Author: Jonathan

  • Signals & Safeguards Issue 14: Age Verification, ALPR Accountability, and Searchable Systems

    Signals & Safeguards

    Issue 14 • Wednesday, June 17, 2026

    A concise weekly scan of surveillance, privacy, cybersecurity, and the safeguards public officials should keep in view.

    At a glance

    • Section 702 expired legislatively, but the warrant fight did not end.
    • ALPR accountability is no longer hypothetical: misuse, tracking claims, private-camera sharing, and audit-log gaps are now concrete governance problems.
    • Cyber patch windows are shrinking as exploited vulnerabilities, AI-assisted attacks, and research-sector targeting accelerate.
    • Identity checks are spreading into phones, age verification, platform access, and encrypted communications.

    Section 702 expired on paper, but the warrant fight did not

    Congress allowed Section 702 to lapse after a short-term extension failed, but the practical surveillance fight is not over. Reuters explains that Section 702 allows warrantless collection targeting foreigners abroad, while also sweeping in communications involving Americans. The Guardian, AP, and the Brennan Center all point to the same unresolved question: when U.S. person communications are searched, should the government need a warrant?

    The important nuance is that “expired” does not necessarily mean “stopped.” Existing certifications may allow surveillance activity to continue for a period even after the statutory deadline. That makes the public-facing safeguard question sharper, not weaker. The debate is no longer only about whether Section 702 exists on paper. It is about whether searches involving Americans’ communications should require clear legal authority before they happen.

    The warrant issue also became entangled with unrelated politics. Reuters reported that Trump opposed renewal unless it was paired with proof-of-citizenship voting legislation. That does not change the civil-liberties question. A surveillance law that can reach Americans’ communications should not depend on unrelated legislative leverage.

    Why it matters for Bend: Section 702 is a federal intelligence law, not a city camera program. But the governance lesson travels. Broad search authority, weak front-end limits, secret interpretations, and after-the-fact review can become normalized unless public institutions insist on clear authority, narrow access, and usable oversight before sensitive searches occur.


    ALPR accountability is no longer hypothetical

    Automated license plate reader oversight is now an evidence problem, not a theory problem. Recent reporting shows officer misuse, private-camera networks, retail deployments, vendor-access questions, leaked search metadata, event-surveillance buildouts, and disagreement over whether systems “track people” or simply record vehicles.

    InvestigateTV / WRDW reported that Flock says its cameras do not track people, while training material describes following vehicles or suspects from “location to location.” 404 Media reported on police officers arrested or accused after allegedly using Flock systems to stalk or monitor people. AP reported on a Westchester County lawsuit involving a large ALPR system with 1.6 billion scans, nearly 600 cameras, and access by more than 50 outside agencies.

    The same issue is spreading beyond police-owned cameras. Retail parking-lot ALPR systems can still become public-safety data sources if their databases are shared, searched, or made available to law enforcement. Dayton Daily News and other reporting on retailers using Flock cameras show why “private” does not always mean “outside public surveillance.”

    The safeguard question is not only whether a camera reads plates. It is who can search the resulting record, how long the data is kept, whether outside agencies can query it, whether private databases can become police tools, whether vendor employees can access the system, and whether every search can be audited later.

    Why it matters for Bend: Bend already learned that access rules matter before systems go live. Any ALPR proposal should be judged by the audit trail it creates, not only by the problem it promises to solve. A system that cannot answer who searched, why they searched, what they saw, and whether the result was shared is not just missing a technical feature. It is missing the oversight system.


    Patch windows are shrinking because exploitation is getting faster

    Cybersecurity is becoming a timing problem. Reuters reported that U.S. officials shortened the remediation window for certain exploited vulnerabilities to three days as AI-assisted threats rise. CISA also continued adding known exploited vulnerabilities to its catalog, reinforcing the same practical lesson: once a flaw is being actively exploited, public agencies may not have weeks to decide what to do.

    The current-week examples cut across sectors. Reuters reported that Chinese-linked hackers targeted U.S. and Canadian research facilities over the past year, including academic, medical, military, AI, unmanned-vehicle, cyber-warfare, and medical-research targets. Reuters also reported cyber incidents involving iRhythm and an attempted extortion claim involving Novo Nordisk.

    The lesson for public institutions is not simply “patch faster.” It is to know which systems are exposed, who owns the fix, whether the vendor has patched, whether logs were reviewed, whether credentials or accounts changed, and whether dependent systems are affected. Cybersecurity is no longer only an IT department issue. It is public infrastructure governance.

    Why it matters for Bend: Cities, counties, schools, clinics, libraries, utilities, and vendors all depend on systems that can become public-sector risk points. Officials do not need to understand every exploit. They do need clear answers about exposure, patch timing, vendor proof, log review, and continuity plans.


    Shared pattern: searchability is the power

    The strongest stories this week point in the same direction: searchable systems need visible safeguards. Section 702 raises the question of who can search communications and under what authority. ALPR systems raise the question of who can search movement records and whether misuse can be proven. Cyber incidents expose the risk of large stores of sensitive data. Identity systems decide who must prove themselves before ordinary access. Police-tech platforms determine what becomes searchable next.

    The safeguard question is the same across all of them: who can search, why can they search, what legal authority applies, how long data is kept, whether vendors can access it, and whether misuse can be detected after the fact.


    Warning Signals

    Warning Signals

    These items point toward where search power, identity checks, platform access, vendor systems, and data governance may be heading next.

    Private cameras can still become public surveillance systems

    Retail ALPR systems are a reminder that “private” cameras can still become public-safety infrastructure. Dayton Daily News reported on Flock cameras used by retailers and shopping centers, while other reporting has pointed to Lowe’s, Home Depot, and similar parking-lot deployments.

    The privacy issue is not only who owns the pole or camera. It is who can search the plate data, whether police can access the database, how long records are retained, whether shoppers are meaningfully notified, and whether vendor sharing settings turn private parking lots into law-enforcement search points.


    Phone numbers may become identity checkpoints

    The FCC’s proposed “know your customer” proceeding would push phone providers toward stronger identity collection for subscribers. The stated goals include fraud reduction, robocall enforcement, and accountability. But the design matters.

    A phone number is often the gateway to work, housing, banking, medical care, two-factor authentication, family communication, and public services. If ordinary phone access requires more identity documentation, policymakers should ask who is excluded, what information is stored, how long it is retained, whether it can be shared with law enforcement, and whether anonymous or low-documentation options remain available.


