause that doesn't resolve to true, even you are agreeing this isn't an invasion of privacy.

        There are plenty of other problems with this behavior that are actually problems, lets try to focus on those instead of making up problems that undeniably do not exist.

        • by Type44Q ( 1233630 ) on Wednesday July 11, 2018 @11:27AM (#56929182)

          But it isn't *your* data they are sending.

          You're in a rough position and I don't envy you; it must suck to have to defend a defenseless position... the above attempt was desperate and while your "logic" rings hollow, you really shouldn't feel too bad... but if shilling for the Military/Prison Industrial Complex gets old (or you simply develop some self-respect), the good news is that the economy's doing well and you can probably get a job tomorrow delivering pizza... you do have a license, right??

        • by MrTester ( 860336 ) on Wednesday July 11, 2018 @11:45AM (#56929362)
          Bullshit.
          They aren't selling the fact of a license plate number (that is the state owned information). They are selling the fact that I was at the Southridge Mall in SouthCity from 1 to 4pm on Tuesday, and that I am a regular customer there spending an average of 3 hours a week at the mall over the course of a year.
          Does it matter to anyone? I dunno.
          But it damn well IS MY INFORMATION.
        • by Maxo-Texas ( 864189 ) on Wednesday July 11, 2018 @01:35PM (#56930142)

          Your current location is your personal information. It's as key as your appearance which IS legally protected I.P.

          This is a huge problem in that it can make it easier for a fascist government to control the citizenry.

          We should really be subverting and destroying these cameras. We've accepted the possibility of being enslaved in return for security from theft.

      • by whoda ( 569082 ) on Wednesday July 11, 2018 @10:00AM (#56928444) Homepage

        The car license plate does not identify the person driving the car, only the registered owner.

        People are not being tracked, the cars are.

      • by Kohath ( 38547 )

        You can't have privacy when you drive around in plain view with a clearly readable personal ID number. The only way to get your privacy back would be to end the requirement to display a license plate number.

        • by dcw3 ( 649211 ) on Wednesday July 11, 2018 @10:44AM (#56928794) Journal

          There's a big difference between being seen in public and being tracked, which is what's happening here. Law Enforcement is required to get a court order to track you, but this subverts that.

        • by luis_a_espinal ( 1810296 ) on Wednesday July 11, 2018 @11:33AM (#56929242)

          You can't have privacy when you drive around in plain view with a clearly readable personal ID number. The only way to get your privacy back would be to end the requirement to display a license plate number.

          You have an expectation of privacy of where you are going or who is using your car (because the plate identifies the car and the owner, not who is driving it.).

          Besides, the spirit of the law is that we are not to be under a surveillance system. We are not meant to be under constant mass surveillance unless there is an actual legal reason to do so (say, you are under investigation or something.)

          Sadly we have been sliding down that rabbit hole without waking the fuck up. We are deep in it now.

    • Really? You have a State Issued ID that MUST be affixed to your car, and you are willfully driving it and PARKING IT in public view, on private property. And that is invading privacy?

      True. Since a Bond DB5 license plate is not a feasible solution, the solution is to not shop there, encourage others to do the same, and let stores know why you won't shop there. Until, of course, once someone figures out how to hack CA new ePlate to darken it on command.

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      The purpose of the license plate is to identify you if there's a problem with your driving or with your parking spot. Tracking everyone is abuse.

    • by jellomizer ( 103300 ) on Wednesday July 11, 2018 @09:24AM (#56928158)

      Ummm Yes it is invading privacy.
      License Plates, and other ID, are meant to verify that you are who you say you are, and that such tools and devices are under the the laws and regulations of the particular state. They are not meant for tracking. If something is up like someone is wanted or a car is reported stolen, then we could put an alert for that ID and if it is found to be reported. However this is tracking everyone to see if they are up to something.
      The government doesn't need to know where I am shopping, my political view. Because they are tracking innocent citizens. Because we are all Innocent unless are proven guilty. This warentless tracking is wrong.

      • Re:Invading privacy? (Score:5, Interesting)

        by Moryath ( 553296 ) on Wednesday July 11, 2018 @09:31AM (#56928190)
        This. The government is required to have a warrant to track your whereabouts. This is well established through cases such as United States v. Jones 132 S.Ct. 945 (2012) where police tried to surreptitiously attach a GPS tracker to someone's car without a warrant, and Carpenter v. United States 16-402 S.Ct 585 (2017) which established that police require a warrant to obtain cellphone tower records.
        • police require a warrant to obtain cellphone tower records

          Not what this is at all. It is perfectly legal for authorities to follow you around with a notebook. More like what this is. I don't like it either, but you need a better argument.

