Police Surveillance and the Perils of Techno-Solutionism

Introduction

Generalized, routine surveillance has become an unavoidable hallmark of daily life in the United States. Americans are caught on public camera over 200 times a week on average.1Dan Avery, Most Americans Are Recorded 238 Times a Week by Security Cameras and a Majority of Filming Happens When Driving, Study Reveals , Daily Mail (Feb. 17, 2021, at 17:45 ET), https://www.dailymail.co.uk/sciencetech/article-8774151/Most-Americansrecorded-238-TIMES-week-security-cameras-study-reveals.html [https://perma.cc/42J8- Q9SM]; Humza Aamir, Report Finds the US Has the Largest Number of Surveillance Cameras per Person in the World , Techspot (Dec. 6, 2019), https://www.techspot.com/news/83061- report-finds-us-has-largest-number-surveillance-cameras.html (on file with the Michigan Journal of Race & Law) (50 million closed-circuit television (CCTV) units in the United States, with an average of 15.28 cameras per 100 individuals). The scope of this surveillance is especially notable in the context of policing.2Surveillance here is defined as “systematic attention to personal details for the purposes of influence, management, or control.” Nat’l Rsch. Council , Engaging Privacy and Information Technology in a Digital Age 349 (James Waldo, Herbert S. Lin & Lynette I. Millett eds., 2007). As of 2024, 1,531 police departments operate video-capable drones, 1,722 employ license-plate readers, and 898 utilize facial recognition technology.3Elec. Frontier Found., Atlas Surveillance , https://atlasofsurveillance.org/atlas [https://perma.cc/FLD6-VUKB] (last visited Nov. 7, 2025). These sources of surveillance data are consolidated by hundreds of police departments in Real Time Crime Centers.4Keely Quinlan, Police Real-Time Crime Centers Are Becoming Data Powerhouses , Statescoop (Aug. 24, 2023), https://statescoop.com/real-time-crime-centers-policeprivacy/ [https://perma.cc/LY3G-WW3G] (Real Time Crime Centers consolidate “information from traffic cameras, drones, gunshot detection sensors and other sources of intelligence into single platforms.”); see infra Part II.A. Furthermore, Americans are increasingly participating in their own surveillance by using smart doorbells and motion-sensing security cameras.5Over 10 million Ring units alone have been sold in the United States. Rod McCullom & Undark, Do Video Doorbells Really Prevent Crime? , Sci. Am. (Dec. 14, 2023), https://www.scientificamerican.com/article/do-video-doorbells-really-prevent-crime/ [https://perma.cc/6PBD-5XP8]. This peer-based system of surveillance has been called “participatory surveillance.” Anders Albrechtslund, Online Social Networking as Participatory Surveillance , 13 First Monday (2008) (defining “participatory surveillance” as non-hierarchical, mutual surveillance); see infra Part II.C. A growing number of local police departments incorporate these private cameras into their surveillance nets, expanding their camera capacity by the thousands.6 See supra note 3; see infra Part II.C. “The scope and variety of the types of surveillance that are possible today are unprecedented in human history.”7Neil M. Richards, The Dangers of Surveillance, 126 Harv. L. Rev. 1934, 1936 (2013).

These statistics, however, do not answer fundamental questions about the purpose of law enforcement surveillance. Critically, what specific problem is police surveillance intended to fix? Is it being used as a tool for deterrence? Evidence gathering? Crime prediction? There is nothing inevitable about the way that American law enforcement uses surveillance technology. Not only have police departments made choices as to which surveillance tools to employ and to what predetermined ends, these choices have had consequences beyond their stated objectives. The impacts of technological tools are not easily cabined. “[T]echnology’s interaction with the social ecology is such that technical developments frequently have environmental, social, and human consequences that go far beyond the immediate purposes of the technical devices and practices themselves . . . .”8Melvin Kranzberg, Technology and History: “Kranzberg’s Laws” , 27 Tech. & Culture 544, 545 (1986). Scholars have elaborated upon this narrative, pointing to the ways in which facially neutral law enforcement technologies, built as they are upon systems of racial and other hierarchies, result in racially biased and otherwise unjust outcomes.9 See, e.g. , Elizabeth E. Joh, The New Surveillance Discretion: Automated Suspicion, Big Data, and Policing , 10 Harv. L. & Pol’y Rev. 15, 28 (2016); Dorothy E. Roberts, Digitizing the Carceral State , 132 Harv. L. Rev. 1695, 1707 (2019) (book review); Andrew Guthrie Ferguson, Surveillance and the Tyrant Test , 110 Geo. L.J. 205, 268 (2021); Jessica M. Eaglin, When Critical Race Theory Enters the Law & Technology Frame , 26 Mich. J. Race & Ohio St. L.J. 1103, 1142 (2020); Khaled Ali Beydoun, The New State of Surveillance: Societies Master’s Tools and a Mission: Using Community Control and Oversight Laws to Resist and Abolish Police Surveillance Technologies , 70 UCLA L. Rev. 2, 17 (2023); Christian Sundquist,

The story, however, does not stop there. Technology does not simply meet existing goals or have broad consequences beyond its initial goals. It also alters the end goals themselves. As sociologist Gary T. Marx states, “New means, beyond meeting old needs and appearing in response to new needs, may play an independent role. In considering questions of invention, whether social or material, new means may generate new needs and in a seldom-recognized process may even determine ends . . . .”10Gary T. Marx, What’s New About the “New Surveillance”? Classifying for Change and Continuity , 1 Surveillance & Soc’y 8, 17 (2002). While a tool may be used to respond to a specific problem, it also changes the nature of the problem itself and alters the array of potential solutions. Further, technological tools are not “merely passive instruments” and “may actively influence their users, changing the way they perceive the world, the way they act in the world and the way they interact with each other.”11Peter Kroes & Peter-Paul Verbeek, Introduction: The Moral Status of Technical Artefacts , in The Moral Status of Technical Artefacts 1, 1 (Phil. of Eng’g & Tech. Ser. No. 17, 2014). Far from being a neutral tool, technology has been re-imagined by philosophers as “[a] moral agent[],” with its own orientation and momentum.12 Id. at 1-3.

This Article brings these historically siloed scholarly traditions into conversation. It asks not only how surveillance has met existing policing needs, but how it has changed law enforcement goals and the nature of law enforcement itself. While legal scholars have discussed the Fourth Amendment implications of law enforcement surveillance,13 See, e.g. , Maneka Sinha, The Automated Fourth Amendment , 73 Emory L.J. 589, 598 (2024); Andrew Guthrie Ferguson, Facial Recognition and the Fourth Amendment , 105 Minn. L. Rev. 1105, 1108 (2021); Orin S. Kerr, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution , 102 Mich. L. Rev. 801, 864-65 (2004); Chaz Arnett, Black Lives Monitored , 69 UCLA L. Rev 1384, 1404 (2023); Kate Weisburd, Sentenced to Surveillance: Fourth Amendment Limits on Electronic Monitoring , 98 N.C. L. Rev. 717, 773-74 (2020); Christopher Slobogin, Panvasive Surveillance, Political Process Theory, and the Nondelegation Doctrine , 102 Geo. L.J. 1721, 1723 (2014); Julian A. Cook, III, Suspicionless Policing , 89 Geo. Wash. L. Rev. 1568, 1574 (2021); Hannah Bloch-Wehba, Visible Policing: Technology, Transparency, and Democratic Control , 109 Calif. L. Rev. 917, 920 (2021). and the racialized implications of police technology,14 Ruha Benjamin , Race After Technology 96 (2019); Vincent M. Southerland, The Intersection of Race and Algorithmic Tools in the Criminal Legal System , 80 Md. L. Rev. 487, this work extends this analysis by focusing on how surveillance technology has changed policing goals, with racialized implications that go beyond the reach of the Fourth Amendment.

This paper frames law enforcement’s embrace of surveillance technology as a form of techno-solutionism, defined as the view that all complex social situations can be recast “as neat problems with definite, computable solutions or as transparent and self-evident processes that can be easily optimized . . . .”15 Colin Strong , Humanizing Big Data: Marketing at the Meeting of Data , Social Science & Consumer Insight 142 (2015); see infra Part I.B. It is the belief that technology can offer quick-fixes and magic bullets to solve a wide range of problems in education, urban planning, public health, climate change, poverty, policing, and more.16 Michael Dobbins , Urban Design and People 182 (2009); Ivan Illich , Tools for Conviviality 16 (1973); Evgeny Morozov , To Save Everything , Click Here : The Folly of Technological Solutionism 1 (2013). It is a mode of solving problems that reaches “for the answer before the questions have been fully asked.”17 Dobbins , supra note 16, at 182.

Part I starts with a recent example of this larger techno-solutionist narrative in law enforcement. As police departments around the country have faced recruitment struggles in the 21st century (whether real or perceived),18The extent and sources of recent police staffing shortages have been debated by scholars. Multiple empirical studies have highlighted significant law enforcement turnover following George Floyd’s death. Others have found that these effects were small and short-lived when compared with budget constraints and competitive job markets. This paper points to a longer arc of policing challenges and argues that, regardless of whether these staffing issues were real or perceived, the problem demanded a solution, and technology stepped in to answer these concerns. See infra Part I.A. surveillance technology has served as a presumptively apolitical solution to the problem of fewer officers. This techno-solution to police staffing challenges uses surveillance technology as a “force multiplier,” promising increased efficiency in meeting existing policing goals with fewer officers.19 See infra Part I.B.

The expansion of surveillance technology into local law enforcement to address staffing challenges is a recent example of a larger technosolutionist narrative in American policing. This trajectory originated during the backlash to the Civil Rights movement in the late 1960s and has continued through the War on Terror to the current moment. Part II charts this larger history by using closed-circuit TV (CCTV) as a case study, showing how the techno-solutionist mindset interacted with three overarching historical and technological developments and ultimately changed policing goals. First, federal funding, born from the racialized politics of the War on Crime and nourished during the War on Terror, encouraged data coordination and crime prediction. Second, corporate partnerships obscured concerns about surveillance’s efficacy and racial bias through their focus on profit and market growth. Third, the explosion of participatory surveillance resulted in the disparate spread of technology along racial and socio-economic lines.

Part III focuses on how expanded police surveillance, unmoored from historical and socio-economic context by techno-solutionism, has strengthened existing patterns of biased policing through racially patterned and pervasive surveillance. The expansion of police surveillance in the last fifty years, in general, and its techno-solutionist trajectory, in particular, lead to troubling implications about how constant surveillance will impact racial bias in the criminal legal system. The vast amounts of information harvested from ubiquitous surveillance have culminated in the creation of “suspect data doubles,” dossiers that reduce each of us to the uninterrogated correlations mined from boundless data. The era of Big Data policing, now upon us, is positioned to alter law enforcement goals and amplify racial disparities under the cloaked passivity of technology.

I. The Problem and Its Techno-Solution

Part I explores a recent example of the broader techno-solutionist narrative in law enforcement. As police departments across the country have struggled with real and perceived recruitment issues in the 21st century, surveillance has been presented as a neutral and unbiased technological workaround. This techno-solution to staffing shortages uses surveillance as a “force multiplier,” promising greater efficiency in achieving policing objectives with fewer officers, while sidestepping long-standing sociopolitical critiques.

A. Police Staffing Challenges

Why have police departments turned to surveillance technologies in the 21st century? A clue may be found in one of policing’s top concerns – staffing. Since the early 2000s, law enforcement has faced challenges recruiting and retaining officers.20Kurt Streeter, LAPD Exodus Is Outpacing Recruitment , L.A. Times (Aug. 19, 2001, at 00:00 PT), https://www.latimes.com/archives/la-xpm-2001-aug-19-mn-35891- story.html [https://perma.cc/H7UD-CFKC]; Bruce Taylor , Bruce Kubu , Lorie Fridell , Carter Rees , Tom Jordan & Jason Cheney , Police Exec. Rsch. F. , The Cop Crunch: Identifying Strategies for Dealing with the Recruiting and Hiring Crisis in Law Enforcement 2 (2005), https://www.publicsafety.gc.ca/ lbrr/archives/cnmcs-plcng/cn34569-eng.pdf [https://perma.cc/5EHH-DEPL]; William J. Woska, Police Officer Recruitment: A Public Sector Crisis , 73 Police Chief 52 (2006); Robin N. Haarr, Factors Affecting the Decision of Police Recruits to “Drop Out” of Police Work , In 2009, the RAND Corporation’s Center on Quality Policing reported that, “Maintaining the police workforce level is continually one of the greatest challenges facing law-enforcement agencies.”21 Jeremy M. Wilson , Erin Dalton , Charles Scheer & Clifford A. Grammich , RAND Corp. , Police Recruitment and Retention for the New Millennium: The State of Knowledge , at xiii (2009). By 2018, “a clear and worrying trend” had emerged in police recruitment and retention.22 Police Exec. Rsch. F. , Responding to the Staffing Crisis: Innovations in Recruitment and Retention 3 (2023), https://www.policeforum.org/assets/ RecruitmentRetention.pdf [https://perma.cc/6KVQ-CWFG]. Approximately one quarter of police departments reported staffing difficulties in 2018, which increased to 78% by 2022.23 Id . at 10. In 2024, the Police Executive Research Forum (PERF) reported that, in California, law enforcement staffing was at its lowest since 1991, despite a population growth of 10 million during the same time period.24 Peace Officers Rsch. Ass’n of Cal. , Law Enforcement Staffing Shortages Put California at Risk 1 (2024), https://porac.org/wp-content/uploads/2024- PORAC-Police-Staffing-Brief.pdf [https://perma.cc/M4M5-V8G4].

Police staffing challenges have unfolded as the result of a web of interconnected recruitment, retention, and retirement issues, and they grew to a crescendo in the early 2020s. Difficulties with recruitment have emerged as fewer people apply to become police officers. A September 2019 survey by the International Association of Chiefs of Police found that 78% of agencies reported “having difficulty in recruiting qualified candidates,” with 75% reporting that “recruiting is more difficult today than it was five years ago.”25 Int’l Ass’n of Chiefs of Police , The State of Recruitment: A Crisis for Law Enforcement 3 (2019), https://www.theiacp.org/sites/default/files/239416_ IACP_RecruitmentBR_HR_0.pdf [https://perma.cc/6B34-B9UJ]. For example, the Nashville Police Department reported a 60% decrease from 2010 to 2019 in the number of online applications it received.26 Police Exec. Rsch. F. , The Workforce Crisis , and What Police Agencies Are Doing About It 8 (2019), https://www.policeforum.org/assets/Workforce Crisis.pdf [https://perma.cc/EU63-TZAK]. In 2023, the New York State Police had only 12,000 applicants take the required agency exam, down from over 30,000 a few years prior.27Vince Briga, Line-of-Duty Deaths Compound Difficult Police Recruiting Environment in New York , Spectrum News 1 (Apr. 18, 2024, at 18:37 ET), https://spectrumlocalnews. com/nys/central-ny/news/2024/04/18/recruitment-efforts-challenging-police [https:// p erma.cc/KM4V-HDJ4]. San Francisco, where police officer application numbers had already been dropping since 2014, saw its numbers fall to a quarter of the previous levels in 2021.28Jonah Owen Lamb, SFPD’s Ranks Are Thinning Fast, and Recruitment Is Lagging. Is the Damage ‘Permanent’? , S.F. Standard (July 22, 2024, at 08:00 ET), https://sfstandard. com/2024/07/22/sfpd-staffing-recruitment-problems/ [https://perma.cc/3MDF-2ASN].

While staffing challenges are not new, they have been heightened by the “twofold morale hit of 2020 – the coronavirus pandemic and criticism of police that boiled over with the murder of George Floyd by a police officer.”29Associated Press, The U.S. is Experiencing a Police Hiring Crisis , NBC News (Sep. 6, 2023, at 08:49 ET), https://www.nbcnews.com/news/us-news/us-experiencing-policehiring-crisis-rcna103600 [https://perma.cc/TSE8-XNQZ]; Weston J. Morrow, Samuel G. Vickovic, Lisa M. Dario & John A. Shjarback, Examining a Ferguson Effect on College Students’ Motivation to Become Police Officers, 30 J. Crim. Just. Educ. 585, 597 (2019) (finding that negative attention directed towards law enforcement negatively influences college students’ motivation to enter policing). This effect was found to be highest for resignations and retirements, which have increased 19% and 47% respectively, as compared to 2019.30Associated Press, supra note 29; Police Exec. Rsch. F. , supra note 26 , at 21. Studies report a widespread “turnover crisis,” as 78% of policing agencies experienced increased resignations and retirements from 2020 to 2022.31Ian T. Adams, Scott M. Mourtgos & Justin Nix, Turnover in Large US Policing Agencies Following the George Floyd Protests , 88 J. Crim. Just. 1, 18 (discussing the increased turnover following the George Floyd protests). Total resignations of sworn police officers increased by 2.5% from 2019 to 2020 and then by almost 40% in 2021 and 14% in 2022.32 New PERF Survey Shows Police Agencies Have Turned a Corner with Staffing Challenges , Police Exec. Rsch. F. (Apr. 27, 2024), https://www.policeforum.org/staffing2024 [https://perma.cc/Q56X-9CMS]. While the pace of resignations slowed in 2023, the numbers are still 28.6% higher than 2019 levels.33 Id. Officer retirements also increased from 2019 to 2020, and again in 2022.34 Id. A study of fourteen large police agencies found that 80% had experienced increased resignations and retirements in the two years following the George Floyd protests.35Adams, Mourtgos & Nix, supra note 31, at 13-15. The combination of increased retirements, earlier resignations,36 Police Exec. Rsch. F. , supra note 26, at 21. and smaller hiring pools has resulted in a widespread decrease in the number of police officers. In California, staffing fell by 3.2% from 2020-2022, with a loss of 3,563 sworn police officers statewide.37Magnus Lofstrom, Brandon Martin & Andrew Skelton, Law Enforcement Staffing in California , Pub. Pol’y Inst. Cal. (Feb. 2025), https://www.ppic.org/publication/lawenforcement-staffing-in-california/ (on file with the Michigan Journal of Race & Law).

