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Internet Archive’s legal fights are over, but its founder mourns what was lost

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Last month, the Internet Archive’s Wayback Machine archived its trillionth webpage, and the nonprofit invited its more than 1,200 library partners and 800,000 daily users to join a celebration of the moment. To honor “three decades of safeguarding the world’s online heritage,” the city of San Francisco declared October 22 to be “Internet Archive Day.” The Archive was also recently designated a federal depository library by Sen. Alex Padilla (D-Calif.), who proclaimed the organization a “perfect fit” to expand “access to federal government publications amid an increasingly digital landscape.”

The Internet Archive might sound like a thriving organization, but it only recently emerged from years of bruising copyright battles that threatened to bankrupt the beloved library project. In the end, the fight led to more than 500,000 books being removed from the Archive’s “Open Library.”

“We survived,” Internet Archive founder Brewster Kahle told Ars. “But it wiped out the Library.”

An Internet Archive spokesperson confirmed to Ars that the archive currently faces no major lawsuits and no active threats to its collections. Kahle thinks “the world became stupider” when the Open Library was gutted—but he’s moving forward with new ideas.

History of the Internet Archive

Kahle has been striving since 1996 to transform the Internet Archive into a digital Library of Alexandria—but “with a better fire protection plan,” joked Kyle Courtney, a copyright lawyer and librarian who leads the nonprofit eBook Study Group, which helps states update laws to protect libraries.

When the Wayback Machine was born in 2001 as a way to take snapshots of the web, Kahle told The New York Times that building free archives was “worth it.” He was also excited that the Wayback Machine had drawn renewed media attention to libraries.

At the time, law professor Lawrence Lessig predicted that the Internet Archive would face copyright battles, but he also believed that the Wayback Machine would change the way the public understood copyright fights.

”We finally have a clear and tangible example of what’s at stake,” Lessig told the Times. He insisted that Kahle was “defining the public domain” online, which would allow Internet users to see ”how easy and important” the Wayback Machine “would be in keeping us sane and honest about where we’ve been and where we’re going.”

Kahle suggested that IA’s legal battles weren’t with creators or publishers so much as with large media companies that he thinks aren’t “satisfied with the restriction you get from copyright.”

“They want that and more,” Kahle said, pointing to e-book licenses that expire as proof that libraries increasingly aren’t allowed to own their collections. He also suspects that such companies wanted the Wayback Machine dead—but the Wayback Machine has survived and proved itself to be a unique and useful resource.

The Internet Archive also began archiving—and then lending—e-books. For a decade, the Archive had loaned out individual e-books to one user at a time without triggering any lawsuits. That changed when IA decided to temporarily lift the cap on loans from its Open Library project to create a “National Emergency Library” as libraries across the world shut down during the early days of the COVID-19 pandemic. The project eventually grew to 1.4 million titles.

But lifting the lending restrictions also brought more scrutiny from copyright holders, who eventually sued the Archive. Litigation went on for years. In 2024, IA lost its final appeal in a lawsuit brought by book publishers over the Archive’s Open Library project, which used a novel e-book lending model to bypass publishers’ licensing fees and checkout limitations. Damages could have topped $400 million, but publishers ultimately announced a “confidential agreement on a monetary payment” that did not bankrupt the Archive.

Litigation has continued, though. More recently, the Archive settled another suit over its Great 78 Project after music publishers sought damages of up to $700 million. A settlement in that case, reached last month, was similarly confidential. In both cases, IA’s experts challenged publishers’ estimates of their losses as massively inflated.

For Internet Archive fans, a group that includes longtime Internet users, researchers, students, historians, lawyers, and the US government, the end of the lawsuits brought a sigh of relief. The Archive can continue—but it can’t run one of its major programs in the same way.

What the Internet Archive lost

To Kahle, the suits have been an immense setback to IA’s mission.

Publishers had argued that the Open Library’s lending harmed the e-book market, but IA says its vision for the project was not to frustrate e-book sales (which it denied its library does) but to make it easier for researchers to reference e-books by allowing Wikipedia to link to book scans. Wikipedia has long been one of the most visited websites in the world, and the Archive wanted to deepen its authority as a research tool.

