EFF was thrilled to join organizers, advocates, and activists in the East Bay for the second annual Oakland Tech Week last week. We are grateful to our friends at MediaJustice and Upturn for inviting us co-present this all-day event, “Building Beyond Big Tech: Organizing Oakland’s Future”, on Sept. 30.  The event, hosted by the Kapor Center in downtown Oakland, offered a unique chance to spend time with people across The Town and the Bay Area working to create a better future for everyone.

“We’re at this truly consequential moment,” said EFF executive director Nicole Ozer, in her speech kicking off the day’s events. “We know that in this community’s work—and communities across the country—our ability to ensure that technology empowers rather than oppresses is fundamental to the future of countries, our livelihoods, and, literally, our lives.”

We also participated in a panel on the state of play in California, moderated by MediaJustice executive director Steven Renderos. Director of State Affairs Hayley Tsukayama joined reporter Khari Johnson of CalMatters and Crystal Zemero of People Over Billionaires to talk about the landscape at the state level. The day also included smaller conversations focused on building better tech and fine-tuning messaging, facilitated by our colleagues at MediaJustice.

Seeing the people—our neighbors—who are fighting back against surveillance in their communities was inspiring. They’re casting doubt on the claims large technology companies make about what’s happening in their neighborhoods. They’re speaking up at council meetings and rallies. They’re seeking changes that would give their workplaces and neighborhoods a better, safer relationship with technology. It was so important to come together in solidarity to compare notes, spend time together, find opportunities to support each other, and scheme together.

We can work together to build a future that works for everyday people. A better world is possible—and Oakland Tech Week was a great reminder that, all around us, folks are working together to tackle huge challenges.

“There are formidable forces,” Ozer said.  “But we can pierce the other side’s narrative of inevitability with our power of indignation. The future of AI and other technology is not written and we can work together to get it right.”

Whether you’re in Oakland or Aukland, consider this a renewed invitation to join us.

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California Gov. Gavin Newsom's executive order is an opportunity for a needed, thoughtful conversation about artificial intelligence and its potential harms. Everyday Californians are feeling real anxiety about the risks of artificial intelligence, and as an organization that works to ensure technology empowers people, EFF welcomes this order as a way for the state of California to lead a much-needed dialogue that addresses these concerns. 

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Nonetheless, the most immediate and current concerns with this technology are not about sci-fi scenarios concerning rogue super-intelligence. They are happening right now through biased algorithmic decision-making for employment or government benefits, AI-powered surveillance systems such as Flock cameras, and artificially inflated personalized pricing. People want state and federal leaders to act, and we urge Gov. Newsom to develop thoughtful policies to address those concerns. Today’s EO is a good start. 

To that end, EFF supports the focus on expanding the reporting requirements under SB 53 (2025) for loss-of-control incidents, alongside third-party investigations. We urge the administration to consider how to make these third-party investigations available for smaller developers. As the Government Operations Agency prepares its recommendations for the governor, we urge leaders to also realize that the effectiveness of kill switches in advanced AI systems remains an area of active research. As such, they should ensure that - as we’ve previously mentioned - any technology regulation targeting cybersecurity practices at AI labs must be careful, precise, and practical. Moreover, we also caution that government-controlled kill switches run the risk of being used as a form of retaliation against protected speech, as demonstrated by the Trump Administration’s retaliatory actions against Anthropic earlier this year.

Ultimately, true safety requires California to focus on concrete, immediate, and urgent harms of AI technologies by ensuring that algorithmic decision-making in both the government and private sectors respects people’s rights and well-being. We urge Gov. Newsom and the state of California to develop thoughtful policy in collaboration with those most at risk of harm to address these and other concerns.

Automated license plate readers (ALPRs) build a searchable map of everywhere a driver goes, fed into databases that police, ICE, and private vendors can query after the fact. Networked across a city, ALPRs are purpose-built to track everyone regardless of suspicion. ALPRs are not a surveillance tool that can be made safe with the right policy or feature update—they are irredeemably harmful.

EFF's position is that ALPR mass surveillance—the indiscriminate, continuous collection and retention of location data on every driver, regardless of suspicion—should not exist. Because it nonetheless does, EFF also urges courts and state legislatures to impose strict, enforceable restrictions, such as warrant requirements and deletion deadlines.

