Back in 1983, the Supreme Court declared that "a person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another." That increasingly doubtful proposition underpins a nationwide network of more than 144,000 AI-assisted cameras that track the travels of innocent motorists across the country billions of times each week.

So far, state and federal courts have almost uniformly rejected constitutional challenges to automated license plate readers (ALPRs) installed by companies such as Flock Safety. But in a decision that could signal a shift in the legal treatment of Flock cameras, a federal judge in Oklahoma recently recognized that they enable "a type of indiscriminate mass surveillance."

ALPRs are much more sophisticated than the technology that the Supreme Court considered in 1983, when it approved the warrantless use of a radio transmitter that helped police tail a suspected methamphetamine manufacturer's car. Three decades later, by contrast, the Court said police should have obtained a search warrant before attaching a GPS tracker to another drug suspect's car.

The majority opinion in the latter case emphasized the physical intrusion necessary to install the tracker. But five justices embraced an alternative rationale, saying GPS tracking impinges on reasonable expectations of privacy by revealing potentially sensitive information about the target's historical whereabouts.

That theory came to the fore in a 2018 case involving mobile-phone location data collected by cell sites, which the majority said implicated the Fourth Amendment because "individuals have a reasonable expectation of privacy in the whole of their physical movements." The Supreme Court reiterated that principle this year, extending it to data collected by Google's Location History feature.

"An individual has a reasonable expectation of privacy in records about his cell phone's location," Justice Elena Kagan said in the majority opinion, "and police intrude on that constitutionally protected interest when they demand the information." By similar logic, U.S. District Judge Sara E. Hill concluded this month in the Oklahoma case, people have a reasonable expectation of privacy in ALPR records, and police therefore generally need a warrant to search them.

Those databases include "information about all vehicles that pass by any network-connected camera at all times," which police can peruse "on demand," Hill noted. "Freedom from persistent, dragnet-style surveillance while in public is not a foreign concept in our society, and it is a reasonable expectation that society already accepts," as reflected in the Supreme Court's cellphone decisions.

Like cars, cellphones "move in public places where people can see you in plain view," Hill wrote. "But it becomes constitutionally problematic when law enforcement can indiscriminately and passively catalog your whereabouts over an extended period of time and then use that information for any purpose whenever convenient."

At this point, Hill's decision is an outlier. "It appears that nearly every court examining the issue to date has determined that ALPR technology use is not a search under the Fourth Amendment because people have no reasonable expectation of privacy in their movements on public streets," she noted.

Last month, for instance, a federal judge in California held that ALPR database searches are "clearly distinguishable from and less extensive than the 'near perfect surveillance' achievable" with cell-site or Location History data. And the day after Hill's ruling, a state judge in California rejected a challenge to San Jose's Flock camera network, saying "there is no reasonable expectation of privacy in license plate data collected from cameras directed solely at public streets."

A federal lawsuit involving the same city's ALPR system, which the Institute for Justice filed last April, is still pending. So are challenges to Flock cameras in cities such as Wichita, Kansas, and Norfolk, Virginia.

Even when they reject such lawsuits, courts commonly acknowledge that the legal picture could change as the number and capabilities of ALPRs multiply. If so, it seems likely that Hill will eventually be joined by other judges who recognize the perils of "indiscriminate mass surveillance."

© Copyright 2026 by Creators Syndicate Inc.

The post Other Courts Should Heed a Federal Judge's Warning About Flock-Enabled Mass Surveillance appeared first on Reason Magazine.

Investigators also sought permission to use an invasive surveillance tool called a cell-site simulators against journalist Georgia Fort and a Minnesota state Senate candidate.

Ghana has rejected a proposed health compact with the United States that would have provided an estimated $109 million in US health funding over five years, with President John Dramani Mahama saying the agreement raised serious concerns over health data, financing obligations, and Ghana’s regulatory authority.

The decision places Ghana among a few African countries that have pushed back against new US health agreements introduced as Washington restructures its foreign assistance following the dismantling of USAID. Zimbabwe has also rejected a similar agreement, while Zambia has raised concerns over provisions in its negotiations with the United States.

Ghana raises concerns over health data

Speaking at the Council on Foreign Relations in New York on September 25, Mahama said the proposed compact was presented to Ghana as a replacement for health funding previously provided through USAID.

He said Ghana’s Ministry of Health reviewed the document before preparing a Cabinet Information Paper.

“Ghana is a sovereign nation, and we have our own processes. We are a democratic country,” Mahama said.