“One of the real purposes of libraries is not just access to information by borrowing a book that you might buy in a bookstore,” Kahle said. “In fact, that’s actually the minority. Usually, you’re comparing and contrasting things. You’re quoting. You’re checking. You’re standing on the shoulders of giants.”

Meredith Rose, senior policy counsel for Public Knowledge, told Ars that the Internet Archive’s Wikipedia enhancements could have served to surface information that’s often buried in books, giving researchers a streamlined path to source accurate information online.

But Kahle said the lawsuits against IA showed that “massive multibillion-dollar media conglomerates” have their own interests in controlling the flow of information. “That’s what they really succeeded at—to make sure that Wikipedia readers don’t get access to books,” Kahle said.

At the heart of the Open Library lawsuit was publishers’ market for e-book licenses, which libraries complain provide only temporary access for a limited number of patrons and cost substantially more than the acquisition of physical books. Some states are crafting laws to restrict e-book licensing, with the aim of preserving library functions.

“We don’t want libraries to become Hulu or Netflix,” said Courtney of the eBook Study Group, posting warnings to patrons like “last day to check out this book, August 31st, then it goes away forever.”

He, like Kahle, is concerned that libraries will become unable to fulfill their longtime role—preserving culture and providing equal access to knowledge. Remote access, Courtney noted, benefits people who can’t easily get to libraries, like the elderly, people with disabilities, rural communities, and foreign-deployed troops.

Before the Internet Archive cases, libraries had won some important legal fights, according to Brandon Butler, a copyright lawyer and executive director of Re:Create, a coalition of “libraries, civil libertarians, online rights advocates, start-ups, consumers, and technology companies” that is “dedicated to balanced copyright and a free and open Internet.”

But the Internet Archive’s e-book fight didn’t set back libraries, Butler said, because the loss didn’t reverse any prior court wins. Instead, IA had been “exploring another frontier” beyond the Google Books ruling, which deemed Google’s searchable book excerpts a transformative fair use, hoping that linking to books from Wikipedia would also be deemed fair use. But IA “hit the edge” of what courts would allow, Butler said.

IA basically asked, “Could fair use go this much farther?” Butler said. “And the courts said, ‘No, this is as far as you go.'”

To Kahle, the cards feel stacked against the Internet Archive, with courts, lawmakers, and lobbyists backing corporations seeking “hyper levels of control.” He said IA has always served as a research library—an online destination where people can cross-reference texts and verify facts, just like perusing books at a local library.

“We’re just trying to be a library,” Kahle said. “A library in a traditional sense. And it’s getting hard.”

Fears of big fines may delay digitization projects

President Donald Trump’s cuts to the federal Institute of Museum and Library Services have put America’s public libraries at risk, and reduced funding will continue to challenge libraries in the coming years, ALA has warned. Butler has also suggested that under-resourced libraries may delay digitization efforts for preservation purposes if they worry that publishers may threaten costly litigation.

He told Ars he thinks courts are getting it right on recent fair use rulings. But he noted that libraries have fewer resources for legal fights because copyright law “has this provision that says, well, if you’re a copyright holder, you really don’t have to prove that you suffered any harm at all.”

“You can just elect [to receive] a massive payout based purely on the fact that you hold a copyright and somebody infringed,” Butler said. “And that’s really unique. Almost no other country in the world has that sort of a system.”

So while companies like AI firms may be able to afford legal fights with rights holders, libraries must be careful, even when they launch projects that seem “completely harmless and innocuous,” Butler said. Consider the Internet Archive’s Great 78 Project, which digitized 400,000 old shellac records, known as 78s, that were originally pressed from 1898 to the 1950s.

“The idea that somebody’s going to stream a 78 of an Elvis song instead of firing it up on their $10-a-month Spotify subscription is silly, right?” Butler said. “It doesn’t pass the laugh test, but given the scale of the project—and multiply that by the statutory damages—and that makes this an extremely dangerous project all of a sudden.”

Butler suggested that statutory damages could disrupt the balance that ensures the public has access to knowledge, creators get paid, and human creativity thrives, as AI advances and libraries’ growth potentially stalls.