    Age checks are becoming identity infrastructure

    France’s age-check fight shows how online child-safety rules are becoming identity-infrastructure debates. Reuters reported that an EU court said France can enforce age checks against porn sites based in other EU countries. At the same time, the UK is debating under-16 social-media restrictions, U.S. lawmakers are advancing kids’ online-safety proposals, and state age-verification laws continue to spread.

    Child safety is a legitimate policy goal. The safeguard question is whether the law protects children without forcing everyone else to prove identity, weaken anonymity, turn private vendors into access gatekeepers, or create reusable records of lawful online activity.


    Lawful-access bills can become encryption-access bills

    Canada’s Bill C-22 debate is a useful warning signal for other democracies. Reporting from iPhone in Canada and legal commentary around the bill say Apple and Google warned that lawful-access language could pressure companies to break or weaken end-to-end encryption, limit disclosure to users, or create new government-access obligations.

    The details are Canadian, but the pattern is broader. When governments seek faster access to digital evidence, the line between lawful process and infrastructure redesign can become blurry. Encryption policy should be debated directly, not buried inside broad access powers.


    AI chats can become legal records

    A New York judge blocked a subpoena seeking ChatGPT records in a lender lawsuit, according to Reuters. The ruling protected the records in that case, but the subpoena itself is the signal.

    AI prompts, chats, drafts, uploaded files, and account logs may become discoverable records, depending on context. Public agencies, advocacy groups, businesses, and lawyers should treat AI tools as record-creating systems, not just brainstorming spaces. Sensitive legal, personnel, constituent, or strategy work should not be pasted into tools without clear rules for retention, access, privilege, and disclosure.


    AI support bots should not control the keys

    The reported Meta AI / Instagram account-recovery incident shows why AI systems need hard permission boundaries. If an AI support system can grant account access, change recovery information, override verification, or alter enforcement status, then the AI is not just answering questions. It is controlling access.

    The safeguard is simple: AI should not hold the keys by itself. Account recovery, permissions, identity verification, enforcement decisions, and high-impact changes need strong verification, human escalation, audit logs, and rollback plans.


    Security features should not disappear quietly

    Reports that AMD removed or disabled a memory-encryption feature from some consumer Ryzen systems are a useful security-governance warning. The technical details matter less than the policy lesson: security features can be enabled, disabled, tiered, or moved behind enterprise product lines in ways ordinary users may not notice.

    Public agencies and institutions should ask vendors what security features are actually enabled, which features require higher-priced products, whether firmware or licensing changes can disable protections, and how customers will be notified if a security feature is removed or downgraded.


    Axon Watch: police-tech contracts are becoming platform commitments

    Axon’s June Records and Standards release notes are a reminder that public-safety technology keeps expanding after the original purchase. Recent release notes include report redaction with audit-log tracking, search tools tied to people and vehicles, saved searches, Evidence ID search, analytics privilege copying, site-attribute restrictions, and more precise audit-log timestamps.

    That is why Axon should be reviewed as a platform vendor, not only a device vendor. A body-camera, Taser, RMS, ALPR, drone, redaction, or AI feature may be introduced through a contract, amendment, release note, configuration setting, or bundled subscription. Public officials should ask not only what is being bought today, but what future searches, integrations, retention rules, vendor access, and audit logs the platform will make possible tomorrow.


    Surveillance pricing is becoming a consumer-protection issue

    Surveillance pricing is moving from theory to statutes and lawsuits. EPIC reports that Connecticut became the second state to enact a surveillance-pricing ban, while EFF is backing a California bill to restrict personalized pricing based on personal data. Courthouse News also reported on a class-action lawsuit over an alleged surveillance-pricing scheme.

    The policy issue is simple: data collected to identify, predict, or profile people can also become data used to set the price they see. Privacy law and consumer-protection law are starting to converge.


    Direction of travel

    This week’s Signals point toward one pattern: identity and access are becoming control layers. Phone numbers, age gates, encrypted services, AI accounts, retail ALPRs, security features, and police-tech platforms all decide who can enter, who can search, who can verify, and who can be watched. The safeguard challenge is to protect people without making ordinary life depend on persistent identity trails and invisible vendor systems.


    Safeguards

    Safeguards

    A safeguards page works best when it turns broad concerns into practical questions public officials can ask before systems are purchased, connected, searched, expanded, or renewed.

    Require authority before sensitive searches

    Sensitive searches should require clear authority before they happen, not only after-the-fact review. That authority might be a warrant, court order, statute, documented case need, or narrowly defined emergency exception. But the rule should be written before the system becomes routine.

    This applies across systems: communications searches, ALPR searches, biometric searches, law-enforcement databases, immigration-enforcement access, geofence-style searches, public-benefits records, school records, and sensitive civic data. If a search can reveal where someone has been, who they communicate with, what they believe, what services they use, or whether they may be flagged by government, the threshold should be higher than convenience.

    The practical question is simple: before a person searches sensitive data, what must they document, who reviews it, and how can misuse be proven later?

    Treat ALPR audit logs as the oversight system

    ALPR oversight should not depend on trust alone. It should depend on records that can be reviewed.

    A useful ALPR audit log should show who searched, what they searched, when they searched, why they searched, whether the search was tied to a case number or documented purpose, whether a hit was acted on, whether the result was shared, and whether an outside agency or vendor employee accessed the system.

    That does not mean exposing everyone’s raw location history to the public. It means protecting individual plate data while making the governance system visible. Public officials should be able to see scan counts, hit rates, false-hit procedures, retention rules, sharing settings, outside-agency access, vendor-access logs, misuse investigations, and policy exceptions.

    A system that cannot answer who searched, why, and what happened next is not just missing a technical feature. It is missing the oversight system.

    Make vendor access visible before approval

    Vendor access is part of surveillance oversight. Contracts should not leave it vague.

    Before approving or renewing a system, public officials should know whether vendor employees can access live feeds, stored footage, plate data, case files, audit logs, search tools, support dashboards, training environments, or analytics systems. They should also know whether vendor access is logged, whether customers are notified, whether data can be used for product development, sales demonstrations, AI training, quality review, or troubleshooting, and whether access can be disabled by default.

    The safest rule is narrow access by design: no vendor access except for documented support needs, no sales or demo use without written permission, no product-development reuse without explicit approval, and no silent access to public-agency data.

