[HN Gopher] Data brokers selling license plate location and anal...
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       Data brokers selling license plate location and analytics data
        
       Author : JohnMakin
       Score  : 81 points
       Date   : 2023-07-26 17:09 UTC (5 hours ago)
        
 (HTM) web link (www.tlo.com)
 (TXT) w3m dump (www.tlo.com)
        
       | TechBro8615 wrote:
       | My instinctual reaction to this has always been "well, you drive
       | around in public, and your license plate is on the back of your
       | car, so of course you can't expect privacy of it any more than
       | you can stop someone from following you and taking photos of it."
       | 
       | And generally I feel it's a valid argument, but it exposes two
       | root problems:
       | 
       | 1) Scale: There is a clear difference between a single person
       | photographing license plates in a parking lot, or even a single
       | person following one car, compared to an enterprise
       | industrializing that tracking process through wholesale procuring
       | of security camera footage or similar.
       | 
       | 2) Linkage: Even if your license plate can be tracked, why should
       | it be linked to your identity? The answer is that it really
       | shouldn't. Of course you can register your vehicle to an LLC, but
       | even if you don't do that, you shouldn't expect anyone on the
       | road to map your license plate to your address. But again we
       | return to the problem of scale, because ultimately someone could
       | see your car in your driveway, then see it on the road, and
       | therefore know your starting location and current location.
       | 
       | The first problem of scale, while clearly exposing an obvious
       | difference, doesn't seem easily resolvable to me, because at what
       | point is a process "industrialized?" How do you legislate against
       | this without imposing on constitutionally protected activity, or
       | at least basic pseudo-freedoms like freedom of commerce? And how
       | do you avoid regulatory capture granting carve outs to a few
       | anointed large corporations to continue the practice, especially
       | if they're the same corporations that "contract" with the
       | government? [One side-problem/solution here is the lack of
       | transparency of, or restrictions on, government purchasing
       | "public" data.]
       | 
       | The second problem of linkage, seems more easily addressable (no
       | pun intended). States should put more protections on license
       | plate databases, and make it easier for people to register their
       | vehicle through a proxy, even without needing to create an LLC.
       | But you still have the problem of "manual" linkage using photos
       | of driveways.
       | 
       | But the larger, perhaps root issue, is that modern technology is
       | exposing a middle ground between "private" and "public"
       | (meta)data - we see this with enterprise-scale tracking of public
       | information, and also with "personal data" shared with limited
       | audiences on social media sites, where it's obviously not
       | _private_ because you intend to share it with people, but you
       | also don 't intend to share it with _everyone_.
        
         | CPLX wrote:
         | We can just make it illegal if we want. We can pass a law and
         | then enforce that law.
         | 
         | There's plenty of precedent for similar laws. Credit reports
         | are another form of aggregating information about you that
         | comes from other people's reporting and it's extremely
         | circumscribed.
         | 
         | You can't keep files on what people think of my credit history
         | without following very very detailed rules, as well as being
         | strictly liable in private action for breaking any of the rules
         | even by small technicalities.
         | 
         | We can outlaw this if we want. Or restrict it heavily.
         | 
         | I'm tired of listening to arguments that we can't regulate
         | commerce. It's just learned helplessness after listening to
         | generations of corporate lobbying.
        
         | zen_1 wrote:
         | This comes down to the difference between certain people around
         | town recognizing your car if they happen to see it pass by, vs
         | them hiring dedicated car-watchers all around town to keep
         | track of your comings and goings and selling the data to anyone
         | who comes asking. One is acceptable, the other is simply not.
        
         | phantom784 wrote:
         | Privacy could be a use case for those e ink license plates that
         | have started showing up in California.
         | 
         | Instead of the "real" number, change the plate every 5 minutes
         | using some sort of OTP algorithm. Makes it impossible for
         | anyone with a camera to put together a location database, but
         | the car is still identifiable by law enforcement if necessary.
        
           | cryptonector wrote:
           | An OTP license plate scheme is a very interesting idea. The
           | license plate would probably have to get larger to
           | accommodate more characters.
           | 
           | EDIT: I wonder why you got downvoted. I've recently been
           | seeing a lot of downvoted comments that there's little
           | conceivable reason to downvote, so I wonder if downvoting is
           | a new way of trolling.
        
             | floren wrote:
             | Well, for starters, if you witness a hit and run and don't
             | note the EXACT time along with the plate number, you're
             | outta luck.
        
