An open letter to the U.S. House of Representatives

Put Some Teeth in the Flock-Off Act (H.R. 10221)

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I strongly support H.R. 10221, the Flock-Off Act, and urge you to use your influence with the House Committee on Oversight and Government Reform to strengthen this important privacy protection bill. H.R. 10221 rightly prevents federal taxpayer dollars from funding mass surveillance systems that have been used for personal tracking and shared in violation of local law. The bipartisan coalition behind this bill reflects a broad consensus that the federal government should not finance surveillance infrastructure. However, the bill has a critical shortcoming: it addresses the hardware but not the data. Decommissioning cameras will not delete records already collected or prevent their misuse. An agency could comply by removing equipment while continuing to use historical data for tracking, sharing with immigration enforcement, or other purposes without restriction. This gap undermines the bill's purpose and leaves citizens vulnerable to the documented abuses we have already seen: officers using Flock systems to stalk ex-partners and police departments sharing ALPR data with ICE in violation of local ordinances. I ask that you contact the Committee chair and members to urge the addition of four critical provisions during markup. First, data retention limits: real-time alerts retained for 30 days, active investigations for 2-3 years maximum, and other data deleted within 90 days. Second, law enforcement access to ALPR and facial recognition data should only be possible with a warrant. Third, strict prohibitions on sharing data to extra-jurisdictional law enforcement agencies, immigration enforcement, private companies, or other third parties without court authorization. If City A wants to search City B's data, it should require a warrant. Fourth, accountability measures including mandatory discipline for misuse, a private right of action for unauthorized tracking, public records availability of access requests, and mandatory annual reporting on warrant requests and documented violations. These amendments would ensure that H.R. 10221 achieves its full purpose: stopping federal investment in surveillance while protecting citizens from abuse of data already collected. First responders' efficiency concerns are understandable, but the constitutional right to privacy must prevail over generalized surveillance. Mass surveillance chills free speech and assembly. Research shows general roadway camera coverage doesn't significantly reduce crime. The DOJ's own 40-year study published in Criminology and Public Policy found cameras most effective in parking lots, not highway systems and roadways. Your advocacy on behalf of these provisions would strengthen an already important bill.

▶ Created on September 5 by Let My People Go

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