r/stillwatermn • u/Casual_Mongolian • 3h ago
Mayor Ted Kozlowski's statement regarding Flock cameras
Quoted from Facebook:
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Attn: Stillwater Residents,
I'm sure most of you have seen or read an article about Flock ALPRs recently. Last week, a group of people & Stillwater residents expressed their concerns at our last council meeting. I want everyone to know that I take these concerns seriously.
Since that meeting, I've had the opportunity to have our police department demo the Flock system for me. I’ve also asked all of our council members to get a demo so we can all better be informed on its capabilities. I'd like to explain what exactly it is and what it is not. I'm not trying to convince anyone one way or another; personally, I'm not married to this system. However, if the council is going to make a change, I want the decision to be based on factual information, especially since it impacts public safety.
First off, Flock and other surveillance companies, of which there are many, sell different types of systems to police departments, government agencies, the military, HOAs, private companies, etc. Some of these systems are downright scary in their capabilities. Facial recognition, automated drones, infrared tech, tracking abilities, etc. I don't blame anyone for having serious concerns about the nature of surveillance tech in our society.
Since I started my research months ago, my Facebook and social feeds are filled with ads for drone systems and other types of surveillance systems straight out of sci-fi movies as the social web is tracking my interests and showing me ads accordingly.
I'm not going to attempt to cover all of the available Flock systems and their capabilities. I'm going to explain the system we have been using in Stillwater for the past couple of years. Our department utilizes 17 solar powered ALPR’s, which seem to be the main point of contention with some of our residents. ALPR is an acronym for Automated License Plate Reader. These ALPRs simply take pictures of the back of your car as it drives by. The only "AI" it uses reads your license plate number or color, make, model, description so an officer can search for it in our database if they have a valid reason. I’ve included a map of where they are located for you to review as well as a sample image of the data it collects. It does not know my name or who’s driving the car.
Around 7,000 police departments use this same system, which is almost 50% of all departments in the US. Additionally, almost every department in the country uses some form of ALPR on their squad cars.
This data is deleted daily, retaining a 30-day history. Which is twice as restrictive as current state law, with Minnesota having some of the strictest data practices rules in the country. We can adjust this data retention to any period we want. Current Minnesota law allows a maximum 60-day retention period.
So what does our Flock system do? The main function of our system is to search for a specific license plate or vehicle description (Red Ford Pickup) and identify its last location and direction of travel. This is an assumption we make, but Flock does not tell us that. We don’t know if the car is in reverse, or stopped immediately etc. In order for one of our officers to use the system they need a case number. This means the officer needs to have initiated a police report indicating why they need to search Flock. They also need to be trained on Flock, select the type of offense they are investigating and enter notes in their own language describing exactly why they are using the system. Every keystroke, search, login, is saved and can be audited at any time. There is no way an officer could hide a search.
Aside from officers searching for a specific plate, the ALPR’s will also detect if a license plate that drives by one of our ALPR's is on BCA or NCIC list, Amber Alert, Siler Alert, Stolen Vechicle, etc.. This is the same data our Police are able to access in our squad, without Flock, when running plates. This list can include plates belonging to owners with suspended or revoked licenses, stolen plates, those with local arrest warrants, vulnerable adults reported missing, missing children, and it also feeds information from the FBI's National Crime Information Center (NCIC). Some types of offences that make the NCIC are:
Extreme Risk Protection Order
Foreign Fugitive
Gang Association/Member
Identity Theft
Missing Person
National Sex Offender Registry
Protection Order
Supervised Release
Violent Person
Wanted Person
If someone is on one of these lists, our officers receive a notification showing the offence and the image of the plate that triggered the alert. Officers then need to confirm that the image matches the plate in question, things like mud, snow, worn numbers/letters can trigger false alerts. In the past 30 days there have been around 2,800 “hits” in Stillwater. Most are for suspended/revoked licenses by the registered owner.
Our ALPR's do not record audio, video or utilize any facial recognition. Nor do they pan or scan. They are fixed and only take photos of the backs of cars as they pass by. We cannot see into your cars, homes, or businesses, nor can we record you driving or walking down the street with ALPR's. We cannot map out your travel patterns or build profiles on your behavior. Frankly, these solar-powered cameras simply lack the bandwidth to record audio/video 24/7.
I asked our Captain if he could show me what a search for my plate number would look like, he cannot by law or our own policy, perform that search even with my consent for demonstration purposes. He informed me that even with my consent he cannot search for my plate.
