Skip to main content

Why Grafton's Flock Cameras Are a Problem

Independent studies show minimal crime reduction. Documented abuses, data breaches, and Supreme Court precedent suggest mass license plate tracking without warrants is a constitutional problem — and there is a proven alternative.

Do These Cameras Actually Work?

TL;DR: Multiple independent studies found little to no crime reduction from ALPR deployment. Flock's own effectiveness claims come from company-administered surveys with no independent verification.

Before accepting mass surveillance, we should ask: Does it actually reduce crime?

Multiple independent studies found little to no crime reduction from ALPR deployment:

  • Mesa, Arizona (2012): No significant impact on crime
  • Alexandria & Fairfax County, VA (2011): No significant crime reduction
  • Baton Rouge, Louisiana (2019): No significant crime reduction
  • Atlantic City (2025): No reduction in violent crime overall

Comprehensive Review (Koper et al., 2019):
"Little evidence that ALPRs reduce crime" and "less evidence on impact on clearance/solve rates"

Flock's Self-Conducted Survey

Company claims 10% of U.S. crime solved using Flock cameras, but:

  • Company-administered survey (not independent research)
  • Customer self-reporting (selection bias)
  • No independent verification
  • No comparison to non-Flock jurisdictions
  • Study conducted by Flock employees with academic researchers' names added for credibility

Researcher Raises Concerns: Johnny Nhan of Texas Christian University, who oversaw the academic review of Flock's effectiveness study, now has serious doubts about the methodology. According to 404 Media, Nhan said he "would have done things much differently" and discovered that "the information that is collected by the police departments are too varied and incomplete for us to do any type of meaningful statistical analysis on them." This led him to pivot away from future Flock research entirely.

The Trade-Off: Comprehensive tracking of millions of innocent people, data breach risks, chilling effects on First Amendment activities, and disproportionate impact on vulnerable communities, all for minimal demonstrated crime reduction benefits.

What Can Go Wrong: Documented Abuses

TL;DR: ALPR systems have been abused for stalking and exposed to data breaches. Even with policies prohibiting misuse, enforcement relies on police self-auditing.

Even well-intentioned surveillance systems can be abused. Here's what has actually happened in other communities:

Individual Officer Abuse

  • Kansas police chief used Flock 228 times over 4 months to stalk ex-girlfriend
  • Officers using systems to stalk ex-spouses and blackmail individuals
  • No apparent disciplinary action in many cases

Cybersecurity Vulnerabilities

  • June 2024 CISA bulletin: 7 vulnerabilities in Motorola/Vigilant ALPRs
  • Passwords for 35+ Flock customer accounts stolen
  • No mandatory multi-factor authentication
  • Border vendor Perceptics hacked with data published online

FTC Investigation Requested: Senator Ron Wyden and Rep. Krishnamoorthi called for investigation in 2025, alleging Flock "failing to implement cybersecurity protections and needlessly exposing Americans' sensitive personal data to theft by hackers and foreign spies."

The Data Breach Reality

Law enforcement agencies and their vendors experience frequent data breaches, putting ALPR location data at risk:

  • 2023: Over 250 million Americans affected by data breaches at government agencies and contractors
  • Law enforcement vendors: Thomson Reuters (2024), Perceptics (2019), and numerous police departments have experienced breaches exposing sensitive investigative data
  • No uniform standards: Most local law enforcement agencies lack dedicated cybersecurity staff or mandatory security requirements
  • Multi-agency access amplifies risk: With 591 agencies accessing Grafton's data, a breach at any one agency could expose your location history

Key Risk: When Grafton's ALPR data is accessed and downloaded by agencies across 32 states, that data is only as secure as the least secure agency in the network. A breach at a small-town police department in another state could expose the complete movement history of Grafton residents—where you drive, when you visit sensitive locations (medical facilities, places of worship, political events), and your daily patterns.

Questions Grafton hasn't answered:

  • What cybersecurity standards are required of the 591 agencies that can access our data?
  • Who monitors whether agencies properly secure downloaded ALPR data?
  • What happens to Grafton residents' data when it's breached at another agency?
  • Does the Village have liability insurance for data breaches affecting residents?

Why This May Violate the Fourth Amendment

TL;DR: Supreme Court precedent (Carpenter v. United States, 2018) suggests comprehensive location tracking requires warrants. Grafton's system tracks everyone without warrants, creating constitutional concerns.

