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  • Private Eyes: 5 things an N&O investigation into NC license plate cameras revealed

    Private Eyes: 5 things an N&O investigation into NC license plate cameras revealed

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    Automated license plate reader cameras can be hard to spot if you’re just driving by.

    But along hundreds of North Carolina streets, these shoebox-sized devices are quietly capturing details on every passing vehicle, data easily made accessible to law enforcement officers across the country.

    Until now, no one in North Carolina had a full picture of how widespread these cameras have become. But a News & Observer investigation shows they’re a much more common tool for law enforcement, who say the devices can act as a force multiplier for solving crime.

    In our series, Private Eyes, we show these cameras have generated a lot of success stories for closing cases — recovering stolen vehicles, finding missing children, even arresting an attempted murder suspect who fled out of state. But the embrace of these devices by law enforcement has also raised serious privacy concerns from groups worried about cases of misuse, overpolicing and misidentification leading to arrests.

    Here’s a look at five major things our reporting over the last several months revealed.

    A Flock automated license plate reader camera used by the Raleigh Police Department is mounted on a Duke Energy utility pole on Hillsborough Street in Raleigh Jan. 29. RPD operates 26 automated readers that collect license plate and vehicle information including color, make and type.
    A Flock automated license plate reader camera used by the Raleigh Police Department is mounted on a Duke Energy utility pole on Hillsborough Street in Raleigh Jan. 29. RPD operates 26 automated readers that collect license plate and vehicle information including color, make and type. Travis Long tlong@newsobserver.com

    From rare to regular practice in just a few years

    Flock Safety got its start in 2017. It didn’t officially register to do business in North Carolina until 2021.

    Yet the company has in that time signed contracts with at least 80 law enforcement agencies across the state, from the Nags Head Police Department to the Buncombe County Sheriff’s Office, The N&O found. Our survey of police and sheriff’s departments statewide has so far tallied more than 700 of Flock’s fixed cameras on North Carolina roads, a count that far exceeds any of the company’s competitors, like Rekor and Motorola.

    And because Flock doesn’t sell its cameras — it leases them — that can mean big money for the private company.

    Contracts with several North Carolina clients show the cameras cost between $2,000 to $3,000 each annually. So a conservative estimate is that North Carolina law enforcement agencies are spending upwards of $1.49 million on the devices every year.

    And it’s not just law enforcement. Flock markets its cameras to companies and HOAs, which as we explored in our series sparked controversy in one Knightdale neighborhood.

    Flock CEO Garrett Langley has discussed that explosive growth nationally, telling an Atlanta podcast in 2023 that the company has gone from “single-digit millions to over a hundred-million in revenue in four years.”

    ALPR cameras don’t have the same safeguards

    From the video camera inside Target to the doorbell camera on your neighbor’s front porch, Americans are already awash in surveillance.

    So what makes automated license plate readers from Flock or any other vendor different?

    Access, for one.

    With some exceptions, the vast majority of privately operated video surveillance isn’t readily available for law enforcement to search or review. Camera owners can turn it over on request, sure. But forcing the matter requires a warrant issued by the court, based on probable cause.

    What if police wanted GPS location data tracked by your phone? That also requires a search warrant served on Google (at least it did before the company announced in late 2023 it would cut off access to such data).

    Could detectives acquire your mobile device’s location via cell towers? Or attach a GPS device to your car? Both techniques require search warrants, the U.S. Supreme Court has ruled.

    In North Carolina, state laws place protections on license plate data captured for certain non-law enforcement purposes.

    Toll cameras, for instance, capture and retain images of vehicles and license plates for 90 days to bill drivers. But the agency requires a subpoena to provide police with any of that footage, says N.C. Turnpike Authority spokesperson Logen Hodges.

    When police officers search for license plates or other vehicle data through an ALPR system like Flock, they don’t need a warrant — or any other external oversight. And although state law now makes misuse of ALPR devices a misdemeanor, privacy advocates are concerned.

    Flock and police departments argue, however, that license plate readers capture information available in public spaces where there is no expectation of privacy — the equivalent of an officer standing on a corner to jot down every plate number.

    Flock Safety automated license plate reader cameras monitor around 400,000 vehicles per month in Raleigh, according to the police department’s transparency portal.
    Flock Safety automated license plate reader cameras monitor around 400,000 vehicles per month in Raleigh, according to the police department’s transparency portal. Travis Long tlong@newsobserver.com

    Across North Carolina, transparency isn’t consistent

    Much of The N&O’s reporting was built on the collection of thousands of data points from Flock Safety’s transparency portals, websites that provide basic details on a department’s use of the cameras. That’s everything from how many cameras they have installed to the number of cars they’ve detected in the last month or so.