“It sets the risk so high that it may force deals in situations where it would be better if people relied on fair use. Or it may scare people from trying new things because of the stakes of a copyright lawsuit,” Butler said.

Courtney, who co-wrote a whitepaper detailing the legal basis for different forms of “controlled digital lending” like the Open Library project uses, suggested that Kahle may be the person who’s best prepared to push the envelope on copyright.

When asked how the Internet Archive managed to avoid financial ruin, Courtney said it survived “only because their leader” is “very smart and capable.” Of all the “flavors” of controlled digital lending (CDL) that his paper outlined, Kahle’s methodology for the Open Library Project was the most “revolutionary,” Courtney said.

Importantly, IA’s loss did not doom other kinds of CDL that other archives use, he noted, nor did it prevent libraries from trying new things.

“Fair use is a case-by-case determination” that will be made as urgent preservation needs arise, Courtney told Ars, and “libraries have a ton of stuff that aren’t going to make the jump to digital unless we digitize them. No one will have access to them.”

What’s next for the Internet Archive?

The lawsuits haven’t dampened Kahle’s resolve to expand IA’s digitization efforts, though. Moving forward, the group will be growing a project called Democracy’s Library, which is “a free, open, online compendium of government research and publications from around the world” that will be conveniently linked in Wikipedia articles to help researchers discover them.

The Archive is also collecting as many physical materials as possible to help preserve knowledge, even as “the library system is largely contracting,” Kahle said. He noted that libraries historically tend to grow in societies that prioritize education and decline in societies where power is being concentrated, and he’s worried about where the US is headed. That makes it hard to predict if IA—or any library project—will be supported in the long term.

With governments globally partnering with the biggest tech companies to try to win the artificial intelligence race, critics have warned of threats to US democracy, while the White House has escalated its attack on libraries, universities, and science over the past year.

Meanwhile, AI firms face dozens of lawsuits from creators and publishers, which Kahle thinks only the biggest tech companies can likely afford to outlast. The momentum behind AI risks giving corporations even more control over information, Kahle said, and it’s uncertain if archives dedicated to preserving the public memory will survive attacks from multiple fronts.

“Societies that are [growing] are the ones that need to educate people” and therefore promote libraries, Kahle said. But when societies are “going down,” such as in times of war, conflict, and social upheaval, libraries “tend to get destroyed by the powerful. It used to be king and church, and it’s now corporations and governments.” (He recommended The Library: A Fragile History as a must-read to understand the challenges libraries have always faced.)

Kahle told Ars he’s not “black and white” on AI, and he even sees some potential for AI to enhance library services.

He’s more concerned that libraries in the US are losing support and may soon cease to perform classic functions that have always benefited civilizations—like buying books from small publishers and local authors, supporting intellectual endeavors, and partnering with other libraries to expand access to diverse collections.

To prevent these cultural and intellectual losses, he plans to position IA as a refuge for displaced collections, with hopes to digitize as much as possible while defending the early dream that the Internet could equalize access to information and supercharge progress.

“We want everyone [to be] a reader,” Kahle said, and that means “we want lots of publishers, we want lots of vendors, booksellers, lots of libraries.”

But, he asked, “Are we going that way? No.”

To turn things around, Kahle suggested that copyright laws be “re-architected” to ensure “we have a game with many winners”—where authors, publishers, and booksellers get paid, library missions are respected, and progress thrives. Then society can figure out “what do we do with this new set of AI tools” to keep the engine of human creativity humming.

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tedgould
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Real humans don’t stream Drake songs 23 hours a day, rapper suing Spotify says

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Spotify profits off fake Drake streams that rob other artists of perhaps hundreds of millions in revenue shares, a lawsuit filed Sunday alleged—hoping to force Spotify to reimburse every artist impacted.

The lawsuit was filed by an American rapper known as RBX, who may be best known for cameos on two of the 1990s’ biggest hip-hop records, Dr. Dre’s The Chronic and Snoop Dogg’s Doggystyle.