    Patch quickly, then verify what happened

    When a vulnerability is already being exploited, the first question is not whether an agency plans to patch. It is whether the exposed system has already been identified, assigned, fixed, and reviewed.

    Public agencies should ask vendors and internal teams the same basic questions: Are we affected? Which systems are exposed? When was the patch applied? Who verified it? Were logs reviewed? Were accounts created, changed, or abused? Were credentials rotated? Were dependent systems affected? Were backups tested? Were users or partner agencies notified?

    Fast patching matters, but patching alone is not the whole safeguard. A patched system may still have compromised accounts, altered settings, copied data, or persistence mechanisms left behind. The fix should include proof, log review, and a short written record of what changed.

    Delete old sensitive data before it becomes breach fuel

    The best breach response starts before the breach. Collect less data, keep it for less time, separate sensitive records, and delete what no longer serves a clear public purpose.

    Old records become dangerous when they remain searchable after their original purpose has passed. A school platform, police system, vendor database, health app, personnel file, grant system, or public-records archive can become a breach problem years later if sensitive data is kept by default.

    Retention limits should be treated as security controls. If data is no longer needed, no longer legally required, and no longer serving the public purpose for which it was collected, deletion is not a loss. It is a safeguard.

    “The Government’s position fails to contend with the seismic shifts in digital technology that made possible the tracking of not only Carpenter’s location but also everyone else’s, not for a short period but for years and years.”

    — Chief Justice John G. Roberts Jr., majority opinion, Carpenter v. United States (2018)

    Governance Safeguards

    Governance Safeguards

    The strongest safeguards are built before sensitive data becomes too useful to give up.

    Keep AI away from the keys

    AI systems should not be allowed to control account recovery, permissions, identity verification, enforcement decisions, or high-impact access changes without hard limits.

    A support bot that can grant account access is not just a chatbot. It is an access-control system. An AI tool that can change permissions, summarize evidence, draft reports, flag people, alter workflows, or trigger decisions needs more than a prompt box and a terms-of-service page.

    Useful safeguards include human review for high-impact actions, least-privilege access, separate logs for AI actions, rollback plans, prompt-injection testing, escalation rules, and clear bans on using AI outputs as the sole basis for account recovery, discipline, arrest, eligibility, denial of service, or enforcement action.

    Do not make identity the price of ordinary access

    Age checks, phone-ID rules, Real ID requirements, social-media restrictions, account verification systems, and anti-fraud tools can all serve legitimate goals. But they can also make ordinary life depend on persistent identity trails.

    Policymakers should ask whether a system verifies what it actually needs to know, or whether it collects more identity than necessary. A service may need to know that a person is old enough, eligible, or authorized. It may not need to store a copy of a government ID, keep a reusable identity profile, or link lawful activity across platforms.

    Good identity policy should include privacy-preserving alternatives, data minimization, short retention, vendor limits, appeal rights, and options for people without stable documents, stable addresses, safe disclosure conditions, or conventional ID access.

    Ask what security features are actually enabled

    Security should not depend on assumptions. If a product advertises encryption, isolation, logging, retention controls, access limits, or audit tools, public agencies should ask whether those protections are actually enabled in the version they are buying.

    Officials should also ask whether features depend on a higher-priced tier, firmware setting, license term, subscription level, cloud configuration, or optional module. If a vendor removes, disables, downgrades, or paywalls a security feature, customers should receive clear notice before they rely on a protection that may no longer exist.

    The practical question is not “does this product have security?” It is: which protections are active, who controls them, what changes can disable them, and how will we know?

    Make public reporting routine, not exceptional

    Oversight works better when public reporting is scheduled before controversy begins. The La Pine data-center transparency petition is a local example: large data infrastructure raises questions about power, water, generators, noise, and public accountability even when it is not a surveillance system by itself.

    The same reporting habit should apply to sensitive technology systems: publish enough information to evaluate system purpose, data collected, vendor access, retention period, outside-agency access, number of searches, number of hits, false matches, corrective actions, policy violations, and renewal dates.

    Use a pre-approval checklist before systems go live

    Before launch, renewal, expansion, or feature activation, officials should be able to answer basic questions: What data is collected? Who can access it? What outside agencies can search it? What can the vendor see? How long is data retained? What requires a warrant, case number, or documented purpose? What audit logs exist? Who reviews the logs? What is reported publicly?

    A checklist is not bureaucracy for its own sake. It is a way to keep small procurement decisions from quietly becoming large public-governance decisions after data is already flowing.

    Bottom line

    The strongest safeguard this week is visible control over search power.

    Whether the system is Section 702, ALPR, cyber incident response, identity verification, AI account recovery, surveillance pricing, or a police-tech platform, the public needs the same basic answers: who can search, why they can search, what authority applies, how long data is kept, whether vendors can access it, whether identity checks are truly necessary, and whether misuse can be proven after the fact.

    Collect less. Connect less. Search less. Retain less. Log every exception. Make vendor access visible. Require authority before sensitive searches. Build privacy into the system before the data becomes too useful to give up.

  • Bend Verkada Explainer

    Bend’s Verkada Security-Camera System

    What the public record shows — and what it doesn’t

    City of Bend, Oregon · Public-Records Review · Updated 2026

    Where things standThe City of Bend has standardized on Verkada’s cloud-based security-camera platform since 2020 and continued purchasing Verkada-related installation services and hardware in 2023 and 2024. The documents reviewed so far do not prove that Bend PD has direct access to the system. They do show that key governance details — camera locations, retention settings, analytics settings, police-access rules, public-sharing rules, vendor-access limits, signage practices, and post-breach risk review — are not in the public record.

    This explainer is for Bend residents who want to understand what the City has built, what’s confirmed in writing, and what questions remain unanswered. It draws from the City’s own Council issue summaries, contracts, meeting minutes, and Verkada’s own incident report. Sources are linked at the end. Use this to inform yourself, ask better questions, or write to Council.

    01What the City Has Built

    The Bend system is not a single project but a layered platform that has been expanded through several contracts. Here’s what the public record confirms.

    A cloud-based “video-surveillance-as-a-service” platform.

    In 2020, the City adopted Verkada’s platform through a competitive bid. Unlike traditional on-site security cameras, Verkada’s system streams and stores footage in the cloud (Amazon Web Services), managed through Verkada’s “Command” platform.

    Two more authorizations in 2023 and 2024.