    The portals are optional, and not all of Flock’s clients have committed to using them.

    Flock did provide a list of about 30 North Carolina agencies using the transparency portals. That’s far short of the 80 or more agencies The N&O independently counted that are using the service in the state so far.

    A number of law enforcement agencies told us through our survey that they have no plans to use the sites.

    Case in point: police at UNC-Chapel Hill. The university, which fought to keep its contracts with Flock Safety secret from the public before relenting earlier this year, “has not discussed the creation of a transparency portal,” according to spokesperson Kevin Best.

    The N&O found more than 360 of the sites across the country. But it’s hard to know how many of the company’s 5,000-plus law enforcement clients actually have the portals activated because the company hasn’t told us.

    Oversight in other states exceeds regulation here

    North Carolina has a law on the books that regulates the use of automated license plate readers.

    The rules limit retention of license plate data to 90 days and prohibit its use for enforcing simple traffic violations. The law also requires agencies using these systems to have a written policy that addresses, among other things, training, oversight and “annual or more frequent auditing.”

    But the regulations don’t require anyone to oversee whether agencies follow their own rules.

    And North Carolina law enforcement agencies aren’t always forthcoming about how they abide by those rules.

    The Raleigh Police Department, for example, has provided no evidence that an annual audit of its ALPR system has been completed.

    New Jersey, by contrast, issues a report publicly through its attorney general’s office on which law enforcement agencies completed audits and which saw violations and complaints.

    The limit on how long North Carolina agencies can keep data, meanwhile, pales in comparison to New Hampshire.

    The Granite State — whose motto is “Live Free or Die — requires law enforcement to purge license plate data after 3 minutes. New Hampshire is one of only three states where Flock does not operate.

    What’s next for these cameras on state highways? Unclear.

    Over the last several years, lawmakers introduced bills to undo a decade-old legal interpretation that prohibited automated license plate readers from state-maintained roads and highways. Those efforts failed repeatedly over objections by Republican legislators with privacy concerns about the technology.

    In early 2023, a new version of the bill drew support from law enforcement, including Raleigh Police Chief Estella Patterson and Nash County Sheriff Keith Stone, who testified to lawmakers that the devices were critical tools for fighting crime.

    The legislature approved the measure in October, allowing the devices on N.C. Department of Transportation right-of-ways through a pilot program run by DOT and the State Bureau of Investigation. The SBI, either on its own or on behalf of a local law enforcement agency, would need to enter into an agreement with NCDOT on where to place the devices.

    That will likely mean more ALPR cameras along 80,000 miles of North Carolina streets. But when those new cameras will start appearing — that’s hard to say.

    Despite the law going into effect in January, neither agency has not provided any detail on how they’ll implement it.

    “Discussions and meetings continue” about the pilot project’s implementation, SBI spokesperson Angie Grube said in early April. After The N&O checked in last week, Grube said the agency had nothing to announce.

    As of Thursday, NCDOT has yet to receive any requests to install the devices, according to spokesperson Aaron Moody.

    Related stories from Charlotte Observer

    Tyler Dukes is an investigative reporter for The News & Observer who specializes in data and public records. In 2017, he completed a fellowship at the Nieman Foundation for Journalism at Harvard University. Prior to joining the N&O, he worked as an investigative reporter at WRAL News in Raleigh. He is a graduate of North Carolina State University and grew up in Elizabeth City.

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  • Avian flu is crippling California poultry farms. Will there be a surge in pricing?

    Avian flu is crippling California poultry farms. Will there be a surge in pricing?

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    December should have been the most profitable month of the year for Liberty Ducks, a poultry farm in Sonoma County. Instead, the 31-year-old business was suddenly face to face with a possible shutdown.

    “There was never going to be a good time for this to hit, but during the holidays was especially hard,” said Jennifer Reichardt of Liberty Ducks. The farm, she said, has been “crippled” by the outbreak.

    In December, the farm was one of nine locations in Sonoma County infected with highly pathogenic avian influenza, also known as bird flu. As a result, poultry farmers in the county have been forced to destroy more than 1 million birds while trying to quarantine their flocks to curb the outbreak.

    The outbreak has been ongoing since 2022, but its sudden surge in December has meant restaurants in the winery-rich region are seeing their supplies of poultry dwindle. Experts warn this may only be the beginning of a bird flu spike in California .

