This bill prohibits federal agencies and the use of federal funds for the deployment of automated mass surveillance technologies, including facial and biometric recognition systems.
Tim Burchett
Representative
TN-2
The Protection Against Mass Surveillance Act prohibits federal agencies from purchasing or using invasive automated surveillance technologies, including facial recognition and license plate tracking. It also restricts state and local governments from using federal funds for these systems. Additionally, the bill mandates the deletion of illegally obtained data and bars its use as evidence in legal proceedings.
The Protection Against Mass Surveillance Act draws a hard line in the sand against the government's use of automated tracking technology. Under Section 2, federal agencies are strictly prohibited from purchasing or operating systems that identify and record people through facial recognition, biometric scans—like your iris or even the way you walk— and automated license plate readers (ALPRs). This isn't just about the FBI or the DEA; the bill also cuts off the faucet for local police departments by banning state and tribal governments from using federal grant money to buy these systems. If you’ve seen those black 'Flock Safety' cameras popping up on neighborhood street poles, this bill specifically targets that kind of tech to prevent the creation of a permanent, searchable map of your daily movements.
For the average person, this means your morning commute or your walk to the grocery store stays off the federal grid. The bill’s reach is broad, covering everything from fingerprinting to 'persistent surveillance'—basically any tech that can keep a constant eye on where you are and who you’re with (Section 2). Think of a small business owner driving between job sites or a parent dropping kids at school; under this law, the federal government can't use automated tools to log their license plate at every intersection. By prohibiting 'biometric identification technology,' the bill ensures that your unique physical traits—whether it's your voice or your gait—can't be turned into a digital tracking ID without your consent.
One of the most practical parts of this bill is how it handles mistakes. If a federal agency accidentally or illegally captures your data using these banned systems, they don't get to keep it 'just in case.' Section 3 requires agencies to delete any illegally obtained surveillance data within 30 days of getting it. To make sure there's real teeth to this rule, the bill bars the government from using that data as evidence in any court or administrative proceeding. It’s a 'fruit of the poisonous tree' policy: if they used a banned camera to find you, they can’t use that footage to prosecute you.
While this is a win for personal privacy, it creates a significant shift for the tech companies that sell these surveillance 'solutions' and the agencies that rely on them. Companies like Flock Safety, which have built business models on widespread license plate recognition, would see a major revenue stream dry up as federal contracts and funding disappear. For local police departments used to using federal 'Stonegarden' or 'Justice Assistance' grants to beef up their tech, they’ll now have to choose between keeping the cameras and keeping the federal cash. The bill is clear and low on jargon, leaving little room for agencies to 'rebrand' surveillance as something else to keep the lights on.