    In June 2023, Council authorized up to $165,000 for installation services with LTT Partners LLC, a licensed Verkada reseller and installer. In June 2024, Council authorized up to $150,000 to purchase additional Verkada-compatible cameras and hardware. Both were approved on the consent agenda.

    Integration into new City buildings.

    Verkada cameras and integrated access control are being designed into the new Public Works Campus, including the headquarters, fleet, and warm-vehicle-storage buildings.

    Cameras around the Lighthouse Navigation Center.

    The City’s January 2026 Council Goals Status Report notes that security cameras are being installed around the Lighthouse Navigation Center as part of a public-safety effort. The report does not specify whether those cameras are part of the Verkada system.

    Employee privacy protections (only).

    The City’s collective bargaining agreement with COBEA (the employees’ union) includes rules: cameras may not be placed where employees have a reasonable expectation of personal privacy, the City may not randomly review footage for discipline, and no employee can be disciplined solely on video evidence absent misconduct. These protections cover employees — not the general public.

    Worth stating plainly Security cameras at City facilities — loading docks, cash-handling areas, building entries — are a normal and reasonable thing for a city to operate. The question this explainer raises is not whether cameras should exist, but whether a cloud-based, expandable, analytics-capable surveillance platform should be operated without published rules governing how it’s used.

    02What the Public Record Doesn’t Show

    These are the governance questions the documents don’t answer. Each is something a resident might reasonably expect to be on file for a system of this kind.

    Gap 01

    Where the cameras are, and how many there are.

    The installation contract says cameras are installed “at multiple City of Bend sites on an on-call basis,” with each installation initiated by a purchase order. There is no public inventory of camera locations, counts, types, or fields of view. Because each installation is administrative — not a Council vote — individual deployments don’t return for public review.

    What this meansThe public cannot know whether a given sidewalk, alley, park, or street near a City facility is under camera coverage.

    Gap 02

    A public-facing surveillance use policy.

    Employee privacy is partially protected by union contract. There is no parallel public policy governing who within the City may view live footage, whether viewer access is audit-logged, standards for reviewing footage of community members, prohibited uses (e.g., monitoring of First Amendment activity), discipline for misuse, or annual reporting to Council.

    What this meansThe rules that govern how this system is used in practice are not visible to the public it surveils.

    Gap 03

    How long footage is kept.

    The contracts and issue summaries do not specify a retention period. Verkada cameras can be configured to retain footage anywhere from roughly 30 days up to a year, depending on model and settings. The retention setting is the single biggest factor determining how much historical movement data the system holds.

    What this meansA 30-day setting limits exposure. A 365-day setting creates a year-long behavioral record of everyone who walks past a camera.

    Gap 04

    Whether and how police access the system.

    The installation contract requires LTT Partners’ installers to be CJIS-certified (Criminal Justice Information Services) within six weeks of award. CJIS certification of installers is a meaningful clue that some work touches public-safety-sensitive environments, but it does not by itself prove Bend PD has direct, standing access to the Verkada platform, or that Verkada footage is treated as CJIS data. None of this is spelled out publicly.

    What this means“Security cameras to protect public property” and “a feed integrated into police operations” are very different programs. The record doesn’t say which one Bend has.

    Gap 05

    Which Verkada features are enabled.

    Verkada’s documentation confirms its platform supports — when enabled by a customer — People Analytics, face search across cameras, license plate recognition and plate-of-interest alerts, vehicle search by attribute, audio recording and audio analytics, and integration with access control to correlate badge swipes with video. Which of these features the City of Bend has turned on or off is not documented in the public record.

    What this meansA camera that records video is one thing. A camera plus a searchable face database across City facilities is a substantially different capability.

    Gap 06

    Community engagement before approval.

    Both the 2023 and 2024 issue summaries list “Community Outreach Process and Potential Impacts: N/A.” Both authorizations went through the consent agenda — the 2024 purchase appears grouped with routine items like fuel purchases and meter-box upgrades. No public hearing, impact analysis, or community engagement process appears in the record.

    What this meansThe expansion of a surveillance-capable platform was treated as routine procurement, not as a matter the public might want to weigh in on.

    Gap 07

    Whether the vendor was re-evaluated after a major 2021 breach.

    In March 2021, attackers compromised Verkada’s platform by exploiting a misconfigured customer-support server. They accessed live and archived video for 97 customer organizations, across approximately 4,500 cameras. Eight customers also had access-control product data accessed, including badge credentials. The breach was vendor-side, meaning customer security depended heavily on Verkada’s internal controls. The City standardized on Verkada in 2020 — before the breach — and re-authorized two more Verkada-tied contracts in 2023 and 2024, after the breach. No document in the public record shows the City re-evaluated Verkada’s security posture before those re-authorizations. In August 2024, the FTC announced a settlement requiring Verkada to implement a comprehensive information-security program with biennial third-party assessments; a separate $2.95 million civil penalty was imposed for CAN-SPAM email-marketing violations (FTC Matter 2123068; stipulated order entered Sept. 4, 2024, N.D. Cal.).

    What this meansVendor risk doesn’t disappear after a breach. A buyer that doesn’t document re-evaluation is making an implicit bet that isn’t in the record.

    Gap 08

    Public notice and signage.

    Oregon does not have a general statute requiring video-surveillance signage in public areas, though federal law restricts audio recording without notice in most contexts. Whether camera locations carry visible signage — and what those signs say about the purpose, retention period, records-request process, and complaint process — is not addressed in the project record.

    What this meansNotice is the floor of meaningful consent. It deters the conduct the City says it’s trying to deter, and it signals accountability to the people walking past.

    03Questions Worth Asking

    Whether you’re writing to Council, filing a public-records request, or just trying to understand your city better, these are reasonable, specific questions that the existing public record does not answer:

    • Where are City surveillance cameras located, and how many are there?
    • How long is footage retained on each camera?
    • Which Verkada features are enabled — face search, license plate recognition, audio, People Analytics?
    • Who can view live and recorded footage, and is that access audit-logged?
    • What policy governs sharing footage with law enforcement, outside agencies, or the public?
    • What review did the City conduct of Verkada’s security posture after the 2021 breach and 2024 FTC action?
    • What signage notifies the public that an area is under City surveillance?
    • What process exists for residents to file complaints or request specific footage?

    04Context: How Other Cities Handle This

    Several cities — including Seattle, San Francisco, Oakland, Cambridge MA, Berkeley, and the Bay Area Rapid Transit (BART) system — have adopted surveillance-technology review processes that require public documentation, hearings, or annual reporting before a surveillance technology is acquired or expanded. These ordinances typically require a written impact report covering the technology’s capabilities, retention rules, access policies, and civil-liberties risks; a public hearing before procurement; and annual use audits.