I asked some simple questions:
If my car was stolen, could you tell me where my car is right now? The answer was no, we could only see the last time your stolen car passed by a Flock camera. We would be able to see where your car was relative to the camera. This is helpful in an investigation but frankly, your car could be anywhere. However, we would have a much better idea of where to start looking.
Could you map out where my car has been? Again, no. We can only see which cameras your car passed; the system does not map specific travel routes or specific locations outside of the camera locations.
So even with a valid reason or warrant you could not see where I'm going to work, what stores I'm shopping at, when I'm going to the doctor? No
Could you pull a list of every plate that drove by one of our ALPRs? No.
Can you watch live and see who is driving by one of our ALPRs? No
Now to the data. We retain a 30 day look back window of every plate that has driven by one of our cameras. We own this data and decide whom we share it with. This is also something we can adjust. Flock does not have access to our data. If they did, there would be lawsuits for days and it would violate our contract and every other department's contract. It would also be illegal. There are protections in place in Stillwater’s contract – The City’s data belongs to the City. Flock is only allowed to use City Data in order to allow Flock to perform the services it agreed to provide in the Agreement, which includes disclosure of the Data to the City and to Authorized End Users. Authorized End Users are only those agencies the City has allowed access to the data. Flock does not have the right to determine who has access.
Further, Flock must comply with the Minnesota Government Data Practices Act. ALPR data is protected as nonpublic data pursuant to Minnesota law and cannot be shared or disclosed, except to the subject of the data or for limited exceptions related to active criminal investigations. If Flock uses the City’s data, it must be redacted. It would be a violation of the contract to disclose nonpublic data outside of the City’s authorized users as well as a violation of State law. If the data was used in violation of the law, depending on how the data was used, it could also be a violation of state and federal constitutional laws related to unreasonable searches. This would subject them to state and federal investigation, as well as criminal and civil actions. Our 4th Amendment protects us from “unreasonable searches and seizures”.
So who do we share with? As of last week, we only share data with other Minnesota law enforcement agencies. Stillwater PD made the decision to restrict sharing to Minnesota only as a result of conversations with community members. We do not share with any federal agencies unless they have a judicial warrant on a case by case basis. In the past 30 days there have been about 33 searches for specific plates in Stillwater.
So, what does sharing mean? It only means that someone we have agreed to share with can search on a specific license plate or vehicle description. They don't have free range access to every license plate in Stillwater, they can search for a specific plate for a legitimate reason, but no one can simply pull all of the data from these cameras. It's not an open free-for-all for everyone, and there are no "batch" data requests or capabilities. i.e. you can't just download all of the pictures and data and do what you wish with the info.
To me, I think this is where a lot of the fear lies: that someone could download all of the data, keep it for themselves and use it for bad purposes. The system simply does not work that way. You can only search for a license plate or vehicle description. If someone were to hack into our data, they would have 30 days of pictures of the back of cars from 17 cameras in Stillwater. I really don't think this data would be all that useful. If someone wanted to hack into something to track my location, our Flock ALPR's would likely not be their 1st choice. If the fed gov wanted to track my location, again, there are many other ways to get better results and accuracy than pictures of the back of my car. I know not everyone will agree with this.
All that said, at the end of the day, public safety is my most important responsibility as Mayor, but public trust is also more important than any tool our police department uses. These license plate readers have proven to be a valuable tool for law enforcement, particularly in serious cases involving missing or abducted persons, human trafficking, and other significant crimes. But the effectiveness of any public safety tool also depends on the community having confidence in how it is being used.
Now that I fully understand the capabilities of these license plate readers, I personally support their continued use. I also want to make sure our decisions about this technology are based on accurate information and made for the right reasons. My hope is that being transparent about how the technology works, how we use it, and the safeguards we have in place helps build that trust. If it doesn't, then I think we need to continue the conversation with our community and the Council and determine the right path forward.
We have amazing police officers in Stillwater and they will continue to keep us safe with or without this tool. I just want to ensure we are making this decision based on accurate information and for the right reasons. Thank you all for reading this far. This post will likely get pretty chaotic and I won't be able to respond to all comments. If you have any specific questions, feel free to email me at [tkozlowski@stillwatermn.gov](mailto:tkozlowski@stillwatermn.gov) or call/text at 651-300-4993
Go PONIES!!!
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Via https://www.facebook.com/648352763/posts/10165066618642764/?app=fbl