EFF's position is that ALPR mass surveillance—the indiscriminate, continuous collection and retention of location data on every driver, regardless of suspicion—should not exist. Because it nonetheless does, EFF also urges courts and state legislatures to impose strict, enforceable restrictions, such as warrant requirements and deletion deadlines. EFF applies every tool available to eliminate ALPR surveillance and the harm it enacts.

The Case Against ALPRs

A note about scope: This post addresses ALPR mass surveillance. It does not address the wider universe of automated traffic enforcement (ATE) such as conventional red light and speed cameras that solely ticket a specific violation, without retaining or networking data on uninvolved drivers. But lawmakers and purchasers should guard against efforts by vendors to piggyback on ATE contracts to market ALPR mass surveillance systems.

ALPRs are frequently marketed as a narrow tool for specific purposes, such as recovering stolen vehicles. But in practice, these sensors sweep up data on every driver who passes a camera, and store it in searchable databases. That indiscriminate collection and retention is precisely why ALPR-fed surveillance systems can be easily weaponized against immigrants, political dissidents, and other targeted communities as ICE and other federal agencies escalate their assault on civil liberties. There is no configuration of an ALPR network that eliminates this risk, because the risk is the mass surveillance itself, not a misuse of it.

Of course, ALPRs cause other predictable harms. Innocent drivers are recurringly arrested and menaced by police because of ALPR errors. Officers regularly abuse ALPR systems to stalk past and potential romantic partners. Creating any database of personal information—including ALPR surveillance databases—inherently creates risk of data theft and subsequent harm to data subjects. And ALPR surveillance of protests and targeting of activists chill participation in First Amendment-protected dissent. But even if these downstream harms could all be prevented (and they likely can’t), ALPRs would remain an intolerable form of mass surveillance.

Fighting on Every Front to Eliminate ALPR Surveillance

At the city level, EFF works with community members and decision makers to outright refuse ALPR purchasing. ALPRs are not inevitable. The same decision mechanisms used to facilitate runaway surveillance purchasing in U.S. localities can be turned against these systems to dismantle them.

EFF also pushes state legislatures to establish strict state-level limits on ALPR surveillance, such as data-deletion rules and use restrictions. Building such constraints into statute can mitigate the harms of existing ALPR systems.

In courts across the country, EFF files amicus briefs arguing that warrantless police searches of ALPR databases violate the Fourth Amendment. In California state court, EFF and the ACLU of Northern California are suing on behalf of two community groups, SIREN and CAIR-CA, arguing that the San Jose Police Department's practice of letting officers search stored plate data—to the tune of over 100,000 times a year—without a warrant violates the California Constitution. We’ve also sued to block California law enforcement from sharing ALPR data with federal and out-of-state agencies, in violation of a California statute.

A big part of EFF’s work is exposing the harms of ALPR surveillance. Our investigative team tirelessly collects information about how law enforcement uses ALPRs with public records requests, sues to enforce such requests, and publishes reports about them. We’ve also successfully lobbied for a State Auditor investigation of law enforcement’s use of ALPRs.

Coordinated Action Against Mass Surveillance

EFF practices integrated advocacy because all of these tools work best together. City refusals, statehouse restrictions, impact litigation, and investigative activism are different levers EFF pulls toward the same end: eliminating ALPR surveillance, and building the durable public power needed to keep it off our streets. A council vote against a Flock contract and a warrant argument in Santa Clara County Superior Court are both, at their core, the same fight: rejecting mass surveillance infrastructure outright, and using every venue available to eliminate its harmful presence and consequences.

The Federal Trade Commission (FTC) in July issued a proposed policy statement “concerning the suppression of accuracy in artificial intelligence systems.” We urge the FTC to withdraw this misguided proposal and instead focus on its core strengths and mission to protect consumers. 

The new proposed policy builds on, and directly references, the Trump administration’s  “Preventing Woke AI in the Federal Government” executive order—a nightmare for civil liberties that seeks to strong-arm AI companies into modifying their models to conform with the its ideological agenda. In recently filed comments, EFF,  Public Knowledge, and Fight for the Future call for the FTC to stop its unconstitutional efforts to regulate lawful speech, override state laws, and intimidate AI developers into ideological alignment with the Trump administration.

The government may not install itself as the arbiter of truth.

