Although most Americans understand that surveillance techniques are becoming more common every day, most are likely not aware of the lengths to which the government goes to track us. The truth is, government tracking occurs more frequently and, in more ways, than most would guess. Incredibly, it is often a matter of large-scale efforts, aerial and physical surveillance, and even biometric data that can impact us all. Why all the data collection? Government agencies such as DHS, NSA, FBI, and CIA say crime prevention and national security require it.
Some Specifics
Internet searches, browsing patterns, messaging, and more are available for mass data collection. Under the Foreign Intelligence Surveillance Act (FISA), phone metadata that travels through undersea cables and internet hubs is accessible without a warrant when that data interacts with foreign entities. Thus, the government can identify the numbers called, as well as the location and duration of calls. Government agencies also use cell-phone data for geolocation on a large scale to determine who was in the vicinity of a crime. The facts around surveillance in this country are disquieting:
- Literally hundreds of millions of American citizens have had their data collected by the Intelligence Community. Mass surveillance operations include efforts to follow texting patterns, listen in on phone calls, and eavesdrop electronically.
- Some federal agencies oversee numerous social media platforms that typical Americans interact with daily, from X to Facebook and beyond.
- Aerial surveillance by drones or manned aircraft allows arbitrary mass surveillance of rural and/or urban areas. This is particularly worrisome because there are very few privacy protections on the books in this area. Along with high-resolution cameras being utilized, there are drones with license plate readers, facial recognition technology, motion detectors, infrared cameras, and heat sensors.
- Automated license plate readers (ALPR) are ever-present these days, and the data from Flock, the company behind the readers, is available to basically anyone who wants it. Recently, much of this information has been used to identify the movements of immigrants in the country.
- Government entities also purchase personal information from data brokers, which is a simple and fast way to get personal information without a warrant.
- Facial recognition technology (FRT) is operating in more and more public spaces as retailers opt for the ability to scan customers’ faces in order to hunt for alleged shoplifters and other individuals who have been targeted by law enforcement. BOLO alerts (be on the lookout for) from police are turning this type of surveillance into what some call a “mass surveillance machine,” one that is frequently misused, imprecise, and often is responsible for wrongful arrests.
- All of these forms of surveillance are out there being used with regularity, oftentimes collecting data on innocent and unsuspecting individuals.
Fighting to Protect Your Rights
At Boertje & Associates, we care about our clients, and we care about the Constitution. If you find yourself facing criminal charges and your rights have been compromised, we will fight to make things right on your behalf. To discuss, contact our San Diego office for a confidential consultation today.