EFF

San Francisco's decision to retain its use of Automated License Plate Reader (ALPR) surveillance cameras belies what we know about this spying technology tool: it endangers residents and threatens the privacy and civil liberties of our community. Based on what's in the city's press release and announcement, this policy will do nothing to stop actual harms.

We know innocent drivers will be stopped and menaced by officers because of erroneous matches. We know officers use Flock to stalk potential and past romantic partners. Data will be accessed by Immigration and Customs Enforcement (ICE) and used to deport immigrants. Promising greater penalties for such abuse will not end this. These are not isolated mistakes that another policy can fix. They are consequences of building a system that records everyone’s movements and makes them searchable by police. This is also not unique to a single vendor. From Flock Safety to Motorola to Axon—San Francisco must end its use of ALPRs.

We ultimately cannot rely on new protocols from city officials, and the City’s new policy is woefully inadequate. There is no warrant requirement to search stored ALPR data. An incident or computer-aided dispatch (CAD) number is not judicial authorization. Without a warrant requirement, officers can search stored location data without showing probable cause to a judge, and will. Without judicial control, officers will continue to search the data for abusive reasons. But a warrant requirement alone would not justify retaining the ALPR network: the community is demanding an end to the collection itself.

Additionally, the announced policies include no deadline to delete ALPR data, there is only a 30-day deadline to move data from the vendor’s servers to the city’s servers. City officials must understand that moving data is not deleting it. Whether Flock or SFPD stores the data, it remains a permanent record of where people drive, worship, work, organize, seek care, and spend time with others. Thus, the best practice is deletion. New Hampshire requires deletion in three minutes, and Flock itself has reduced the default retention time to seven days. San Francisco can and should do better.

Lastly, while transparency and documentation are important concepts, better audit logs are not the answer. They can expose abuse only after a search has occurred. They cannot undo the disclosure of someone’s movements or justify collecting everyone’s location data in the first place; especially when we are talking about people’s lives and civil liberties. The city's announced policy does not even require officers to state, in their own words, why they are searching the stored ALPR data—an accountability rule that has exposed abusive searches across the country.

San Francisco is behind many communities that have considered the tradeoffs of ALPR surveillance and made the right choice by ending their contracts. San Francisco must do the same.

People are increasingly concerned about the ways in which mass surveillance is tracking our every move: from Flock license plate readers to face recognition to creepy ads that – based on what we see and do online – seem to know everything we’re thinking and planning. It didn’t have to be this way, and since the early days of the internet, a dedicated band of activists, lawyers and technologists have fought for a better, more secure and private digital future – a future that’s still attainable.  

Cindy Cohn, who just finished a 26-year run with the Electronic Frontier Foundation including 11 years as its executive director, has lived this fight. She says privacy isn’t just about secrecy: It's ultimately about power – who has it, and who has the ability to protect themselves from it.   

Welcome to the first episode of “Privacy’s Defenders,” a podcast about the people – lawyers, journalists, hackers, and others – who’ve fought to secure your digital liberties since before most people even knew what the internet was.

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(You can also find this episode on the Internet Archive and on YouTube.)

In this episode, Cindy talks with EFF cofounder John Gilmore about how he – an early employee at Sun Microsystems – came together with Lotus Development cofounder Mitch Kapor and cattle rancher, philosopher and Grateful Dead lyricist John Perry Barlow to create EFF as a bulwark against government investigation and prosecution of early internet users.  

It’s a story of the Secret Service’s “Operation Sundevil,” jet-setting tech titans, tie-dyed cypherpunks, and a fateful house party in San Francisco’s Haight-Ashbury district amid the earliest days of online communications, setting the stage for the battles that created the internet as we know it and issues we still grapple with today. 

The “Privacy’s Defenders” podcast is a follow-up to Cindy’s book, “Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance,” bringing to life pivotal moments in the voices of those who fought for your rights. Sales of “Privacy’s Defender” benefit EFF, so pick up your copy today! 

