Flock is not only at the heart of a nationwide discussion, it also became central to my own experience when the system monitored me for days and resulted in four police officers confronting my wife and me. I was one of the many errors occurring each month between law enforcement and emerging technology, and the debate across America surrounding privacy, warrantless surveillance, and the Fourth Amendment is currently intense.
Flock Safety Founder and CEO Garrett Langley engaged in an exclusive one-on-one conversation on The Drivecast to explore the increasing public dialogue about privacy rights, the Fourth Amendment, and Flock’s position. The executive firmly stated that he does not believe a legal issue exists currently or will arise in the future.
Tune in to the complete conversation starting when Langley addresses the subject of tracking and individual rights.
Langley mentioned, “Individuals commonly have three main concerns or inquiries regarding our company: privacy, constitutionality, and accountability.”
On the subject of the Fourth Amendment and legal matters, Langley elaborated, “You brought up the constitutional aspect. That’s rather straightforward. Neither you nor I can determine what constitutes a constitutional breach. We have judges, we have elected authorities, and there’s a procedure for that. We abide by the law and adhere to the Constitution. Up until now, in our view and likely for a long time, the courts have ruled that this is not a warrantless search; this is a legitimate tool regarding the Fourth Amendment. Therefore, I anticipate no alterations on that front.”
Concerning privacy and data retention, Langley stated, “On the privacy angle, however, there are some genuine inquiries we pose as well. Take this as an example: Before Flock, this kind of ALPR data was preserved indefinitely. It was sold for commercial ends by repossession companies to insurance firms. I find it rather problematic. We were among the first to implement a default retention period of 30 days and resolved not to sell the data.”
Langley introduced data into the privacy debate, stating, “Last year, we helped solve just over a million crimes through the Flock system in collaboration with local law enforcement. If I told you that by decreasing the 30-day retention to 14 days, 30% fewer crimes would be resolved—meaning roughly 300,000 additional victims lacking justice—would you accept that compromise?” The Drive did not receive any verification of these figures or their origins.
Who should have the authority to determine whether your community utilizes automatic license plate reader technology? According to Langley, “We shouldn’t make that choice. Ultimately, the Mayor of Plymouth [the city I reside in and we referenced in numerous examples during our conversation] and the City Council should decide, as that’s a just trade-off. We elect representatives who share our values to address these complex, nuanced matters.”
How cities choose to implement Flock is at their discretion, Langley indicated. However, according to Flock’s CEO, these choices will significantly affect public safety and the efficiency of the system. “You might opt for Flock and state, ‘We appreciate the Flock concept, but we solely wish to focus on Amber Alerts and Silver Alerts.’ Therefore, there would be no data retention, just alerts. I would respond, ‘Fine, you’ll experience about 50% of what the system could offer, but if that’s what you prefer in Plymouth, wonderful, we’re eager to assist you, but you will still be safer.’ You’ll be less secure than in San Francisco, but that’s a choice,” Langley remarked.
Langley continued, “As a company, we don’t wish to enforce our views as private citizens. I reside in Atlanta, you inhabit Plymouth. We merely hope that more elected officials will conduct their research, explore the issues, develop informed positions, engage the community, and establish standards that are sensible for them.”
What is logically appropriate for each city remains uncertain as debates and discussions about Flock and automatic license plate reader technology unfold throughout America. Nevertheless, Langley envisions Flock expanding from its current presence in 7,000 cities to hopefully encompass all of America’s 17,000 cities in the future.
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