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The proposed Ban Flock Act would sharply restrict federal use of automated license plate reader (ALPR) cameras and their data, and use conditions on certain federal grants to encourage state and local restrictions. It is not a blanket ban on every local government’s use of Flock cameras.
What is the Ban Flock Act?
On October 2, 2026, Senators Bernie Sanders and Jeff Merkley and Representative Alexandria Ocasio-Cortez unveiled the Ban Flock Act. The linked Senate draft identifies Sanders as the introducing senator, but it is a proposal—not enacted law. The posted text says it was read twice and referred to a Senate committee; its bill-number and committee fields remain placeholders. The Hill’s report, republished by AOL, describes the announcement, and the draft bill text sets out the proposed rules.
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What would the bill prohibit?
Federal agencies’ use of ALPRs and data
The draft generally bars federal officials and people acting for the federal government from acquiring, possessing, accessing, or using an ALPR or captured plate data within the United States. Its definition is broad: an ALPR can capture, record, analyze, or store plate information; identify, locate, or track vehicles using a plate or another persistent visual identifier; or compare plate numbers with databases to generate alerts or vehicle-activity records.
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“Captured plate data” would cover more than a plate number. It includes images, date and time, location, direction of travel, vehicle characteristics, confidence scores, associated photos or video, and derived information. The proposed restriction therefore reaches data and access to it, not just ownership or operation of cameras.
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The draft provides an exception if an Act of Congress explicitly authorizes the use and specifies the entities, technology or data, purposes, data-management standards, audit requirements, and rights protections. Under that exception, retention would be limited to no more than 48 hours.
A narrow exception for tolling
ALPR use solely to assess, bill, collect, audit, dispute, or enforce toll payments would be exempt, subject to restrictions against using toll data for law enforcement or movement monitoring. For reconciled electronic payments, the draft requires deletion within 48 hours. It allows limited retention for billing, unpaid tolls, disputes, or proceedings under the conditions stated in the text.
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Would it stop local governments from using Flock cameras?
Not outright. The draft does not simply forbid every city, county, or state from using ALPRs when paying with non-federal money. Instead, it uses two federal levers: conditions on specified federal assistance and a separate prohibition on using federal funds for covered ALPR activities.
Conditions on specified federal assistance
Beginning in the first fiscal year after enactment, the proposal would condition certain assistance administered by the Departments of Justice, Transportation, Health and Human Services, Housing and Urban Development, and Homeland Security on a state or local government having a binding law or policy that limits ALPR use at least as strictly as the federal standard.
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Limits on federal funding
The draft would bar federal funds for specified ALPR purchases and activities, including acquisition, leasing, installation, operation, maintenance, upgrades, access to or handling of captured data, and related contracts or data-sharing agreements, subject to the bill’s exceptions. These provisions could affect local programs that rely on federal money, but the text is not a universal prohibition on locally funded use.
What remedies does the proposal include?
The draft provides for repayment or suspension or termination of assistance in response to violations. It also provides for possible individual suits against the federal government, state enforcement, and exclusion of evidence obtained improperly. Those are proposed remedies; they would not take effect unless the bill became law.
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How large is Flock’s camera network, according to the report?
The Hill reported that Flock had more than 120,000 cameras across the country. That figure is attributable to the report; the sources cited here do not include an independent dataset or audit validating the count. The report describes Flock’s “vehicle signature” as including make, model, color, and features such as bumper stickers, decals, and accessories.
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The Hill also reported Flock’s statements that users cannot search specifically for humans in its image database and that searches based on race, skin tone, or ethnicity are blocked. Those are company-stated product limits as conveyed by the report, not independently tested findings.
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What have supporters and Flock said?
Sanders argued for the proposal in a statement quoted by The Hill on October 2: “Going to the doctor? Flock knows. Dropping your kid off at school? Flock is tracking you. Flock is always watching. We cannot allow America to become a surveillance state where a handful of AI oligarchs profit by giving the government the power to track our every movement.”
Flock spokesperson Andrew Smith said the company “strongly supports legislation establishing guardrails governing license plate reader use.” He added that “LPR frameworks should preserve law enforcement’s ability to utilize a critical tool, proven to enhance public safety in communities across the country.” Flock chief legal officer Dan Haley said the company does not believe Americans’ privacy should depend on one vendor’s “good judgement,” its current leadership, or its commercial incentives. These statements were reported by The Hill.
How is the Flock-Off Act different?
The Hill’s report also identifies a separate proposal from Representative Thomas Massie, the Flock-Off Act. It describes that measure as restricting local purchase, installation, maintenance, operation, or upgrades of ALPR and biometric surveillance cameras. The Ban Flock Act draft discussed here instead focuses on federal use, federal funding, and conditions attached to certain federal assistance. The available descriptions do not support a complete statutory comparison of the two bills.
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Repair Windows errors before they cause bigger problemsFix Now →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →The same report says a Senate hearing heard from lawyers, a sheriff, a cybersecurity engineer, and a driver who had been wrongfully accused. Executives invited from Flock, Axon, Motorola, and Verkada did not attend. That hearing and the Flock-Off Act are distinct from the Ban Flock Act.
Has the Ban Flock Act become law?
No. The October 2 announcement and the linked draft describe a proposal. The posted Senate text says it was read twice and referred to a committee, but the text carries placeholder bill-number and committee fields. The sources cited here do not establish that it was enacted.
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