The Core Constitutional Concern

Automated License Plate Readers create comprehensive, searchable records of everyone's movements (innocent people and criminals alike) without warrants, probable cause, or individualized suspicion. This resembles the general warrants and writs of assistance that the Fourth Amendment was designed to prohibit.

The Fourth Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause..."

The Carpenter Precedent (2018)

In Carpenter v. United States, the Supreme Court ruled that accessing comprehensive location data tracking a person's movements over time constitutes a Fourth Amendment search requiring a warrant. Key findings:

  • Data was "detailed, encyclopedic, and effortlessly compiled"
  • Covered an extended period (127 days)
  • Generated automatically without user action
  • Technology was "indispensable to participation in modern society"
  • Enabled retrospective "time travel" tracking

How Grafton's ALPRs Match Carpenter's Concerns

  • ✓ Detailed, encyclopedic, effortlessly compiled
  • ✓ Covers extended periods (30-day retention)
  • ✓ Automatic, no driver action required
  • ✓ Driving is indispensable in car-dependent communities
  • ✓ Enables retrospective searches ("where was this car 2 weeks ago?")
  • ✓ Tracks innocent people without suspicion

Current Legal Status

  • No federal appellate court has definitively ruled on ALPR constitutionality post-Carpenter
  • Courts have reached conflicting conclusions
  • Massachusetts: 4 cameras at 2 locations insufficient to violate Fourth Amendment
  • Virginia: Split decisions on 172-camera system
  • Norfolk federal case proceeding to trial October 2025
  • No Wisconsin court has addressed the issue
The Greater Good Argument Doesn't Justify Unconstitutional Searches

Police could solve more crimes if they could search every home without warrants, read everyone's emails without subpoenas, track everyone's phones without court orders, or install cameras in every private space. We don't allow these things because we value constitutional rights over efficiency. The same principle applies to mass ALPR surveillance. Catching criminals doesn't justify treating every citizen as a suspect under constant surveillance.

The "Buying Data" Loophole

Even if courts require warrants for ALPR searches, government can potentially bypass this protection by purchasing data from private companies instead of compelling its production.

The Third-Party Doctrine Problem

  • Traditional doctrine: no privacy in information "voluntarily" given to third parties
  • Carpenter limited this for comprehensive digital surveillance
  • But if government BUYS data on the open market, some argue this isn't "state action"
  • Creates loophole: warrant required for compelled production, but not for purchased data?

This Already Happens

  • NSA and FBI purchase location data from commercial data brokers (per Sen. Ron Wyden)
  • Private ALPR vendors maintain commercial databases with 6.5+ billion scans for sale
  • Vigilant Solutions sells ALPR data to private entities and government
  • No warrant, no subpoena, just payment

Why This Matters for Grafton

  • Flock Safety owns Grafton's camera data
  • Template contract grants Flock "worldwide, perpetual, royalty-free license" to share
  • Even if courts require warrants, federal agencies could potentially buy access
  • Local policies may be superseded by Flock's contract terms

Wisconsin's Regulatory Vacuum

TL;DR: Wisconsin has NO state laws regulating ALPRs. 200+ agencies deployed systems with no state-level review, uniform standards, or accountability.

Wisconsin has enacted NO statutes regulating ALPRs:

  • No data retention limits
  • No warrant requirements
  • No transparency mandates
  • No oversight mechanisms
  • No community approval processes
  • No state agency monitoring deployment

200+ Wisconsin agencies deployed Flock partnerships with no state-level review, uniform standards, or accountability.

Existing Laws Don't Apply

  • Privacy statutes only protect "private places" - not public roads
  • Electronic surveillance laws focus on wiretapping, not visual surveillance
  • Proposed Wisconsin Data Privacy Act explicitly exempts government entities

ACLU-Wisconsin Advocacy

Calling for Community Control Over Police Surveillance (CCOPS) ordinances requiring:

  • Transparent decision-making
  • Public input before deployment
  • Regular independent audits
  • City council approval

Only Madison has adopted CCOPS protections. Milwaukee, Grafton, and most Wisconsin municipalities operate without these safeguards.

What Civil Liberties Organizations Say

ACLU Warning:
"Flock is creating a form of mass surveillance unlike any seen before in American life, photographing more than 1 billion vehicles monthly and creating a centralized database searchable by law enforcement nationwide."