The causes and extent of these post-2020 staffing challenges – and the actual impact of public criticism of law enforcement based on well-publicized police murders of Black and Brown constituents – have been debated by scholars. Several empirical studies point to substantial law enforcement turnover in the wake of George Floyd’s death.38Adams, Mourtgos & Nix, supra note 31, at 2 (finding increases in police resignations and retirements in the two years following the George Floyd protests); Scott M. Mourtgos, Ian T. Adams & Justin Nix, Elevated Police Turnover Following the Summer of George Floyd Protests: A Synthetic Control Study , 21 Criminology & Pub. Pol’y 9, 21 (2022). Other studies find that the effect was minimal, short-lived, or due to other factors.39Ben Grunwald, A Large-Scale Study of the Police Retention Crisis 4 (June 20, 2024) (unpublished manuscript), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4871954 [https://dx.doi.org/10.2139/ssrn.4871954] (noting the rise in police separations after the summer of 2020 was “smaller, later, and less sudden than the conventional [retention-crisis] narrative suggests.”); Christopher Copeland, Alex del Carmen & Olga B. Semukhina, Revisiting the Ferguson Effect: Law Enforcement Perception of Recruitment in the Post George Floyd Era , 24 Int’l J. Police Sci. & Mgmt. 261, 261 (2022) (finding that the Ferguson effect – connected to the 2014 police killing of Michael Brown – “is related to increased difficulty in officer recruitment but its impact is relatively small when compared with traditional recruitment challenges such as limited budgets and competitive job markets.”); Int’l Ass’n of Chiefs of Police , The State of Recruitment & Retention: A Continuing Crisis for Policing : 2024 Survey Results 9 (2024), https://www.theiacp.org/sites/default/files/ 2024-11/IACP_Recruitment_Report_Survey.pdf [https://perma.cc/TZC2-95XS] (writing that the extent of police hiring shortages are not necessarily due to the pandemic or protests, but attributable to those officers hired during the hiring boom in the 1990s reaching retirement age). Regardless of whether these post-2020 staffing challenges were real or exaggerated, media coverage and law enforcement statements created a perception of increased police retention and recruitment difficulties.40 See, e.g. , Holly Bailey, Minneapolis Violence Surges as Police Officers Leave Department in Droves , Wash. Post (Nov. 13, 2020), https://www.washingtonpost.com/national/ minneapolis-police-shortage-violence-floyd/2020/11/12/642f741a-1a1d-11eb-befb-886425 9bd2d8_story.html [https://perma.cc/U9SA-R22F]; Lauren Bonds, Police Blame Accountability for Low Recruitment. But It’s Their Only Hope , Appeal (May 15, 2024), https://theappeal.org/ police-recruitment-low-accoutability/ [https://perma.cc/7796-XMLJ]; Daniel Cassady, Amid Calls for Police Reform Across the Nation, Police Struggle with Recruiting and Retention , Forbes (July 29, 2020), https://www.forbes.com/sites/danielcassady/2020/07/29/amid-calls-forpolice-reform-across-the-nation-police-struggle-with-recruiting-and-retention/ [https:// perma.cc/UHD8-6FDY]; Stefanie Dazio, Jake Bleiberg & Kate Brumback, Law Enforcement Struggles to Recruit Since Killing of Floyd , Associated Press (June 11, 2021, at 15:09 ET), https://apnews.com/article/government-and-politics-george-floyd-racial-injustice-only-onap-coronavirus-pandemic-d434cc8023875ddb996abb7df0a7bc44 [https://perma.cc/3DQ5- T2L2]; Robert Klemko, Police Agencies Are Desperate to Hire. But They Say Few Want the Job , Wash. Post (May 27, 2023), https://www.washingtonpost.com/national-security/2023/05/ 27/police-vacancies-hiring-recruiting-reform/ [https://perma.cc/LKH6-G93G]; Kris Maher, Police Departments Are Losing Officers and Struggling to Replace Them , Wall St. J. (Jan. 27, 2022, at 08:00 ET), https://www.wsj.com/articles/police-departments-are-losing-officers- and-struggling-to-replace-them-11643288401 [https://perma.cc/N74C-C5A4]; Neil MacFarquhar, Departures of Police Officers Accelerated During a Year of Protests , N.Y. Times (Nov. 8, 2021), https://www.nytimes.com/2021/06/11/us/police-retirements-resignationsrecruits.html [https://perma.cc/K4U9-2WQE]; Joshua Q. Nelson, Minneapolis Police Leaving

Alongside staffing challenges are changes in public opinion of the police. Gallup polling began measuring confidence in police in 1993, with a high mark in 2004, when 64% of respondents expressed “a great deal/quite a lot” of confidence in police. This number fell to 48% in 2020 and again to a record low of 43% in 2023, before rebounding to 51% in 2024.41Megan Brenan, U.S. Confidence in Institutions Mostly Flat, but Police Up , Gallup (July 15, 2024), https://news.gallup.com/poll/647303/confidence-institutions-mostlyflat-police.aspx [https://perma.cc/UQ2M-SLEJ]. According to ABCNews/Washington Post polling, in 2014, 54% of respondents expressed confidence in the adequacy of police training to avoid excessive force. By 2023, that number had fallen to 39%.42Gary Langer, Confidence in Police Practices Drops to a New Low: POLL , ABC News , (Feb. 3, 2023, at 06:09 ET), https://abcnews.go.com/Politics/confidence-police-practicesdrops-new-low-poll/story?id=96858308 [https://perma.cc/N6FB-SWG9]. Similarly, from 2014 to 2023, the percentage of respondents who agreed that police treat Black and white people equally fell from 52% to 41%.43 Id. In a different poll, the percentage of respondents who viewed police violence against the public as “extremely/very serious” grew from 32% in 2015 to 48% in 2020.44Kat Stafford & Hannah Fingerhut, AP-NORC Poll: Sweeping Change in US Views of Police Violence , Associated Press (June 17, 2020, at 20:44 ET), https://apnews.com/ article/us-news-ap-top-news-racial-injustice-politics-police-728b414b8742129329081f70 92179d1f [https://perma.cc/8RDH-W2QN].

The fall in public confidence and the difficulties in maintaining police staffing have been portrayed as an existential dilemma. The U.S. Senate Judiciary Committee held a hearing in 2015 entitled, “The War on Police.”45 The War on Police: How the Federal Government Undermines State and Local Law Enforcement : Hearing Before the Subcomm. on Oversight, Agency Action, Fed. Rts. & Fed. Cts. of th the S. Comm. on the Judiciary , 114 Cong. (2015). In August 2023, PERF identified recruitment and retention as the profession’s greatest challenge.46 Police Exec. Rsch. F. , supra note 22, at 1.

While the causes and extent of the staffing crisis are varied and debatable, the broader trends point to fewer Americans vying for law enforcement jobs and a decline in the public perception of police. As Sam Blonder, CEO of a police recruiting agency, stated, “Ask 150 high school kids who wants to be a police officer – you won’t get one that will raise their hand. It’s not for me to say why that’s happened, but sometimes an industry needs a shakeup like that.”47Nigel Duara, ‘Catastrophic Staffing Shortage’ Hits California’s Rural Police First, and Hardest , Cal Matters (Dec. 14, 2022), https://calmatters.org/justice/2022/12/policeofficer-shortage/ [https://perma.cc/6K4D-SRM7]. Although responses to such a “shakeup” could theoretically include strategies such as addressing police brutality, reducing implicit bias among law enforcement, diversifying cadet recruitment, deploying non-police first responders to certain incidents, or altering the relationships between law enforcement and communities of color,48Nat’l Ass’n of Women L. Enf’t Execs., Intentionally Fostering Diversity Is a Crucial Step in Enhancing Police Recruiting Efforts , Police 1 (July 30, 2024, at 11:41 ET), https://www.police1.com/women-in-law-enforcement/intentionally-fostering-diversityis-a-crucial-step-in-enhancing-police-recruiting-efforts [https://perma.cc/T8VV-5Z6C]. many police departments have instead turned to surveillance technologies to solve staffing challenges. This move towards a technological answer, as opposed to “problem-driven design,”49 Dobbins , supra note 16, at 182 (“Problem-driven design assures that the larger context, both spatially and temporally, and socially and culturally, and the interaction between parts and whole is kept in the forefront of any visioning or conceptualizing process.”). is an example of techno-solutionism at work.

B. “Force Multipliers” and Techno-Solutionism

To many surveillance industry leaders and police chiefs, the answer to fighting crime effectively with fewer people is technology. “The good news,” according to industry magazine Security Today, is “that many are discovering how advances in video surveillance technology can be an affordable force multiplier that delivers effective results and safer cities.”50Kevin Taylor, Adding Force Multipliers , Sec. Today (June 1, 2022), https://securitytoday.com/Articles/2022/06/01/Adding-Force-Multipliers.aspx?admgarea= ht.government [https://perma.cc/T8VV-5Z6C]. According to Motorola, “wireless video’s ability to monitor multiple locations roundthe-clock serves as a significant force multiplier, helping officers and other department employees become substantially more productive.”51 Motorola , Inc. , Eyes on the Street: How Wireless Video Solutions Are Transforming Public Safety 3 (n.d.), https://www.motorolasolutions.com/ content/dam/msi/docs/business/solutions/business_solutions/incident_scene_and_event_m anagement/intelligent_video_surveillance_and_control__ivsc_/_documents/staticfiles/eyes_ on_the_street_wireless_video1.pdf [https://perma.cc/XX3E-MHZH].

The term “force multiplier,” originating from military science, refers to “a tangible or intangible variable that increases the combat value and overall capability of a military force.”52 David Powell , Understanding Force Multipliers: The Key to Optimizing Force Capabilities in Peacetime Contingency Operations 5 (1990). It has become a buzzword in law enforcement circles, where it describes the increased efficiency made possible by technologically enhanced policing.53 Technology That Serves as a Law Enforcement “Force Multiplier” , Flock Safety (Mar. 3, 2021), https://www.flocksafety.com/articles/this-technology-helps-police-beeverywhere-at-the-same-time [https://perma.cc/3NR6-Z8JF]; see Video Surveillance as a Force Multiplier , Solis Energy https://solisenergy.com/case-study/video-surveillanceforce-multiplier [https://perma.cc/QP4A-69NE]. “By leveraging technology as a force multiplier, you enhance the efficiency and precision of your officers.”54Sarah Calams, Leading the Digital Beat: LAPD’s Deputy Chief Talks Technology’s Role in Shaping the Future of Policing , Police 1 (Feb. 13, 2024, at 18:08 ET), https://www.police1.com/tech-pulse/leading-the-digital-beat-lapds-deputy-chief-talkstechnologys-role-in-shaping-the-future-of-policing [https://perma.cc/HP7M-6MR5]. In Camden, New Jersey, Police Chief Gabriel Rodriguez welcomed an infusion of $8 million for the Eye in the Sky surveillance system by stating, “I wish we had a thousand officers on every corner, but we don’t,” and calling the technology a “force multiplier.”55Hayden Mitman & Cydney Long, Camden County Invests $8M into ‘Eye in the Sky’ System, Tech Upgrades for Police , NBC 10 Philadelphia (Aug. 1, 2023, at 12:25 ET), https://www.nbcphiladelphia.com/news/local/camden-county-invests-8m-into-eye-inthe-sky-system-tech-upgrades-for-police/3615601/ [https://perma.cc/P6J2-G4JR]. In touting the capabilities of integrated surveillance technologies, Marshall Freeman, Deputy Chief Administrative Officer for the Atlanta Police Department, stated, “[Real-Time Crime Centers’] simplicity and effectiveness make them a force multiplier for enhancing efficiency and safety.”56Joanna Putman, Axon Acquires Real-Time Crime Center Technology Developer Fusus , Police 1 (Feb. 1, 2024, at 14:28 ET), https://www.police1.com/police-products/realtime-crime-centers/axon-acquires-real-time-crime-center-technology-developer-fusus [https://perma.cc/3TNG-XJEC]. Technologies such as automated license plate readers and unmanned aerial vehicles “can often be implemented at the cost of less than one full-time benefited police officer.”57Mike Moulton, Is Technology the Answer to Police Staffing Issues? , Gov’t Tech. (Sep. 13, 2024), https://www.govtech.com/voices/is-technology-the-answer-to-policestaffing-issues [https://perma.cc/33H4-PKXS].

Through the lens of force multipliers, local police departments’ turn to increased surveillance can be seen as more of a response to staffing shortfalls than a strategic shift to a technology with proven results in reducing crime. Essentially, crime isn’t actually the problem that technology is being recruited to solve. Rather, it is being used to solve issues internal of policing itself. How can police departments do the work expected of law enforcement with fewer employees, given that the ability to retain existing officers and recruit new ones is waning? In the words of Memphis Police Chief Cerelyn Davis, “We are looking forward to more advanced technology, more cameras, more equipment for our officers to work smarter, not harder.”58Brooke Muckerman, ‘A Force Multiplier.’ Memphis Police Department Gets $1.9 Million for New Technology , Commercial Appeal (Mar. 27, 2024, at 10:32 CT), Smarter, here, is a synonym for efficiency.

This turn to technology is a brand of “techno-solutionism,” which is the view that all complex social situations can be recast “as neat problems with definite, computable solutions or as transparent and self-evident processes that can be easily optimized . . . .”59 Strong , supra note 15, at 142. It is an ideology that refers to “the human tendency to place emphasis upon a specific solution to a problem rather than on the problem itself.”60 Jonathan Eldredge , Evidence Based Practice: A Decision-Making Guide for Health Information Professionals 19 (2024). While techno-solutionism is not unique to the field of policing – education61Soobin Yim, Melissa Niiya & Mark Warschauer, e-Inclusion in Education: Lessons from Five Countries , in Digital Divides: The New Challenges and Opportunities of e-Inclusion 181, 189 (Kim Andreasson, 2015); Maya Escueta, Vincent Quan, Andre Joshua Nickow & Philip Oreopoulos, Education Technology: An Evidence-Based Review 88-89 (Nat’l Bureau of Econ. Rsch., Working Paper No. 23744, 2017); Valerie Strauss, The Overselling of Ed Tech , Wash. Post (Mar. 13, 2016), https://www.washingtonpost.com/news/answersheet/wp/2016/03/13/the-overselling-of-ed-tech/ [https://perma.cc/2E2A-7YTP]; Annie Gilbertson, The LA School iPad Scandal: What You Need to Know , NPR (Aug. 27, 2014, at 03:32 ET), https://www.npr.org/sections/ed/2014/08/27/343549939/ the-l-a-school-ipad-scandal-what-you-need-to-know [https://perma.cc/N26C-SJT8]. and healthcare62Han Koehle, Clair Kronk & Young Ji Lee, Digital Health Equity: Addressing Power, Usability, and Trust to Strengthen Health Systems , 31 Y.B. Med. Inform. 20, 20 (2022) (“Without specific attention to health equity considerations in design, implementation, and evaluation, the rapid expansion of digital health approaches threatens to exacerbate rather than ameliorate existing health disparities.”). also grapple with the allure of new technology as a panacea for persistent dilemmas – it can be seen prominently in many aspects of policing. One example can be found in the ideas of Axon Enterprise CEO Rick Smith.63 Rick Smith , The End of Killing: How Our Newest Technologies Can Solve Humanity’s Oldest Problem (2019). Smith’s company (formerly Taser International) sells new technologies, like Tasers, as non-lethal alternatives to firearms for police. Smith envisions a world in which killing is obsolete: “Killing is a technology problem. And we can use technology to end killing as we know it.”64 Id. at 13. According to Smith, the obstacles to a safer world are not persistent inequalities, but rather our skepticism of new technologies like crowd control, surveillance, and artificial intelligence.65 Id.

Most recently, techno-solutionism has been applied to police staffing. Here, the identified problem is a dearth of police officers, and a typical solution would be to recruit more police officers. When that typical solution is no longer possible, rather than approaching the problem of crime differently – with mental health outreach, educational opportunities, or a larger socio-economic reckoning, for example – or assessing the root causes of why a career in law enforcement has become less attractive, techno-solutionism promotes technology as the solution instead. Under this approach, the answer to the shortage of police officers is to increase technological surveillance.

This techno-solution is aided by law enforcement’s internal policymaking and public perception. First, the decision-making process at the local police level is remarkably unconstrained. “In most cities, decisions to acquire and use spying technologies are made by police departments, in secret, without any knowledge or input from the public or their elected officials.”66 Community Control over Police Surveillance , ACLU, https://www.aclu.org/ community-control-over-police-surveillance [https://perma.cc/WS24-KM4V] (last visited Nov. 11, 2025). Most jurisdictions do not have clear surveillance policies, leaving it to law enforcement to make decisions based upon their own rubrics.67 Jon Fasman , We See it All: Liberty and Justice in the Age of Perpetual Surveillance 30 (2021) (“Pressing for transparent usage policies – and more importantly, for the police to explain why they need the next shiny new toy or genius crime-prevention software before buying it – will have effects beyond just the near-term safeguarding of our civil liberties.”); Barry Friedman, Lawless Surveillance , 97 N.Y.U. L. Rev. 1143, 1148 (2022) (“In short, pervasive government surveillance is lawless at present.”).

Further, within local police departments, “technology acquisition seem[s] rather disparate and [is] not necessarily obtained for part of a greater purpose.”68 Kevin Strom , Police Exec. Rsch. F. , Research on the Impact of Technology on Policing Strategy in the 21 st Century , Final Report , at 7-7 (2017), https://www.ojp.gov/pdffiles1/nij/grants/251140.pdf [https://perma.cc/N4Z2-RW2L]. A 2016 Department of Justice funded research report found that, “at a national level, agencies are not making decisions to acquire technology based on dominant policing philosophies or the activities they prioritize. Instead, agencies appear to adopt technology ad hoc in response to a constellation of factors that includes executive staff decisions, perceived needs, community demands, and available funding.”69 Id. at 1-1. The availability of federal funding, private citizen interest, vendor sales-pitches, and the variability of the political climate leads to “ad hoc” decisions with little foundation in real strategy.