The problem goes beyond Drake, RBX’s lawsuit alleged. It claims Spotify ignores “billions of fraudulent streams” each month, selfishly benefiting from bot networks that artificially inflate user numbers to help Spotify attract significantly higher ad revenue.

Drake’s account is a prime example of the kinds of fake streams Spotify is inclined to overlook, RBX alleged, since Drake is “the most streamed artist of all time on the platform,” in September becoming “the first artist to nominally achieve 120 billion total streams.” Watching Drake hit this milestone, the platform chose to ignore a “substantial” amount of inauthentic activity that contributed to about 37 billion streams between January 2022 and September 2025, the lawsuit alleged.

This activity, RBX alleged, “appeared to be the work of a sprawling network of Bot Accounts” that Spotify reasonably should have detected.

Apparently, RBX noticed that while most artists see an “initial spike” in streams when a song or album is released, followed by a predictable drop-off as more time passes, the listening patterns of Drake’s fans weren’t as predictable. After releases, some of Drake’s music would see “significant and irregular uptick months” over not just ensuing months, but years, allegedly “with no reasonable explanations for those upticks other than streaming fraud.”

Most suspiciously, individual accounts would sometimes listen to Drake “exclusively” for “23 hours a day”—which seems like the sort of “staggering and irregular” streaming that Spotify should flag, the lawsuit alleged.

It’s unclear how RBX’s legal team conducted this analysis. At this stage, they’ve told the court that claims are based on “information and belief” that discovery will reveal “there is voluminous information” to back up the rapper’s arguments.

Fake Drake streams may have robbed artists of millions

Spotify artists are supposed to get paid based on valid streams that represent their rightful portion of revenue pools. If RBX’s claims are true, based on the allegedly fake boosting of Drake’s streams alone, losses to all other artists in the revenue pool are “estimated to be in the hundreds of millions of dollars,” the complaint said. Actual damages, including punitive damages, are to be determined at trial, the lawsuit noted, and are likely much higher.

“Drake’s music streams are but one notable example of the rampant streaming fraud that Spotify has allowed to occur, across myriad artists, through negligence and/or willful blindness,” the lawsuit alleged.

If granted, the class would cover more than 100,000 rights holders who collected royalties from music hosted on the platform from “January 1, 2018, through the present.” That class could be expanded, the lawsuit noted, depending on how discovery goes. Since Spotify allegedly “concealed” the fake streams, there can be no time limitations for how far the claims could go back, the lawsuit argued. Attorney Mark Pifko of Baron & Budd, who is representing RBX, suggested in a statement provided to Ars that even one bad actor on Spotify cheats countless artists out of rightful earnings.

“Given the way Spotify pays royalty holders, allocating a limited pool of money based on each song’s proportional share of streams for a particular period, if someone cheats the system, fraudulently inflating their streams, it takes from everyone else,” Pifko said. “Not everyone who makes a living in the music business is a household name like Taylor Swift—there are thousands of songwriters, performers, and producers who earn revenue from music streaming who you’ve never heard of. These people are the backbone of the music business and this case is about them.”

Spotify did not immediately respond to Ars’ request for comment. However, a spokesperson told Rolling Stone that while the platform cannot comment on pending litigation, Spotify denies allegations that it profits from fake streams.

“Spotify in no way benefits from the industry-wide challenge of artificial streaming,” Spotify’s spokesperson said. “We heavily invest in always-improving, best-in-class systems to combat it and safeguard artist payouts with strong protections like removing fake streams, withholding royalties, and charging penalties.”

Fake fans appear to move hundreds of miles between plays

Spotify has publicly discussed ramping up efforts to detect and penalize streaming fraud. But RBX alleged that instead, Spotify “deliberately” “deploys insufficient measures to address fraudulent streaming,” allowing fraud to run “rampant.”

The platform appears least capable at handling so-called “Bot Vendors” that “typically design Bots to mimic human behavior and resemble real social media or streaming accounts in order to avoid detection,” the lawsuit alleged.

These vendors rely on virtual private networks (VPNs) to obscure locations of streams, but “with reasonable diligence,” Spotify could better detect them, RBX alleged—especially when streams are coming “from areas that lack the population to support a high volume of streams.”