               | tzs wrote:
               | Assuming that the function that generates the plate
               | numbers from the current time and a per plate seed is
               | deterministic this shouldn't be a problem.
               | 
               | You tell the police you saw the car with plate 2XYZ345 do
               | a hit on run and give a time range. The state would have
               | the seeds in its plate owner database and could generate
               | a list of all cars that had 2XYZ345 sometime in that time
               | range.
        
               | Johnny555 wrote:
               | Presumably such a system would keep a history of expired
               | identifiers, so law enforcement could still look it up
               | after it's been expired and replaced with a new one.
        
             | mike_d wrote:
             | It is being downvoted because it is a silly idea. These
             | systems are ran in cooperation with the state, who in turn
             | would just un-OTP your plate at the time of scan. That
             | means average citizens are the only ones who would end up
             | with less data.
        
               | Johnny555 wrote:
               | _That means average citizens are the only ones who would
               | end up with less data_
               | 
               | That doesn't sound like a drawback, I can understand the
               | public benefit of the police being able to look me up by
               | license plate number but not for the average citizen
               | being able to do the same. This is separate from the
               | issue that there should be stricter limits on law
               | enforcement use of the data.
        
               | brightlancer wrote:
               | I can understand the public benefit of the government
               | being able to stalk me but not for the average citizen
               | being able to do the same. When the government does it,
               | it's obviously for The Greater Good(tm).
        
               | mike_d wrote:
               | Average citizens are not the ones operating bulk
               | collection systems. They are simply writing down a plate
               | number of the car parked next to them when they find a
               | giant door scratch in a parking lot.
        
           | baby_souffle wrote:
           | > Makes it impossible for anyone with a camera to put
           | together a location database, but the car is still
           | identifiable by law enforcement if necessary.
           | 
           | Isn't it LEO that's deploying most of these systems? At least
           | around here, *MOST* of the motorola cameras I see are on
           | public roads / traffic signals. Bit of google shows EFF and
           | other orgs FOIA-ing various counties in CA and a lot of them
           | got federal money for their police to install them...
        
             | darkclouds wrote:
             | Privacy is a luxury only the rich can buy.
        
           | brightlancer wrote:
           | > Makes it impossible for anyone with a camera to put
           | together a location database, but the car is still
           | identifiable by law enforcement if necessary.
           | 
           | First, let me laugh at the idea that state and local LE could
           | technologically do anything that the public is unable to do.
           | 
           | Second, let me cringe at the idea that it's OK for the
           | government to stalk individuals.
        
           | confounded wrote:
           | Had never heard of these plates. At least the current models
           | may well make the problem worse:
           | 
           | > _" In addition to the flexibility of the display, the
           | digital plates also sport a tracking device that will alert
           | the police to the location of a stolen vehicle and allow for
           | general vehicle tracking. While a lot of people can get
           | behind the idea of never going to the DMV again, not a lot of
           | people are thrilled about the whole "license plate as
           | tracking device" angle"_
           | 
           | From: https://www.reviewgeek.com/4225/california-unveils-new-
           | e-ink...
        
         | ssss11 wrote:
         | Scale, Linkage and Permanency. If I drive around, people seeing
         | that don't permanently record it but a data broker will.
         | 
         | These have long been things overlooked by the "who needs
         | privacy" crowd but they're what's most important.
        
         | b1gbr0ther wrote:
         | There is a third concern besides scale and linkage -- errors
         | and accountability. Sometimes these services are _wrong_.
         | 
         | When they are wrong, and people get arrested, go to jail, or
         | pay thousands in legal fees to clear themselves...there is no
         | accountability. Sometimes, the law enforcement who use the
         | systems rely _ONLY_ on these systems, not on the underlyer data
         | (e.g. images) to validate an arrest.
         | 
         | Minimally, the services should have to produce an original
         | image/video when surfacing information that will be used for
         | legal action. Secondly, the services should be held financially
         | responsible for legal costs when mistakes are made.
         | 
         | https://www.nytimes.com/2020/12/29/technology/facial-recogni...
        
           | notquitehuman wrote:
           | I'll add a fourth: these services will inevitably be hacked,
           | their data added to multiple darkweb data dumps, and
           | circulated among nation states, hackers, and advertisers for
           | the rest of time.
        
         | bippihippi1 wrote:
         | would you really not expect that people shouldn't follow you
         | around? if i drive around the city taking pictures of you in
         | your car, that's harassment. why can a company do it? it's one
         | thing for it to be available for polling if there's a crime,
         | it's another thing to sell that data to anyone
        
           | brightlancer wrote:
           | > if i drive around the city taking pictures of you in your
           | car, that's harassment.
           | 
           | Not if you have a government provided license, i.e. for
           | private investigators.
           | 
           | It looks like harassment, quacks like harassment, but the
           | government got their money so they've said it's not
           | harassment.
        