Finally, perceptions about crime, not realities, have had an outsized impact on policing strategies and policies. Although crime statistics are largely trending downwards,70Ernesto Lopez & Bobby Boxerman, Crime Trends in U.S. Cities: Mid-Year 2025 Update , Council on Criminal Justice (July 2025), https://counciloncj.org/crimetrends-in-u-s-cities-mid-year-2025-update/ [https://perma.cc/C3AG-9N5R]. there is nevertheless increased public concern over crime. Gallup polling numbers from October 2023 found that 77% of respondents believed, incorrectly, that crime rates had increased in the last year.71Jeffrey M. Jones, More Americans See U.S. Crime Problem as Serious , Gallup (Nov. 16, 2023), https://news.gallup.com/poll/544442/americans-crime-problem-serious. aspx [https://perma.cc/E39G-4FFP]. The percentage of respondents who believed that “the crime problem in the U.S. [was] either extremely or very serious” had jumped from 54% in 2021 to 63% in 2023, the highest ever recorded by Gallup.72 Id . Further, a “growing share of Americans [said] reducing crime should be a top priority for the president and Congress to address [in 2024],” with that share increasing from 47% at the beginning of 2021 to 58% in early 2024.73John Gramlich, What the Data Says About Crime in the U.S. , Pew Rsch. Ctr. (Apr. 24, 2024), https://www.pewresearch.org/short-reads/2024/04/24/what-the-datasays-about-crime-in-the-us/ [https://perma.cc/SVP9-WFFZ]. These factors have facilitated the spread of surveillance as a “technical” solution to the socio-political problems of policing, which include racial bias, public distrust, and police brutality.

The issue is not that technology might indeed offer tools to address entrenched social problems,74The question of how well surveillance works to reduce crime is discussed infra Part I.C. but that techno-solutionism professes an often unquestioned “numeric imagination:” a “predisposition to seek out quantitative and linear casual explanations that have little respect for the complexity of the actual human world.”75 Morozov , supra note 16, at 260. Techno-solutionism can obscure the need for structural change or analyses of complex socio-political dynamics. In the process of identifying problems, they are “rendered nonpolitical.”76 Tania Murray Li , The Will to Improve: Governmentality , Development , and the Practice of Politics 7 (2007). The underlying issues with policing, however, are indeed socio-political ones, where context and histories of power matter.

C. Police Surveillance and Public Safety

Techno-solutionism frames human concerns as technical problems, often ignoring broader structural or socio-political complexities. However, a critique of techno-solutionism need not deny that technology can offer tools to address underlying problems. One way to analyze the efficacy of police surveillance is to measure its effects on crime. This approach assumes that crime is at the heart of why police have turned to surveillance, which is the rationale given by law enforcement and policymakers pushing for greater surveillance with fewer restrictions. For example, Los Angeles Deputy Chief John McMahon stressed that, “The potential of video technology to impact law enforcement significantly, especially in real-time, cannot be understated . . . By enabling immediate access to video and other crucial data for officers and detectives on the scene, we can significantly enhance our crime-fighting capabilities.”77Calams, supra note 54. Taking the argument that technology is an effective tool against crime as our starting point, how well does police surveillance serve the goal of reducing crime? The answer is “it depends,”78Sarah J. McLean, Robert E. Worden & MoonSun Kim, Here’s Looking at You: An Evaluation of Public CCTV Cameras and Their Effects on Crime and Disorder , 38 Crim. Just. Rev. 303, 306 (2013) (“Thus, the most consistent answer to the question, ‘is CCTV effective at reducing crime and disorder?’ is, ‘it depends.’”). as we will discuss in this section.

Answering a complex, multi-factor question, such as the effect of law enforcement video surveillance on crime rates, is a precarious task. An honest but unsatisfying response is that more data is needed. Looking solely at macro-level statistics, a comparison of city crime indices, and the number of cameras per 1,000 people, there is little correlation between more cameras and lower crime rates.79Paul Bischoff, CCTV Surveillance in the Most Populated Cities in the United States , Comparitech (Jan. 8, 2024), https://www.comparitech.com/blog/vpn-privacy/ussurveillance-camera-statistics/ [https://perma.cc/PLF4-ZS3K]. Atlanta has six times the number of police cameras per capita, as compared to Denver and Detroit.80 Id. However, Denver’s crime rate is substantially lower than Atlanta’s, while Detroit’s crime rate is substantially higher.81 Id. These types of comparisons tell us little about the efficacy of police surveillance, as the factors that make up the crime index of any given jurisdiction are impenetrable without a more detailed analysis.

Another, albeit imperfect, approach might be to evaluate a single jurisdiction, comparing pre-surveillance and post-surveillance crime outcomes. Again, this approach is hampered by the fact that few law enforcement entities track this type of information in any consolidated fashion. A 2016 Department of Justice survey of police departments reported that “agencies largely do not identify or track appropriate success metrics that could be used to determine the effectiveness of technology.”82 Strom , supra note 68, at 7-10.

One study conducted by the University of California in 2008 offers an early snapshot of the effectiveness of San Francisco’s initial surveillance project, the Community Safety Cameras (CSCs).83 Jennifer King , Deirdre K. Mulligan & Steven Raphael , U.C. Berkeley , Ctr. for Info. Tech. Rsch. in the Int. of Soc’y , The San Francisco Community Safety Camera Program: An Evaluation of the Effectiveness of San Francisco’s Community Safety Cameras 7 (2008). At the time, the CSC program, which had originated in 2006, had seventy-one fixed view cameras, mostly positioned in the Tenderloin, Mission, and Bayview Districts.84 Id. at 32. The study noted two primary goals of the program: first, to deter violent crime, and second, “to provide SFPD investigators with a forensic tool to investigate crime that occur[s] within view of the cameras and to assist in the prosecution and defense of charged crimes.”85 Id . at 13.

With regards to the first goal, the study stated:

We find no evidence of an impact of the CSCs on violent crime. Violent incidents do not decline in the areas near the cameras relative to areas further away, we observe no decline in violent crimes occurring in public places, and we observe no statistically significant differences in the relationships between the before-after change in crime and the distance from the camera locations.86 Id. at 49.

The study also did not find evidence of any effect on drug offenses, prostitution, or vandalism.87 Id . at 50. It did measure, however, “significant and substantial declines in property crime rates within view of the CSCs.”88 Id . at 49.

With regards to the second goal, the study did find that CSC footage was helpful in criminal investigations, specifically with “establishing a sequence of events for a crime or placing witnesses at a scene.”89 Id. at 13. On average, SFPD had requested CSC footage three times a month since the program’s inception, and it had assisted in charging suspects in six cases overall.90 Id. Nevertheless, the report concluded, “given the lack of deterrent effect on violent crime and its limited usefulness with respect to investigations, it is clear that one of the questions the City must consider is whether or not to continue the CSC program at all.”91 Id. at 157.

In the years since the 2008 University of California report, San Francisco made the decision to not only continue, but to expand law enforcement surveillance. In 2022, San Francisco launched a pilot project allowing for real time police video surveillance.92Matthew Guariglia, San Francisco’s Board of Supervisors Grants Police More Surveillance Powers , Elec. Frontier Found. (Sep. 22, 2022), https://www.eff.org/deeplinks/2022/ 09/san-franciscos-board-supervisors-grants-police-more-surveillance-powers (on file with t he Michigan Journal of Race & Law). The results of the pilot project over a nine month period show that live monitoring led to sixty-five total arrests, with the majority (fifty-three) being for narcotics-related incidents.93Aldo Toledo, Is San Francisco’s Use of Surveillance Cameras Working? , Gov’t Tech. , (Jan. 19, 2024), https://www.govtech.com/public-safety/is-san-franciscos-use-ofsurveillance-cameras-working [https://perma.cc/HJ2V-GBSS]. Of these arrests, twenty-nine led to charges being filed.94 Id. Of the 250 hours of live video watched by SFPD officers, forty-two hours and “by far the longest monitoring session” was of a music festival in a public park.95 Id. The surveillance netted only one arrest.96 Id.

These underwhelming measures of surveillance efficacy are not unusual. The Memphis Police Department’s extensive surveillance system, Skycop, mirrors the outcomes in San Francisco. In the aggregate, violent-crime rates in Memphis have increased by 57% since 2010, the year Skycop was implemented, outpacing Tennessee and national averages.97 Id. ; Drew Harwell & Danny Freedman, Memphis’s SkyCop Cameras Couldn’t Prevent Tyre Nichols’s Beating Death , Wash. Post (Feb 2. 2023), https://www.washingtonpost.com/ technology/2023/02/02/skycop-nichols-memphis-crime/ [https://perma.cc/Q3Q8-FBBV]. Would the violent crime rate in Memphis – which is six times the national average and climbed at a higher rate in the 2010s than anywhere else in the country – have increased even more absent Skycop cameras?98Matt Stroud, 10 Years. $10M. 2,100 SkyCop Cameras. And a Crime Increase of 57% , McGraw Ctr. for Bus. Journalism (Nov. 18, 2021), https://www.mcgrawcenter.org/ stories/10-years-10m-2100-skycop-cameras-and-a-crime-increase-of-57/ [https://perma. cc/F8QN-5HVZ]. Given the myriad factors that converge to create crime rates, answering this hypothetical conclusively is difficult. However, Memphis’s experience with surveillance as a crime fighting tool is matched by other jurisdictions, which have also measured few or inconclusive effects from increased law enforcement surveillance.99David F. Greenberg & Jeffrey B. Roush, The Effectiveness of an Electronic Security Management System in a Privately Owned Apartment Complex , 33 Evaluation Rev. 3 (2009) (Increased surveillance in two New York apartment complexes did not reduce crime); see Sonia Roubini, Police Chief: Surveillance Cameras Don’t Help Fight Crime , ACLU (Apr. 9, 2015), https://www.aclu.org/news/privacy-technology/police-chiefsurveillance-cameras-dont-help-fight [https://perma.cc/HM7X-JXXH]; Noarm Biale , ACLU, Expert Findings on Surveillance Cameras: What Criminologists and Others Studying Cameras Have Found 1, 5 (2008), https://www.aclu.org/sites/ default/files/images/asset_upload_file708_35775.pdf [https://perma.cc/NC8W-DD6R] (Surveillance cameras have had little to no impact on crime in Los Angeles and San Francisco). In the words of former Memphis Police Chief Don Crowe, “We tell everybody this anecdote: every bank has cameras in it, but people still rob banks.”100 Do SkyCop Cameras Actually Reduce Crime? , Action News 5 (Nov. 12, 2018, at 23:00 ET), https://www.actionnews5.com/2018/11/13/are-skycop-cameras-solution/ [https://perma.cc/RN62-NBAX].

What can be more easily measured is the rate at which Skycop surveillance was used by law enforcement to respond to crime incidents. Based upon a public records request by the Daily Memphian newspaper, from January 1 to October 31, 2021, Skycop footage was mentioned in only one of the 228 homicides in the city.101Stroud, supra note 98. Skycop surveillance was also mentioned in less than 5% of the aggravated assaults, carjackings, and robberies during that same period.102 Id. Overall, it was relevant to less than 3% of all crime incidents in the city.103 Id.

Similar results can be found in Chicago. A joint study by the Chicago Tribune and the Illinois Answers Project based on over 100 open records requests found that, “videos from Chicago police’s core inventory of roughly 4,400 surveillance cameras appeared to help solve, at best, 3.5% of 2023’s homicides.”104Madison Hopkins & Joe Mahr, Many Cameras. Little Focus. Blurry Results. , Ill. Answers Project (Sep. 29, 2024), https://illinoisanswers.org/2024/09/29/chicago-policecamera-surveillance-fail-deliver-promise-fight-crime/ [https://perma.cc/4TPZ-8LFS]. Despite costing almost $300 million over the course of two decades, only about one in ten cameras documented a significant drop in crime.105 Id.

Interestingly, given their role in promoting visual surveillance, corporate security companies offer few statistics extolling the efficacy of their products. The websites of companies like Fusus or Motorola are replete with anecdotal accounts, testimonials, and case studies, but sparse on crime data.106 Five Reasons Law Enforcement Agencies Should Consider Axon Fusus , Axon , https://www.axon.com/resources/5-reasons-axon-fusus [https://perma.cc/AA2G-HZVU] (last visited Nov. 11, 2025); Aaron Miller, The City of New Orleans: Creating a Real-Time Crime Center to Proactively Prevent and Respond to Public Safety Issues , Motorola Solutions , https://www.motorolasolutions.com/en_us/products/command-center-software/nola.html [https://perma.cc/VB7S-EV3U] (last visited Nov. 11, 2025). One of the few companies to offer a detailed success story is Genetec, which quotes the Mayor of Detroit in 2017, crediting Project Green Light (PGLD) with reducing violent crime at participating gas stations.107 How Cities Can Reduce Crime , Genetec , https://www.genetec.com/blog/industry/ how-the-city-of-detroit-reduced-crime-by-50 [https://perma.cc/VB7S-EV3U] (last visited Nov. 11, 2025); Dave Bartkowiak Jr., Detroit Mayor, Police Chief Announce 100th Project Green Light Location , Click on Det. (Feb. 2, 2017, at 07:07 ET), https:// www.clickondetroit.com/news/2017/02/02/detroit-mayor-police-chief-announce-100thp roject-green-light-location/ (on file with the Michigan Journal of Race & Law). However, as noted in a 2020 Michigan State University (MSU) report, PGLD “was implemented during a period of multiple crime and violence reduction strategies,” which were collectively effective in reducing crime.108 Giovanni Circo , June Werdlow Rogers , Edmund F. McGarrell , Julie M. Krupa , Alaina De Biasi , Juli Liebler , Shannon Cartwright & Travis Carter , Mich. St. Univ. , Sch. of Crim. Just. , Project Greenlight Detroit: Evaluation Report 1 (2020) [hereinafter MSU Report ], https://cj.msu.edu/_assets/pdfs/mjsc/pgldreport-2192021.pdf [https://perma.cc/TX74-E3DY]. “[I]t becomes very difficult in distinguishing the impact of any one of these strategies relative to the other strategies.”109 Id . at 2. Overall, the report found “limited impact of PGLD participation on trends in crime.”110 Id.

Like the MSU report, a growing body of literature has focused on the efficacy of technology as a crime deterrence tool. A 2009 study conducted a systematic review of academic studies on CCTV use by law-enforcement. It found a 16% decrease in crime post-surveillance installation, a figure which was driven by “the effectiveness of CCTV schemes in car parks, which caused a 51% decrease in crime. Schemes in most other public settings had small and nonsignificant effects on crime . . . .”111Brandon C. Welsh & David P. Farrington, Public Area CCTV and Crime Prevention: An Updated Systematic Review and Meta-Analysis , 26 Just. Q. 716, 716 (2009). A 2019 meta-analysis including seventy-six “CCTV evaluations published from 2007 through 2017” found that, overall, “CCTV was associated with significant reductions in both vehicle crime and property crime in general, with no significant effects observed for violent crime. Public safety agencies combatting violent crime problems may need to consider whether resources would be better allocated toward other crime prevention measures.”112Eric L. Piza, Brandon C. Welsh, David P. Farrington & Amanda L. Thomas, CCTV Surveillance for Crime Prevention: A 40-Year Systematic Review with Meta-Analysis , 18 Criminology & Pub. Pol’y 135, 138-39, 150 (2019). Overall, the common thread in evaluations of police camera surveillance is that, “[t]hough findings are mixed, they indicate cameras can reduce crime, particularly property crimes and vehicle crimes in parking lots”113 Lily Robin , Bryce E. Peterson & Daniel S. Lawrence , Urban Inst. , Public Surveillance Cameras and Crime 1 (2020), https://www.urban.org/sites/default/ files/publication/101649/public_surveillance_cameras_and_crime.pdf [https://perma.cc/ R8VN-TDS3]. but have “no violent crime reduction effects . . . .”114McLean, Worden & Kim, supra note 78, at 305-06.

Despite these lukewarm surveillance results, local law enforcement and political leaders continue to laud technologically aided police surveillance as a necessary tool for public safety, often raising the specter of violent crime. When Amazon limited the ability of law enforcement to directly contact Ring doorbell customers via the app in early 2024, Fresno Police Chief Paco Balderrama reacted with alarm: “It’s gonna delay. When we have a known killer, a known rapist, a known gang member that just shot somebody, and we’re trying to get them off the streets, it’s critical that we get that information to detectives immediately.”115Gabe Ferris & Briana Willis, Local Law Enforcement Leaders React to Ring No Longer Allowing Police Video Requests , ABC 30 (Jan. 26, 2024), https://abc30.com/ring-videoneighbors-app-law-enforcement-requests/14361142/ [https://perma.cc/9PTG-L6CU]. In 2022, the San Francisco Mayor’s office argued that increasing police department access to real-time cameras would allow law enforcement “to respond to the challenges presented by organized criminal activity, homicides, gun violence, officer misconduct, among other crimes . . . .”116 Mayor London Breed Introduces Camera Access Legislation to Better Protect Residents, Businesses, and Neighborhoods , City & Cnty. S.F.: Off. Mayor (May 18, 2022) (on file with the Michigan Journal of Race & Law). When describing the benefits of the Hendersonville, Tennessee network of surveillance cameras, Police Commander Scott Ryan stated, “[W]e want our protectors in the field to have information instantly in order to provide the most effective and the safest response to violent crimes . . . .”117Katie Nixon, Sumner Authorities Ask Residents, Business to Register Cameras, Fight Violent Crime , Tennessean (Feb. 13, 2024, at 05:04 CT), https://www.tennessean.com/ story/news/local/sumner/2024/02/13/cloud-based-video-surveillance-platform-fightsmiddle-tennessee-crime/72410800007/ [https://perma.cc/72SK-EMPS]. At times, the push for increased surveillance seems to be an end in and of itself. In the words of Houston Police Chief Troy Finner, “I want thousands [of cameras] . . . Thousands. The more, the better.”118Nick Natario, HPD’s Top Cop Wants ‘Thousands’ of Cameras to Deter Crime, but Experts Worry It’ll Do More Harm , ABC 13 (Nov. 29, 2023), https://abc13.com/houstoncrime-surveillance-hpd-chief-troy-finner-wants-more-cameras-project-safe-view/14119568/ [ https://perma.cc/9XQF-GEDQ].