For example, RBX again points to Drake’s streams. During a four-day period in 2024, “at least 250,000 streams of Drake’s song ‘No Face’ originated in Turkey but were falsely geomapped through the coordinated use of VPNs to the United Kingdom,” the lawsuit alleged, based on “information and belief.”

Additionally, “a large percentage of the accounts streaming Drake’s music were geographically concentrated around areas whose populations could not support the volume of streams emanating therefrom. In some cases, massive amounts of music streams, more than a hundred million streams, originated in areas with zero residential addresses,” the lawsuit alleged.

Just looking at how Drake’s fans move should raise a red flag, RBX alleged:

“Geohash data shows that nearly 10 percent of Drake’s streams come from users whose location data showed that they traveled a minimum of 15,000 kilometers in a month, moved unreasonable locations between songs (consecutive plays separated by mere seconds but spanning thousands of kilometers), including more than 500 kilometers between songs (roughly the distance from New York City to Pittsburgh).”

Spotify could cut off a lot of this activity, RBX alleged, by ending its practice of allowing free ad-supported accounts to sign up without a credit card. But supposedly it doesn’t, because “Spotify has an incentive for turning a blind eye to the blatant streaming fraud occurring on its service,” the lawsuit said.

Spotify has admitted fake streams impact revenue

RBX’s lawsuit pointed out that Spotify has told investors that, despite its best efforts, artificial streams “may contribute, from time to time, to an overstatement” in the number of reported monthly average users—a stat that helps drive ad revenue.

Spotify also somewhat tacitly acknowledges fears that the platform may be financially motivated to overlook when big artists pay for fake streams. In an FAQ, Spotify confirmed that “artificial streaming is something we take seriously at every level,” promising to withhold royalties, correct public streaming numbers, and take other steps, like possibly even removing tracks, no matter how big the artist is. Artists’ labels and distributors can also get hit with penalties if fake streams are detected, Spotify said. Spotify has defended its prevention methods as better than its rivals’ efforts.

“Our systems are working: In a case from last year, one bad actor was indicted for stealing $10 million from streaming services, only $60,000 of which came from Spotify, proving how effective we are at limiting the impact of artificial streaming on our platform,” Spotify’s spokesperson told Rolling Stone.

However, RBX alleged that Spotify is actually “one of the easiest platforms to defraud using Bots due to its negligent, lax, and/or non-existent—Bot-related security measures.” And supposedly that’s by design, since “the higher the volume of individual streams, the more Spotify could charge for ads,” RBX alleged.

“By properly detecting and/or removing fraudulent streams from its service, Spotify would lose significant advertising revenue,” the theory goes, with RBX directly accusing Spotify of concealing “both the enormity of this problem, and its detrimental financial impact to legitimate Rights Holders.”

For RBX to succeed, it will likely matter what evidence was used to analyze Drake’s streaming numbers. Last month, a lawsuit that Drake filed was dismissed, ultimately failing to convince a judge that Kendrick Lamar’s record label artificially inflated Spotify streams of “Not Like Us.” Drake’s failure to show any evidence beyond some online comments and reports (which suggested that the label was at least aware that Lamar’s manager supposedly paid a bot network to “jumpstart” the song’s streams) was deemed insufficient to keep the case alive.

Industry group slowly preparing to fight streaming fraud

A loss could smear Spotify’s public image after the platform joined an industry coalition formed in 2023 to fight streaming fraud, the Music Fights Fraud Alliance (MFFA). This coalition is often cited as a major step that Spotify and the rest of the industry are taking; however, the group’s website does not indicate the progress made in the years since.

As of this writing, the website showed that task forces were formed, as well as a partnership with a nonprofit called the National Cyber-Forensics and Training Alliance, with a goal to “work closely together to identify and disrupt streaming fraud.” The partnership was also supposed to produce “intelligence reports and other actionable information in support of fraud prevention and mitigation.”

Ars reached out to MFFA to see if there are any updates to share on the group’s work over the past two years. MFFA’s executive director, Michael Lewan, told Ars that “admittedly MFFA is still relatively nascent and growing,” “not even formally incorporated until” he joined in February of this year.

