Congress Launches Investigation into Flock After 404 Media Reporting

Two members of Congress have launched a formal investigation into automatic license plate reader (ALPR) company Flock and demanded it turn over details of all searches of its national camera network concerning Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and abortions. The move comes after 404 Media revealed that local cops were performing lookups in Flock on behalf of ICE or for immigration enforcement, and that a Texas officer searched cameras nationwide looking for a woman who self-administered an abortion.

The congressional investigation is just the latest impact from those investigations, which have resulted in a wave of similar coverage around the country and Flock making major changes to its platform. The letter announcing the investigation explicitly cites 404 Media’s articles.

Congressman Raja Krishnamoorthi, Ranking Member of the Oversight Subcommittee on Health Care and Financial Services, and Congressman Robert Garcia, Ranking Member of the House Oversight Committee, are asking Flock for a briefing and answers to their questions “To ensure that the public at large cannot be tracked without their knowledge or consent by potentially unaccountable and hostile officials,” the letter reads.

Part of that letter asks for “an account of all National Lookup searches that contain any of the following words, including the date of the search, the location of the search, the collection location for data accessed as part of that search, and the originating entity of the search.” It then specifies ICE, CBP, and “abortion.”

The letter also asks for voluminous documents concerning Flock’s policies on data access; how many times Flock has blocked a data request; any misuse of its system; and a mass of communications between Flock and law enforcement customers. In a press release, Krishnamoorthi’s office called it “a formal investigation into Flock Group Inc. over its role in enabling invasive surveillance practices that threaten the privacy, safety, and civil liberties of women, immigrants, and other vulnerable Americans.”

404 Media’s investigations were based on “Network Audits” which show what agency searched a set of Flock cameras and for what given reason. Flock’s national lookup feature allows “all law enforcement agencies across the country” who are also opted-in to search an agency’s cameras. For example, the Network Audit for the first ICE-related investigation came from the Danville Police Department in Illinois. This showed other police departments across the U.S. searching Danville’s cameras. The Network Audit was shared with 404 Media with researchers who asked to remain anonymous to avoid retaliation.

The abortion-related investigation was based on Network Audits obtained by Rose Terse and others and shared with 404 Media. In that case, the sheriff from the agency that performed the search told 404 Media the subject’s family was worried for her safety after she self-administered an abortion. Health surveillance experts said they still had concerns with the nationwide search. The reason for the search included in the Network Audit was “had an abortion, search for female.”

In a statement on Thursday Flock told 404 Media “We appreciate the Committee’s interest in and attention to the important civil liberties issues surrounding law enforcement use of Flock Safety’s technology to protect communities and make them safer and look forward to responding to this request. As a company founded to achieve those objectives while protecting constitutional rights, we at Flock take these issues extremely seriously and appreciate the opportunity to work with you.”

After 404 Media’s investigations Flock removed a number of states from its national lookup tool. In July, Senator Ron Wyden of Oregon announced an agreement by Flock to block any out-of-state police searches related to abortion or immigration.