The Greatest Trick Big Brother Ever Pulled

Authored by Daniel Nuccio via The Brownstone Institute,

“The greatest trick the Devil ever pulled was convincing the world he didn’t exist” is a quote generally attributed to Charles Baudelaire – or possibly Keyser Söze – depending on who you ask on the internet.

Something similar can be said about Big Brother.

When you think about what our emerging surveillance state will look like, you think “1984.” You imagine East Germany powered by Google and Amazon. You recall your favorite dystopian sci-fi film—or maybe horror stories of China’s social credit system. Thoughts of a frustrated middle-aged police chief from a mid-sized Midwestern town attempting to procure security cameras with innovative new features probably don’t come to mind. You definitely don’t think of a guy in a lawn chair jotting down the license plate numbers of passing vehicles in a notebook. And that’s partly how the surveillance state is going to emerge as it creeps its way into one small town at a time.

Whether a surveillance state is the end goal is hard to say. The police chief of Pawnee, Indiana probably isn’t plotting the development of his own mini-Oceania. But, 18,000-plus mini-Oceanias operating across multiple platforms with varying degrees of integration, both locally and nationally, is undoubtedly the direction in which we are heading as salespeople peddle shiny new surveillance gadgets to cities big and small, making often unverified but intuitively appealing claims of how their devices will decrease crime or prove to be useful investigative tools.

Facial recognition tends to be the surveillance gadget that receives the most attention these days. You’ve seen it in movies and maybe feel some unease over visions of government agents sitting in a penumbrous room illuminated only by the faint glow of countless monitors with little boxes tracking the faces of every person walking down a busy city street. Likely, by now, you’ve also probably heard of facial recognition being used for relatively petty purposes or leading to incidents in which innocent people were harassed or arrested because a program made a mistake. Maybe you’ve even been following the efforts to ban the technology.

Yet, other surveillance gadgets that aren’t quite as sexy or as prevalent in pop culture manage to remain under the radar of even the most privacy-conscious as they are promoted through law enforcement peer referral programs organized by surveillance gadget companies seeking to have their devices in every town in America.

Some, such as gunshot detection devices, may seem relatively benign, although there have been concerns they might pick up bits of conversation on quiet streets. Others, such as cell site simulators, are quite a bit more intrusive as they can be used by law enforcement to monitor the location of people through their cell phones, as well as collect metadata from their calls and a considerable amount of other information.

Automatic license plate readers, or ALPRs, can be used to log a person’s movements through the license plates of their vehicles. Given the exponential increase in their use over the past few years and the ease with which data from the cameras of some vendors are integrated, they also pose a threat to privacy on par with facial recognition and cell site simulators.

Often positioned on street lights, traffic lights, independent structures, or police vehicles, ALPRs are a type of camera that captures the license plate and other identifying information of passing vehicles before comparing the information in real time to “hot lists” of vehicles actively being sought by law enforcement and transmitting the information to a searchable database. ALPRs sold by some companies are even said to be able to assess a car’s driving patterns to determine whether the person behind the wheel is “driving like a criminal.”

Depending on the vendor and the particulars of their contract with a municipality or private entity leasing the cameras from them, the information the cameras collect is maintained usually for thirty days but sometimes for a period of months or even years.

Although on the surface this may sound relatively unintrusive, leading to places such as Nashville approving ALPRs while rejecting facial recognition, what this ultimately does is create a searchable database for the timestamped rough location of any individual who regularly travels using a single vehicle—in other words, most Americans especially those living outside of major cities.

Jay Stanley, a senior policy analyst with the ACLU’s national office, who has written extensively on matters pertaining to technology, privacy, and surveillance, stated in a 2023 phone interview, “There’s no question that if you get enough license plate readers and you got one on every block, that put together … can create a GPS-tracker-like-record of my movement and even if there’s, you know, only one every ten miles and [I’m] driving around the country, I’m driving from Texas to California or what have you, that can be very revealing as well.”

Subsequently, organizations such as the Electronic Frontier Foundation, a privacy advocacy group, and the Brennan Center for Justice, a self-described “non-partisan law and policy institute,” have expressed concerns that the devices could be used to track the activities of protesters and activists.

If ALPRs were as prevalent during lockdowns as they are now, it’s not difficult to imagine at least some governors or mayors using them to track and reprimand those who dared violate Corona law.

Furthermore, sometimes the devices do make mistakes, leading to claims by individuals and families that they were psychologically traumatized after they were pulled over, held at gunpoint, searched, and handcuffed by police essentially due to a computer error.

As for the benefits they provide in terms of making communities safer, quantitative data demonstrating their success tends to be lacking.

The University of Washington’s Center for Human Rights released a report in December 2022 indicating hit rates for ALPRs, or the percentage of license plates photographed by ALPRs within a municipality that are associated with a vehicle being sought by law enforcement, tend to fall below 0.1 percent, meaning a lot of data have to be collected on a lot of law-abiding citizens in order for the devices to be of any use. Moreover, even when they do aid law enforcement in finding a wanted vehicle, the end results still can be somewhat underwhelming.

The University of Illinois’ Community Data Clinic, for example, in a preliminary report dated Fall 2023, indicated that of 54 instances law enforcement in Champaign, one of the two cities U of I calls home, accessed data from their ALPRs within a particular period, only 31 of those instances likely involved felonies, most of which did not involve a firearm. The University of Illinois report went on to indicate only ten of those instances led to an arrest or an arrest warrant and only two of those arrests led to formal charges.

As demonstrated at an October 2021 town hall regarding ALPRs in Urbana, Illinois, Champaign’s sister city, even proponents of the devices struggle to produce a single study showing that the cameras deter or prevent gun violence, which is often one of the main reasons communities turn to ALPRs in the first place.