Sanders bill targets federal Flock use
Sen. Bernie Sanders introduced the Ban Flock Act to bar federal agencies from using license plate readers or accessing their data.
Federal agencies would be cut off from automated license plate reader networks under legislation introduced Friday by Sen. Bernie Sanders, a move that follows months of local backlash against the country's largest ALPR vendor.
The bill, called the Ban Flock Act, would prohibit federal agencies from operating license plate readers or pulling data from systems run by local police and private companies, according to reporting from TechCrunch. Despite its name, the text does not single out Flock — it applies to any automatic license plate reader system.
What the ban would actually cover
The legislation would block federal agencies from using ALPRs directly or tapping into the data those cameras collect. The only carve-outs are for toll collection and for future uses that Congress approves through separate legislation, which would have to cap data retention at 48 hours.
That structure matters because it avoids naming a single vendor. By covering all ALPR systems, the bill would apply to Flock's network and any competitor that might take its place in federal contracts.
Flock is described by Sanders as the largest ALPR vendor in the U.S., with more than 120,000 cameras deployed around the country. In a blog post in February, the company said its network processes more than 20 billion vehicle reads each month.
Financial penalties for state and local governments
The bill does not just constrain federal agencies. It also uses federal grant money as leverage over state and local governments.
Starting the first fiscal year after enactment, states and localities that do not ban the technology would lose grants from five federal departments, including the Justice Department and the Department of Homeland Security.
The bill also creates a private right of action, allowing Americans to sue the federal government over violations, and gives state attorneys general authority to enforce the law.
TechCrunch notes that, like most bills, this one faces long odds.
Flock's response to growing pressure
Sanders' bill lands as Flock faces mounting pressure from communities that are protesting the product, suspending its use, and canceling contracts at what the TechCrunch report describes as an escalating rate.
The company has tightened its rules in response. In August, CEO Garrett Langley, who had previously said how police use the cameras is a decision for local agencies, announced a new default data retention period of seven days, down from 30.
Customers must also now use an audit tool that locks officers out pending review when it flags unusual searches.
The abuse case that shaped the debate
One of the highest-profile cases of an officer abusing Flock's platform involved a former Milwaukee officer who pleaded guilty to misconduct after searching for his then-partner and her ex 179 times, listing the reason as "investigation."
That case has become a reference point in the broader argument over how ALPR data can be misused by the officers who have access to it.
During a recent podcast interview, investor Jason Calacanis suggested a "double-key" system in which two people must approve a search. Langley said the idea is "on the whiteboard," according to TechCrunch.
Who is backing the bill
Representative Alexandria Ocasio-Cortez (D-N.Y.) and Senator Jeff Merkley (D-Ore.) are co-sponsors of the Ban Flock Act.
The co-sponsorship list signals that the bill has support from lawmakers who have been active on surveillance and privacy issues, though the legislation still faces the usual obstacles for any bill in Congress.
The numbers behind the debate
Several figures frame the scale of the issue:
- Flock has more than 120,000 cameras deployed in the U.S., according to Sanders.
- The company's network processes more than 20 billion vehicle reads each month, per a February blog post.
- The new default data retention period is seven days, down from 30.
- A former Milwaukee officer searched for his then-partner and her ex 179 times before pleading guilty to misconduct.
- Future congressional exceptions would have to limit data retention to 48 hours.
- States and localities that don't comply would lose grants from five federal departments.
What the bill would change in practice
If enacted, the Ban Flock Act would sever federal access to a data network that local police departments have come to rely on. That would not shut down the cameras themselves — those are operated by local agencies and private companies — but it would prevent federal agencies from querying the data they produce.
The grant condition adds a second layer of pressure. By tying five federal funding streams to compliance, the bill would force state and local governments to choose between keeping access to the technology and preserving that funding.
The private right of action and state attorney general enforcement provisions give the law teeth beyond federal agency policy, allowing lawsuits and state-level action if the federal government violates the ban.
Why it matters
For businesses and local governments that contract with ALPR vendors, the bill introduces a new variable: federal grant money could be contingent on whether they continue using the technology. That could change the calculus for agencies weighing whether to renew or cancel contracts.
For consumers, the legislation would not directly limit what local police do with cameras, but it could reduce one pathway for federal access to the data those cameras collect. The bill's private right of action would also give individuals a route to challenge federal violations in court, though the outcome would depend on how the law is implemented and enforced.
The broader question is whether the pressure on Flock — from protests, contract cancellations, and now federal legislation — will push other ALPR vendors to adopt stricter retention and audit policies even if the bill itself does not pass. The company has already shortened its default retention period and added an audit tool, changes that came under public pressure rather than regulation.
TechCrunch notes that Langley is scheduled to speak at its Disrupt event, October 13-15 in downtown San Francisco.
Sources
- TechCrunch Original source
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