Despite the lack of evidence showing that police surveillance impacts violent crime rates, law enforcement and politicians continue to extoll its value in combatting dangerous criminals. This enthusiasm has facilitated the spread of surveillance as a “technical” solution to the socio-political problems of policing. The ways that technology has been invoked as a solution to police officer shortages is part of a larger trend towards techno-solutionism.

II. Case Study: The Ascendance of Closed-Circuit Television

Part II desribes police surveillance technologies in the political, economic, and social conditions of their ascendance. Focusing on law enforcement’s use of CCTV as a case study, it charts how technosolutionist thinking undergirds the adoption of technology by police, as well as how technology has changed the goals of policing from deterrence and solving crimes to data aggregation and prediction. Throughout, the specific American experience of race surfaces repeatedly. Police surveillance first emerged from 1960s War on Crime-era racialized politics, benefiting from new federal funding for local law enforcement. It gained momentum through the War on Terror, reorienting local police to data integration, crime prediction, and surveillance. Corporate partnerships emerged, prioritizing profit over concerns about technology’s collateral effects. Finally, the growth of participatory surveillance allowed for trends which emphasized economic and racial disparities. The history of law enforcement CCTV offers a view into the factors which played decisive roles in the development of surveillance in the United States. It also affords a clear vantage point from which to observe the interplay between technosolutionism and the continuation of racially biased policing.

A. Federal Funding

1. War on Crime: Racialized Roots of Federal Funding

American police first employed CCTV surveillance in September 1968, on the main business street of Olean, New York.119John T. Eberth, Nation’s First Surveillance Cameras Were Installed in Olean , Olean Times Herald (Oct. 5, 2008) [https://web.archive.org/web/20221203055715/ https://www.oleantimesherald.com/news/nation-s-first-surveillance-cameras-were-installedin-olean/article_fa09f59d-4ce3-558d-b713-1aa287a57d7e.html]. The local Sears store had been repeatedly broken into, and company headquarters had ordered the store manager to purchase a guard dog that he would have to care for, much to his chagrin.120 Id. At a community service club meeting, the regional cable television company representative suggested placing police cameras on the main street’s utility poles. The initial system was rudimentary by 21st century standards – eight cameras “pann[ing] left and right on a timer,” with overlapping fields of view that were fed continuously to a bank of monitors at the local police department.121 Id. The goals were straightforward: deter crime and catch it in action. The system cost $1.4 million, took two years to develop,122 Id. and required a police officer to watch the continuous feed in real time, since there was no recording capability.

Olean’s experience as a pioneer in police CCTV was short-lived. The CCTV experiment only lasted a year.123Linda Greenhouse, TV Used to Fight Mt. Vernon Crime , N.Y. Times , Apr. 11, 1971, at 58. The New York Times explained that “officials decided there was too little street crime in the upstate city to justify the expense.”124 Id. Despite the system’s limitations, it drew national interest from law enforcement: over the next few years, over 160 police chiefs from around the country visited the town of Olean.125 Id. This interest, importantly, coincided with two critical technological developments. First, in 1971, Sony introduced the first commercially available VCR, providing momentum for broad commercial and law enforcement expansion of CCTV surveillance.126 1st Umatic , Rewind Museum , https://www.rewindmuseum.com/umatic.htm [https://perma.cc/4DAM-ZZM8] (last visited Jan. 4, 2026). Users could now record security footage for later review and easily replace VHS tapes for continual surveillance. A human being was no longer required to monitor the cameras in real time. Second, newly developed camera technologies, such as the charge-coupled device, improved image quality and the ability to record in low-light situations.127Bryan Johnston, A Brief History of Surveillance Cameras , Deep Sentinel (July 18, 2022), https://www.deepsentinel.com/blogs/home-security/history-of-surveillance-cameras/ [https://perma.cc/2YCZ-225E]. These technological advances allowed security cameras to become increasingly commonplace in the 1970s.

They also coincided with a seismic shift in federal involvement in local policing. Up until the late 1960s, crime had been seen almost exclusively as a state and local concern. “In the 1950s, for example, there was virtually no federal involvement in the kinds of criminal justice functions that normally and traditionally had been, up until that time, left to state and local governments.”128Edwin Meese, Federalism in Law Enforcement , Crim. L. & Proc. Prac. Grp. Newsl. (Federalist Soc’y), May 1, 1998, https://fedsoc.org/commentary/publications/federalismin-law-enforcement (on file with the Michigan Journal of Race & Law). This changed in 1965, when the Law Enforcement Assistance Act “establish[ed] a direct role for the federal government” in local police operations, court systems, and state prisons.129 Elizabeth Hinton , America on Fire: The Untold Story of Police Violence and Black Rebellion Since the 1960S 23 (2021); Robert F. Diegelman, Federal Financial Assistance for Crime Control: Lessons of the LEAA Experience , 73 J. Crim. L. & Criminology 994, 997 (1982) (“The LEAA program was the first program of significant federal aid for state and local law enforcement.”). The Act created the Law Enforcement Assistance Administration (LEAA), “the first program of significant federal aid for state and local law enforcement.”130Diegelman, supra note 129, at 997; Gary C. Robb, Police Use of CCTV Surveillance: Constitutional Implications and Proposed Regulations , 13 U. Mich. J. L. Reform 571, 572 n.6 (1980) (“LEAA awards grants to states for the purpose of improving the criminal justice system. The states, in turn, award the funds to local criminal justice agencies.”). LEAA was expanded into a formal Department of Justice agency by the Omnibus Crime Control and Safe Streets Act of 1968,131Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. § 10101. as part of the Johnson administration’s attempt to wage “a thorough, intelligent, and effective war against crime.”132Elizabeth Hinton, Why We Should Reconsider the War on Crime , TIME (Mar. 20, 2015, at 07:00 ET), https://time.com/3746059/war-on-crime-history/ [https://web. archive.org/web/20260105215001/https://time.com/3746059/war-on-crime-history/]. LEAA continued to exist until 1980, spending $8 billion in federal funds to support local law enforcement.133Judi Hasson, The Law Enforcement Assistance Administration, a Keystone of the . . . , United Press Int’l (Apr. 14, 1982), https://www.upi.com/Archives/1982/04/14/The- Law-Enforcement-Assistance-Administration-a-keystone-of-the/2648387608400/ [https:// perma.cc/GLZ8-8ELL]. “[A]t its zenith, in 1974, the LEAA made up nearly 45 percent of the DOJ’s spending.”134Tom Meagher, The Cost of Crime Fighting , Marshall Project (Feb. 12, 2015, at 07:15 ET), https://www.themarshallproject.org/2015/02/12/the-cost-of-crime-fighting [https://perma.cc/5ZUA-BGNY].

A study by the United States General Accounting Office in 1977 detailed LEAA funding programs from 1969 to 1970, noting that “Congress enacted the Omnibus Crime Control and Safe Streets Act of 1968 at a time when serious crime was accelerating at an unprecedented rate.”135 U.S. Gen. Acct. Off. , GGD-78-21, Overview of Activities Funded by the Law Enforcement Assistance Administration 7 (1977). See also Diegelman, supra note 129 (providing additional historical context on federal law-enforcement funding mechanisms). What the report left out, however, were the other factors in the 1960s that turned local crime into a national concern, paving the way for federal action. The 1960s was a decade that included the assassinations of John F. Kennedy, Martin Luther King, Jr., and Robert F. Kennedy; student protests against the Vietnam War; the nonviolent civil rights movement; and the “long, hot summer” of 1967, when more than 100 urban communities were sieged by violence.136 Malcolm McLaughlin , The Long , Hot Summer of 1967 : Urban Rebellion in America 1 (2014). The Omnibus Crime Control and Safe Streets Act was passed the following year, in 1968.

While violent crime did increase by 126% from 1960 to 1970 and by another 64% from 1970 to 1980,137Lauren-Brooke Eisen, America’s Faulty Perception of Crime Rates , Brennan Ctr. for Just. (Mar. 16, 2015), https://www.brennancenter.org/our-work/analysis-opinion/ americas-faulty-perception-crime-rates [https://perma.cc/Y39B-6773]. Americans’ fear of crime “increased considerably faster than the crime rate . . . ,” and was not only affected by crime rates, but by the racial composition and proportion of interracial crime in any given city.138Allen E. Liska, Joseph J. Lawrence & Andrew Sanchirico, Fear of Crime as a Social Fact , 60 Soc. Forces 760 (1982). A 1982 regression study based on data from twenty-six American cities found that, for whites, fear of crime was increased by property crime rates and the proportion of interracial white victimization.139 Id. at 767.

These fears, when harnessed by politicians, fueled racially coded “tough on crime” rhetoric and policies. “A candidate who declared himself tough on crime was understood to also oppose radical shifts in the social order.”140Andrea Pitzer, The Bitter History of Law and Order in America , Longreads (Apr. 6, 2017), https://longreads.com/2017/04/06/the-bitter-history-of-law-and-order-in-america/ [https://perma.cc/H7PW-MNRZ] (charting the evolution of “law and order” movements and politics starting in colonial America, noting, “For centuries, the rhetoric of law and order has been used to intimidate black Americans, limit voting rights, and hobble the influence of minority religions.”). In the 1964 presidential election, Republican candidate Barry Goldwater raised the specter of “crime in the streets” as a national concern.141Dennis D. Loo & Ruth-Ellen M. Grimes, Polls, Politics, and Crime: The “Law and Order” Issue of the 1960s , 5 W. Criminology Rev. 50, 50 (2004). In the 1968 election, Richard Nixon successfully raised this flag again, with his law-and-order platform.142 Id. at 51. John Ehrlichman, President Nixon’s domestic policy advisor, admitted in 1994 that the roots of the War on Crime strategy “had two enemies: the antiwar left and black people.”143Dan Baum, Legalize It All: How to Win the War on Drugs , Harper’s Mag. (Apr. 2016), https://harpers.org/archive/2016/04/legalize-it-all/ [https://perma.cc/ 9AZE-VWDP].

With federal funding came military technologies and strategies, such as the introduction of Special Weapons and Tactics (SWAT) units into local policing.144 See David A. Klinger & Jeff Rojek , A Multi-Method Study of Special Weapons and Tactics Teams 1 (2008) The War on Crime increased the militarization of local law enforcement in terms of both material equipment and strategy. Federal money facilitated the purchase of “bulletproof vests, helicopters, tanks, rifles, gas masks and other military-grade hardware for police departments.”145Hinton, supra note 132; see Diegelman, supra note 129, at 997 (“The LEAA program was the first program of significant federal aid for state and local law enforcement.”).

This funding also facilitated police surveillance. In 1971, LEAA began funding CCTV surveillance projects in cities around the country.146Robb, supra note 130, at 574 n.10 (writing that CCTV projects had been implemented in “Hoboken, New Jersey; San Jose, California[;] Saginaw, Michigan; Tampa, Florida; Washington, D.C.; and Delaware.”); see id. (stating that CCTV was implemented in “Indiana, Kansas, Georgia, Iowa, Hawaii, Texas, New Hampshire, Minnesota, New Jersey, and Alaska” by the late 1970s). By providing grants to early CCTV systems and military technologies, LEAA ushered in a change in domestic policing: an increased reliance on technology. Among its many grants, LEAA also provided direct funding to local police to promote multi-jurisdictional cooperation, including computerized data sharing among disparate government agencies. 147 U.S. Gen. Acct. Off. , supra note 135, at 66; Off. of Tech. Assessment , A Preliminary Assessment of the National Crime Information Center and the Computerized Criminal History System 10 (1978), https://www.princeton.edu/~ ota/disk3/1978/7814/7814.PDF [https://perma.cc/X4AS-LCU6] (“LEAA began funding the development of State information technology that would enable States to computerize their files.”).

The 1990s saw a second wave of CCTV police surveillance, as cities began installing video camera systems for law enforcement purposes.148 U.S. Gen. Acct. Off. , GAO-03-748, Video Surveillance: Information on Law Enforcement’s Use of Closed-Circuit Television to Monitor Selected Federal Property in Washington , D.C. 39 (2003) (CCTV expanded to Virginia Beach in 1993, Baltimore in 1994, and Tampa in 1997). This expansion also coincided with technological developments. In the 1990s, CCTV systems transitioned from analog to digital, allowing for higher quality pictures, zoom capabilities, and easier footage retention.149 When did CCTV Become Common: History of the Security Camera , Solink [hereinafter Solink ], https://solink.com/resources/industry-insights/when-did-cctv-become-common/ [https://perma.cc/79X6-QGH7] (last visited Nov. 11, 2025). Furthermore, digital “multiplexing” became feasible, allowing a single screen to display multiple camera recordings for more efficient monitoring, and allowing the retention of large amounts of video footage on smaller hard or flash drives.150 Anthony C. Caputo , Digital Video Surveillance and Security 164-65 (2d ed. 2014). Still, physical access to the surveillance monitor or the storage drive was required.

This, of course, changed with the advent of the internet. CCTV systems incorporated IP cameras, which allowed for surveillance footage to be sent and received over the internet.151 Solink , supra note 149. In 1996, Axis Communications launched the first network camera, announcing that, “[f]rom that moment on, people with an internet connection could watch what was going on from anywhere in the world.”152 History , Axis Commc’ns , https://www.axis.com/about-axis/history [https:// perma.cc/X8VK-GD7Z] (last visited Nov. 11, 2025).

In the thirty years between the emergence of rudimentary CCTV and the broad use of networked cameras at the end of the 20th century, surveillance technology had firmly imprinted itself on domestic law enforcement. Initially envisioned as a tool to serve traditional deterrence and evidence gathering purposes, police surveillance was rapidly evolving, due to technological advances and federal funding. With its origins in War on Crime racialized fears, surveillance technology was positioned to change the goals of policing.

2. War on Terror: A Move Towards Crime Prediction

Like the War on Crime, the War on Terror provided local law enforcement with extensive federal funding for surveillance technologies. It promoted national security strategies and methods, such as networked data gathering and multi-jurisdictional coordination. Moreover, it translated counter-terrorism goals of prevention and prediction into local law enforcement priorities. Federal funding of surveillance has played a part in “the changing role of the police as ‘knowledge workers’ within a society gravitating toward the estimation and prevention of risks.”153 Simon Egbert & Mattias Leese , Criminal Futures: Predictive Policing and Everyday Police Work 20 (2021) (citing Richard v. Ericson & Kevin D. Haggerty , Policing the Risk Society (1997)).

After the September 11, 2001 attacks, the FBI underwent a “dramatic new organizational shift,” receiving increased funding to transform itself “from a primarily crime-solving entity to a pro-active domestic intelligence agency.”154Veena Dubal, The Demise of Community Policing? The Impact of Post-9/11 Federal Surveillance Programs on Local Law Enforcement , 19 Asian Am. L.J. 35, 45, 46 (2012). Numerous urban police departments joined the Department of Justice’s National Joint Terrorism Task Force (JTTF). “[O]ver one hundred JTTF squads [were] directed by the FBI’s field offices and tasked with preventing terrorism and investigating potential terrorists.”155 Id. at 47. In addition to funding, local law enforcement received guidance “as to what type of information they should collect and pass on to the FBI field offices or to the JTTFs.”156 Id. at 44-45. In San Francisco, for example, local police assigned to the JTTF participated in undercover surveillance of anti-war rallies in the lead up to the second Iraq War.157Joe Garofoli, SFPD Spied on Peace Marches / Watchdog Agency Says Cops’ Videotaping Was Unauthorized , SFGate (Mar. 13, 2003, at 04:00 PT), https://www.sfgate.com/politics/ article/sfpd-spied-on-peace-marches-watchdog-agency-2628826.php [https://perma.cc/ NY8P-8BK4]. They attended “meetings at mosques and other community organizations under the guise of ‘community outreach,’ while recording information about the attendees’ political and religious affiliations . . . .”158Dubal, supra note 154, at 44. “What the War on Drugs [had] done for police militarization, the War on Terror [was] now doing for police intelligence gathering . . . .”159 Adam Bates , Cato Inst. , Stingray: A New Frontier in Police Surveillance 2 (2017), https://www.cato.org/sites/cato.org/files/pubs/pdf/pa-809-revised.pdf [https:// p erma.cc/MWF6-RKLE].