             | JohnFen wrote:
             | It's still harassment, it's just legally permissible
             | harassment.
        
       | Modified3019 wrote:
       | If we want thus to stop, we'll need to set up an open source
       | project that likewise tracks politicians, CEOs and judges.
        
       | yegle wrote:
       | I always had the idea of building something similar to this for
       | my own use: have a dashcam recording while I was driving, and
       | every night taking those videos and extract the
       | timestamp/GPS/plate number and a short video clip of all cars I
       | encountered on that day.
       | 
       | I haven't thought too much about why documenting these would be
       | useful, but on top of my mind I could get answer of these
       | questions: - have I seen this fancy/unique looking car in the
       | past? - is this the same douche bag that I saw last week who
       | can't drive? - what's the last CA plate number starts with now?
       | Is it 9G or 9H? - are there more people driving w/ a 9[A-Z] plate
       | in my town? (As a proxy of knowing how many people are still
       | buying new cars in my town)
        
         | alsodumb wrote:
         | I believe this is illegal in many states.
        
           | loeg wrote:
           | It is sometimes illegal for cops/parking enforcement to do
           | this, which might be what you are thinking of.
        
           | CameronNemo wrote:
           | Why would it be illegal? You are just filming things you see
           | in public.
        
         | rahimnathwani wrote:
         | Ring should make a dashcam.
        
           | greyface- wrote:
           | They do. https://ring.com/products/car-cam
        
             | rahimnathwani wrote:
             | Wow, a network of these with ANPR would be better than
             | fixed cameras.
        
       | xnx wrote:
       | Why get the data piecemeal from license plates, when you can get
       | it straight from the cars themselves? /s
       | 
       | "New Tool Shows if Your Car Might Be Tracking You, Selling Your
       | Data": https://www.vice.com/en/article/n7enex/tool-shows-if-car-
       | sel...
        
         | throwbadubadu wrote:
         | Related and recent: Autoenshittification!
         | 
         | https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-de...
        
       | dpiers wrote:
       | Is this news? I'm genuinely asking - TLO and other skip tracing
       | tools have been around for a while, and have been offering
       | license plate location data for years.
       | 
       | The ACLU issued a report on how ALPR devices are used to track
       | people in July 2013 (1).
       | 
       | Flock Safety (2) was founded in 2017 and has raised $381M from
       | name-brand VCs like Tiger Global and A16Z. The ACLU raised
       | concerns about them a year ago in a report. (3)
       | 
       | No one has been keeping it secret.
       | 
       | 1: https://www.aclu.org/documents/you-are-being-tracked-how-
       | lic...
       | 
       | 2: https://www.crunchbase.com/organization/flock-safety
       | 
       | 3: https://www.aclu.org/report/fast-growing-company-flock-
       | build...
        
         | olyjohn wrote:
         | No, people do not know these services exist.
        
           | brightlancer wrote:
           | I think people know these exist. As this thread shows, I
           | think lots of people don't _care_ that it exists, or only
           | object to the data being sold to Amazon rather than DHS.
        
         | JohnMakin wrote:
         | No, I don't think people realize it. Also, these brokers are
         | basically the sole gatekeepers for this type of information -
         | as AI recognition software becomes more potent, I think this
         | kind of data becomes much more dangerous.
        
       | mylons wrote:
       | how do these services work? is it something on the car giving
       | away info about the vehicle?
        
         | vector_spaces wrote:
         | It's crowdsourced from PIs and other entities that install
         | plate readers in parking lots, highways, and on their own
         | vehicles
         | 
         | [1] https://slate.com/technology/2020/07/customs-border-
         | protecti...
         | 
         | [2] https://www.vice.com/en/article/ne879z/i-tracked-someone-
         | wit...
        
           | mike_d wrote:
           | Even better, they lease the camera systems to police
           | departments to put on traffic lights at major intersections
           | and along highways.
           | 
           | When doing a search very few of the hits I've seen have been
           | from vehicle mounted cameras.
        
             | brightlancer wrote:
             | I can't speak to the ratio, but I know many local law
             | enforcement agencies which mount these on patrol cars --
             | the LE agency benefits from access to the databases and in
             | return provides data to the databases.
             | 
             | There are tons of private collectors, but lots of LE
             | agencies are doing it too.
        