In the joint comments, we outline three critical flaws within the latest proposed policy. First, it violates the First Amendment. The policy calls for the Commission to become the judge of which AI outputs meet an undefined standard of accuracy. Installing the FTC as the authority of this sort of viewpoint-based judgment is a prior restraint on speech. Additionally, the policy’s proposed solution to address speech concerns compounds, rather than properly limits, the likely harms to speech. As we say in our comments: the government may not install itself as the arbiter of truth. 

Second, it exceeds the FTC’s legal authority by claiming that its federal regulatory rules can override, or “preempt,” laws in states that have passed to regulate artificial intelligence use. This is clearly an attempt to target state laws the administration disagrees with. For example, the policy specifically criticizes Colorado's automated decisionmaking law, which applies when automated technology is used to consider consequential decisions such as those around employment, access to housing, health care, and insurance. We noted to the FTC that characterizing this law as one that requires AI companies to “suppress accuracy,” or encourages deception, is itself inaccurate. In any case, the FTC lacks the authority to put its rules in place over state law, unless Congress directly delegates it that power. It has been given no such power here.

Third, the policy is vague and sets the stage for improper jawboning of AI developers and companies that use AI tools (deployers). Jawboning is a term for situations in which the government urges private companies or people to censor another's speech. The proposal, as written, creates an enforcement regime that would put a thumb on the scale in favor of certain partisan speech and ideals. This will lead companies to censor only what the administration interprets as biased or untruthful. Yet, in our filing, we note that the FTC itself can't define an objective standard for what “bias” means, conceding the “exact line of what constitutes bias may be difficult to draw.”

There is work the FTC should be doing to protect consumers in the age of AI. In our comments, we conclude by saying:

[We] implore the Commission to focus on its core strengths and the mission for which it is so urgently needed—promoting structural market competition and protecting consumers from real unfair and deceptive acts and practices—in both the burgeoning and critically important AI industry and across the broader technology marketplace.

EFF and our partners have always urged the FTC to police genuine deception in technology markets. We have also consistently opposed government efforts to dictate what private speakers may say. That’s why we urge the FTC to withdraw this proposal. 

You can read our full comments here. 

The concept of “surveillance pricing” is just one part of a much larger problem and business model: corporations maximizing their profits by invading our privacy. The all-too-common business model is to systematically harvest, collate, and store as much of our personal data as possible, and then monetize it through use and sale. When it comes to surveillance pricing, that looks like corporations offering the same product to two different people at two different prices, based on harvested personal information. That's why EFF supports A.B. 2654, authored by Assemblymember Chris Ward, which bans this harmful practice. 

As an organization based in San Francisco, EFF was proud to learn that the San Francisco Board of Supervisors had also introduced a resolution to similarly support the legislation. However,  we were disappointed to learn the San Francisco Board of Supervisors has since stalled a vote on the resolution stating their own support for A.B. 2654 after receiving an email from the San Francisco Chamber of Commerce criticizing the bill using well-worn and debunked concerns. We’ve sent the Supervisors a letter asking them to reconsider.

Banning surveillance pricing would be good for consumers. The FTC has found that companies will set higher prices based on personal information. “For instance,” the FTC found last year, “if a consumer is profiled as a new parent, the consumer may intentionally be shown higher-priced baby thermometers on the first page of their in-app search results, based on their residential zip code and time of purchase.” Let's say that again: the U.S. government has found that companies may seek to use surveillance pricing to charge parents searching for a thermometer in the middle of the night more money in a time of need.

Privacy is a human right, not something that people should understand as a currency to give away or protect based on how it will impact the price of groceries. EFF has long opposed pay-for-privacy schemes, in which a company charges a higher price to a customer who refuses to submit to processing of their personal data. Surveillance pricing is another version of that practice. You should never have to worry that your privacy rights depend on how much you make.

At a time when prices for everyday goods continue to climb, some surveillance pricing defenders note that using personal information could lead to lower prices for some consumers. Yet some recent studies indicate there will be losers and winners  based on factors such as whether a consumer is willing or able to switch products. Who loses or wins also will turn on the accuracy of the underlying data – yet surveillance pricing is often based on false information.

That said, even if surveillance pricing has the capability to lead to lower prices (which it often doesn't) we oppose it as just another way that corporations try to make customers pay for their privacy.