The Implementing Recommendations of the 9/11 Commission Act of 2007 funded Fusion Centers throughout the United States.160Implementing Recommendations of the 9/11 Commission Act of 2007, 6 U.S.C. § 124h. Fusion Centers serve as coordinated hubs for “the receipt, analysis, gathering, and sharing”161 Fusion Centers , U.S. Dep’t Homeland Sec. , http://www.dhs.gov/state-and-majorurban-area-fusion-centers [https://perma.cc/M9RQ-EV5R] (last visited Nov. 11, 2025). of “critical information housed in different agencies” in order to aid federal, state, and local law enforcement in addressing threats to national security.162 Fusion Center History , Fla. Dep’t L. Enf’t , https://www.fdle.state.fl.us/ ffc/fusioncenterhistory [https://perma.cc/M5ZP-BQV9] (last visited Nov. 11, 2025). The development of Fusion Centers was based on three shifts in post-9/11 policing:

(1) a broader adoption of proactive policing strategies in addition to those that were often viewed as largely reactive, (2) widespread recognition of the significance of state and local law enforcement in homeland security efforts, and

(3) a consensus regarding the importance of institutionalizing the sharing of information among law enforcement entities.163 Jerome P. Bjelopera & Kristin Finklea , Cong. Rsch. Serv. , R43583, Domestic Federal Law Enforcement Coordination: Through the Lens of the Southwest Border 15 (2014); see Lois M. Davis , Michael Pollard , Kevin Ward , Jeremy M. Wilson , Danielle M. Varda , Lydia Hansell & Paul Steinberg , RAND Corp. , Long-Term Effects of Law Enforcement’s Post -9/11 Focus on Counterterrorism and Homeland Security 2-4 (2010).

The federal government viewed local entities as critical to national counterterrorism activities, since, “for the most part, information about homegrown plots is available only through domestic policing activities.”164 Bjelopera & Finklea , supra note 163, at 15-16.

Alongside the creation of eighty Fusion Centers,165 U.S. Dep’t of Homeland Sec. , 2021 National Network of Fusion Centers Assessment: Summary of Findings 3 (2021), https://www.dhs.gov/sites/default/files/ 2022-12/2021%20Fusion%20Centers%20Assessment%20Summary%20of%20Findings.pdf, [https://perma.cc/N973-QEYE]. federal funding also went to local law enforcement agencies to implement surveillance technologies.166Catherine Crump, Surveillance Policy Making by Procurement , 91 Wash. L. Rev. 1595, 1598 (2016). The Justice Assistance Grant (JAG) program of the Department of Justice, for example, awarded approximately $3.8 billion to state and local law enforcement between 2003 and 2014.167 Id. at 1602-03. In 2012 alone, JAG funds were used by 113 state and local jurisdictions to purchase license plate readers, 371 jurisdictions to purchase video camera equipment, and 284 jurisdictions to purchase undercover surveillance equipment.168 Id. at 1603.

Applying the Fusion Center rubric of multi-agency integration, Real Time Crime Centers (RTCCs) were created to harness data for the aims of local law enforcement, shifting their approach towards prediction strategies. Beginning in the early 2000s, RTCCs emerged as the most coordinated local law enforcement surveillance systems, with over 147 nationwide.169 Street Level Surveillance , Elec. Frontier Found. , https://sls.eff.org/technologies/ surveillance-camera-networks, [https://perma.cc/YKM2-7QT4] (last visited Nov. 11, 2025). Their goal, according to the Department of Justice, is to “centralize a broad range of current and evolving technologies, coordinate sworn and/or nonsworn human resources, and direct the attention of both to high-crime areas, active crimes in progress, large-scale public events that may require law enforcement presence or response, and/or high-profile or highly recidivistic offenders in the community.”170 U.S. Dep’t of Just. , Bureau of Just. Assistance , The Mission of a Real Time Crime Center 1 (n.d.), https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/ document/RealTimeCrimeCenterInformation.pdf [https://perma.cc/C495-TPP9].

An RTCC can integrate and display data from numerous sources, including emergency/911 dispatch systems, local record management systems (to determine prior convictions and outstanding warrants), video cameras (police, government, and private), electronic monitoring systems (to track individuals on supervised release), license plate readers, facial recognition software, social media applications, geolocation data, and FBI databases.171 Id. “Each RTCC is slightly different, but their function is the same: gather surveillance data across a city and use that to build a live picture of crime in the city.”172Zac Larkham, The Quiet Rise of Real-Time Crime Centers , Wired (July 10, 2023, at 07:00 ET), https://www.wired.com/story/real-time-crime-centers-rtcc-us-police/ [https://perma.cc/XE4Q-HN5V]. A common and salient feature of RTCCs is the integration of networked surveillance cameras. Imagine a wall of video screens and multiple consoles, with civilian analysts and law enforcement attached to headphones, rapidly deploying information from a variety of sources to on-the-ground police. This is the idealized version of an RTCC, as depicted on surveillance industry websites.173 Glendale PD Used APX NEXT to Increase Officer Safety and Efficiency , Motorola Solutions , https://www.motorolasolutions.com/en_us/products/commandcenter-software/public-safety-software/real-time-intelligence-operations/glendale-az-casestudy.html [https://perma.cc/V5D6-AGP2] (last visited Nov. 11, 2025); The Real-Time Crime Center: Enhancing Real-Time Policing Solutions , Axon , https://www.axon.com/resources/rtcc [https://perma.cc/F7XD-D98L] (last visited Nov. 11, 2025); Helping Those that Protect Us , D VG, https://www.dvginteractive.com/portfolio/real-time-crime-center/ [https://perma.

The first RTCC was launched in New York City in 2005 at the cost of $11 million, largely funded by the New York City Police Foundation.174Larkham, supra note 172; Josmar Trujillo, Do Cops Serve the Rich? Meet the NYPD’s Private Piggy Bank , Gothamist (Oct. 24, 2019), https://gothamist.com/news/ do-cops-serve-the-rich-meet-the-nypds-private-piggy-bank [https://perma.cc/BX5D-5VS3] (the New York City Police Foundation has been “a conduit of private money from city elites, corporations and real estate developers to the police for almost half a century.” The organization, founded in 1971, has paid for NYPD equipment, such as computers for crimemapping systems, police body cameras, and bomb-detonating robots); Laura Nahmias, Police Foundation Remains a Blind Spot in NYPD Contracting Process, Critics Say , Politico (July 13, 2017, at 05:10 ET), https://www.politico.com/states/new-york/city-hall/story/2017/07/13/ police-foundation-remains-a-blind-spot-in-nypd-contracting-process-critics-say-113361 (on file with the Michigan Journal of Race & Law) (Donors to the organization, including companies like Palantir Technologies and Motorola, who have contracts with the NYPD, can “potentially get a leg up in the contracting process” with the NYPD). The center was staffed continuously by forty detectives and analysts, with a two-story wall of video screens and connections to police databases and mapping information, allowing access to over 33 billion public records, 31 million national crime records, and 25 million state criminal records and complaints “in a matter of minutes.”175 N.Y.C. Glob. Partners , Best Practice: Real Time Crime Center : Centralized Crime Data System 1 (Apr. 17, 2010), https://www.nyc.gov/html/ unccp/gprb/downloads/pdf/NYC_Safety%20and%20Security_RTCC.pdf [https://perma. cc/AK87-QRQK]. The RTCC also incorporated access to an unknown number of public and private surveillance cameras.176Katja Ridderbusch, At NYPD’s Real Time Crime Center, the Future of Policing Has Arrived , Police 1 (Sep. 6, 2024, at 06:26 ET), https://www.police1.com/techpulse/at-nypds-real-time-crime-center-the-future-of-policing-has-arrived [https://perma. cc/9HS2-DDBL]. A 2021 Amnesty International report, based on volunteer assessments of 45,000 NYC intersections, identified over 25,500 cameras in public, with an estimated 2,266 readily identifiable as New York Police Department or Department of Transportation equipment.177 USA: Decode Surveillance NYC: Methodology , Amnesty Int’l (Feb. 15, 2022) [hereinafter Amnesty Int’l ], https://www.amnesty.org/en/documents/amr51/5205/ 2022/en/ [https://perma.cc/28CQ-LU9W]. Initially, this RTCC focused on shootings and homicides, but it quickly expanded to cover all crimes.178 N.Y.C. Glob. Partners , supra note 175, at 2.

New York City’s surveillance system became a model for other cities, such as Memphis, Tennessee.179 Id. The Memphis RTCC is equipped with forty-two large-screen monitors, gunshot recognition technology, access to multiple databases, license plate readers, and, starting in 2010, Skycop cameras.180Bianca Phillips, Memphis Police Department Unveils Real Time Crime Center , Mem. Flyer (Apr. 16, 2008, at 04:00 ET), https://www.memphisflyer.com/memphis-policedepartment-unveils-real-time-crime-center [https://perma.cc/VPA5-2R6J]; Joe Patty , GPD and MPD RTCC (YouTube, Dec. 5, 2018), https://www.youtube.com/ watch?v=71LYbxb8188 (on file with the Michigan Journal of Race & Law). Skycop is one of the most sophisticated law enforcement surveillance networks in the country. Each of its cameras can pan and zoom, as manually directed by an analyst at the city’s RTCC.181Nora Neus, A Controversial ‘SkyCop’ Caught Memphis Police Beating Tyre Nichols , Vice (Feb. 27, 2023, at 07:00 ET), https://www.vice.com/en/article/ake5np/what-is-skycoptyre-nichols [https://perma.cc/AD2N-782T]. The footage can then be searched and recorded for later review.182 Id. From 2010 through 2023, Memphis deployed over 2,000 Skycop cameras around the city, “all of which send back live feeds to the Police Department’s real-time crime center.”183Rick Rojas & Jesus Jiménez, As Officers Beat Tyre Nichols, a Crime-Fighting Camera Watched over Them , N.Y. Times (Feb. 1, 2023), https://www.nytimes.com/2023/02/01/ us/skycop-camera-tyre-nichols-memphis.html [https://perma.cc/NFB3-4L23]. In the first eleven years, Memphis spent over $10 million on Skycop surveillance technology.184Stroud, supra note 98 . As recently as 2024, the Memphis Police Department (MPD) received almost $2 million in federal funding, half of which was earmarked for surveillance cameras as a “vital tool to help make up for [the] MPD’s lack of manpower.”185Stephen Pimpo, Memphis Police Is Getting $1.9 Million for Upgraded Surveillance and Body Cameras , ABC 24 (Mar. 26, 2024, at 20:15 CT), https://www.localmemphis.com/ article/news/local/memphis-police-19-million-upgraded-surveillance-body-cameras/522- da9f73f1-f4b6-4579-a266-56f3b1c4e7d3 [https://perma.cc/K7YM-X4UU].

Around the country, federal funding for RTCCs continues to flow to local jurisdictions.186By 2019, 87% of jurisdictions with populations greater than 250,000 were using some form of CCTV camera surveillance. Piza, Welsh, Farrington & Thomas, supra note 112, at 136. The American Recovery and Reinvestment Act of 2009 (Recovery Act) earmarked over $4 billion for state and local police.187 Local Police Departments Rushing to Apply for Stimulus Bill Grants , Subject to Debate (Police Exec. Rsch. F.), Mar. 2009, at 2, https://www.policeforum.org/assets/docs/ Subject_to_Debate/Debate2009/debate_2009_mar.pdf [https://perma.cc/5YTA-EFRS]. At least sixteen jurisdictions have also used funds from the American Rescue Plan Act of 2021 (ARPA) to increase video surveillance, and four have used the federal money to expand or launch RTCCs.188Chris Baumohl, Two Years in, COVID-19 Relief Money Fueling Rise of Police Surveillance , Elec. Priv. Info. Ctr. (Mar. 9, 2023), https://epic.org/two-years-in-covid- 19-relief-money-fueling-rise-of-police-surveillance/ (on file with the Michigan Journal of R ace & Law).

ARPA grants have allowed mid-size and smaller jurisdictions to invest in surveillance technologies.189Jahd Khalil, Real Time Crime Centers, Which Started in Bigger Cities, Spread Across the U.S. , NPR (Aug. 16, 2023, at 05:10 ET), https://www.npr.org/2023/08/16/ 1194115202/real-time-crime-centers-which-started-in-bigger-cities-spread-across-the-u-s [https://perma.cc/8L5T-MJLX]. In Washington, $5 million in federal pandemic relief dollars was used to help fund Spokane County’s multi-city RTCC.190Brandon Block, Federal Aid is Supercharging Local WA Police Surveillance Tech , Cascade PBS (July 26, 2023), https://crosscut.com/investigations/2023/07/federal-aidsupercharging-local-wa-police-surveillance-tech [https://perma.cc/FX6E-LX8A]. The system includes forty-six automatic license plate readers at high-traffic intersections, which cross-check with FBI national databases,191 Id . (Spokane police use Flock Safety software, which offers a drop-down menu of potential matches, including “missing persons, Amber Alerts, and stolen vehicles – but also identity-theft victims and suspects, people on supervised release, and ‘immigration violators,’ a broad category that can include undocumented people with ‘administrative warrants for removal’ who have not been accused of crimes.”). and AI-powered video analytics software, which makes days of footage easily searchable.192 Id. Similarly, other mid-size cities, like Mesa, Arizona and Richmond, Virginia, also received federal ARPA dollars for police surveillance purposes.193Jessica Boehm, COVID Relief Funds Paid for a Mesa Surveillance Center and Other AZ Police Programs , Axios Phx. (Sep. 22, 2022), https://www.axios.com/local/phoenix/2022/ 09/22/covid-relief-funds-mesa-crime-surveillance-center-arizona-police-programs [https:// perma.cc/L7VW-8MSY]; Jahd Khalil, Richmond Is Planning Major Upgrades to Its Surveillance Network, VPM (Aug. 20, 2023, at 09:40 ET) https://www.vpm.org/news/2023-08- 20/richmond-city-real-time-crime-center [https://perma.cc/338Y-M3HB] (Richmond used state grant money obtained through ARPA to pay for increased police surveillance cameras).

While vast amounts of federal funding for local law enforcement technology have spanned the War on Crime, the War on Terror, economic relief during the Great Recession (the Recovery Act), and COVID-19 stimulus aid (ARPA), measurable data on the effectiveness of this technology has largely absent and, when it does exist, lukewarm.194 See supra Part I.C. As noted by Professors Barry Friedman and Elizabeth G. Jansky, “Digital technologies are being used widely to monitor the populace, but once again, it is unclear whether these technologies are beneficial or problematic, particularly when one considers the social costs, which too often are ignored.”195Barry Friedman & Elizabeth G. Janszky, Policing’s Information Problem 15 (Sep. 1, 2019) (unpublished manuscript), https://ssrn.com/abstract=3452242 [https://dx.doi.org/ 1 0.2139/ssrn.3452242]. This disinterest in measurable outcomes evinces a “technology for technology’s sake” mindset, which is characteristic of techno-solutionism. Not only has federal funding supported the spread of surveillance among local law enforcement by financing the purchase of new technology, it has also encouraged a techno-solutionist shift to ever more technologically intensive policing priorities, such as data gathering and crime prediction.

B. Corporate Partnership and Profit

The availability of vast amounts of federal funding has not escaped corporate interest. As stimulus and relief legislation like the Recovery Act and ARPA earmarked billions of dollars for local law enforcement, private technology companies jockeyed for government contracts.

A look at industry websites shows how explicitly surveillance companies have connected the dots between federal funding sources and corporate profits. Samsung, whose subsidiary, Hanwha Techwin, has cornered 16.7% of the North American security camera market share, states on its website, “Not surprisingly, RTCCs can be costly to implement. Fortunately, there is significant federal funding available that can be accessed to help cities and counties establish or significantly expand an RTCC.”196Dale Stockton , Using IIJA and Government Funding to Upgrade Real Time Crime Centers , Samsung Insights (Aug. 1, 2023), https://insights.samsung.com/2023/08/01/ using-iija-and-government-funding-to-upgrade-real-time-crime-centers/ [https://perma.cc/ P22Y-6EQU]. Similarly, Motorola operates a free grant assistance program, with grant consultants who “will do everything [they] can to assist you in submitting a successful grant application.”197 Motorola Solutions – Grant Assistance Program , Gov 1, https://www.govgrantshelp. com/motorola-grant-assistance/ [https://perma.cc/7WC6-HZN8] (last visited Nov. 11, 2025).

Fusus, a Georgia public safety software company, has the largest market share of RTCCs, powering over 250 law enforcement jurisdictions.198Beryl Lipton, Neighborhood Watch Out: Cops Are Using Fusus to Incorporate Private Cameras into Their Real-Time Surveillance Networks , Elec. Frontier Found. (May 11, 2023), https://www.eff.org/deeplinks/2023/05/neighborhood-watch-out-copsare-incorporating-private-cameras-their-real-time (on file with the Michigan Journal of Race & Law). Their goal, according to CEO Chris Lindenau, is to build “New York-style surveillance systems for thousands of smaller police departments . . . .”199Avi Asher-Schapiro, Privacy or Safety? U.S. Brings ‘Surveillance City to the Suburbs’ , Context (May 11, 2023), https://www.context.news/digital-rights/privacy-or-safetyus-brings-surveillance-city-to-the-suburbs [https://perma.cc/D542-GSH6]. One such smaller jurisdiction is Beaumont, Texas, with a population of approximately 115,000. The city entered a contract with Fusus in 2023 to set up an RTCC, at the cost of $275,000 annually.200Matt Faye, Beaumont ISD Could Partner with City Police for Real-Time Camera Surveillance , Beaumont Enter. (May 27, 2024), https://www.beaumontenterprise.com/ In May 2024, city police invited the Beaumont Independent School District to join the “growing list of partners that have Fusus cameras set up on site.”201 Id. If the partnership is approved, 1,500 cameras will be installed on school district property, costing $96,525 annually.202 Id. Overall, Fusus is estimated to have contracts with local law enforcement that range from $4 to $7 million annually,203Samantha Barrett, Police Struggle to Justify Use of Fusus, a Community Surveillance Tool They Foisted on Citizens , Daily Dot , (Jan. 18, 2024, at 12:51 CT), https://www.dailydot. com/debug/age-surveillance-fusus-police-cameras/ [https://perma.cc/DR84-CBPJ]. with individual contracts ranging from $50,000 to $150,000 a year.204 Id. In addition to Fusus, Mortorola Solutions205 City of Chula Vista , Resolution of the City Council of the City of Chula Vista Waiving the Competitive Formal Bid Requirement and Accepting Proposal from Motorola Solutions for CommandCentral Aware and Aerial Suite Software Solution (2020), https://www.chulavistaca.gov/home/ showpublisheddocument/24141/63784422433150000 [https://perma.cc/3WP4-WPM9]; Katja Ridderbusch, How Glendale PD Is Using Real-Time Intelligence to Solve Crimes and Keep the Public Safe , Police 1 (Oct. 3, 2023, at 16:15 ET), https://www.police1.com/policeproducts/communications/articles/how-glendale-pd-is-using-real-time-intelligence-tosolve-crimes-and-keep-the-public-safe-dPCUeRHY8NdWX1oJ/ [https://perma.cc/AJ55- 8SSK]; Stephanie Brown, “Real Time Crime Center” Pilot Is Just First Phase of Expanded, Multi- Year Plan , 104.5 WOKV (Aug. 16, 2018, at 21:50 ET), https://www.wokv.com/news/local/ real-time-crime-center-pilot-just-first-phase-expanded-multi-year-plan/9aWC92a0gHWN NDRwUu7E4H/ [https://perma.cc/QCM4-KZSP]; Yonkers Police Department Unveils New High-Tech Crime Control Center , CBS News (May 16, 2023, at 19:22 ET), https:// www.cbsnews.com/newyork/news/yonkers-police-motorola-aware-crime-control-center/ [https://perma.cc/ZKM8-NTU9]. and Genetec206David Griffith, Genetec’s RTCC Solutions Put All the Data on One Screen , Police L. Enf’t Sols. (Apr. 13, 2023), https://www.policemag.com/technology/article/15383051/ genetecs-rtcc-solutions-put-all-the-data-on-one-screen [https://perma.cc/KC3X-PRPT]; Amplifying Public Safety Efficiency with One Shared View , Genetec , https://www. genetec.com/customer-stories/mesa-police-department [https://perma.cc/5LMJ-6PEV] (last visited Nov. 13, 2025); New Orleans Deploys ALPR Tech to Help Secure the French Quarter , Sec. Mag. (Oct. 23, 2023), https://www.securitymagazine. com/articles/100046-new-orleans-deploys-alpr-tech-to-help-secure-the-french-quarter [https://perma.cc/92RD-YL95]. are also major vendors of law enforcement RTCC capabilities.