          • by Merk42 ( 1906718 )

            police require a warrant to obtain cellphone tower records

            Not what this is at all. It is perfectly legal for authorities to follow you around with a notebook. More like what this is. I don't like it either, but you need a better argument.

            Good job forgetting to quote the first case which is more analogous to this situation.

          • by StormReaver ( 59959 ) on Wednesday July 11, 2018 @10:15AM (#56928568)

            It is perfectly legal for authorities to follow you around with a notebook.

            Unless "authorities" have a reason to suspect you're committing a crime, the act of following us around with a notebook is police harassment. Note that the standard USED to be Probable Cause (as specified in the Constitution), but our Supreme Court has chipped away at our Constitution and redefined the requirement to be, "Reasonable Suspicion".

            I don't understand this trend in America of throwing away our rights to police. Police misconduct is rampant, and too many people are encouraging and enabling it. I can understand not wanting to be the one to personally challenge an edge case when confronting police; but we have a very safe, very effective way to collectively shape our police via collective public opinion. Never before in all of human history has our country given us ordinary citizens the megaphone that is the Internet. We need to use it as a tool to reduce police misconduct, not condone it.

        • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Wednesday July 11, 2018 @10:37AM (#56928736) Homepage Journal

          It's a basic premise of the rules of evidence that it's invalidated when a cop commits a crime to collect it, but not if a private citizen does it. Thus, even if it is illegal for private citizens to send this information to the police (which it isn't) it's still legal for the police to utilize it.

          We need to make it illegal for private entities to send your personal information (including your license plate data) to the police if there is no suspicion that a crime has been committed, and we need to explicitly make it illegal for the police to use it when they violate this requirement. Otherwise, what is happening is almost certainly completely legal.

          • by pnutjam ( 523990 )
            I think we should make it illegal for anyone, public or private, to collect indiscriminate tracking data. Would you be ok with your neighbor putting up a website that listed when you were home and meticulously logged your arrival and leaving times?
    • by mjwx ( 966435 ) on Wednesday July 11, 2018 @09:39AM (#56928260)

      Really? You have a State Issued ID that MUST be affixed to your car, and you are willfully driving it and PARKING IT in public view, on private property. And that is invading privacy?

      The invasion of privacy is where they send it to ICE without you doing anything wrong. Just because you can see my license plate, doesn't mean you have the right to do what you please with it. Same with the front of my house or what you can see through my windows.

    • Re: (Score:3, Interesting)

      Comment removed based on user account deletion
    • here is the problem
      1 there could be a near real-time record of everywhere you have been (note this will most likely NOT be used in your favor if you are suspected of a crime)

      2 errors in the record or deliberate hacking of the record: It would be easy to change the record to say you were at a Fetish Shoppe (or something else that could get you in some sort of trouble) or for somebody to say "oh he parked his car at this location but obviously walked to %suspectlocation%"

      3 since when is going to a Mall Probab

  • Good (Score:2, Insightful)

    by Anonymous Coward
    Solution: Do not come here illegally.
    • by sjames ( 1099 )

      And don't have anyone wrongly report a debt.

      • by jedidiah ( 1196 )

        > And don't have anyone wrongly report a debt.

        That will be an interesting achievement if you don't have your own uniquely identifiable primary key for the debt reporting system.

    • "Keep, ancient lands, your storied pomp!" cries she
        With silent lips. "Give me your tired, your poor,
        Your huddled masses yearning to breathe free,
        The wretched refuse of your teeming shore.
        Send these, the homeless, tempest-tost to me,
        I lift my lamp beside the golden door!

      Unless you're Mexican and it's after 2016,
      because... well Jesus"

  • by jfdavis668 ( 1414919 ) on Wednesday July 11, 2018 @09:13AM (#56928066)
    Since malls are dying, I guess the problem will eventually solve itself. Thanks Amazon.
  • by BoRegardless ( 721219 ) on Wednesday July 11, 2018 @09:14AM (#56928080)

    Here to the US.

  • by hyades1 ( 1149581 ) <hyades1@hotmail.com> on Wednesday July 11, 2018 @09:20AM (#56928132)

    Does anybody believe only one real estate corporation is giving away or selling this kind of information? I don't have any legal problems, but I resent being spied on.

    So thanks for giving me one more good reason not to visit the US. I'll just spend my money right here in Canada, where at least some pathetic vestiges of actual freedom still survive.

