DeFlock South Dakota: No License Plate Readers

The South Dakota Legislature is expected to consider legislation to enact “safeguards” on license-plate readers (LPRs). Tell your state legislators to fully prohibit LPRs and other surveillance-state policies — not just “limit” them.

On August 12, South Dakota Attorney General Marty Jackley announced that he would propose legislation for the state Legislature “to ensure that License Plate Reader (LPR) technology is used solely for legitimate law enforcement purposes with strong protections for the public’s privacy.”

Jackley’s press release claimed that “LPRs have proven valuable in helping investigators solve serious crimes and for public safety,” but that “their use must be balanced with clear, responsible limits.” Specifically, he called for “limiting LPR use to legitimate investigative purposes and requiring the destruction of data within an established period of time.”

Although Jackley’s proposal sounds good, enacting “limits” on LPRs is not enough — state legislators must ban them. For instance, they undermine the Fourth Amendment’s protection of “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

Additionally, The New American has reported about Flock LPRs:

Flock has received sizable pushback for operating under bad licenses, misreading plates, and getting vehicle “fingerprints” wrong, leading to innocent citizens being stopped and harassed. The tech is even being weaponized by law enforcement to stalk people.

Additionally, the use of LPRs is expanding the federal surveillance state. As the Tenth Amendment Center reported:

As reported in the Wall Street Journal, the [federal Drug Enforcement Agency] operates the National License Plate Reader Program (NLPRP). The system tracks the location of millions of vehicles through data provided by ALPRs operated on a state and local level. They’ve engaged in this for over a decade, all without a warrant. There wasn’t even public notice of the policy until 2019.

As confirmed by the NLPRP itself, state and local law enforcement agencies partner with the DEA. State and local authorities operate most of these tracking systems, often paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the “crime” of driving – without having to operate a huge network itself.

Since a majority of federal license plate tracking data comes from state and local law enforcement, laws banning or even restricting ALPR use are essential. As more states pass such laws, the result becomes more clear. No data equals no federal license plate tracking program.

The growing use of LPRs is an example of an emerging “algorithmic state” directed by the federal government. They blatantly threaten individual liberty and privacy, and any limited “benefits” are clearly outweighed by their dangers.

As Benjamin Franklin famously declared, “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”

State legislators must protect “essential liberty” and resist the urge to “obtain a little temporary safety.” Contact your state legislators, and urge them to outlaw LPRs.