    “Restaurants are looking for product,” said Bill Mattos, president of the California Poultry Federation.

    The lingering disease has yet to affect prices or supply across the state as a whole, Mattos said, given the poultry available from other counties and outside the state. But restaurants, stores and wholesalers who prefer to use local sources are seeing their supply dwindle.

    “Everyone is looking to see what they can do to prevent it even more,” Mattos said.

    Liberty Ducks supplies Bay Area restaurants and more than 200 wholesalers. But because the company’s locations are under quarantine, the farm can’t start new production, Reichardt said.

    “Our business will be at a standstill for at least two months until the quarantine is lifted or we find other locations,” she said.

    Poultry companies have been feeling the effects of the avian flu since February 2022, when the U.S. Department of Agriculture first detected the virus in commercial and backyard flocks.

    Since then, more than 79 million birds across the U.S have been affected in 47 states. In California, the virus has affected 37 commercial and 22 backyard flocks, totaling 5.4 million birds, according to U.S. Department of Agriculture’s Animal and Plant Health Inspection Service.

    Since the outbreak began, the avian pandemic has not gone by unnoticed by consumers either.

    Last year, the outbreak helped make egg prices skyrocket across the country. According to the USDA, prices in California for a dozen large eggs jumped to $7.37 in January 2023, up from $2.35 the year before. The USDA said that while demand for eggs was surging in December 2022, the avian flu was cutting the supply; in the last week of that month, there were about 29% fewer eggs than at the beginning of 2022.

    A higher incidence of the highly pathogenic avian influenza is common during this time of year because of the migratory patterns of wild birds, which carry the virus as they fly from the Arctic to California, said Dr. Maurice Pitesky, associate professor at UC Davis School of Veterinary Medicine whose research focuses on the disease.

    Unfortunately, the same climate and geography that makes poultry farming popular in some areas is what draws in wild birds like ducks and geese, carrying the flu with them into the state. The virus can pass from one animal to another through saliva, mucus or feces.

    “Wildlife can bring this virus into their farms because the virus is so infectious,” Pitesky said.

    Farmers have tried to keep their flocks safe through bio-security practices, such requiring clean footwear before workers enter a farm to keep feces from contaminating the area under the shoes, Mattos said. Several big farms also try to reduce risk by prohibiting their workers from owning backyard flocks.

    This past month, however, poultry farmers in Northern California have been particularly hit by the virus.

    “I’m not sure if it’s a more virulent strain or what,” Mattos said. “The industry expects it to come and show up, we just didn’t expect it to be in big numbers.”

    According to the USDA, 11 flocks in California have tested positive for the virus in the past 30 days, affecting more than 3.3 million birds.

    In Sonoma County, the effect has been significant.

    Nine poultry in sites in southern Sonoma County have been infected with the virus, requiring more than a million birds to be euthanized to prevent further spread, according to the county.

    On Dec. 5, the Sonoma County Board of Supervisors declared a local emergency because of the disease. Flocks that have been infected have been put in quarantine, and county officials are hoping to curb the spread of the virus.

    The flu’s effect in the county and region is still unclear, but officials are concerned that the consequences could ripple through affected farms, workers, restaurants and markets that rely on the farms’ eggs, meat and jobs.

    A spokesperson for Sonoma County said officials have not yet done an economic impact study, but are focusing resources on containing the outbreak.

    According to the California Department of Food and Agriculture, five California counties — Fresno, Marin, Merced, San Joaquin and Sonoma — have active avian flu infections.

    The flu could be especially damaging to businesses like Liberty Ducks that are still recovering from the COVID-19 pandemic.

    “After COVID, we were already in such a tight financial space, this really could have been the final blow,” said Reichardt.

    She and her brother set up a GoFundMe campaign to keep the business afloat, and have raised more than $184,000 so far.

    “The community outreach is not only letting us continue on and help with cash flow, but also mentally gives us such a lift to fight on,” Reichardt said.

    Some farms can also apply for federal compensation for the value of lost birds, but Mattos said it is not enough to cover what farmers could have made from their flocks.

    For now, farmers and backyard flock owners are being urged to take precautions and keep their birds isolated from exposure.

    And depending on this year’s rains, poultry farmers may be seeing just the first effects of the outbreak this year, Pitesky warned.

    “If it’s a wet year, unfortunately, [wild birds] will probably stay here until April and May,” he said. “Most likely, they’ll be dealing with this for several more months.”

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    Salvador Hernandez

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