“We have accomplished a lot, and are going to continue to grow as the industry is taking fraud seriously,” Lewan said.

Lewan can’t “shed too many details on our initiatives,” he said, suggesting that MFFA is “a bit different from other trade orgs that are much more public facing.” However, several initiatives have been launched, he confirmed, which will help “improve coordination and communication amongst member companies”—which include streamers like Spotify and Amazon, as well as distributors like CD Baby and social platforms like SoundCloud and Meta apps—“to identify and disrupt suspicious activity, including sharing of data.”

“We also have efforts to raise awareness on what fraud looks like and how to mitigate against fraudulent activity,” Lewan said. “And we’re in continuous communication with other partners (in and outside the industry) on data standards, artist education, enforcement and deterrence.”

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License Plate Surveillance Logs Reveal Racist Policing Against Romani People

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More than 80 law enforcement agencies across the United States have used language perpetuating harmful stereotypes against Romani people when searching the nationwide Flock Safety automated license plate reader (ALPR) network, according to audit logs obtained and analyzed by the Electronic Frontier Foundation. 

When police run a search through the Flock Safety network, which links thousands of ALPR systems, they are prompted to leave a reason and/or case number for the search. Between June 2024 and October 2025, cops performed hundreds of searches for license plates using terms such as "roma" and "g*psy," and in many instances, without any mention of a suspected crime. Other uses include "g*psy vehicle," "g*psy group," "possible g*psy," "roma traveler" and "g*psy ruse," perpetuating systemic harm by demeaning individuals based on their race or ethnicity. 

These queries were run through thousands of police departments' systems—and it appears that none of these agencies flagged the searches as inappropriate. 

These searches are, by definition, racist. 

Word Choices and Flock Searches 

We are using the terms "Roma" and “Romani people” as umbrella terms, recognizing that they represent different but related groups. Since 2020, the U.S. federal government has officially recognized "Anti-Roma Racism" as including behaviors such as "stereotyping Roma as persons who engage in criminal behavior" and using the slur "g*psy." According to the U.S. Department of State, this language “leads to the treatment of Roma as an alleged alien group and associates them with a series of pejorative stereotypes and distorted images that represent a specific form of racism.” 

Nevertheless, police officers have run hundreds of searches for license plates using the terms "roma" and "g*psy." (Unlike the police ALPR queries we’ve uncovered, we substitute an asterisk for the Y to avoid repeating this racist slur). In many cases, these terms have been used on their own, with no mention of crime. In other cases, the terms have been used in contexts like "g*psy scam" and "roma burglary," when ethnicity should have no relevance to how a crime is investigated or prosecuted. 

A “g*psy scam” and “roma burglary” do not exist in criminal law separate from any other type of fraud or burglary. Several agencies contacted by EFF have since acknowledged the inappropriate use and expressed efforts to address the issue internally. 

"The use of the term does not reflect the values or expected practices of our department," a representative of the Palos Heights (IL) Police Department wrote to EFF after being confronted with two dozen searches involving the term "g*psy." "We do not condone the use of outdated or offensive terminology, and we will take this inquiry as an opportunity to educate those who are unaware of the negative connotation and to ensure that investigative notations and search reasons are documented in a manner that is accurate, professional, and free of potentially harmful language."

Of course, the broader issue is that allowing "g*psy" or "Roma" as a reason for a search isn't just offensive, it implies the criminalization an ethnic group. In fact, the Grand Prairie Police Department in Texas searched for "g*psy" six times while using Flock's "Convoy" feature, which allows an agency to identify vehicles traveling together—in essence targeting an entire traveling community of Roma without specifying a crime. 

At the bottom of this post is a list of agencies and the terms they used when searching the Flock system. 

Anti-Roma Racism in an Age of Surveillance 

Racism against Romani people has been a problem for centuries, with one of its most horrific manifestations  during the Holocaust, when the Third Reich and its allies perpetuated genocide by murdering hundreds of thousands of Romani people and sterilizing thousands more. Despite efforts by the UN and EU to combat anti-Roma discrimination, this form of racism persists. As scholars Margareta Matache and Mary T. Bassett explain, it is perpetuated by modern American policing practices: 

In recent years, police departments have set up task forces specialised in “G*psy crimes”, appointed “G*psy crime” detectives, and organised police training courses on “G*psy criminality”. The National Association of Bunco Investigators (NABI), an organisation of law enforcement professionals focusing on “non-traditional organised crime”, has even created a database of individuals arrested or suspected of criminal activity, which clearly marked those who were Roma.