    Bend’s 2023 and 2024 Verkada-related authorizations went through the consent agenda with no documented community outreach.

    05Sources

    City of Bend documents

    · Council Issue Summary, 2023 installation contract authorization (5G): 5G_LTT_Partners_IS.pdf
    · Installation contract with LTT Partners LLC: 5G_LTT_Installation_Contract.pdf
    · Council Issue Summary, 2024 hardware purchase (5D): 5D_Issue_Summary.pdf · 5D_Issue_Summary-1.pdf
    · Hardware purchase contract: 5D_Contract.pdf
    · Council meeting minutes: Minutes-2-4.pdf
    · Public Works Campus GMP-3 amendment (Verkada integration): 8_Public_Works_Campus_KNCC_Proposed_Amendment_No._6_GMP_3.pdf
    · Council Goals Status Report, January 2026: Council_Goals_Status_Report.pdf
    · COBEA Collective Bargaining Agreement 2022–2025: 9_COBEA_2022-2025_Collective_Bargaining_Agreement.pdf
    · Update on Downtown Safety Projects: Update_on_Downtown_Safety_Projects.pdf

    Verkada and federal sources

    · Verkada Security Incident Report (March 2021 breach): Security_Incident_Report_Version1.2.pdf
    · FTC press release: “FTC Takes Action Against Security Camera Firm Verkada” (Aug. 30, 2024): ftc.gov
    · FTC case file: United States v. Verkada Inc., FTC Matter 2123068, Civil Action 3:24-cv-06153 (N.D. Cal., stipulated order entered Sept. 4, 2024): ftc.gov/legal-library

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  • HR 2853 ACTION GUIDE

    What to Know Before You Write

    H.R. 2853 — the Combating Organized Retail Crime Act of 2025

    Federal Legislation · Now Before the U.S. Senate · Updated May 27, 2026

    Where the bill standsThe House passed H.R. 2853 on May 12, 2026, by a vote of 348–60. It is now engrossed and headed to the Senate, where it must clear committee and a floor vote before it can become law. That makes this the moment Oregonians can still weigh in — by contacting Senator Ron Wyden and Senator Jeff Merkley.[1]

    This guide explains, in plain language, what H.R. 2853 would do and lays out the key privacy and civil-liberties talking points you can raise when you email Oregon’s two U.S. senators or their staff. It is educational and informational. Use the points that matter most to you, in your own words — personal letters carry more weight than form letters.

    01What the Bill Does

    H.R. 2853 does two main things. The first is a set of criminal-law changes. The second — and the focus of most privacy concern — is the creation of a new federal coordination center.

    It strengthens federal criminal tools for retail and cargo theft.

    The bill expands criminal forfeiture, adds theft and stolen-goods offenses (18 U.S.C. §§ 659, 2314, 2315) as money-laundering predicates, treats gift cards and prepaid cards as “monetary instruments,” and lets prosecutors meet the $5,000 federal threshold by adding up thefts over a 12-month period rather than needing a single large theft.[2]

    It creates a retail-crime coordination center inside ICE.

    The bill directs the Secretary of Homeland Security to establish an Organized Retail and Supply Chain Crime Coordination Center, with its director appointed by the head of U.S. Immigration and Customs Enforcement. The Center would coordinate federal investigations, assist state and local police, build relationships with private companies, run an information-sharing system using existing DHS and DOJ databases, and enter agreements with private-sector entities. Its authority sunsets after seven years.[3]

    Worth stating plainly Organized retail and cargo theft are real problems, and the bill drew broad bipartisan support in the House. The question this guide raises is not whether the problem exists — it does — but whether a data-sharing center housed inside ICE should be built without the privacy guardrails that normally accompany this kind of information-sharing infrastructure.

    02Key Talking Points

    These are the points to raise with Oregon’s senators. You don’t need all of them — pick two or three that resonate and explain why they matter to you.

    Point 01

    A retail-theft problem is being handed to an immigration agency.

    The Center is placed inside Homeland Security Investigations, with its director appointed by ICE — not a consumer-protection body like the FTC or the Commerce Department. That structural choice means information gathered for retail-crime purposes sits inside the same agency that conducts immigration enforcement.

    You might sayI’m concerned that H.R. 2853 places a retail-crime data center inside ICE, and that the bill contains no limits preventing information from being used for immigration enforcement unrelated to the underlying case.

    Point 02

    It builds a fusion-center-style hub spanning many agencies.

    The Center can be staffed by detailees from CBP, the Secret Service, Postal Inspection, ATF, DEA, FBI, and state and local police, and can share resources with other DHS interagency centers. That lets data collected about retail theft move across unrelated enforcement domains — drugs, weapons, immigration, financial crimes — with no clear firewall between them.

    You might sayPlease ask what prevents retail-crime data in this Center from being repurposed for unrelated investigations across the many agencies that would have access.

    Point 03

    It opens direct data pipelines from private companies, with no rules on what flows through them.

    The Center is directed to build relationships with retailers and transportation companies and to receive investigative information from them. That could include security-camera footage, license-plate data, facial-recognition leads, loyalty-card and payment records, return histories, and proprietary “organized retail crime” databases — yet the bill never specifies what categories of data can or cannot be shared.

    You might sayThe bill should specify what private-sector data the Center may receive, and it should prohibit bulk transfers of customer, shopper, vehicle, or location data.

    Point 04

    It carves out an exception to a federal confidentiality law.

    The bill lets the Center’s director personally authorize disclosure of information otherwise protected under 18 U.S.C. § 1905 whenever it is deemed “operationally necessary” — an undefined term. While the approval cannot be delegated, there is no definition of the standard, no after-the-fact review, no notice to affected parties, and no limit on redisclosure.

    You might sayThe term “operationally necessary” is undefined and should be narrowed, with logging and after-the-fact review required for any disclosure of otherwise-protected information.

    Point 05

    The scope language invites mission creep.

    The covered-crime definition includes “other crimes related to” the core offenses — open-ended phrasing that could let the Center’s reach expand well beyond retail and cargo theft over time.

    You might sayPlease ask for a tighter definition of covered crimes, with a clear connection to organized retail or supply-chain theft.

    Point 06

    The basic privacy guardrails are simply missing.