Joanne Elgart Jennings co-produced and created this podcast.  

Jarod Sport co-produced, mixed, and mastered it.  

Corinne Ruff is our story editor.

We had additional help from Rachel Estabrook and Alison Broverman.

The original music was composed and performed by Nat Keefe of Hot Buttered Rum with Ben Andrews on the fiddle.  

And other archival sound came from the Internet Archive's amazing collection, including the snippet of the Grateful Dead song “Cassidy” that John Perry Barlow co-wrote. 

The San Francisco Police Department (SFPD) began regularly deploying drones two years ago and has since expanded their use in a way that has outpaced its documented policy and evaded existing local and state oversight of these devices. 

The department has a new proposed policy, which continues to be grossly inadequate in protecting privacy and civil liberties. At best, the draft policy continues the SFPD’s pattern of putting vague guardrails on a powerful surveillance tool, but at worst, if implemented, the policy could effectively usher in sweeping, non-targeted, and unspecified general surveillance over the city with few guardrails.

EFF has repeatedly opposed the unaccountable development of the SFPD’s drone program and recently sent a comment to the Police Commission, the local civilian oversight body, about the SFPD’s new proposed policy. 

The SFPD has been sidestepping oversight of its drones since 2024. In March 2024, San Francisco voters approved a heavily-funded, billionaire-backed measure, Proposition E, which sought to expand police access to surveillance technology. Among its impacts, Prop E removed drones from oversight required by the 2019 Surveillance Technology Ordinance. Nonetheless, in its haste to purchase drones after Prop E passed, the SFPD knowingly violated California’s AB 481, a state statute requiring law enforcement agencies to get approval from their local elected governing body before purchasing military equipment, including drones. Eventually the SFPD sought retroactive approval from the Board of Supervisors and, soon after, announced that it would be launching a drone-as-first-responder (DFR) program.

Now, San Francisco finally has an opportunity to update the SFPD’s guidance in a way that won’t quickly become stale, as has happened while the SFPD steadily increases the purposes for drone use. Though drones were initially identified as tools to use for specific actions such as vehicle pursuits and active criminal investigations, within a year, the SFPD expanded use cases to include patrol, i.e. unrelated to a specific incident. Along with this mission creep, the SFPD has also steadily and exponentially increased the number of drone flights, from roughly 350 deployments in 2024, to over 1,100 from January to August 2025, to over 3,500 in just the first five months of 2026.

The original draft of an updated policy brought by the SFPD to the local Police Commission, a civilian oversight body, earlier this month provided limited details and proposed allowing police to treat drone flights as an extension of their patrol abilities, paving the way for general surveillance, including of First Amendment-protected activity. The proposal received significant community pushback, and the San Francisco Public Defender’s Office authored a letter describing the policy’s shortcomings. That letter was signed by over a dozen local, state, and national groups, including EFF. 

Based on these concerns, the Police Commission deferred taking action until the SFPD addressed them. The SFPD then revised its proposed policy, but this, too, falls short of providing practical guidance to officers and protecting civil liberties, as the Public Defender’s Office identified in a follow-up letter signed by over 40 organizations, including EFF.

EFF’s additional comment to the Police Commission, in part, calls out the incredible gap in oversight of these ballooning drone flights and the immense data collection they facilitate:

The revised policy states that “[unmanned aerial vehicles] may be used as an asset in any situation in which a member may be deployed for a public safety response or when a member onviews criminal activity” but fails to define what is meant by a “public safety response.” The revised policy also provides a definition of “Drone as First Responders,” but it fails to provide any more detail about appropriate DFR deployment. Without appropriate safeguards around deployment and use, drones could be deployed to every call for service, even in situations that are ultimately deemed nonincidents, collecting data along the way that is then stored for 30 days. This type of general patrol could effectively become general surveillance, which SFPD acknowledges is an inappropriate use of their drones and yet is still possible under the vague terms of the current DGO. 

The Police Commission is set to consider the matter on October 14. You can read EFF’s full comment here.