Saturday, January 11, 2014

Surveillance Made E-Z

The most interesting thing about this year's toll increase on the Pennsylvania Turnpike is the discrepancy in the amount of the increase for those using E-ZPass and cash customers. The increase is 12% for cash and 2% for E-ZPass. This is the fourth straight year of toll increases; all four times, cash customers took the bigger hit. A trip across Pennsylvania now costs $31.38 by E-ZPass and $43.90 in cash.

Clearly the motive is to induce all drivers to use E-ZPass. It costs the state five to ten times more to process a cash transaction, either by paying a toll worker, or by photographing the license plate and sending the car owner a bill. But in the Orwellian world of the Turnpike Authority, the E-ZPass fee is called a “discount,” and Turnpike propaganda emphasizes the claim that E-ZPass reduces travel time. The Pittsburgh Post-Gazette, which never met a layoff of public employees it didn't like, jumped on the bandwagon, saying this change “makes sense for drivers and for Pennsylvania.”

Although you can save on tolls by using E-ZPass, it'll cost you. There is a $3 per year fee, and you are required to keep a minimum balance in your account. The balance starts at $35. Every time it drops below $10, you must replenish it by another $35. You can either send them cash or a check, or have it automatically deducted from your bank account or credit card. Then there is the transponder—the device on your car which identifies it as it passes through the toll booth. You must rent it for $10 if you insist on replenishing your account by cash or check, but there is no fee if you have your account replenished automatically. (Pretty clever, eh?) These are not huge amounts of money, but when you multiply them by the number of users, it's a pretty good-sized float.

How much must drivers pay for the privilege of saving the state a lot of money? This is similar to the introduction of ATMs, when the banks laid off tellers and then announced they would charge a fee for the “convenience” of using an ATM. The banks backed off, at least when you use your own bank's ATMs, but the Turnpike Authority has no competitors. Where does the money go? E-ZPass has been outsourced. The Turnpike Authority pays $91 million a year to TransCore, a subsidiary of Roper International, to run E-ZPass. If the system generates a surplus—which it obviously should—I hope the money goes to the state rather than the contractor.

One concern about E-ZPass that the Post-Gazette didn't mention is its potential for invasion of privacy. E-ZPass creates a permanent record of the travels of hundreds of thousands of citizens. These records, which are in private hands, can be used against motorists in a number of ways. The concern is not just theoretical. In 2007, NBC revealed that divorce lawyers are using E-ZPass records to prove infidelity. The article reports that Pennsylvania and New Jersey are two of the four (out of 12) E-ZPass states that claim they only release records in criminal cases. However, the article recounts a case in which a Pennsylvania lawyer used E-ZPass records to help her client prove that her husband, who claimed to be at a business meeting in Pennsylvania, was actually in New Jersey with his mistress that night. Did the reporter not notice this inconsistency?

Later this year, Pittsburgh will start using surveillance cameras to ticket drivers for running red lights. Since the state police obviously know the distances between toll booths, how long will it be before they start issuing speeding tickets based on transponder readings?

In this modern world of massive NSA surveillance, E-ZPass may seem a minor threat. In September, it was reported that the Pittsburgh Parking Authority was using surveillance cameras mounted on police cruisers to photograph the license plates of 200,000 motorists each month, creating a massive data base of Pittsburghers' locations. The stated purpose was to locate and boot scofflaws who hadn't paid parking tickets, but the data were retained for up to 30 days and were available to anyone who requested it (including the reporter who broke the story). Their reported success rate was .01%–that is, one of every 10,000 cars they photographed was booted. A month later, the Parking Authority revised its policy. They now claim they delete the data every day.

The ACLU surveyed almost 600 police departments and state agencies about their license plate tracking policies. About half responded. The federal government, not surprisingly, refused to cooperate and the ACLU is suing them under the Freedom of Information Act. Of the departments that responded, about three-quarters use license plate tracking and 85% planned to increase their use. Few departments place any substantial restrictions on how they may be used, and many allowed non law-enforcement uses such as collecting parking fines and repossession of vehicles. When used for law-enforcement purposes, hit rates are typically below .5%. Retention policies vary widely; data are retained anywhere from one day to indefinitely.


Most departments purchase license plate reading technology with grants from the federal government. Data can easily be pooled in centralized data bases, and some regional data bases are already known to exist. License plate readers are also extensively used by private companies, repo men being the most frequent users.

The technology is so cheap and widely available that it virtually invites abuse, including data mining to identify potential criminals among people not previously suspected of crimes and discriminatory targeting, such as identifying people who visit mosques. Widespread knowledge of surveillance could have a chilling effect on people's willingness to exercise their rights of free speech, assembly, religion, etc. Most jurisdictions have no policies protecting citizens from abuse of these technologies.

And this doesn't even begin to address the tracking capabilities of cell phones, GPS devices and various other electronic gadgets people carry in their cars. Finally, this morning's New York Times has an article about legal problems associated with event data recorders inside new cars that might be used, for example, by insurance companies to deny claims because the policy holder appeared to be driving carelessly.

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