Ok, are we ready for another explainer? This time I’m going to actually explain where the holes are in this automatic license plate reader bill and how they will be exploited to oppress vulnerable people Dems ought to be protecting. 1/9 - ThreadSky

bradleyrhaywood.bsky.social • 21 days ago

Ok, are we ready for another explainer? This time I’m going to actually explain where the holes are in this automatic license plate reader bill and how they will be exploited to oppress vulnerable people Dems ought to be protecting.

1/9

Reposted from Justice Forward VA

We oppose mass surveillance. What is the justification for such a massive expansion of the surveillance state and to allow sharing of data with federal authorities? HB2724 reported from subcommittee Monday 5-3. Take action now—tell lawmakers to vote no here: actionnetwork.org/letters/tell...

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bradleyrhaywood.bsky.social•21 days ago

Subpoenas duces tecum (SDTs) are subpoenas for records. They can be issued by courts within Virginia or outside of Va. Those issued by courts outside Va are enforceable just like those issued by Va courts, pursuant to the full faith and credit clause & a uniform interstate subpoena act.

2/9

bradleyrhaywood.bsky.social•21 days ago

The current Herring/Lucas bill says ALPR data may be shared “pursuant to a court order or a court-issued SDT in any criminal or civil proceeding.” That is a separate subsection from the one pertaining to law enforcement agencies. Unlike the law enforcement provision…

3/9

bradleyrhaywood.bsky.social•21 days ago

… there’s no limitation in the SDT subsection on who may subpoena ALPR records or whether they must be in Va. Even if the bill sought to limit SDTs to those issued by Va courts, I believe it’d likely be unenforceable/unconstitutional pursuant to full faith and credit & the supremacy clause.

4/9

bradleyrhaywood.bsky.social•21 days ago

What might this look like in practice?

Say Trump asks his cronies in the US District Court for the Eastern District of Va to start prosecuting employers in under 8 U.S.C. § 1324 for transporting or aiding/abetting undocumented immigrants, or knowingly hiring undocumented immigrants.

5/9

bradleyrhaywood.bsky.social•21 days ago

Say a case arises where the govt wants to show that an employer picked up immigrants at the Falls Church Home Depot & drove them to a work site in Stafford. The DA will be able to request a SDT from the fed judge for Flock’s ALPR data from cameras on I-95, or any other hwy between FC & Stafford

6/9

bradleyrhaywood.bsky.social•21 days ago

Or say a mother in Idaho or Tennessee—two states with abortion travel bans—decides to head to the east coast to get an abortion for her 15 yr old daughter. They fly into Dulles (or in Tennessee, maybe drive across state lines near Bristol) then head to a hotel along a highway.

7/9

dschleifer.bsky.social•20 days ago

Thank you for this thread! I contacted my Delegate today. And my friend who works in the House of Delegates (on the other side of the aisle) to try to raise awareness.

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