Key ACLU Concerns

  • Accuracy Problems: 10% misidentification error rate; NCIC database notoriously inaccurate
  • Mission Creep: Expanding from plates to vehicle fingerprints, bumper stickers (First Amendment concerns)
  • Disproportionate Impact: Enables over-policing in communities of color
  • Lack of Accountability: No legal requirement to honor 30-day retention; company can change policies anytime

Electronic Frontier Foundation Findings

  • 99.95% of scans are innocent people (California data: only 0.05% relevant to public safety)
  • Disproportionate deployment in low-income communities and communities of color
  • Documented abuses: NYPD surveilling mosque attendees, officers stalking ex-spouses
  • Data breaches affecting millions of innocent people's location history

Recommended Safeguards

If ALPRs deployed despite opposition:

  • 3-minute deletion for non-hits (New Hampshire model)
  • Warrant requirements for historical searches
  • Hot list certification and accuracy audits
  • No third-party sharing
  • Community Control Over Police Surveillance (CCOPS) ordinances requiring council approval
  • Regular independent audits with public reporting
  • Restricted access to trained personnel only

15+ Cities Removed or Rejected Flock Cameras in 2025

TL;DR: Communities across the political spectrum are removing Flock cameras after discovering unauthorized federal access, constitutional concerns, and minimal crime reduction benefits.

Grafton isn't alone in deploying these cameras, but a growing number of communities are reversing course.

Municipal Removals & Terminations

  • Evanston, IL: Forced to remove 19 cameras after state audit found unauthorized federal access violated Illinois law
  • Eugene, OR: Disabled 57 cameras after public backlash over federal access
  • Lynnwood, WA: Disabled 25 cameras after discovering unauthorized "nationwide search" access
  • Redmond, WA: Unanimously voted to suspend cameras
  • Stanwood & Sedro-Woolley, WA: Shut down after judge ruled footage is public record

Council Rejections

  • Denver, CO: City Council unanimously rejected extension (Mayor overrode)
  • Cambridge, MA: Unanimously voted to pause 16 cameras
  • Austin, TX: Terminated contract after community pushback
  • Oak Park, IL: Terminated over federal access and state law violations

Bipartisan Opposition

  • Sedona, AZ: Conservative-led grassroots campaign led unanimous council vote to remove cameras
  • Tennessee: Right-wing activists opposing "tracking system for law-abiding citizens"
  • Opposition spans political spectrum: conservatives cite government overreach; progressives cite privacy concerns
This isn't a partisan issue. Communities on both the left and right are recognizing that comprehensive surveillance of innocent people is incompatible with a free society.

The Better Alternative: Flag-and-Discard

TL;DR: New Hampshire's model shows you can find stolen cars and wanted suspects while deleting data on innocent people within 3 minutes. You can have effective law enforcement AND constitutional protections.

ALPRs can serve legitimate law enforcement purposes WITHOUT creating a surveillance database of innocent people.

New Hampshire's Model

  • Cameras check plates against "hot lists" (stolen vehicles, AMBER alerts, wanted suspects)
  • Non-hits deleted within 3 minutes
  • Only flagged vehicles stored
  • Still enables real-time alerts for actual criminal investigations
  • Eliminates dragnet surveillance of innocent people

Why This Works

  • ✓ Finds stolen cars and missing persons
  • ✓ Alerts for wanted suspects
  • ✓ No comprehensive tracking database
  • ✓ No Fourth Amendment concerns
  • ✓ No data breach risk for innocent people
  • ✓ No mission creep to tracking bumper stickers or political affiliations

ACLU Position: New Hampshire's 3-minute deletion for non-hits is the "gold standard" - it serves legitimate law enforcement needs while protecting civil liberties.

Grafton vs. New Hampshire: A Comparison

Feature Grafton's System New Hampshire Model
Data Retention 30 days 3 minutes
Warrant Required No N/A (no database)
Tracks Innocent People Yes (99.95%) No
External Agency Access 591 agencies No sharing
Finds Stolen Cars Yes Yes
Constitutional Concerns Yes No

Why Grafton's 30-Day Retention Is Problematic

  • Creates searchable database of every vehicle that entered Grafton over past month
  • Enables retrospective investigations without warrants
  • Allows searches based on vehicle characteristics (bumper stickers, roof racks)
  • Accessible to 591 agencies for unrelated investigations
  • No individual suspicion or probable cause required