The San Francisco Chamber of Commerce’s concerns are fully addressed in the text of A.B. 2654. The Chamber raises questions about how businesses will comply with the law. But the bill is quite clear: “a retailer shall not engage in surveillance pricing.” It also has a clear definition of what “surveillance pricing” is. The banned practice is defined as: “[i] a customized price for a good for a specific consumer or group of consumers, [ii] based, in whole or in part, on personally identifiable information collected through electronic surveillance,” including if that information is “acquired from a third party.” In other words, “surveillance pricing” is a customized price based on personal information.

The SF  Chamber’s letter also asks about the bill's “treatment of discounts and loyalty programs.” In this way, too, A.B. 2654 is quite clear. The bill includes three broad carveouts that ensure it doesn't disrupt loyalty programs and discounts:

• First, for price differences “based solely on costs associated with providing the good to different consumers.”
• Second, for a discount offered to a consumer who is taking steps to terminate a service.
• Third, for a discount, conspicuously posted on a retailer’s website, that is uniformly available based on (1) criteria anyone can meet, such as signing up for a mailing list, (2) membership in a broadly defined group, such as seniors, or (3) participation in a loyalty program.

An opt-in senior discount to the movies is not the problem. The systematic collection of all of our personal information to determine whether someone is a senior and if so whether they should pay more or less for that matinee is. 

As we said in our blog post outlining our support for this bill:

Surveillance pricing is very similar to online behavioral advertising, a business practice that EFF urges governments to ban. Both practices incentivize all businesses to collect as much of our personal data as possible, in order to later monetize it. Both practices lead some businesses to collate and store our data into dossiers about us for later use. Both practices use these surveillance-based dossiers to manipulate and limit our economic choices, by altering the advertisements and prices we see online.

We urge the San Francisco Board of Supervisors to join the coalition of groups that support A.B. 2564, and stand against companies mining our personal information to charge us different prices for the same thing. 

You can read our letter to the Supervisors here.

Are you a California resident? Then we've got exciting news for you: there's a tool just for you that lets you take a single, relatively easy step to protect your privacy. 

It's called a DROP request. (That's Delete Request and Opt-out Platform, if you're fancy). This one bit of paperwork lets you tell every data broker registered in the state of California that you'd like them to delete your information from their databases and request they stop selling and sharing your information. 

Here are some things to know about DROP. 

(Don’t want all the details and want to just learn how to file a request? Skip to this section.)

What does a request do?

Filing a request on the DROP will send a request to delete and opt-out of sale to all the data brokers in California's registry. Data brokers are companies that collect information about people, repackage that information, and sell it. As of time of writing, a single DROP request reaches 614 brokers.

After August 1, once data brokers receive a request, they will have 45 days to address the request. 

DROP officially launched on Jan. 1 of this year, but companies have until Aug. 1 to begin complying with requests. That means if you file a request now, you'll be in on the ground floor.

Didn't I hear about this before?

If you pay attention to EFF, you sure did. With your help, we advocated for the law creating the DROP tool, the Delete Act. As we said then, we needed the DROP because Californians have a right to request that companies delete information collected about them, and a right to opt-out of having businesses sell information about them. Yet, in reality, making those requests is an incredibly time-consuming and tedious process. Filing each request is hard. Plus, because data brokers buy, sell, and exchange information with so many companies (and each other) people may not even know who to file a request with. By linking a request to California's data broker registry, DROP cuts this process down considerably.

We advocated for DROP and the Delete Act because it makes our privacy law more user-friendly, which gives us better control over our data and reduces the risks that the uncontrolled collection and sale of personal information creates in our everyday lives. 

What's in it for me?

Filing a request benefits you in a few ways. For one, data brokers are often how spammers (or companies that act like spammers) get your email address, phone number, and other ways of contacting you. Removing yourself from data broker lists could lead to a decrease in these kinds of messages. Second, reducing the number of companies that have your personal information also improves your personal cybersecurity, as it decreases the number of firms with your information who could be hacked. Third and finally, it gives you an opportunity to exert more control over how your personal information is collected and used—an important element of privacy. Unless you opt out, data brokers can sell your private information to predatory companies, scammers, stalkers, insurance companies, and law enforcement.

What kinds of information will (and won't) be deleted?