According to the President, the Cabinet identified several provisions that raised concerns, particularly those relating to Ghana’s health information.

“One, it says that we shall give the United States our pathogen profile,” he said, adding that the agreement also required Ghana to provide medical records.

“It also says we should give our medical records. I mean, who takes another country’s medical records? And so that was strange.”

Concerns over health-data sharing have been central to resistance to the new US health agreements in several African countries. 

No FDA inspection

Mahama also raised concerns about the treatment of medicines and other medical products supplied under the proposed arrangement.

He said Ghana would have been required to contribute funding to the program while, according to his account of the compact, the country’s Food and Drugs Authority would not have been able to inspect medicines or other medical products entering Ghana under the program.

“And then it also says that any medications or any medical products that shall be brought into our country, our Food and Drugs Administration has absolutely no right to inspect,” Mahama said.

“I mean, it was humiliating.”

Ghanaian officials had previously cited concerns about the proposed handling of sensitive health information as a reason for rejecting the agreement. Reporting on the negotiations also indicated that the proposed arrangement would have required additional investment from Ghana alongside the US contribution.

Cabinet rejected the agreement

Mahama said the proposal was rejected after the Health Ministry presented its assessment to the Cabinet.

He described the decision as unusually swift.

“It was the compact that was thrown out in record time in our Cabinet. I’ve never seen anything thrown out as fast as that.”

He said the government subsequently instructed the Health Minister to communicate Ghana’s position to the US ambassador.

“And so, of course, we rejected it. And we asked the health minister to inform the US ambassador that we didn’t need it. We’ll manage ourselves.”

The proposed agreement would have provided Ghana with about $109 million in US health assistance over five years. The negotiations had begun in late 2025.

A wider concern over health sovereignty

Ghana’s decision comes as the United States seeks to shift its approach to global health cooperation. The new US strategy places greater emphasis on recipient countries taking responsibility for financing and delivering health programs, while Washington reduces its traditional aid commitments.

Kenya became the first African country to sign the agreement which was challenged in court, followed by similar arrangements with Rwanda, Liberia, Uganda, Lesotho and Eswatini, among other countries. Ravi Ram from the People’s Health Movement (PHM) East and South Africa, told BreakThrough News in December 2025, that  “Bilateral agreements between the US and Kenya and other African countries are meant to limit the ability of any one ‘partner’ country to challenge the terms of implementing the agreement, due to the unequal power relations.”

The concerns among health activists and concerned Africans is the ability of African states to determine their own health priorities, regulate medicines, control sensitive health information, and collectively negotiate the terms of international health cooperation.

As AI-powered biometric identification is adopted by police, national authorities should go beyond legal requirements to build trust within the public, a watchdog report has advised.

“To build public trust, law enforcement should publish the results of their fundamental rights impact assessments, going beyond what the AI Act requires,” said the Fundamental Rights Agency (FRA), an EU branch which keeps tabs on citizens’ freedoms, in Vienna on Wednesday (30 September).

After collecting data from seven EU countries (France, Germany, Greece, Hungary, Italy, the Netherlands, and Ireland), the watchdog warned that several member states have yet to put necessary frameworks in place as they adopt automated systems to identify people.

Remote biometric identification is increasingly used to compare people’s profiles against databases or watch lists, but as the technology develops it could be rolled out for real-time use in public areas. 

“With clear safeguards and independent oversight, remote biometric technologies can support policing without undermining the very freedoms it is meant to safeguard. Ultimately, it is about trust,” said FRA chief Sirpa Rautio.

Call for disclosure mechanisms 

Effective implementation of the EU AI Act requires clear national laws and consistent safeguards to ensure that AI-powered technologies are not used to identify people taking part in peaceful demonstrations or public gatherings, the FRA says.

The body warns that automated identification of live data may affect people’s private lives and interfere with their right to protection of personal data.

In its survey, 37 percent of people said they fear their data could be used for unauthorised purposes. 

And 29 percent of people surveyed by FRA said they would be less willing to take part in peaceful demonstrations or protests if facial recognition was used.

The FRA is worried that surveillance tech powered by AI could be used in exactly those scenarios.

In principle, the EU’s AI Act adopted in 2024 bans real-time remote biometric identification systems in public spaces. But exemptions exist for law enforcement authorities using the technology for finding victims or missing persons, to prevent threats to life or physical safety, stop a terror attack, or to find criminal suspects.

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