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Flock Safety says it is tightening controls on its nationwide license-plate camera network, but the announced changes are not proof that misuse or mistaken identification will be prevented. Congressional proposals would impose additional rules, yet neither proposal described in the cited record is law. The central question is whether safeguards are consistently enforced and independently shown to work.

What Flock says it has changed

Flock’s current homepage says it has reduced its recommended default data-retention period from 30 days to seven, expanded audit requirements and proactive monitoring, made multi-factor authentication mandatory for every customer, and given customers more control over agency-to-agency sharing. The company also says it has increased transparency about data ownership, security and agency policies, that customers control their data, and that every search is logged. These are company descriptions of its policies and controls, not independent findings about their effectiveness. Flock Safety

In an August 13, 2026 report, the Associated Press described additional announced requirements for law-enforcement customers. Searches would need to be linked to a case number from an agency records system. An audit tool is intended to flag abnormal search behavior; users flagged by the system would be locked out pending internal review. AP also reported that data could be retained longer than seven days when tied to a case number. The company said many guardrails that had previously been optional would be mandatory by January 1. That was a reported rollout plan, not verification that every customer agency had implemented every control. Associated Press

The company’s present homepage and AP’s earlier account do not establish that every measure took effect at the same time or applies in precisely the same way. In particular, a stated default is not the same as a universal deletion rule: the AP report describes longer preservation for case-linked data.

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What Congress is asking for—and what is only proposed

Senate hearing and Hawley proposal

The Senate Judiciary Subcommittee on Crime and Counterterrorism held a hearing titled “Always Watching: Flock’s Nationwide AI Surveillance Network” on September 23, 2026. The committee page lists testimony from Lindsey Isaacs, described as a wrongfully accused driver; Institute for Justice representative Alasdair Whitney; Pinal County Sheriff Ross Teeple; cybersecurity engineer Benn Jordan; and ACLU Senior Policy Counsel Chad Marlow. Senate Judiciary Committee hearing page

On September 30, Senator Josh Hawley said Flock’s CEO declined to testify, while the company supplied written answers and agreed Congress should create a federal framework. Hawley announced that he would introduce the Stop Flock Abuse Act, saying, “Law-abiding Americans should not be treated like criminals.” Hawley’s announcement

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As described in that announcement, the proposed bill would bar local governments from selling or sharing vehicle-location data with non-governmental third parties; require written approval and audit records for searches; require encryption and U.S.-based data storage; and generally require deletion after ten days, with exceptions for active criminal investigations. These are proposed provisions, not current federal requirements on the cited record.

Separate House proposal

The Flock-Off Act, H.R. 10221, is a separate proposal. The Government Publishing Office record says Representative Thomas Massie introduced it on September 2, 2026, with six cosponsors, and that it was referred to the House Committee on Oversight and Government Reform. Its full title describes a prohibition on federal funds for covered camera systems and associated components. It is not the same bill as Hawley’s proposal and is not enacted law. Congress.gov bill record

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Why the safeguards are under scrutiny

A reported mistaken identification

At the Senate hearing, Lindsey Isaacs described being arrested after a camera misidentified her vehicle in connection with a fatal crash in October 2025. A Senate Judiciary Democratic press release says she spent 13 days in jail facing eight felony charges and that the charges took seven months to be dropped. The release reports that Isaacs said her new car had no damage matching the crash. Her account illustrates the potential consequences of a mistaken identification; it does not establish a system-wide error rate. Senate Judiciary Democrats’ account

Allegations of unauthorized searches

Senators Adam Schiff and Ron Wyden’s inquiry describes allegations that officers used Flock systems for unauthorized surveillance, including searches connected to reproductive health care, immigration enforcement and criticism of local police. Their release cites a Washington Post analysis of police and court records that said at least 50 officers had been charged or accused of misuse. That figure is the senators’ account of the Post analysis; “charged or accused” does not mean every case resulted in a finding of wrongdoing. Schiff and Wyden’s inquiry

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The senators’ letter asks how safeguards work in practice, including whether abnormal searches trigger proactive lockouts, whether offense filters and case justifications can be manipulated, and whether agencies comply with local and state rules. It also asks about biometric authentication, capture-error rates and compliance with California privacy law. Those are oversight questions, not proof of the alleged conduct or an admission by Flock. The release requested a response by September 25, 2026; the material cited here does not establish whether Flock responded by that date.

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What would show whether the changes work?

Shorter default retention, authentication, logging and automated alerts can constrain access, but a policy announcement alone cannot show whether controls are used consistently or deter abuse. A meaningful assessment would need evidence about deployment across customer agencies, how alerts are reviewed, what consequences follow violations, and whether audits are independent and publicly informative. It would also need to account for exceptions such as case-linked retention and cross-agency sharing.

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The debate turns on practical differences: how long data remains available and under what exceptions; who may approve or conduct searches; whether a case number or written justification is required; how sharing with other agencies is controlled; whether logs lead to consequences; what recourse exists after a false match; and whether rules are voluntary company policies or binding law. Flock and law-enforcement agencies point to investigative and public-safety uses. Critics and lawmakers emphasize persistent location tracking, civil liberties, access controls and the consequences of errors. The cited sources do not provide a common independent study that resolves the effectiveness question.

The senators’ letter characterizes the company’s record this way: “Despite a professed public commitment to responsible governance, Flock has repeatedly failed to implement the safeguards necessary to protect Americans’ civil liberties.” That is the senators’ position, not a judicial finding. The record also does not establish an independent system-wide ALPR capture-error rate or independent measurement showing that Flock’s newly announced controls prevent misuse.

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