In the last week of January 2023, a vast network of cameras scanned 16.2 million cars across Westchester County, raising significant privacy concerns. Westchester County police managed this extensive surveillance system, comprising 480 cameras dedicated to collecting license plate reader information throughout the county. This database, containing data from over 20 cities in Westchester, spans two years and is accessible to more than 100 organizations, including law enforcement and federal agencies.
The controversy centers on whether the county's use of this database violates its own laws limiting cooperation with federal immigration authorities. Since 2018, Westchester has had regulations in place designed to protect undocumented immigrants by restricting collaboration with agencies such as U.S. Customs and Immigration Enforcement (ICE). However, ICE and several other federal entities, including the Department of Justice, the Drug Enforcement Administration (DEA), the Secret Service, and the FBI, have had access to this expansive database.
The Extent and Accessibility of Data
The vast system of cameras in Westchester County forms part of a broader nationwide platform managed by Rekor, a company specializing in license plate readers and software. This platform allows law enforcement agencies to access real-time data from any part of the network without incurring costs. Each month, the database includes information from over 150 million plate reads, effectively tracking individuals' movements across the country.
The Westchester police have discussed establishing formal data-sharing relationships with other agencies like the New York Police Department (NYPD) and the Fire Department of New York (FDNY). A Westchester police lieutenant expressed interest in exploring a potential "Data Sharing plan," highlighting efforts to broaden the scope of information exchange.
Despite the potential benefits for law enforcement, this extensive surveillance system has sparked a heated debate about privacy. Critics argue that the use of such technology could transform Westchester from a sanctuary county into a surveillance state.
"Westchester can be a sanctuary county or a surveillance state. It can't be both. This sort of mass tracking violates the promise made to undocumented residents that they will be safe in the county," said Albert Fox Cahn.
Privacy Concerns and Legal Implications
The widespread use of license plate readers has raised significant concerns regarding privacy and civil liberties. The ability to track individuals' movements so comprehensively poses questions about the balance between security and personal freedom.
Michael Soyfer shared his concerns about the intrusive nature of these surveillance tools.
"He was outraged by the loss of privacy," remarked Soyfer. "He noticed that he basically couldn't leave his neighborhood without one of the cameras picking it up."
The idea that someone's every movement could be mapped from New York City to Boston or Washington is unsettling for many.
"We're moving to a day where someone getting in their car in New York City could drive to Boston or Washington and have their car basically map every moment of the drive," stated Cahn.
Further complicating the issue are Westchester's existing laws aimed at limiting cooperation with federal immigration authorities. These regulations were implemented to assure undocumented residents that their privacy would be respected and that they would not be inadvertently exposed to federal immigration enforcement actions through local data sharing.
"It's unclear if Westchester County [was] violating the letter of its law, or merely its spirit, but either way it's clear that immigrant communities are at risk," Cahn added.
Surveillance State or Enhanced Security?
While the ability to track vehicles across multiple jurisdictions offers potential advantages for crime prevention and investigation, it also invokes fears of an all-encompassing surveillance state. Critics like Cahn argue that the American highways, once symbols of freedom, are now becoming metaphors for creeping surveillance and police control.
"It is profoundly and painfully ironic that American highways went from the symbol of freedom and the liberty of the open road to this metaphor for creeping surveillance and police control," Cahn commented.
For law enforcement agencies, access to such an extensive database can significantly enhance their capabilities. They argue that real-time data can help solve crimes more efficiently and ensure public safety. However, there is a delicate balance between leveraging technology for safety and infringing on individual privacy rights.