Private companies providing policing tools is nothing new. What is new is the way that this “consumer-vendor relationship . . . poses greater concerns when the product itself is central to the development of the governmental suspicion that underlies so many enforcement decisions.”207Elizabeth E. Joh, The Undue Influence of Surveillance Technology Companies on Policing , 92 N.Y.U. L. Rev. Online 19, 20 (2017). Surveillance companies have become more than vendors; they have become law enforcement’s “strategic partners, essential for advancing an organization’s technological capabilities,” according to Los Angeles Police Information Technology Bureau Deputy Chief John McMahon.208Calams, supra note 54. “The relationships between surveillance technology vendors and police departments show the increasing degree to which private companies can guide, shape, and limit what the public police do.”209Joh, supra note 207, at 20.

One example of how private companies have inserted themselves into calculating suspicion is the development and deployment of facial recognition technology (FRT). Approximately 25% of police departments in the United States use FRT, with law enforcement facial recognition networks covering 117 million Americans.210Claire Garvie, Alvaro Bedoya & Jonathan Frankle, The Perpetual Line-Up: Unregulated Police Face Recognition in America , Geo. L.: Ctr. on Priv. & Tech. (Oct. 18, 2016), https://www.perpetuallineup.org/ [https://perma.cc/PY9J-ZXCK]. Additionally, seven federal law enforcement agencies within the Departments of Homeland Security and Justice use FRT, including the FBI and Customs and Border Protection.211 U.S. Gov’t Accountability Off. , GAO-24-107372, Facial Recognition Technology: Federal Law Enforcement Agency Efforts Related to Civil Rights and Training 2 (2024).

FRT “automates face detection and identification by comparing captured images against digital photos from various sources, including surveillance footage, mug shots, and the internet.”212Thaddeus L. Johnson, Natasha N. Johnson, Denise McCurdy & Michael S. Olajide, Facial Recognition Systems in Policing and Racial Disparities in Arrests , 39 Gov’t Info. Q. 1, 1 (2022). The ability of FRT to accurately compare two images to determine whether they represent the same person is based upon software algorithms, most of which are proprietary and protected from public disclosure.213 Here’s What We Told the US Commission on Civil Rights About Federal Law Enforcement’s Unregulated Use of Facial Recognition Technology – and What Must Be Done , N.Y.U.: Policing Project (Mar. 28, 2024), https://www.policingproject.org/newsmain/usccr-testimony [https://perma.cc/5F56-T48B].

FRT algorithms have faced criticism for racial and gender bias.214 Meredith Broussard , More than A Glitch: Confronting Race , Gender , and Ability Bias in Tech 32-33 (2024). These algorithms must be trained on high volumes of data, and “algorithms trained with biased data have resulted in algorithmic discrimination.”215Joy Buolamwini & Timnit Gebru, Gender Shades: Intersectional Accuracy Disparities in Commercial Gender Classification , 81 Procs. Mach. Learning Rsch. 1, 1 (2018). In 2019, the U.S. Commerce Department studied 189 algorithms from ninety-nine developers, finding that the datasets used to teach FRT are overwhelmingly composed of lighter-skinned subjects.216 Patrick Grother , Mei Ngan & Kayee Hanaoka , Face Recognition Vendor Test (FRVT) : Part 3 : Demographic Effects 1 (2019), https://nvlpubs.nist.gov/nistpubs/ ir/2019/NIST.IR.8280.pdf [https://doi.org/10.6028/NIST.IR.8280]. The report found large false positives rates in West and East African and East Asian people, meaning that individuals from these backgrounds were more likely to be misidentified as a “match” by local law enforcement.217 Id. at 2. FRT misidentified women, people of color, and young people at high rates, with “darkerskinned females” suffering error rates of 34.7%.218Buolamwini & Gebru, supra note 215, at 1 (for comparison, the “maximum error rate for lighter-skinned males is 0.8%.”).

News reports continue to document harmful examples of false identifications and other significant issues that result from the technology’s limitations.219Khari Johnson, How Wrongful Arrests Based on AI Derailed 3 Men’s Lives , Wired (Mar. 7, 2022, at 07:00 ET), https://www.wired.com/story/wrongful-arrests-ai-derailed- 3-mens-lives/ [https://perma.cc/LS7C-7CBY]. Amazon’s Rekognition system was specifically criticized in a well-publicized M.I.T. report that found that it fared far worse than IBM and Microsoft’s FRT softwares.220Natasha Singer, Amazon Is Pushing Facial Technology That a Study Says Could Be Biased , N.Y. Times (Jan. 24, 2019), https://www.nytimes.com/2019/01/24/technology/ amazon-facial-technology-study.html [https://perma.cc/9MBQ-QWFD]. Despite these concerns, private companies, like Amazon, IBM, and Microsoft, began pitching FRT to law enforcement in late 2016.221 Id. ; Nick Wingfield, Amazon Pushes Facial Recognition to Police. Critics See Surveillance Risk. , N.Y. Times (May 22, 2018), https://www.nytimes.com/2018/05/22/technology/ amazon-facial-recognition.html [https://perma.cc/GU6P-KSZV]. Their potential windfalls were huge – the global market for FRT grew from approximately $3 billion in 2016 to an estimated $8 billion in 2022.222Kori Hale, Amazon, Microsoft & IBM Slightly Social Distancing from the $8 Billion Facial Recognition Market , Forbes (June 15, 2020, at 09:36 ET), https://www.forbes. com/sites/korihale/2020/06/15/amazon-microsoft—ibm-slightly-social-distancing-fromthe-8-billion-facial-recognition-market/ [https://perma.cc/2LEJ-BS53].

In response to criticisms of Rekognition, Amazon initially defended its technology, before instituting a 2020 moratorium on law enforcement use of its software.223Rebecca Heilweil & Madison Alder, Justice Department Discloses FBI Project with Amazon Rekognition Tool , Fedscoop (Jan. 25, 2024), https://fedscoop.com/doj-fbiamazon-rekognition-technology-ai-use-case/ [https://perma.cc/FY7D-2FC4]. However, in 2024, the Justice Department confirmed that the FBI was in the “‘initiation’ phase of using Amazon Rekognition” once again.224 Id . Similarly, in the wake of the George Floyd protests in 2020, IBM announced that it would no longer sell FRT,225Jay Peters, IBM Will No Longer Offer, Develop, or Research Facial Recognition Technology , Verge (June 8, 2020, at 20:49 ET), https://www.theverge.com/2020/6/8/21284683/ only to sign a $69.8 million contract in 2024 to provide FRT to British immigration and law enforcement agencies.226Mark Wilding, IBM Promised to Back Off Facial Recognition – Then It Signed a $69.8 Million Contract to Provide It , Verge (Aug. 31, 2023, at 09:04 ET), https://www. theverge.com/2023/8/31/23852955/ibm-uk-government-contract-biometric-facialrecognition [https://perma.cc/9J8N-EDTE].

In the end, American companies seem willing to countenance the use of their products by law enforcement, even with the risks of racial and gender bias. This is unsurprising, as voluntary market constraint over the long-term would be incompatible with profit-oriented decision making. It is, however, consistent with Professor Shoshana Zuboff’s theory of surveillance capitalism, where “technology was, is, and always will be an expression of the economic objectives that direct it into action.”227 Shoshana Zuboff , The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power 16 (2019). Here, the economic objectives motivating private surveillance companies are tied to their ability to increase sales to their customers: police departments. In a techno-solutionist mindset that values quick solutions over complex structural responses, neither law enforcement nor private companies have incentives to address the larger socio-economic systems or histories of racial and economic subordination that undergird the criminal legal system.

C. Participatory Surveillance

Direct partnerships with local police departments, although lucrative, are limited by the number of law enforcement agencies that are large enough to create and maintain RTCCs. One of the most potentially profitable markets for surveillance, however, is not law enforcement at all, but private constituents. Merging private and public cameras creates new profit sources, as well as a more thorough surveillance network. The result has been the expansion of “participatory surveillance” in policing, as private and public sources of information coalesce.228Albrechtslund, supra note 5; Mark Poster , The Mode of Information : Poststructuralism and Social Context 69 (1990).

While the encouragement of constituent participation in law enforcement surveillance is not new – the “If You See Something, Say Something” campaign was launched (and trademarked) immediately after the September 11, 2001 attacks229Hanson O’Haver, How ‘If You See Something, Say Something’ Became Our National Motto , Wash. Post (Sep. 23, 2016), https://www.washingtonpost.com/posteverything/ wp/2016/09/23/how-if-you-see-something-say-something-became-our-national-motto/ [ https://perma.cc/2EBW-YKRS]. – the ease of participation, the extent of cooperation, and the level of integration today is remarkable. This technologically facilitated deputization of private citizens for government surveillance creates several ruptures with traditional modes of surveillance. “A conventional understanding of surveillance is that it is a hierarchical system of power. This common understanding is represented in familiar metaphors such as ‘Big Brother’ and ‘Panopticon,’ both of which illustrate a vertical, hierarchical power relation between the gaze of the watcher that controls the watched.”230Albrechtslund, supra note 5. The escalation of private surveillance complicates this linear hierarchy between watcher and watched. Surveillance is no longer strictly vertical – it can be a lateral practice as well.231Mark Andrejevic, The Work of Watching One Another: Lateral Surveillance, Risk, and Governance , 2 Surveillance & Soc’y 479, 481 (2005).

1. Private Individual Cameras

Increasingly, RTCCs and other law enforcement surveillance systems “functionally blur the lines between private and public surveillance sources.”232Jamiles Lartey, More Police Are Using Your Cameras for Video Evidence , Marshall Project (Jan. 13, 2024, at 12:00 ET), https://www.themarshallproject.org/2024/01/13/ police-video-surveillance-california [https://perma.cc/ASA9-HHCV] The Detroit Police Department (DPD) pioneered “the first public-private-community partnership of its kind,” with Project Green Light, launched in January 2016.233 Project Green Light Detroit , City Det. , https://detroitmi.gov/departments/policedepartment/project-green-light-detroit [https://perma.cc/E5KD-H4Q6] (last visited Nov. 13, 2025). Using crime analysis techniques, the DPD determined that, “street segments characterized by gas stations, bars and liquor stores, and convenience stores, particularly in areas with illicit drug selling, were at disproportionate risk for violent crime, particularly shootings and robberies.”234 MSU Report , supra note 108, at 6-7. Based upon this data, the city created a formal partnership to connect private business cameras to law enforcement’s surveillance network.235 Id . at 1 (“[Project Green Light] involves a partnership between the Detroit Police Department (DPD), the city of Detroit, and business owners . . . involv[ing] the installation of high-quality video systems in and around retail, service, and multi-unit residential locations; monitoring of the cameras in a Real-Time Crime Center; priority call response; and supportive collaboration between DPD and PGLD participants.”).

Initially, eight gas stations were equipped with real-time security cameras that fed directly to the city’s new RTCC.236 Noah Urban , Jacob Yesh-Brochstein , Erica Raleigh & Tawana Petty , Detroit Cmty. Tech. Project , A Critical Summary of Detroit’s Project Green Light and its Greater Context 3 (2019), https://detroitcommunitytech.org/system/ By 2024, over 900 cameras had been placed in local business and community locations.237 Program Profile: Project Green Light Detroit , Nat’l Inst. Just.: Crime Sols. (Aug. 8, 2025) [hereinafter Nat’l Inst. Just. ], https://crimesolutions.ojp.gov/project-green-lightdetroit [https://perma.cc/TJB3-8GKU]; Laura Herberg, BOPC Watch: The Board Has Questions About Green Light, but Does DPD Have Answers? , Outlier Media (Jan. 26, 2024), https://outliermedia.org/bopc-detroit-police-project-green-light-effectiveness/ [https:// perma.cc/L9S5-36E9]. A detailed map on the City of Detroit’s website indicates the location of each private camera, each of which transmits directly to the city’s RTCC,238 Project Green Light Map , City Det. , https://detroitmi.gov/webapp/project-greenlight-map [https://perma.cc/DZ3W-CL6Z] (last visited Nov. 13, 2025). where they are integrated with over 4,300 total cameras located throughout the city.239 Detroit Police Real-Time Crime Center , Bluewater , https://bluewatertech.com/ portfolio/detroit-police-rtcc/ [https://perma.cc/NWD4-655F] (last visited Nov. 13, 2025).

Participating businesses purchase “high-definition surveillance cameras, lighting, and signage that identifies their location as a participant in the initiative,” along with an “external steady-burn green light visible from passing vehicles.”240 Nat’l Inst. Just. , supra note 237. Installation and other set up costs add up to approximately $5,000, paid for by the private customer.241David Leins, Tracked and Traced: Does Project Green Light in Detroit Reduce Crime? , Pulitzer Ctr. (Feb. 8, 2022), https://pulitzercenter.org/stories/tracked-and-traced-doesproject-green-light-detroit-reduce-crime (on file with the Michigan Journal of Race & Law). The DPD’s website lists options for leasing or purchasing cameras from a list of eight private vendors, including Comcast, Cronus, and Guardian Alarm.242 Estimated Costs to Get Involved , City Det. , https://detroitmi.gov/departments/ police-department/project-green-light-detroit/estimated-costs-get-involved [https://perma. cc/3SG8-LAW5] (last visited Nov. 13, 2025). The least expensive option, via a lease with Cronus, costs $449.95 for installation and $179.95 per month.243 Id .

Similar private surveillance integration can be found across the country. The Electronic Frontier Foundation counts 529 police departments that have launched private security camera registries, and this number only keeps growing.244Elec. Frontier Found., supra note 3. In early 2024, for example, the Memphis Police Department launched a camera registry called Connect 2 Memphis.245Zaria Oates, MPD Encourages Residents to Link Home and Business Cameras to Connect 2 Memphis , ABC 24 (Jan. 25, 2024, at 22:47 CT), https://www.localmemphis. com/article/news/community/memphis-police-encourage-residents-link-home-businesscameras-connect-2-memphis/522-6ad0af6a-08ba-4e18-a2d0-549f4c6ecde0 [https://perma. c c/B4VR-J2XM]. The program gives constituents and businesses two options: 1) to either register their private surveillance cameras with the police department, allowing the MPD to contact the individual if they believe a registered camera might be useful to an investigation, or 2) to fully integrate their camera with law enforcement systems.246 Id . Full integration “take[s] community security one step further” by allowing the MPD to access the private camera directly, without case-by-case authorization, integrating the private video feed directly into the MPD’s monitoring system.247 Help Keep Memphis Safe , Connect Mem. , https://connect2memphis.org/ [https://perma.cc/Y37W-32QG] (last visited Nov. 13, 2025).

One of the biggest private-police surveillance networks is maintained by the Atlanta Police Department. Atlanta is the most surveilled city in the United States, with almost fifty cameras per 1,000 people, and “the seventh most surveilled city in the world.”248Thomas Wheatley, Atlanta’s Surveillance Network Keeps Growing, and Growing, and… , Atlanta Mag. (Nov. 11, 2021), https://www.atlantamagazine.com/news-culturearticles/atlantas-surveillance-network-keeps-growing-and-growing-and/ [https://perma.cc/ DMG9-S9SC]; Jason Plautz, 6 US Cities Top List of World’s Most Surveilled , Smart Cities Dive (Sep. 23, 2019), https://www.smartcitiesdive.com/news/6-us-cities-top-list-of-worldsmost-surveilled/563438/ [https://perma.cc/24YZ-NHQB] (Atlanta is the only American city in the top ten surveilled cities in the world.). As of 2021, there were 24,000 surveillance cameras in Atlanta, a city with a population of approximately 500,000.249 Id. In early 2022, Atlanta launched Connect Atlanta which, like Detroit and Memphis, integrates private surveillance into law enforcement systems.250Scott Cantrell, Connect Atlanta: Enabling the People of Atlanta to Help Keep Our City Safe , Livable Buckhead (Feb. 22, 2022), https://livablebuckhead.com/connect-atlanta-enablingthe-people-of-atlanta-to-help-keep-their-city-safe/ [https://perma.cc/73UZ-5C4L]. As of February 2025, Connect Atlanta included over 22,460 registered private cameras and 20,313 private cameras fully integrated into Atlanta’s RTCC, giving police access to over 42,000 private cameras.251 Help Keep Atlanta Safe , Connect Atlanta , https://connectatlanta.org/ [https://perma.cc/8WZQ-9CJM] (last visited Nov. 13, 2025).