         | JohnFen wrote:
         | It's all about the databases. Reading license plates isn't, all
         | by itself, a very serious privacy problem. It becomes a
         | problem, though, when that data is combined with hundreds or
         | thousands of other data points (each of which also aren't a
         | huge deal in isolation).
         | 
         | The privacy violation isn't really in the camera, or the
         | telemetry, or any other data point you generate that is
         | collected. It's in the combining of all of these things into a
         | profile.
        
       | timewasterthrow wrote:
       | I know someone that caught their wife cheating by using the
       | ChargePoint app the wife used to charge their Chevy Bolt.
       | 
       | The wife charged their Chevy Bolt at work, which had a paid
       | 'public' charger at her work site. The wife charged everyday and
       | left it there so it could maintain battery and AC if she wanted.
       | The chargepoint app shows the last vehicle that charged there,
       | and a history of the last few days.
       | 
       | He checked her works charger histories, and noticed over a few
       | weeks that on days she said she was still at work, the car wasn't
       | showing on ChargePoint. He knew she was a charging fanatic. He
       | drove to the work once. Verified she wasnt there. Called her and
       | talked to her about how her work day is going. She pretended like
       | she was at the actual office. She wasnt. At that point he knew,
       | but took a few more days to fully get proof.
        
       | manzanarama wrote:
       | Can you register cars under a company or other shell entity? I
       | feel like the only way to get around this kind of stuff is to
       | have layers of abstraction above your identity.
        
         | wmf wrote:
         | From what I read, the problem is that you need to have the
         | driver's name on the insurance policy even if the car is owned
         | by a corporation.
        
         | mindslight wrote:
         | Sure! Enjoy your higher taxes and fees, extra parking
         | restrictions, and possibly being unable to represent yourself
         | in court.
        
       | davidkellis wrote:
       | My tin-hat alter ego says the three letter agencies are creating
       | these companies for the sole purpose of then purchasing the data
       | and skirting the law. But that guy is crazy. ha ha.
        
         | brightlancer wrote:
         | Why would the three letter agencies need to do that? There's
         | plenty of money to be made by private businesses doing it with
         | fewer risks of violating the law.
         | 
         | And the TLAs aren't interested in selling this info to state
         | and local agencies, while that's probably the bigger dollar for
         | private businesses.
        
           | colechristensen wrote:
           | Because sometimes there are laws that prevent governments
           | from doing things which don't prevent them from buying the
           | results.
        
             | johnea wrote:
             | In the US it's illegal for anyone to do it.
             | 
             | This is just as clear a violation of the 4th amendment as
             | the multi-billion dollar goggle empire.
             | 
             | But nobody really cares about that do they? Laws are
             | routinely enforced or ignored based on which option allows
             | the largest profits for incumbents.
        
               | jonathankoren wrote:
               | The 4th amendment only applies to the government, and has
               | only ever applied to actual tangible property. This is
               | being in public where there is no expectation of privacy.
        
               | JohnFen wrote:
               | This. The Bill of Rights doesn't protect us here. We need
               | plain old lawmaking.
        
               | singleshot_ wrote:
               | The fourth amendment, of course, also applies to private
               | actors when they become essentially agents of the state,
               | by taking in a role traditionally within the purview of
               | the state, so long as the state knows of the activity,
               | more or less. If you would like a more accurate
               | definition, you can search for "state actor doctrine" and
               | you will find some cases about railroads drug testing
               | employees and parcel carriers searching packages for
               | contraband.
        
               | singleshot_ wrote:
               | Wait, what? The fourth amendment only applies to tangible
               | property? So for instance, is cell site location
               | information "tangible property?"
        
           | TechBro8615 wrote:
           | It doesn't even need to be nefarious or direct. Companies
           | founded by an "ex TLA employee" have increased credibility,
           | and might even procure investment from openly CIA-affiliated
           | venture capital firms like In-Q-Tel. And since the founder
           | has a security clearance (they're "in the club"), the company
           | will have no issues procuring government contracts.
           | 
           | The revolving door works in both directions.
        
         | jonathankoren wrote:
         | They don't need to create the companies. They just buy from
         | them.
         | 
         | Anyway, license plate info isn't considered a search because
         | it's in public, and the SCOTUS doesn't care about how scale
         | makes what used to be tolerable, a very different beast.
         | 
         | https://www.eff.org/deeplinks/2022/08/how-law-enforcement-ar...
         | 
         | https://www.brennancenter.org/our-work/research-reports/auto...
        
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