  • by aurizon ( 122550 ) <bill.jackson@nOSpaM.gmail.com> on Wednesday July 11, 2018 @09:22AM (#56928146)

    There is no need to display your licence number when on private property, so a dash activated hinged flap could be used to hide plate data. They could snap plate data on the way into the mall, but that could involve placing the camera on someone else's private property - who might decline permission.
    That said, I do not mind plate scanners being use to find stolen cars or payment defaulted cars (3 months arrears minimum)

    • There is no need to display your licence number when on private property, so a dash activated hinged flap could be used to hide plate data.

      Obscuring your plate may be illegal, and at best, not displaying a license plate may get your vehicle towed for abandonment. In California it's legal to cover your car, but illegal to obscure your license plate. People get around this by writing their license plate number on their cover. I don't think your cover will be much help if you write the plate number on it...

  • My wife is an immigrant, is she at risk?

    [Irvine Company] is putting not only immigrants at risk

    No, they're not endangering anybody, which is the implication. They're making it more likely that ILLEGAL immigrants will be caught. There's a choice that they can make, which is not enter the country illegally.

    I have friends who are illegal immigrants. It's difficult and I don't blame them for being here. But they know the risk that they take by even being here, and they've decided it's worth it for their kids to grow up here instead of the home country (which is

    • Right up until that company gets hacked. Then the data on where you go and where you shop is out. Data that doesnt need be collected in the first place for their business.

      They may, as privately held properties, have the right to collect the data, for now, but by doing so they incur extra liability if they inadvertently leak that data about their customers. Not necessarily legal liability, but PR liability. Just because someone is legal doesnâ(TM)t mean one should do it, or that it has no consequences.

    • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Wednesday July 11, 2018 @09:40AM (#56928276) Homepage Journal

      My wife is an immigrant, is she at risk?

      Yes. [latimes.com]

      • http://www.pewresearch.org/fac... [pewresearch.org]

        In 6 years of ICE arrests, that's something like 150k/yr average = 900,000 arrests. 1400 mistakes.
        0.15% error rate...that's between 4-5 sigma.

        4 sigma is pretty damned good considering the imprecision of the process.

        So no, his immigrant wife isn't in any realistic jeopardy.

        In your reference, I find it amusing how they keep calling out "the person repeatedly insisted they were an American citizen"...my guess is that ICE agents hear that in something like 75% of the arrests.

    • by Nidi62 ( 1525137 ) on Wednesday July 11, 2018 @10:46AM (#56928802)

      My wife is an immigrant, is she at risk?

      [Irvine Company] is putting not only immigrants at risk

      No, they're not endangering anybody, which is the implication. They're making it more likely that ILLEGAL immigrants will be caught. There's a choice that they can make, which is not enter the country illegally.

      Legal immigrants? Hell, these days even American citizens are at risk, and not just from the government. Besides the 92 year old Mexican man legally in the country to visit his children and had a woman beat him up with a brick, there was a woman recently in Illinois who was accosted for wearing a Puerto Rico shirt and was told to go back to her country. People don't even know (or care) that Puerto Ricans are American citizens. The current administration is trying to foster a climate where if you are Latino you are default not a US citizen. That doesn't end well.

      • by swb ( 14022 )

        You're right, but given the left's newspeak of "undocumented immigrants" and the relentless portrayal of any kind of immigration enforcement as inherently racist it certainly seems like whatever the opposite of "the current administration" is pushing exactly the opposite narrative, that if you are Latino you have a default right to be in the US.

        It seems to me that you can't even really advocate for any kind of immigration reform that includes any semblance of immigration enforcement without being seen as ra

  • It's nice that the link to the actual story on eff.org is linked from the summary, but the fact is that the post on theweek added absolutely zero information to the story, and the eff.org link is the only one we need.

  • by Holi ( 250190 ) on Wednesday July 11, 2018 @10:17AM (#56928592)
    Wouldn't that make them agents of the state and make the blanket surveillance a 4th amendment issue?
  • by mysidia ( 191772 ) on Wednesday July 11, 2018 @10:23AM (#56928626)

    And they wonder why some of us prefer to shop online.

    What makes you think the Delivery truck or person/drone walking up your driveway isn't equipped with a camera equipped with GPS, and/or footage won't be submitted to license plate recognition software, and shared with any Law Enforcement agency willing to pay for access to the shared database of License Plate/GPS locations?

    Shoot... if ICE is willing to pay enough revenue for license plate data, they could probably convince Meter readers working for the Gas and Power companies to don a camera for a little extra $$$ on the side.

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