Court Ends Dragnet Electricity Surveillance Program in Sacramento

A California judge has shut down a decade-long surveillance program in which Sacramento's utility provider shared granular smart-meter data on 650,000 residents with police to hunt for cannabis grows. The EFF reports: The Sacramento County Superior Court ruled that the surveillance program run by the Sacramento Municipal Utility District (SMUD) and police violated a state privacy statute, which bars the disclosure of residents' electrical usage data with narrow exceptions. For more than a decade, SMUD coordinated with the Sacramento Police Department and other law enforcement agencies to sift through the granular smart meter data of residents without suspicion to find evidence of cannabis growing. EFF and its co-counsel represent three petitioners in the case: the Asian American Liberation Network, Khurshid Khoja, and Alfonso Nguyen. They argued that the program created a host of privacy harms -- including criminalizing innocent people, creating menacing encounters with law enforcement, and disproportionately harming the Asian community.

The court ruled that the challenged surveillance program was not part of any traditional law enforcement investigation. Investigations happen when police try to solve particular crimes and identify particular suspects. The dragnet that turned all 650,000 SMUD customers into suspects was not an investigation. '[T]he process of making regular requests for all customer information in numerous city zip codes, in the hopes of identifying evidence that could possibly be evidence of illegal activity, without any report or other evidence to suggest that such a crime may have occurred, is not an ongoing investigation,' the court ruled, finding that SMUD violated its 'obligations of confidentiality' under a data privacy statute.

In creating and running the dragnet surveillance program, according to the court, SMUD and police 'developed a relationship beyond that of utility provider and law enforcement.' Multiple times a year, the police asked SMUD to search its entire database of 650,000 customers to identify people who used a large amount of monthly electricity and to analyze granular 1-hour electrical usage data to identify residents with certain electricity 'consumption patterns.' SMUD passed on more than 33,000 tips about supposedly 'high' usage households to police. Going forward, public utilities throughout California should understand that they cannot disclose customers' electricity data to law enforcement without any 'evidence to support a suspicion' that a particular crime occurred.

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