    The bill does not require warrants before sensitive data is shared, data minimization, retention or deletion limits, audit logs of every search, independent civil-liberties audits, redress for people wrongly flagged, public posting of agreements with private companies, or limits on facial recognition, license-plate readers, and location data. A center this broad should carry those protections in the text.

    You might sayBefore the Senate advances this bill, it should add data minimization, retention limits, audit logging, independent civil-liberties audits, and a redress process for people wrongly identified.

    Point 07

    Strengthen what’s already good in the bill.

    The bill does include a seven-year sunset, a non-delegable approval requirement for confidential disclosures, and annual public trend reports — all worth keeping. But seven years is long enough for a surveillance system to become permanent in practice, and the required reports cover enforcement results rather than civil-liberties impacts.

    You might sayI’d urge a shorter reauthorization window — three years instead of seven — with a public civil-liberties audit before any renewal, and reporting that includes the number of U.S. persons affected and any immigration referrals.

    03Who to Contact

    Oregon is represented in the U.S. Senate by two senators. Both will vote on whether this bill advances. Contacting either or both — by email, phone, or their web contact form — puts your concerns on the record.[4]

    Sen. Ron Wyden

    Democrat · Oregon · Senior Senator

    Web contact form: wyden.senate.gov/contact/email-ron
    D.C. office: (202) 224-5244
    Bend field office: (541) 330-9142

    Sen. Jeff Merkley

    Democrat · Oregon · Junior Senator

    Web contact form: merkley.senate.gov/connect/contact
    D.C. office: (202) 224-3753
    Bend field office: (541) 318-1298

    Contact details confirmed against each senator’s official Senate website on May 27, 2026. Both senators maintain field offices in Bend’s Jamison Building. The web contact forms route your message to the staff who track this issue and are the most reliable channel.

    04How to Write an Effective Message

    • Identify yourself as an Oregon constituent and give your city. Staff sort mail by whether you live in the state.
    • Name the bill by number: H.R. 2853, the Combating Organized Retail Crime Act of 2025.
    • Lead with one specific ask — for example, “Please push for privacy amendments before this bill advances,” or “Please vote no unless these safeguards are added.”
    • Pick two or three talking points from Section 02 and put them in your own words. Specific and personal beats long and comprehensive.
    • Be brief and respectful. A few clear paragraphs is plenty. Staff log the position and the ask.
    • Ask for a response on where the senator stands. That prompts a substantive reply rather than a form acknowledgment.

    Subject

    Privacy concerns with H.R. 2853 — please seek amendments

    Message

    Dear Senator [Wyden / Merkley],

    I’m a constituent writing from [your city], Oregon. I’m contacting you about H.R. 2853, the Combating Organized Retail Crime Act of 2025, which the House passed on May 12 and which is now before the Senate.

    I understand organized retail and cargo theft are real problems. My concern is the new coordination center the bill creates inside ICE. As written, the bill places a data-sharing hub inside an immigration-enforcement agency, opens direct data pipelines from private retailers without specifying what data can be shared, and leaves out basic safeguards like data minimization, retention limits, audit logs, and a way for wrongly flagged people to seek correction.

    Before this bill advances, I’d ask you to push for those privacy protections to be written into the text, to narrow the undefined “operationally necessary” disclosure standard, and to support a shorter reauthorization window with a public civil-liberties audit before any renewal.

    Could you let me know where you stand on adding these safeguards? Thank you for your time.

    Sincerely,
    [Your name]
    [Your city], Oregon

    Sources

    [1] H.R. 2853 status and House vote (348–60, May 12, 2026): Congress.gov; engrossed-in-House text: GovInfo.
    [2] Criminal-law provisions (forfeiture, money-laundering predicates, gift-card coverage, 12-month aggregation): bill text via GovTrack and CBO cost estimate, cbo.gov.
    [3] Coordination Center, ICE placement, duties, and seven-year sunset: bill text; CBO estimate.
    [4] Oregon’s U.S. senators and office contact details confirmed via each senator’s official site: wyden.senate.gov and merkley.senate.gov.

    Bend Privacy Alliance

    Share freely · No copyright claimed · Verify before you act

  • Bend Retail Surveillance Explainer

    Bend Privacy Alliance  /  Public-interest research

    Bend, Oregon  |  May 24, 2026

    Investigation · Retail surveillance · Public-private camera networks

    When store cameras
    become police infrastructure.

    Six retailers operate in Bend, Oregon. Their privacy policies describe facial recognition, license plate readers, and behavioral analytics. The city has quietly built the bridge that connects them to law enforcement. Here is what is public, what is alleged, and what is still unknown.

    Bend Privacy Alliance

    Working paper · v2.0

    Reading time · 18–22 minutes

    Companion documents: Evidence Matrix · Action Toolkit

    At a glance

    The question

    Is your trip to a Bend grocery store or hardware store also a data point in a law-enforcement system?

    What’s verified

    Across the six retailers, public policies disclose combinations of video surveillance, biometrics, license-plate capture, location and device tracking, behavioral or session analytics, and consumer profiling — though not every retailer discloses every capability at the same level of detail. Three retailers have dedicated ALPR policies; Albertsons has a California-specific ALPR policy; Fred Meyer/Kroger’s general policy discloses license-plate capture by some cameras. Three retailers disclose facial recognition explicitly.

    The Bend bridge

    Bend Police has funded FususCore bundles for up to 10 local retailers, linking private cameras to the Bend Connect system.

    What you can do

    Under the Oregon Consumer Privacy Act, you can require each retailer to tell you who they have shared your data with. Templates are in the Action Toolkit.

    Inside this issue

    1. The bridge nobody asked you to vote on
    2. What the policies actually say
    3. A short history of how Bend got here
    4. Where the data can go once it leaves the store
    5. A risk map for residents
    6. Oregon law is more powerful than most people realize
    7. What a real surveillance accountability ordinance would do
    8. What you can do this week
    9. Sources and how to verify everything in this piece

    §01

    The bridge nobody asked you to vote on

    The bridge nobody asked you to vote on

    In February 2025, the Bend Police Department launched Connect Bend — a community camera registry powered by Fusus, the public-private surveillance platform Axon acquired in 2024. By March 2026, 618 cameras were registered across the city. 174 of those had been upgraded with FususCORE devices, giving the Bend Police Department conditional access to live and recorded feeds. The platform costs the department approximately $75,000 per year and is the same Axon/Fusus infrastructure used for body cameras and digital evidence storage. (Source: The Bulletin, May 15, 2025 and March 4, 2026.)