Thus, it is no surprise that a 2020 Harvard University survey of Romani Americans found that 4 out of 10 respondents reported being subjected to racial profiling by police. This demonstrates the ongoing challenges they face due to systemic racism and biased policing. 

Notably, many police agencies using surveillance technologies like ALPRs have adopted some sort of basic policy against biased policing or the use of these systems to target people based on race or ethnicity. But even when such policies are in place, an agency’s failure to enforce them allows these discriminatory practices to persist. These searches were also run through the systems of thousands of other police departments that may have their own policies and state laws that prohibit bias-based policing—yet none of those agencies appeared to have flagged the searches as inappropriate. 

The Flock search data in question here shows that surveillance technology exacerbates racism, and even well-meaning policies to address bias can quickly fall apart without proper oversight and accountability. 

Cops In Their Own Words

EFF reached out to a sample of the police departments that ran these searches. Here are five representative responses we received from police departments in Illinois, California, and Virginia. They do not inspire confidence.

1. Lake County Sheriff's Office, IL 

A screen grab of three searches

In June 2025, the Lake County Sheriff's Office ran three searches for a dark colored pick-up truck, using the reason: "G*PSY Scam." The search covered 1,233 networks, representing 14,467 different ALPR devices. 

In response to EFF, a sheriff's representative wrote via email:

“Thank you for reaching out and for bringing this to our attention.  We certainly understand your concern regarding the use of that terminology, which we do not condone or support, and we want to assure you that we are looking into the matter.

Any sort of discriminatory practice is strictly prohibited at our organization. If you have the time to take a look at our commitment to the community and our strong relationship with the community, I firmly believe you will see discrimination is not tolerated and is quite frankly repudiated by those serving in our organization. 

We appreciate you bringing this to our attention so we can look further into this and address it.”

2. Sacramento Police Department, CA

A screen grab of three searches

In May 2025, the Sacramento Police Department ran six searches using the term "g*psy."  The search covered 468 networks, representing 12,885 different ALPR devices. 

In response to EFF, a police representative wrote:

“Thank you again for reaching out. We looked into the searches you mentioned and were able to confirm the entries. We’ve since reminded the team to be mindful about how they document investigative reasons. The entry reflected an investigative lead, not a disparaging reference. 

We appreciate the chance to clarify.”

3. Palos Heights Police Department, IL

A screen grab of three searches

In September 2024, the Palos Heights Police Department ran more than two dozen searches using terms such as "g*psy vehicle," "g*psy scam" and "g*psy concrete vehicle." Most searches hit roughly 1,000 networks. 

In response to EFF, a police representative said the searches were related to a singular criminal investigation into a vehicle involved in a "suspicious circumstance/fraudulent contracting incident" and is "not indicative of a general search based on racial or ethnic profiling." However, the agency acknowledged the language was inappropriate: 

“The use of the term does not reflect the values or expected practices of our department. We do not condone the use of outdated or offensive terminology, and we will take this inquiry as an opportunity to educate those who are unaware of the negative connotation and to ensure that investigative notations and search reasons are documented in a manner that is accurate, professional, and free of potentially harmful language.

We appreciate your outreach on this matter and the opportunity to provide clarification.”

4. Irvine Police Department, CA

A screen grab of three searches

In February and May 2025, the Irvine Police Department ran eight searches using the term "roma" in the reason field. The searches covered 1,420 networks, representing 29,364 different ALPR devices. 

In a call with EFF, an IPD representative explained that the cases were related to a series of organized thefts. However, they acknowledged the issue, saying, "I think it's an opportunity for our agency to look at those entries and to use a case number or use a different term." 