2. Business and Neighborhood Associations

Registries of individual constituent cameras are not the only emerging model of participatory surveillance. Business interests and neighborhood associations have also coordinated their surveillance efforts, both with each other and with law enforcement. San Francisco, for example, has approximately sixteen Community Benefit Districts (CBDs), which are neighborhood organizations formed to provide services to the area.252 Community Benefit Districts (CBD) , City & Cnty. S.F. , https://www.sf.gov/ community-benefit-districts [https://perma.cc/R69L-S8SD] (last visited Jan. 4, 2026). One of the services is camera surveillance. Starting in 2012, billionaire “tech-mogul” Chris Larsen began funding the installation of video surveillance cameras and the CBDs that monitor them.253Nellie Bowles, Why Is a Tech Executive Installing Security Cameras Around San Francisco? , N.Y. Times (July 13, 2020), https://www.nytimes.com/2020/07/10/ business/camera-surveillance-san-francisco.html [https://perma.cc/Q9HW-MPBB]. By 2020, Mr. Larsen had invested $4 million to create a network of over 1,000 cameras, covering 135 city blocks.254 Id . One of the most well funded CBDs is the Union Square Business Improvement District, which operates approximately 400 high-definition cameras in the city’s downtown retail district.255Brief of Amici Curiae Asian Ams. Advancing Just. – Asian L. Caucus & Black Movement-L. Project, et al. in Support of Plaintiffs-Appellants, Williams v. City and County of San Francisco, No. A165040, 2023 WL 3815182 (Cal. Ct. App. June 5, 2023). The cameras are sophisticated and are capable of license plate reading and facial recognition (although these capabilities are not known to have been utilized yet).256Bowles, supra note 253.

From Mr. Larsen’s perspective, “The community groups can get this done faster than if you were to make this a citywide government-sponsored project which would cost a ton of money . . . .”257 Tech Billionaire Funding Network of 1,000 Security Cameras Around SF Addresses Privacy Concerns , ABC 7 (July 16, 2020), https://abc7news.com/post/1000-cameras-monitoringcrime-in-sf-raise-privacy-concerns/6320899/ [https://perma.cc/H9HS-GY28]. This view is echoed by the members of the CBDs: “If you went to the board of supervisors and asked the members to approve this, you’d end up having a conversation about government and surveillance.”258Bowles, supra note 253 (referencing Simon Bertrang, a Tenderloin CBD leader, supporting the use of private, rather than public, surveillance cameras in the Tenderloin). These comments, however, point to a concern with privately funded and operated surveillance systems – they operate beyond the reach of public oversight and laws aimed at government surveillance.

In San Francisco, the use of technological surveillance by law enforcement in the late 20th and early 21st century has been subject to hard-fought, democratically pursued safeguards.259Dubal, supra note 154, at 54. For example, the San Francisco Police Commission instituted Department General Order 8.10 in 1990, one of the first local rules to place limits on police surveillance.260 City & Cnty. of S.F. Hum. Rts. Comm’n , Community Concerns of Surveillance , Racial and Religious Profiling of Arab , Middle Eastern , Muslim , and South Asian Communities and Potential Reactivation of SFPD Intelligence Gathering 15 (2011), https://www.aclunc.org/sites/default/files/asset_ u pload_file727_10599.pdf [https://perma.cc/8XU5-J2YG]. The order requires “articulable and reasonable suspicion” of criminal activity for SFPD investigation of civilian activities that implicate the First Amendment, such as demonstrations, rallies, and marches.261 S.F. Police Dep’t , General Order 8.10, at 1 (2008). In 2019, San Francisco became the first city in the nation to ban police use of FRT, with its Stop Secret Surveillance Ordinance.262Kate Conger, Richard Fausset & Serge F. Kovaleski, San Francisco Bans Facial Recognition Technology , N.Y. Times (May 14, 2019), https://www.nytimes.com/2019/05/ 14/us/facial-recognition-ban-san-francisco.html [https://perma.cc/Y329-C3A6]. In 2022, the SFPD Board of Supervisors imposed a policy that limited continuous live-feed monitoring by police to twenty-four hours after access is provided.263 S.F. Police Dep’t , Surveillance Impact Report: Non-City Entity Surveillance Cameras 2 (2022), https://www.sanfranciscopolice.org/sites/default/files/ 2022-10/SFPDNonCityEntitySurveillanceCameraPolicies20221005.pdf [https://perma.cc/ WE2G-AUAV].

Privately funded surveillance, like the kind operated by the CBDs, can operate outside the reach of these types of local government safeguards. While the 2019 Stop Secret Surveillance Ordinance prohibits the use of FRT by law enforcement, it does not ban its use by private operators.264Kartikay Mehrotra, San Francisco Bans City Use of Facial Recognition Technology Tools , L.A. Times (May 14, 2019, at 15:59 PT), https://www.latimes.com/business/la-fi-sanfrancisco-facial-recognition-ban-20190514-story.html [https://perma.cc/2XFA-8L6M]. Under the 2022 policy, private cameras can still live-feed indefinitely.265Shirin Ghaffary, San Francisco’s Facial Recognition Technology Ban, Explained , Vox (May 14, 2019, at 19:06 ET), https://www.vox.com/recode/2019/5/14/18623897/ san-francisco-facial-recognition-ban-explained [https://perma.cc/X75L-CPFK]. According to Dave Maass, a senior investigative researcher at the Electronic Frontier Foundation, “San Francisco has passed a very sophisticated surveillance ordinance that bans facial recognition by the Police Department, but yet you have these independent agencies within the city limits making their own decisions.”266Bowles, supra note 253.

This has created loopholes for local law enforcement, who have accessed private surveillance systems, despite the prohibitions in place. For example, in the wake of George Floyd’s death, “[f]rom May 31 through June 7, 2020 . . . the San Francisco Police Department (“SFPD”) acquired, borrowed, and used a private network of more than 400 surveillance cameras to spy on protestors in real time.”267Complaint for Declaratory and Injunctive Relief at 2, Williams v. City and County of San Francisco, No. CGC-20-587008 (Cal. Super. Ct. Mar. 10, 2022). Essentially, privately controlled cameras became a work-around to democratically implemented restrictions on police surveillance. Moreover, as will be discussed in Part III.A, merging private and public cameras creates a surveillance network distorted by the demographics of who has the affluence and actionable desire for surveillance technology. The results have been patterns of racially biased surveillance.

The history of law enforcement CCTV, as described above, offers a view into the factors which played decisive roles in the techno-solutionist orientation of police surveillance. Federal funding, with roots in the racialized politics of 1960s War on Crime strategies, provided billions of dollars in grants to local enforcement for increasingly militarized policing infrastructure, including surveillance.268 See supra Part II.A.1. Post-9/11, federal funding re-oriented local law enforcement towards strategies of data integration and crime prediction, helping generate RTCCs around the country.269 See supra Part II.A.2. Corporate interests followed, which led to the profit-motivated spread of police surveillance to midsize and smaller jurisdictions, despite concerns about the racially biased repercussions of algorithms and technologies.270 See supra Part II.B. Finally, participatory surveillance has deputized private individuals and businesses to expand the reach of law enforcement and create a more thorough surveillance network.

From this history of law enforcement CCTV, there emerges a techno-solutionist approach to problem-solving that has fundamentally reoriented 21st century policing. The emphasis has been on prioritizing (and profiting) from one “big idea” – surveillance technology – as a magic bullet, without equally focusing on local contexts, structures of power, or systemic inequities. The juggernaut of policing surveillance moves forward, despite its exacerbation of racialized harms and the absence of clear public safety results. The simple, linear narrative framing technology as a tool to be applied to existing, predetermined problems that are easily quantified and ahistorical does not match the reality of how technology has changed policing goals over the last fifty years. Technology has become an end in and of itself.

III. Racialized Surveillance and the Suspect Data Double

Real-time video surveillance is one of many technological tools used by 21st century police departments. Like other such tools – body cameras, license plate readers, GPS monitoring, and cell phone tracking, for example – it works within the existing racial inequities of the criminal legal system.271Laura M. Moy, A Taxonomy of Police Technology’s Racial Inequity Problems , 2021 U. Ill. L. Rev. 139, 144 (2021); Sarah Brayne , Predict and Surveil: Data , Discretion , and the Future of Policing 4 (2021); Prithika Balakrishnan, Mass Surveillance as Racialized Control , 71 UCLA L. Rev. 478, 536 (2024). The insertion of technology into policing does not remove this stain.272 See Lee , Musa & Pinard , supra note 9, at 16. “Technology is neither good nor bad; nor is it neutral.”273Kranzberg, supra note 8, at 545. The growth of police surveillance reflects the same unjust racial biases inherent in the criminal justice system overall. Police surveillance is deeply connected to the broader history of policing Black and Brown communities and cannot be separated from these origins. “For the communities who bear the brunt of policing and the other facets of the criminal system, law enforcement technologies only reify and exacerbate injustice.”274Southerland, supra note 9, at 2; Benjamin , supra note 14, at 80 (“As a form of social technology, institutional racism, past and present, is the precondition for the carceral technologies that underpin the US penal system.”).

This critique of techno-solutionism cannot be addressed by simply adjusting algorithms. “[T]he harms that accompany the deployment of new technologies in context are not simply the result of bias, but betray a fundamental mismatch between complex social issues and tech solutionism.”275Greta Byrum & Ruha Benjamin, Disrupting the Gospel of Tech Solutionism to Build Tech Justice , Stan. Soc. Innovation Rev. (June 16, 2022), https://ssir.org/articles/entry/ disrupting_the_gospel_of_tech_solutionism_to_build_tech_justice [https://perma.cc/ 59KU-P75E]. Techno-solutionism reifies the apolitical quick-fix, ignoring consequences that extend beyond the immediate short-term problem. As argued by Simone Browne, tech-driven police surveillance is the latest chapter in the long American history of policing Black communities.276 Simone Browne , Dark Matters: On the Surveillance of Blackness 16 (2015).

Video surveillance has continued to result in racially biased monitoring. The sources of these biases can be divided into several categories. This Part focuses on two such areas: first, on the location and ownership of the cameras themselves; and second, on the implications of pervasive surveillance and Big Data on racialized policing.

A. Racially Patterned Surveillance

One factor that can create large, racialized differentials in terms of who is subject to surveillance is the location of the camera itself. On a macro, multi-jurisdictional level, video surveillance has been adopted more pervasively by larger jurisdictions. While almost nine out of ten jurisdictions with populations greater than 250,000 operate video surveillance systems, that ratio drops to 49% when including all local law enforcement.277Piza, Welsh, Farrington & Thomas, supra note 112, at 1. Larger police departments prioritize strategies such as targeting high-risk areas, implementing saturation patrols, and identifying repeat offenders – activities that require “more advanced information systems and data analytics” – at a higher rate than smaller jurisdictions.278 Strom , supra note 68, at 6-5. A 2020 survey of local police departments found that “larger jurisdictions tend to have the highest concentration of police departments with access to surveillance technologies . . . ,” with the exception of body cameras.279Mariana Oliver & Matthew B. Kugler, Surveying Surveillance: A National Study of Police Department Surveillance Technologies , 54 Ariz. St. L.J. 103, 108 (2022 ); id . at 135 (“The smallest jurisdictions are the whitest and least urban.”). Jurisdiction size is not only correlated with higher levels of surveillance, but also with racial diversity. The result is that “jurisdictions with the greatest proportion of non-Hispanic white residents are . . . less surveilled by every technology” when compared to jurisdictions with the smallest proportion of non-Hispanic white residents.280 Id. at 135.

This disproportionality also intensifies within any given jurisdiction. Despite San Francisco’s policy against monitoring based in any part on race,281 S.F. Police Dep’t , supra note 261, at 2. looking at law enforcement’s network of cameras reveals oversurveillance of Black and Brown neighborhoods. Through a public records request, the Electronic Frontier Foundation obtained the locations of 2,753 public and private cameras linked or registered with law enforcement.282Dave Maass, The San Francisco District Attorney’s 10 Most Surveilled Neighborhoods , Elec. Frontier Found. (Feb. 6, 2019), https://www.eff.org/deeplinks/2019/02/san-franciscodistrict-attorneys-10-most-surveilled-places (on file with the Michigan Journal of Race & Law) (a map of Community Safety Cameras, business improvement district cameras, privately-operated cameras, and red-light cameras in San Francisco). The map shows huge swaths of the city escaping any police video surveillance, including Pacific Heights, the Sunset, Richmond, Haight-Ashbury, Noe Valley, West Portal, and Glen Park – all regions with high proportions of white residents.283 Id . The vast majority of the surveillance is situated in areas with higher proportions of Black and Latino residents – the Bayview, Mission, Western Addition, the Tenderloin, and SoMa.284 Id . The other areas with large clusters of cameras are in commercial or tourist zones – Union Square, Chinatown/ North Beach, Fishman’s Wharf, and the Embarcadero.285 Id .

This dual distribution pattern – high surveillance in areas of commerce and tourism, as well as in communities of color – is echoed in New York City. Amnesty International’s 2021 count of public-facing cameras shows correlations between race and surveillance levels. In the Bronx, Brooklyn, and Queens, higher percentages of nonwhite residents were correlated with higher levels of surveillance.286 Amnesty Int’l , supra note 177. These areas also experience higher numbers of police stop-and-frisk searches, showing that technological surveillance maps racialize policing in a form of “digital stop-and-frisk.” Id. The high levels of surveillance in Manhattan are not correlated with higher percentages of nonwhite residents but with higher commercial, transportation, and tourism activity.287 Id. New York City, as a whole, shares a similar dual-distribution pattern to the one found in San Francisco.288 Id.

The dual positioning of surveillance cameras in Black and Brown communities and business districts, however, is not a consistent practice across the country. A second pattern emerges as well, which intersects with participatory surveillance and property interests in telling ways. In St. Louis, Missouri, for example, an investigation uncovered that “there are significantly more cameras in affluent, majority-white areas than there are in majority-black, impoverished parts of the city.”289Rebecca Rivas, Race, Crime and Surveillance: Why St. Louis’ Real Time Crime Center Protects Businesses Before People , St. Louis Am. (Oct. 24, 2019), https://www.stlamerican. com/news/political_eye/race-crime-and-surveillance-why-st-louis-real-time-crime-centerprotects-businesses-before-people/article_0e6b341a-f606-11e9-aa0e-77baa97db466.html [https://perma.cc/X55V-YDMW]. Although law enforcement has emphasized the violent crime fighting benefits of video surveillance, there are few cameras in North St. Louis, where a majority of the city’s homicides have occurred.290 Id. North St. Louis is 90% Black and, in certain areas, lacks an underground fiber network to facilitate real-time video feeds.291 Id. Wealthy (and white) Central West End, in contrast, has a much larger number of video cameras, disproportionate to both its population and crime rate.292 Id. Downtown St. Louis has the highest concentration of city-owned cameras and a relatively lower homicide rate than North St. Louis.293 Id.

One reason for this disparity is that the vast majority of the cameras, which run the expensive Genetec platform, are privately paid for, either by private businesses or business districts.294 Id. (“The police department built the RTCC around already-existing cameras purchased by business districts,” including the Central West End Neighborhood Security Initiative and the Downtown Partnership). Those that are city-owned are paid for by taxing the specific district where the camera will be installed. St. Louis’ RTCC, fed mainly by the participation of civilians and business organizations that can afford cameras, is effectively “a taxpayer-funded security monitoring service for parts of the city that can afford cameras.”295 Id .

Memphis’s experience with Skycop is similar. The initial placement of Skycop cameras, starting in 2010, was, by and large, out of the police department’s hands. Of over 2000 cameras, roughly 1,300 were “bought by community groups and businesses that install[ed] camera boxes or mobile camera units at perceived trouble spots.”296Stroud, supra note 98 . These constituents, mostly in affluent neighborhoods, then donated the cameras to the police department for continuous, real-time uploading at the RTCC. The Memphis Downtown Neighborhood Association, for example, raised more than $30,000 to install four Skycop cameras in the immediate area.297Harwell & Freedman, supra note 97. Each camera cost between $6,000 to $8,000.298Jessica Gertler, Neighborhood Raising Money for SkyCop Cameras , News Channel 3: WREG Mem. , (Feb. 5, 2016, at 19:53 CT), https://wreg.com/news/neighborhoodraising-money-for-skycop-cameras/ [https://perma.cc/38RG-HLKG].

For years, Memphis has accepted these camera donations and agreed to place them where the donating constituents wanted them: “guarding either the city’s valuable Downtown developments or its wealthiest East Memphis neighborhoods.”299 Editorial: SkyCop Cameras Should Watch High-Crime Areas, Too , Com. Appeal (Aug. 1, 2016), https://archive.commercialappeal.com/opinion/editorials/editorial-skycop-camerasshould-watch-high-crime-areas-too-38cc1e60-1c8c-4c6c-e053-0100007fc032-388731691. html/ [https://perma.cc/6XH5-Z6BK]. Memphis has faced “criticism that the cameras mostly watched tourist-friendly streets and wealthy neighborhoods.” Harwell & Freedman, supra note 97. Regardless of who purchased the cameras, “taxpayer dollars cover[ed] the cameras’ . . . annual cost of about $42,000 a year . . . .”300Ryan Poe, Memphis’ SkyCop Cameras Leave Many Neighborhoods in the Dark , Com. Appeal (July 23, 2016), https://archive.commercialappeal.com/news/government/ memphis-police-cameras-leave-many-neighborhoods-in-the-dark-33ad67cc-da22-5433- e053-0100007fbe9f-387993322.html/ [https://perma.cc/7YDP-8NM7]. An investigation uncovered that the areas with the most crime had disproportionately fewer cameras.301 New Program Could Improve Distribution of SkyCop Cameras , Action News 5 (Aug. 23, 2016, at 21:14 ET), https://www.actionnews5.com/story/32817768/new-program-couldimprove-distribution-of-skycop-cameras/ [https://perma.cc/RJB3-FUKV].