    In November 2025, the Bend Police Department and the Deschutes County District Attorney’s Office added a grant program on top of the registry. Up to ten Bend retailers could receive a FususCORE Device Bundle — the hardware that converts a private camera into an integrated feed — through the Oregon Criminal Justice Commission’s Organized Retail Theft Grant Program. Applications were due August 3, 2025; after the one-year grant term, businesses pay $150/year to remain integrated. The headline framed it as a fight against shoplifting. (Source: The Source Weekly; Central Oregon Daily.)

    What the announcements have not emphasized is the architecture itself. Connect Bend is not a city program in the conventional sense. The website is bendconnect.org. The footer says “Powered by Axon” and “©2026 Axon Enterprise, Inc.” The contact email for unsubscribing or deleting your registry data is connect@fusus.com — a Fusus address, not a Bend city address. Data flows through FūsusCORE devices to AWS GovCloud, where it is stored in FūsusONE, a CJIS-compliant cloud environment. (Source: bendconnect.org Privacy FAQ.)

    The contract that governs each retailer’s participation is published at bendconnect.org/terms-conditions/ as a Data Share and License Agreement between the camera owner and the City of Bend. Section 5 makes a contractual promise to camera owners: “City will not share access to Owner’s camera views with members of the public, or outside of City, without the prior written consent of Owner.” Section 6 requires the camera owner to provide Bend “camera make, model, IP address, and camera and/or associated DVR/NVR login information.” Section 7 confirms that Bend, not Axon, is the physical custodian of the FūsusCORE hardware on each property.

    The contract is between the camera owner and the City. It does not bind Axon. Axon operates the platform that processes, stores, and routes the data. Axon’s contractual relationships with other agencies, its retention policies, its use of the data to train artificial intelligence models, and its own audit logs are not addressed by the agreement that the retailer signed. Customers in the parking lot are not party to the agreement at all.

    This is the bridge. Retail surveillance and police surveillance are not separate categories when the cameras are wired into the same platform. Whether the store calls it “asset protection” or the city calls it “Organized Retail Theft Grant,” the practical effect is the same: a private camera operating in a place of public accommodation becomes part of a public surveillance network, and the platform that operates it is a multi-billion-dollar publicly traded surveillance vendor headquartered in Scottsdale, Arizona.

    Bend residents have not voted on this. They are unlikely to have been notified by any retailer that has joined. The list of participating retailers, the policy governing access escalation, the retention period for the footage, the conditions under which it can be shared with federal agencies — none of that is yet in the public record. The Bend Privacy Alliance toolkit and templates published alongside this piece are designed, in part, to surface it.

    Two specific findings worth knowing

    First: the bendconnect.org footer links to a Privacy Policy at https://bendconnect.org/privacy-policy/. The page returns the “Axon Fusus Community Connect and Axon Fusus Registry Website Privacy Notice,” last updated February 21, 2025. The notice is Axon’s own corporate privacy notice for its Community Connect and Registry products — not a Bend-specific notice drafted for Bend residents or approved by the City. It describes how Axon collects, uses, discloses, transfers, and stores the personal data of users of the platform. Whether a national vendor’s standard privacy notice meets the disclosure requirements of ORS 646A.578 for a program branded as a City-of-Bend public safety program is a question the City has not addressed publicly.

    Second: the Connect Bend Privacy FAQ states that “Fūsus does not employ facial recognition technology” — but in the next answer it discloses that “Fūsus utilizes artificial intelligence to rapidly search video. All AI use cases exclude facial recognition, but may be utilized to automatically recognize weapons, vehicles of interest, etc.” “Vehicles of interest” describes automatic license plate recognition functionality and vehicle attribute identification by AI — activities that the Oregon Consumer Privacy Act treats as processing of personal data, and that the January 2026 geolocation amendments (HB 2008) treat as sensitive data when they identify a person to a radius of 1,750 feet or less.

    Why this matters now

    In January 2026, Bend’s City Council voted to suspend its Flock Safety automated license plate reader cameras after public outcry over Flock’s national track record of immigration sharing and personal misuse by police. That decision was real and the public made it happen. The retail-camera integration program is a parallel pathway that has not received the same scrutiny. It deserves the same scrutiny.

    §02

    What the policies actually say

    What the policies actually say

    This section sticks to one type of evidence: language pulled from each company’s own current, public privacy policy. These are statements the companies have committed to in writing, dated, and posted on their corporate websites between April 2025 and February 2026. They are not allegations.

    A privacy policy describes what a company reserves the right to do. It does not prove that any particular store is doing it. That is a separate question, addressed in section 5.

    The six retailers, in their own words

    CapabilityWhat the policies actually say
    Video cameras in stores and parking lotsAll six Every one of the six companies discloses CCTV and parking-lot camera operation as standard practice. This is the floor, not the ceiling.
    Facial recognition / biometric captureHome Depot Explicit: “Biometric Information — Facial recognition” is listed as a collected category in the Home Depot Privacy and Security Statement. Home Depot’s FY2023 Annual Report (SEC Form 10-K, filed March 2024) discloses that its “Computer Vision” technology has been deployed across all U.S. stores. Third-party reporting indicates the technology was expanded to self-checkout areas for loss prevention by May 2024; that specific application has not been independently confirmed from primary corporate sources.

    Walmart The Walmart Customer Privacy Notice lists collection of “voice prints, imagery of the iris or retina, face geometry, and palm prints or fingerprints.” Three-year biometric retention from last interaction.

    Fred Meyer / Kroger The Fred Meyer Privacy Policy states biometric collection including facial recognition data may occur in “select locations” with point-of-entry notice.

    Safeway / Albertsons The Albertsons Privacy Policy states: “In some states, our cameras may capture biometrics (e.g., facial recognition technology).” Entry signage required where deployed.