5. Fairfax County Police Department, VA

A screen grab of three searches

Between December 2024 and April 2025, the Fairfax County Police Department ran more than 150 searches involving terms such as "g*psy case" and "roma crew burglaries." Fairfax County PD continued to defend its use of this language.

In response to EFF, a police representative wrote:

“Thank you for your inquiry. When conducting searches in investigative databases, our detectives must use the exact case identifiers, terms, or names connected to a criminal investigation in order to properly retrieve information. These entries reflect terminology already tied to specific cases and investigative files from other agencies, not a bias or judgment about any group of people. The use of such identifiers does not reflect bias or discrimination and is not inconsistent with our Bias-Based Policing policy within our Human Relations General Order.

A National Trend

Roma individuals and families are not the only ones being systematically and discriminatorily targeted by ALPR surveillance technologies. For example, Flock audit logs show agencies ran 400 more searches using terms targeting Traveller communities more generally, with a specific focus on Irish Travellers, often without any mention of a crime. 

Across the country, these tools are enabling and amplifying racial profiling by embedding longstanding policing biases into surveillance technologies. For example, data from Oak Park, IL, show that 84% of drivers stopped in Flock-related traffic incidents were Black—despite Black people making up only 19% of the local population. ALPR systems are far from being neutral tools for public safety and are increasingly being used to fuel discriminatory policing practices against historically marginalized people. 

The racially coded language in Flock's logs mirrors long-standing patterns of discriminatory policing. Terms like "furtive movements," "suspicious behavior," and "high crime area" have always been cited by police to try to justify stops and searches of Black, Latine, and Native communities. These phrases might not appear in official logs because they're embedded earlier in enforcement—in the traffic stop without clear cause, the undocumented stop-and-frisk, the intelligence bulletin flagging entire neighborhoods as suspect. They function invisibly until a body-worn camera, court filing, or audit brings them to light. Flock's network didn’t create racial profiling; it industrialized it, turning deeply encoded and vague language into scalable surveillance that can search thousands of cameras across state lines. 

Two Flock safety cameras at 90 degrees on a pole with a solar panel

The Path Forward

U.S. Sen. Ron Wyden, D-OR, recently recommended that local governments reevaluate their decisions to install Flock Safety in their communities. We agree, but we also understand that sometimes elected officials need to see the abuse with their own eyes first. 

We know which agencies ran these racist searches, and they should be held accountable. But we also know that the vast majority of Flock Safety's clients—thousands of police and sheriffs—also allowed those racist searches to run through their Flock Safety systems unchallenged. 

Elected officials must act decisively to address the racist policing enabled by Flock's infrastructure. First, they should demand a complete audit of all ALPR searches conducted in their jurisdiction and a review of search logs to determine (a) whether their police agencies participated in discriminatory policing and (b) what safeguards, if any, exist to prevent such abuse. Second, officials should institute immediate restrictions on data-sharing through Flock's nationwide network. As demonstrated by California law, for example, police agencies should not be able to share their ALPR data with federal authorities or out-of-state agencies, thus eliminating a vehicle for discriminatory searches spreading across state lines.

Ultimately, elected officials must terminate Flock Safety contracts entirely. The evidence is now clear: audit logs and internal policies alone cannot prevent a surveillance system from becoming a tool for racist policing. The fundamental architecture of Flock—thousands of cameras feeding into a nationwide searchable network—makes discrimination inevitable when enforcement mechanisms fail.

As Sen. Wyden astutely explained, "local elected officials can best protect their constituents from the inevitable abuses of Flock cameras by removing Flock from their communities.”

Table Overview and Notes

The following table compiles terms used by agencies to describe the reasons for searching the Flock Safety ALPR database. In a small number of cases, we removed additional information such as case numbers, specific incident details, and officers' names that were present in the reason field. 

We removed one agency from the list due to the agency indicating that the word was a person's name and not a reference to Romani people. 

In general, we did not include searches that used the term "Romanian," although many of those may also be indicative of anti-Roma bias. We also did not include uses of "traveler" or “Traveller” when it did not include a clear ethnic modifier; however, we believe many of those searches are likely relevant.  

A text-based version of the spreadsheet is available here

A very long table of agencies and the terms they search. A text version is available at the link above.



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