These two patterns – the placement of publicly funded surveillance cameras in Black and Brown neighborhoods versus the placement of self-funded cameras in wealthy neighborhoods and business districts – point to the ways that camera placement can be racially biased in multiple directions. In cities such as San Francisco, law enforcement surveillance was initially publically funded and cameras were placed disproportionately in communties of color. In other cities, such as St. Louis and Memphis, initial camera surveillance was privately financed and placed in relation to property interests.

While this can be seen as alternative patterns of surveillance, it can also be seen as the same surveillance trajectory, just with different initial positions. The real distinction between San Francisco and St. Louis’ versions of video surveillance might simply be the original funding sources, which were also affected by timelines of technological development. San Francisco’s first Community Safety Cameras were installed in 2006,302 King , Mulligan & Raphael , supra note 83, at 8. prior to the widespread availability of participatory surveillance technology.303 Consumer Interest in IoT Devices to Grow in 2015 , Paypers (Dec. 9, 2014), https://thepaypers.com/payments/news/consumer-interest-in-iot-devices-to-grow-in- 2015 [https://perma.cc/74PZ-A7B7]; Nextdoor Launches the First Private Social Network for Neighborhoods , Nextdoor (Oct. 26, 2011), https://about.nextdoor.com/pressreleases/corporate-announcements/nextdoor-launches-the-first-private-social-networkfor-neighborhoods [https://perma.cc/VAC7-VQDZ] (writing that Nextdoor started its pilot program in 2011); Jay Moye, A Brief History of the Ring Video Doorbell and Its Evolution over the Last 10 Years , Amazon (May 2, 2023), https://www.aboutamazon.com/news/ devices/a-brief-history-of-the-ring-video-doorbell-and-its-evolution-over-the-last-10- years [https://perma.cc/GQ7V-NAJ4] (noting that Ring doorbell was founded in 2014). St. Louis launched its RTCC almost a decade later, in 2015, when commercially available surveillance tools such the Ring doorbell camera were available.304Rivas, supra note 289; Moye, supra note 303. Those jurisdictions that depended highly on participatory surveillance and constituent funding of law enforcement surveillance at the outset moved next to expanded surveillance, starting with high-crime areas and communities of color. By contrast, those jurisdictions which began with publicly funded surveillance developed in areas of commerce and high-crime areas first, before incorporating private and participatory surveillance mechanisms. Moreover, the lines between public and private surveillance have blurred, as private participatory surveillance has become increasingly integrated into law enforcement networks. The resulting trajectory leans towards pervasive surveillance.

B. Pervasive Surveillance and Big Data

The move from specific foci of police surveillance to more generalized, constant surveillance has occurred alongside two critical developments in surveillance systems. First, surveillance has expanded into the private home, incorporated into all types of smart home devices, ranging from nanny cams to smart doorbells.305According to a 2021 national survey, 18% of Americans have video doorbells. Consumer Reps. , January 2021 Results – Credit Report Errors , Video Doorbells , and Product Safety Recall Items (2021), https://article.images. consumerreports.org/prod/content/dam/surveys/Consumer%20Reports_AES_CREDIT_ REPORT_ERRORS_VIDEO_DOORBELLS_PRODUCT_SAFETY_RECALLS_19- January%202021 [https://perma.cc/8PM6-VY7T]. Second, public surveillance systems have been increasingly integrated with artificial intelligence capabilities, utilizing features such as FRT and license plate readers.306 See Catarina Fontes, Ellen Hohma, Caitlin C. Corrigan & Christoph Lütge, AI- Powered Public Surveillance Systems: Why We (Might) Need Them and How We Want Them , 71 Tech. in Soc’y 1, 1-2 (2022); Thaddeus L. Johnson, Natasha N. Johnson, Volkan Topalli, Denise McCurdy & Aislinn Wallace, Police Facial Recognition Applications and Violent Crime Control in U.S. Cities , 155 Cities 1, 4 (2024).

One significant outcome of these twin trends is the ascendance of Big Data.307 Nat’l Sci. Found. , Core Techniques and Technologies for Advancing Big Data Science & Engineering (BIGDATA) 2 (2012), https://nsf-gov-resources. nsf.gov/solicitations/pubs/2012/nsf12499/nsf12499.pdf [https://perma.cc/AKR6-N6CB]; Kirstie Ball & William Webster, Big Data and Surveillance: Hype, Commercial Logics and New Intimate Spheres , 7 Big Data & Soc’y 1, 3 (2020) (“. . . we are forced to ask what the “Big” in “Big Data” refers to. Whilst the etymology of the term encourages a focus on the volume of data, it refers instead more to the ubiquity of data, the completeness of coverage over contemporary lives. Big Data succeeds in extending the scope of surveillance by co-opting individuals into the de facto surveillance of their own private lives. Through the increasingly embedded role of online social networks and location sensitive mobile devices in social activity, the boundaries between surveillance and the surveilled subject become blurred.”). It has been applied to everything from the best time to purchase a plane ticket to the prediction of epidemic outbreaks.308Gary Marcus & Ernest Davis, Eight (No, Nine!) Problems with Big Data , N.Y. Times (Apr. 6, 2014), https://www.nytimes.com/2014/04/07/opinion/eight-no-nine-problemswith-big-data.html [https://perma.cc/DUY8-JZJG]. The hallmarks of Big Data, as touted on industry websites, are 1) increased volume (the sheer amount of data points), 2) greater variety (a heterogenous range of sources and data types, including unstructured data, such as text and audio, that require additional processing), and 3) higher velocity (the rate at which data is received, including at or near real-time, relative to data production) – the three “Vs.”309Michael Chen, What Is Big Data? , Oracle (Sep. 23, 2024), www.oracle.com/bigdata/what-is-big-data/ [https://perma.cc/8JM5-9WCG]; Brayne , supra note 271, at 2.

The power of Big Data lies in its ability to combine diverse types and sources of information and derive correlations and probabilities. In the context of policing, the data that is combined to create a fuller picture of an individual’s activities might not originate with law enforcement or have any connection at all with crime. It need not be limited to data points like criminal warrant records, stay-away protective orders, or license plate registrations. The purposes of the data gatherers might be disparate and even oppositional.310This attribute of modern surveillance has led theorists to describe it as “rhizomatic,” in that it can consist of “multiple parts, aspects, and agents that do not necessarily share similar intention or goals,” with surveillance “growing and spreading increasingly in unlimited directions, working across state as well as non-state institutions . . . .” Tjerk Timan, Maša Gali & Bert-Jaap Koops, Surveillance Theory and Its Implications for Law , in The Oxford Handbook of Law , Regulation and Technology 731, 737 (Roger Brownsword, Eloičse Scotford & Karen Yeung eds., 2016).

Big Data has ushered in a new relationality between different types of information. “Big Data is fundamentally networked. Its value comes from the patterns that can be derived by making connections between pieces of data, about an individual, about individuals in relation to others, about groups of people, or simply about the structure of information itself.”311Danah Boyd & Kate Crawford, Six Provocations for Big Data 2 (Sep. 21, 2011), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926431 [https://dx.doi.org/10.2139/ s srn.1926431]. This capability renders the search for theories connecting data – theories of causation – unnecessary. With massive amounts of data, the traditional scientific method of “hypothesize, model, test . . . is becoming obsolete.”312Chris Anderson, The End of Theory: The Data Deluge Makes the Scientific Method Obsolete , Wired (June 23, 2008, at 12:00 ET), https://www.wired.com/2008/06/ pb-theory/ [https://perma.cc/VH57-Q8LL]. The why people do what they do is not as significant as the very fact that they do what they do. In some cases, their actions can be predicted based on the analysis of huge amounts of data, not models or theories.

Big Data, like much of technology, enjoys a status as “objective” or “less biased.”313 See generally Meredith Broussard , Artificial Unintelligence: How Computers Misunderstand the World (2019), for a discussion of “techno-chauvinism,” the belief that artificial intelligence is immune to bias and more capable than humans of reaching impartial, rational answers. However, as argued by sociologist Sarah Brayne, the algorithms that sort and connect the pieces that make Big Data so powerful

do not transcend the social, but are shaped by the social world in which they are created and used. The activities that generate and the technologies that analyze data are all embedded within social contexts and power structures, so the resulting data are anything but “natural,” detached, or purely descriptive.314 Brayne , supra note 271, at 4.

In the criminal legal context, this “hubris” can be noted in the first wave of algorithmic interventions that assessed sex offender recidivism risk315 Risk Assessment , Cal. Megan’s L. Website , https://www.meganslaw.ca.gov/ AboutSexOffenders/RiskAssessment [https://perma.cc/3ZXZ-9FHS] (last visited Nov. 13, 2025). and Public Safety Assessments that determined whether to grant pretrial release. These algorithmic risk assessments have been criticized as racially biased.316Okidegbe, supra note 9, at 2009, 2021; Sonja B. Starr, Evidence-Based Sentencing and the Scientific Rationalization of Discrimination , 66 Stan. L. Rev. 803, 806 (2014) (inputs “can be expected to contribute to the concentration of the criminal justice system’s punitive impact among those who already disproportionately bear its brunt, including people of color.”); Bernard E. Harcourt, Risk as a Proxy for Race: The Dangers of Risk Assessment , 27 Fed. Sent’g Rep. 237, 237 (2015); Sandra G. Mayson, Bias In, Bias Out , 128 Yale L.J. 2218, 2227 (2019); Jenny E. Carroll, Beyond Bail , 73 Fla. L. Rev. 143, 165 (2021). The inputs into these algorithms – prior arrests, convictions, prison sentences, failures to appear in court – are drawn from police systems that disproportionately affect Black and Brown individuals.317Okidegbe, supra note 9, at 2047; Andrew D. Selbst, Disparate Impact in Big Data Policing , 52 Ga. L. Rev. 109, 127 (2017). This leads to racially biased outcomes, resulting from the simplicity of the algorithms, since they have a quantifiable number of inputs that are almost exclusively derived from law enforcement sources. The disparate impact of algorithms is not unique to the criminal legal system, as scholars have shown their effects on decisions related to public benefits, housing and financial markets.318 See Virginia Eubanks , Automating Inequality: How High-Tech Tools Profile , Police , and Punish the Poor (2018).

How does Big Data thinking intersect with the police surveillance apparatus? As jurisdictions move towards pervasive surveillance, policing strategy and the purposes of police surveillance have changed.319 See Andrew Guthrie Ferguson, Policing Predictive Policing , 94 Wash. U. L. Rev. 1109, 1130-42 (2017). Deterrence and crime-apprehension goals have given way to data gathering and analysis. Surveillance itself has transitioned from the “familiar ‘legacy’ version of targeted, purposeful spying” to “the emerging model of ubiquitous, opportunistic data capture.”320Mark Andrejevic & Kelly Gates, Big Data Surveillance: Introduction, 12 Surveillance & Soc’y 185, 185 (2014). The result is a more generalized form of surveillance, unmoored from any individualized suspicion of those being watched.321 Andrew Guthrie Ferguson , The Rise of Big Data Policing: Surveillance , Race , and the Future of Law Enforcement 54 (2017); Joh, supra note 9, at 16. It is the difference between a single police video camera installed across the street from a suspected methamphetamine distributor322United States v. Tuggle, 4 F.4th 505 (7th Cir. 2021). and a real-time ceaseless video feed placed at every intersection in every neighborhood. The primary goal of police surveillance is no longer to deter crime or to even capture evidence of a crime on video. The goal is the accumulation of data, which can then be saved, sorted, searched, and combined with FRT, automated license-plate readers, cell-phone tracking, drone camera feeds, and/or biometric data from GPS monitoring.323Michael L. Rich, Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment , 164 U. Pa. L. Rev. 871, 873 (2016). In the hands of law enforcement, this strategy of surveillance has led to the creation of what I call the “suspect data double.”

The suspect data double imports the concept of the “data double” from sociology and surveillance studies and applies it to suspects in the criminal legal system.324Kevin D. Haggerty, The Surveillant Assemblage , 51 Brit. J. Socio. 605, 606 (2001). Generally, the data double is a profile constructed from aggregated data where any data point of the profile may be connected to any other.325For a discussion of rhizomes as assemblages of data, see Gilles Deleuze & Félix Guattari , A Thousand Plateaus: Capitalism and Schizophrenia 7 (1987). It describes “the representations and informational flows generated by the users of networked communications technology to allow the agencies (corporate; governmental; and supra-governmental) managing those systems to construct and monitor models of [their] users.”326Simon Biggs & Ana Carvalho, All Watched Over by Our Data Double , 57 Leonardo 272, 272 (2024). With the growth of Big Data, the data double’s contours continue to expand, including government records, financial transactions, internet searches, cell-phone usage, location information, etc.327Selbst, supra note 317, at 138-39; Brian Jordan Jefferson, Predictable Policing: Predictive Crime Mapping and Geographies of Policing and Race , 108 Annals Am. Ass’n Geographers 1, 3 (2018).

The data double is most often used in marketing or targeted political campaigns.328Thorin Klosowski, How Political Campaigns Use Your Data to Target You , Elec. Frontier Found. (Apr. 16, 2024), https://www.eff.org/deeplinks/2024/04/how-politicalcampaigns-use-your-data-target-you (on file with the Michigan Journal of Race & Law). For example, Google and Facebook use biometric information such as age, gender, location, browsing history, purchasing patterns, likes, social media posts, etc. to create data doubles to identify which specific users to target with advertisements.329Samantha Lai & Brooke Tanner, Examining the Intersection of Data Privacy and Civil Rights , Brookings (July 18, 2022), https://www.brookings.edu/articles/examining-theintersection-of-data-privacy-and-civil-rights/ [https://perma.cc/MC4K-LH35]. With Big Data surveillance moving into policing, the suspect data double has become the central character in predictive policing. Predictive policing refers to a set of law enforcement practices that includes the “proactive use of algorithmically mediated data analysis for the purpose of finding patterns in datasets, based on which risk estimates are produced for either individuals or locations . . . .”330 Egbert & Leese , supra note 153, at 19; see Andrew Guthrie Ferguson, Predictive Prosecution , 51 Wake Forest L. Rev. 705 (2016). These estimates can then be utilized by police for pre-emptive action, targeted deployment or other strategic interventions.

Predictive policing targets suspect data doubles, not suspects. It casts a wider net than previous police determinations of suspicion, since everything can be evidence of suspicion if it correlates with other data in specific ways. The suspect data double is the culmination of the vast amounts of information harvested from ubiquitous surveillance and the evolution of surveillance as a tool of crime prediction and data aggregation. The potential implications of the suspect data double will be the focus of future scholarship, specifically the ways in which the use of rhizomatic data profiles and the growth of the preventive state will continue to enable law enforcement’s disparate impact on communities of color.

Conclusion

In 2021, the Seventh Circuit described a panoptic future, in which “Americans will traverse their communities under the perpetual gaze of . . . millions of unblinking eyes . . . ,” cataloging their work routines, their recreational activities, their personal associations, and even their attire, belongings, and snippets of their conversations.331United States v. Tuggle, 4 F.4th 505, 509 (7th Cir. 2021) (refusing to apply Fourth Amendment protections to three law enforcement surveillance cameras affixed to public utility poles positioned outside a private home for eighteen months, absent any finding of individualized suspicion). Even as it declined to apply Fourth Amendment protections to constant, warrantless, and prolonged police camera surveillance, the Court acknowledged that its decision was a “harbinger” of the challenge of applying existing Fourth Amendment jurisprudence to rapidly evolving surveillance technologies.332 Id. at 510.

By 2025, this foretold future has unquestionably arrived, and with it, new modes of policing. Techno-solutionism has recruited surveillance technologies to address police staffing challenges, and in doing so, has written the newest chapter on how technology is changing policing goals. While traditional policing focused on deterrence and apprehension, the pervasive surveillance machines of the 21st century have ushered in a shift towards crime prediction and prevention.

Critically, these techno-solutions have flowed to points beyond the reach of the Fourth Amendment and most Constitutional limits.333Friedman & Janszky, supra note 195, at 29 (“The bulk of police surveillance is almost entirely unregulated by constitutional law. The use of most police surveillance tools doesn’t even constitute a ‘search’ within the meaning of the Fourth Amendment.”). As Professor Carol Steiker points out, while “[o]ur federal Constitution has a lot to say about crime and punishment,” it has less to say about the “limits of the state not as punisher . . . but rather as preventer of crime and disorder generally.”334Carol S. Steiker, The Limits of the Preventive State , 88 J. Crim. L. & Criminology 771, 771, 774 (1998). The limitations on the preventive state pale in comparison to those on the state as punisher, partly due to the historical context of our Constitution. While “the dangers of the punitive state were well known” to the Constitutional drafters, “[t]he preventive state became possible only as the next century progressed”335 Id. at 778. with technological advancement.

This Article examines how technology, far from a passive tool, has been an agent in altering the goals of policing towards predictive action. Technology has established a new mode of policing that is cloaked in seemingly neutral techno-solutionism and is positioned to weather the staffing shortages and the socio-political reckoning faced by law enforcement in the 21st century. The ideology of techno-solutionism, in ignoring the social and historical complexity of human problems, will continue to extend the preventive state and amplify the entrenched racial biases of our criminal legal system.