WASHINGTON, D.C. — The Senate Judiciary Subcommittee on Crime and Counterterrorism held a hearing on September 23, 2026, regarding the use of artificial intelligence-powered surveillance cameras and automated license plate readers. Senators Josh Hawley and Richard Durbin expressed concerns about privacy risks and the presumption of innocence during the hearing.

The hearing was scheduled by the subcommittee, which is chaired by Senator Josh Hawley. Garrett Langley, CEO of Flock Safety, declined to testify at the hearing. CEOs of Axon Enterprise, Motorola Solutions, and Verkada also declined to testify.

A spokesperson for Verkada stated that the company’s CEO could not attend but that the company is providing information to the subcommittee. The spokesperson added that no national Verkada network exists and that customers can only access data in their own systems.

Hawley said Flock operates a network of tens of thousands of cameras across almost every state. He said billions of images from Flock cameras are searchable using artificial intelligence. "We’ve got to find a way to protect and enforce the Bill of Rights and the basic personal liberties of every law-abiding citizen in this country no matter what the technology is," Hawley said.

Richard Durbin said the volume of cameras and information gathered represents a change from previous uses of license plate readers for toll enforcement. Durbin said courts have inferred that privacy should be protected even though it is not explicitly mentioned in the Constitution. "We have got to find a way to balance in America privacy and security. I think there is a balance. Congress needs to lead the way."

Lindsey Isaacs testified that she was wrongfully accused of causing a fatal car crash in Florida based on an image of her car captured far from the scene. Benn Jordan, a cybersecurity engineer, stated that Flock’s storage of data from its camera network is not sufficiently secure. "What I’ve been asking for, around the country, is for privatized government surveillance vendors to require independent security testing and inspections," Jordan said. Jordan stated that the nation needs clear, effective, and unified federal privacy laws on par with the European Union’s General Data Protection Regulation.

Alasdair Whitney, legislative counsel for the Institute for Justice, urged Congress to take legislative action to protect privacy in public. The Institute for Justice released revised model legislation in September 2026 to govern the use of surveillance data. The model bill would require government officials to have a warrant in most cases before accessing historical location data.

It would also limit the use of contemporaneous data, restrict how location data is shared, and limit data retention. "None of these restrictions would stop law enforcement from finding a missing child or a stolen car. We’re not asking for you to turn the cameras off with this model legislation. The warrant requirement is the bare minimum, though," Whitney said.

Several lawmakers have introduced bills addressing surveillance technology. Representative Tim Burchett introduced a bill to ban federal agencies from purchasing or operating surveillance systems that track people through license plate readers, facial recognition, or biometric identification. Representative Raja Krishnamoorthi introduced a measure to condition some surface transportation funds on states banning automated license plate readers except for toll enforcement and identifying stolen vehicles or missing persons.

Representative Thomas Massie introduced a bill to bar the use of federal funds for surveillance cameras or their data, with exceptions for tolls and border security. Representative Keith Self introduced a proposal to restrict federal funds and require a warrant for federal use of data from state or local Flock cameras, except in emergencies.

In August 2026, Hawley announced an investigation into Flock’s collection, retention, and dissemination of data generated by its artificial intelligence surveillance cameras. Senators Katie Britt and Raphael Warnock sent a letter to the Justice Department expressing concern about misuse of data from license plate readers. They wrote that appropriate safeguards are necessary to protect against unauthorized access and abuse of license plate reader data. Britt stated at the hearing that she has seen cases in Alabama where surveillance cameras helped save people in danger and cases of abuse.

Why It Matters

The hearing shows growing legislative scrutiny of private companies that operate large-scale surveillance networks for law enforcement. With Flock Safety and other vendors declining to testify, senators relied on testimony from privacy advocates, cybersecurity experts, and individuals who reported negative experiences with the technology. The introduction of multiple bills in Congress indicates that lawmakers are considering various regulatory approaches, ranging from outright bans on federal use to warrant requirements and funding conditions.

Local governments are also managing these systems. In Oakland, California, the City Council approved a contract with strict safeguards, including penalties for unauthorized data sharing and prohibitions on national searches, though the deal had not been finalized as of September 2026. Meanwhile, police departments in Texas City and San Jose reported incidents of employee misuse, leading to disciplinary actions and policy changes such as limiting system access and conducting audits.

Timeline

Texas House Bill 1631 does not create a statewide ban on automatic license plate readers such as Flock, a status established on June 2, 2019. On December 1, 2025, the Oakland City Council approved a $2.25 million deal with Flock Safety. The council added safeguards to the Flock Safety contract, including rules limiting data access and financial penalties for data breaches.

The approved deal allows the city to impose up to $200,000 in penalties if Flock allows unauthorized sharing of data. It forbids Flock from allowing out-of-state agencies to access data from Oakland’s cameras and requires that Oakland’s data not appear in any national or multi-state searches. The deal requires Flock to alert the city in real-time if it grants new agency access, changes sharing settings, or if an unauthorized agency attempts a search. It also requires Flock to submit quarterly certifications attesting that no federal or out-of-state users accessed Oakland’s data.

What's New

Additional reporting confirms that the hearing on September 23, 2026, was scheduled by the Senate Judiciary Subcommittee on Crime and Counterterrorism, chaired by Senator Josh Hawley. Records show the Oakland City Council approved a $2.25 million deal with Flock Safety in December 2025. As of September 2026, Oakland has not finalized or executed the contract with Flock Safety. The approved deal allows the city to impose up to $200,000 in penalties if Flock allows unauthorized sharing of data and adds safeguards including rules limiting data access and financial penalties for data breaches. The deal forbids Flock from allowing out-of-state agencies to access data from Oakland’s cameras. In Texas, the Texas City Police Department has used Flock cameras since 2023 and currently operates 26 cameras throughout the city. The department identified two instances of possible misuse of the Flock system involving department employees.