By: Maura Arnold
Many – if not all of us – have seen funny clips from friends, family members, or even a strangers’ front door camera. A slip and fall on ice, a puppy making his escape as his owner runs after him, or friends making funny faces as they ring the doorbell have all become frequently viewed and circulated clips on social media sites. More importantly, these cameras play a vital role in keeping neighborhoods safe. Sharing videos of suspicious activity can alert neighbors of potential threats and help police apprehend criminals.
Many of these surveillance cameras come from companies like Ring and Google Nest. These companies have made this kind of technology accessible to more households across the country by selling them at a cheaper price and making them easy to install. Home surveillance cameras now cost between $100 – $300 and are easily installed by the user. Previously, home surveillance systems could cost thousands of dollars and needed to be installed by a professional. As a result of this widespread accessibility, today the number of Internet – connected cameras is likely in the millions. Additionally, Ring has even created its own social network that helps neighbors to connect.
These cameras have changed the way law enforcement is able to investigate crimes. Previously, the kind of surveillance this technology offers was limited to airports, banks, and convenience stores. Now, law enforcement can access large amounts of evidence due to the constant nature of home surveillance footage. As a result, today more than 2,000 police and fire departments across the U.S. have cooperative agreements with Ring system – a significant jump from 60 partnerships in 2018. Company data from Ring reflects there are at least two new partnerships with law enforcement formed a day. These partnerships allow for officers to ask all camera owners within half a square mile of a suspected crime scene to share video that could aid the investigation.
While this footage provides valuable information that helps to protect communities, many express concerns about the inherent threat to privacy. It is true that home cameras catch criminals, but they can also provide footage to law enforcement of any citizen who happens to pass by one in their neighborhood. Many privacy activists worry that users are building a private database that police can use as they wish. The availability of this information to law enforcement circumvents traditional investigation techniques and provides law enforcement with more information than necessary.
Ring has assured customers that the request tool for law enforcement officials is “designed to protect a user’s privacy and increase transparency when public safety asks the community for help.” Additionally, ring specifically prohibits video requests for protests and lawful activities. Law enforcement, however, can give fairly vague reasons for their requests so long as they are related to a crime or ongoing investigation. The requests for video from law enforcement go directly to the user.
Detectives in Los Angeles requested videos from camera owners on the route of a Black Lives Matter protest. They said the request was related to investigations of sporadic outbursts of physical injuries and property crimes. While this may have provided law enforcement insight as to perpetrators who attended the protest, it also provided them plenty of footage of many citizens exercising their First Amendment right during a politically divisive moment.
Ring cameras give many homeowners peace of mind. As a result, many willingly offer up any information from their personal devices in response to requests from law enforcement. It is, however, important to consider the nature of the request, the length of time specified, and the content of the footage before turning it over to law enforcement. Additionally, given the ever-present nature of cameras, it may become important as technology evolves to create a more formal process for obtaining this kind of evidence – such as requiring a warrant.
There is no doubt that there is strong interest in keeping neighborhoods in America safe. Footage from home surveillance cameras has been crucial to solving some serious crimes. With this kind of information, however, comes the potential for abuse. It is important that camera owners recognize the power they hold and consider all requests carefully and thoughtfully in order to aid law enforcement while protecting the privacy of their neighbors.
Student Bio: Maura Arnold is currently a second-year law student at Suffolk University Law School. She is a staffer on the Journal of High Technology Law. Prior to law school, Maura received a Bachelor of Arts Degree in English Literature and Italian Language from the College of the Holy Cross.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
