Flock Safety (Herd Surveillance), which provides automated license plate readers (ALPRs) and surveillance systems, raises serious constitutional concerns regarding the 4th, 1st, and potentially the 5th Amendments. Here’s how:
Fourth Amendment – Protection Against Unreasonable Searches & Seizures
- The Fourth Amendment protects against unreasonable searches and seizures without probable cause.
- How Flock Safety violates it:
- ALPRs track vehicles indiscriminately—without warrants or individualized suspicion.
- Mass data collection on innocent people creates a dragnet surveillance system.
- Courts have ruled in cases like Carpenter v. United States (2018) that long-term tracking without a warrant violates the Fourth Amendment.
First Amendment – Chilling Effect on Free Speech & Association
- The First Amendment protects free speech and the right to assemble and associate freely.
- How Flock Safety violates it:
- ALPRs track vehicles near protests, churches, political meetings, and private homes.
- This discourages people from engaging in political activism or meeting in private, fearing retaliation.
- Surveillance has historically been used to suppress dissent, as seen in the COINTELPRO program.
Fifth Amendment – Due Process & Self-Incrimination
- The Fifth Amendment guarantees due process and protects against self-incrimination.
- How Flock Safety violates it:
- Data can be used against individuals without proper legal process.
- Police and third parties can misuse surveillance data without individuals being able to challenge its accuracy.
- False positives or misidentifications (e.g., someone borrowing a car) can lead to wrongful detentions or legal consequences.
Big Picture: A Step Toward a Digital Police State
- Flock Safety’s mass surveillance infrastructure is being used by police, private businesses, and even HOAs, effectively turning neighborhoods into permanent surveillance zones.
- No oversight or accountability means law enforcement and private actors can misuse data at will.
- Data sharing with federal agencies (like DHS & ICE) bypasses local privacy laws.
“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” – Benjamin Franklin
Flock Safety aligns disturbingly well with the kind of mass surveillance state George Orwell warned about in 1984. Orwell’s concept of Big Brother watching your every move is no longer fiction—it’s happening through automated surveillance networks, where private companies and government agencies collaborate to track citizens in real time.
Flock Safety’s license plate readers and always-on data collection create:
- A permanent digital record of where people go, who they associate with, and their routines.
- No warrant requirement, meaning law enforcement can access this data without probable cause.
- Private actors (HOAs, businesses, etc.) controlling public surveillance, bypassing legal protections.
This directly violates Benjamin Franklin’s warning:
- Trading freedom for “safety” leads to neither.
- Once people accept mass surveillance, it’s nearly impossible to reverse—governments rarely give back power once taken.
- Pre-crime enforcement (arresting or investigating people based on AI predictions) is the next logical step, just like Orwell’s Thought Police.
There are kinds of thinking that are dangerously naive and a product of indoctrination, not critical thinking. The idea that “if you have nothing to hide, you have nothing to fear” is one of the most weaponized arguments used to justify authoritarianism.
Here’s why it’s flawed:
Who Defines a “Criminal”?
- Governments change definitions all the time—what’s legal today might be illegal tomorrow.
- Dissenters, whistleblowers, and political opponents can suddenly become “criminals” under vague laws.
- Example: In some regimes, journalists exposing corruption or protesters challenging government policies are labeled criminals and tracked using these very systems.
The Slippery Slope of Surveillance
- Mass surveillance always starts under the guise of safety, but once accepted, it expands.
- Flock Safety might start with tracking license plates, but what happens when it adds facial recognition? Predictive policing? AI-driven profiling?
- The NSA, CIA, and FBI have repeatedly been caught abusing surveillance powers—it’s naïve to think this won’t be misused.
Privacy = Power
- Even if you’re not a criminal, having all your movements tracked means the government (and corporations) can control, influence, and manipulate you.
- Example:
- Protest too much? Expect IRS audits.
- Vote for the “wrong” party? Your bank account might get flagged.
- Travel somewhere unusual? Now you’re on a watchlist.
History Proves This Ends Badly
- Every authoritarian government in history has weaponized surveillance against its own citizens.
- China’s social credit system started as a way to track criminals—now, people get denied loans, jobs, and travel for simple things like criticizing the government.
- East Germany’s Stasi justified spying on citizens for “safety”—but it turned into a totalitarian nightmare where neighbors spied on neighbors.
Final Thought:
A free society is not built on the assumption that everyone is guilty until proven innocent. Those who say, “If you have nothing to hide, you have nothing to fear,” fail to understand the purpose of rights—to protect you from a government that could one day see YOU as the problem.