The California Privacy Protection Agency, which administers the DROP, has a great resource explaining what data are and are not included in a request. But in summary, a request will often deal with identifying information such as: social security number, precise geolocation, browsing history, email address, and phone numbers. It will also enter a request to delete guesses that data brokers may have made about you based on identifying information, such as political views, inferences about your health—inferences about pregnancy or chronic illness, for example, that may be based on purchases or browsing history.

Not all information will be deleted. Some information, such as vehicle or real estate ownership, contains information that is a matter of public record. 

If there is a specific data broker you'd like to be able to retain and continue selling your data, the system also gives you a way to remove them from the list of brokers that get any given request. 

How do I file?

Head to the California Privacy Protection Agency's DROP website to start your request. Before you start, there are a few pieces of information you may want to gather for your request, such as your advertising ID or your VIN number, if you want this information to be deleted from data broker databases. 

The agency does ask to collect some personal information—name, address, phone number, email address, etc.—in order to fulfill a request. (Yes, there is an irony to this.) This is to verify that you're the right person asking for your deletion and opt-out request in any given database, and the agency itself is bound to its terms of service that say they won't sell or share it for other purposes.  

If you're interested in filing a request for someone else, such as an elderly relative drowning in junk mail, you can also do that but will need to attest that you're filing for someone else who is a resident of California. 

Once you've filed, you will get a DROP ID, which you can use to check in on your request. If you lose this ID, you can contact the agency to recover it, but keep it in a safe place if you want to check in on the status of your request.  

If I file once, am I done forever?

Unfortunately, no. While the opt-out of sale request should last indefinitely, California's privacy law still allows companies to collect information without asking for permission first in most cases. That means data brokers are likely to continue to collect information for profiles of you—but they will will have less data and be limited in how they use it after an opt-out request. New data brokers may also register with the state after you file your request. And DROP won't stop companies who aren't registered data brokers, like Google, from collecting and sharing your personal information.

Two things can be true. DROP is a fantastic tool to help more people exercise their California privacy rights. We also still need even stronger privacy laws to make things more fair for everyday people. 

That fact shouldn't undercut the power of this tool, but it does mean that you may want to make updating your request a regular part of a broader plan to manage your digital footprint. For example, might we suggest doing it as a part of Opt-Out October—a thing we totally made up but also totally stand behind?

What if I'm not in California?

Also unfortunately for those who don't live in California, this tool only works for California residents. But it's not all bad news. Versions of the Delete Act have been introduced around the country, and many regulators are monitoring how California's system works to see whether a similar system might work in their own states. Residents of all states can use EFF’s Opt-Out October guide to bolster their online privacy and limit the ways that data brokers harvest their personal data. 

The Illinois legislature recently passed House Bill 5511, which imposes a sweeping, device-level age-gating framework across nearly all internet-enabled hardware, operating systems, and online services. This well-intentioned but deeply flawed piece of legislation will harm young people who rely on the internet to access essential information and find community. That’s why we’re urging the Illinois governor to veto the measure. 

Under this new regime, digital platforms are forced to collect and share users' ages to platforms and websites. It also strips away basic, everyday features like personalized content feeds and overnight notifications for young people unless they can secure "verifiable parental consent."

H.B. 5511 is a massive privacy and free speech nightmare. That’s why we sent a letter to formally urge Governor J.B. Pritzker to veto the bill.

Much of H.B. 5511 is modeled after controversial legislation passed in California (A.B. 1043) and New York’s Stop Addictive Feeds Exploitation (SAFE) for Kids Act, both of which have already drawn immense blowback from open-source communities, privacy advocates, and tech stakeholders. For Illinois to copy this suspect age-bracketing regime before either law has even gone into effect, been tested in court, or proven functional is premature, economically risky, and legally wasteful.

H.B. 5511 is a massive privacy and free speech nightmare. That’s why we sent a letter to formally urge Governor J.B. Pritzker to veto the bill. Far from protecting children, the bill will effectively dismantle online anonymity, jeopardize data security, and severely restrict access to constitutionally protected speech for young people and adults alike. Finally, these schemes cut off vital lifelines for vulnerable youth in non-traditional families and pose an existential threat to the open-source ecosystem that underpins the modern internet.

For a deeper look at the constitutional, policy, and technological concerns with H.B. 5511, you can read our full letter here.