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The Chilling Effects Of License-Plate Location Tracking

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By Mica Moore, ACLU & Bennett Stein, ACLU Speech, Privacy and Technology Project at 12:12pm

Location tracking has far-reaching implications for the way we live, even if we don’t think we’ve done anything wrong. Our recent report, “You Are Being Tracked,” shows that automatic license plate readers allow law enforcement to track every car on the road, not just those relevant to an investigation. This type of widespread tracking endangers our rights of protest and association and has the potential to reach deep into our lives and alter our daily decision making.

License plate readers are poised to become commonplace. As we note in our report:

…as license plate readers have proliferated, they no longer capture individuals’ movements at only a few points. Increasingly, they are capturing drivers’ locations outside church, the doctor’s office, and school, giving law enforcement and private companies that run the largest databases the ability to build detailed pictures of our lives.

Knowing or suspecting that we’re being watched can stop us from engaging in certain kinds of behavior, even when it’s perfectly lawful. For example, it might affect our decision to go to a certain barber (what would my other barber say?), meet up with a friend (what would my mom say?), eat at a restaurant (what would my trainer say?), or take the scenic route (is it suspicious that I’m not using my normal route?). Surveillance changes the way we make daily decisions—the same way that a rapidly approaching police car in your rearview mirror may make you feel nervous even when you are driving completely lawfully.

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