    Lowe’s The current Lowe’s U.S. Privacy Statement (April 2025) uses “image matching and analysis technology” on images from recorded footage in some states, applied after incidents by Asset Protection. Lowe’s does not label this as facial recognition in the current policy.
    Automated License Plate Recognition (ALPR)Lowe’s Dedicated ALPR section in the U.S. Privacy Statement. 90-day retention.
    Home Depot Dedicated ALPR section in the Privacy and Security Statement. No fixed retention period stated.
    Walmart Dedicated ALPR Privacy Notice, updated February 2026. Led by VP, Chief Safety Officer. 60-day retention.
    Safeway / Albertsons California ALPR Policy. 60-day default; 12-month retention at “high-crime” stores. Director of Corporate Asset Protection as custodian.
    Fred Meyer / Kroger Kroger has an ALPR policy applying to “select retail locations in California” (Ralphs confirmed). Fred Meyer / Oregon deployment unverified.
    In-store Wi-Fi and Bluetooth trackingAll six disclose some form of in-store device or signal tracking. Albertsons is the most explicit: for loyalty members, the policy says they collect MAC address, IP address, device identifier, and real-time device location through in-store Wi-Fi. Bluetooth tracking and motion sensors are disclosed for in-store navigation. Beacons in baskets and carts measure dwell time in front of advertising displays.
    Behavioral analytics (keystroke, cursor, scroll tracking)Lowe’s “keystroke activity and rhythms, mouse movements, scrolling and clicks.”
    Home Depot “Session replay software may be used to record and replay your interaction.”
    Fred Meyer / Kroger “keystrokes, cursor movements, scrolling activity, and click-related activity.”
    Walmart, Albertsons, Safeway Not disclosed at this granularity in their current policies.
    Inferences and profilingAll six disclose inferences-from-personal-data as a category. Albertsons goes furthest: their policy lists inferences about your “purchase preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.”
    AI / ML model training on shopper dataAlbertsons / Safeway only one of the six explicitly states data is used to “train our artificial intelligence or machine learning algorithms or models (or those provided by our service providers).” The others may do so but do not disclose it in this language.
    Smart shopping carts with cameras and sensorsAlbertsons / Safeway In some locations: “You may also see smart carts in our stores, which use cameras and sensors to tally items as you grab them off the shelf and place them in your cart. As an added bonus, you can pay through the cart and skip the checkout lines.” Bend deployment of smart carts is unverified.
    Estimated per-shopper data valueAlbertsons / Safeway The December 2025 privacy policy states: “We estimate the value of consumers’ data to be, on average, approximately $4.13 per consumer in 2024.” That figure was $1.33 in the 2022 policy version — a tripling in two years.
    Inter-retailer sharingAlbertsons / Safeway California ALPR Policy: “We may also work with other retailers to keep track of organized retail crime groups… we typically share public data such as vehicle details (make, model, and color) and license plate information.” This is unusually transparent about retailer-to-retailer surveillance coordination. The other five companies do not discuss this explicitly.

    How to read this table

    The clearest pattern: facial recognition, ALPR, in-store device tracking, and inferences are now standard disclosures in major-retailer privacy policies. The companies are not hiding it. They are simply describing it in the place fewest people read.

    What the policies do not tell you is which specific Bend, Oregon stores have any of these systems deployed today. That is the next chapter of work, and it is what Oregon’s privacy law was designed to support.

    The companies are not hiding it. They are describing it in the place fewest people read.

    §03

    A short history of how Bend got here

    A short history of how Bend got here

    Three threads converge in 2025–2026: a city-government experiment with automated license plate readers, a retail-theft grant pipeline, and a national pattern of surveillance vendors quietly accumulating local footholds. The Bend story is the local edition of a story playing out in many small American cities.

    May 2025

    Bend signs a $19,900 contract with Flock Safety

    Four Flock Falcon cameras are deployed at two intersections on Highway 97. The contract is amended in July 2025 to swap them for Falcon Long Range units, adding $4,100. Total spend: $24,000, non-refundable. (See The Source, December 9, 2025.)

    November 2025

    Bend Police and Deschutes County DA open the FususCore retail grant

    Up to ten Bend retailers are invited to apply for a FususCore Device Bundle — up to four cameras, onboard storage, one-year subscription, warranty — that connects existing store security cameras to the Bend Connect platform. Funded by the Oregon Criminal Justice Commission Organized Retail Theft Grant Program. (See Central Oregon Daily, November 12, 2025; The Source Weekly, July 10, 2025.)

    January 7, 2026

    Bend City Council votes to suspend the Flock cameras

    The decision follows public concern about Flock’s national use by federal immigration agents and reports of police misuse to track romantic partners and abortion seekers in other states. Senator Wyden publicly criticizes Flock. Other Oregon cities (Woodburn, Talent) have already pulled their Flock contracts. (See OPB, January 8, 2026; The Source, January 8, 2026.)

    March 2026

    Connect Bend reaches 618 registered cameras, 174 integrated

    A year after the program’s February 2025 launch, 618 cameras are mapped in the Connect Bend registry, with 174 fully integrated via FūsusCORE devices. Over the prior year, BPD has sent 14 community-request emails through the system. The police spokesperson confirms she is “not aware of any suspect video footage related to those requests.” (See The Bulletin, March 4, 2026.)

    May 6, 2026

    Federal immigration queries on Bend’s Flock data become public

    The Source reports that federal immigration authorities made 279 queries into Bend’s Flock Safety data during the first three weeks of June 2025, due to a BPD configuration error that left the “National Lookup” reciprocal-sharing feature on by default. The audit was prompted by an Oregon Law Center FOIA request. The data sharing happened without Oregon sanctuary-law authorization. (See The Source, May 6, 2026.)

    May 20, 2026

    Bend pivots to Axon stationary ALPR

    Rather than re-up with Flock, Bend Police propose adding stationary ALPR cameras as an amendment to the existing Axon contract (in place since 2022 for body cameras, tasers, and in-vehicle ALPR). Public comment at the May 20 City Council meeting questions why a $19,000 grant would justify a quarter-million-dollar surveillance expansion without a council vote. The Council commits to a vote and public input before the add-on is finalized. (See The Source, May 20, 2026; The Source, May 21, 2026.)

    The pattern that emerges: Bend has been responsive when residents engage on a specific surveillance vendor or contract. The Flock suspension is the proof. But the retail-camera integration pathway has not been the subject of the same public scrutiny because it operates through a different door — a grant program framed as anti-theft assistance, not surveillance procurement.

    §04

    Where the data can go once it leaves the store

    Where the data can go
    once it leaves the store

    Imagine you push a cart through a Bend Albertsons or Fred Meyer or Lowe’s. By the time you reach the parking lot, a series of systems may have captured signals about you. Each of those signals can travel through more than one downstream pipeline.

    Here is what corporate policies disclose as possible destinations for the data each retailer collects.

    First-party use

    The retailer itself

    Asset protection, loss prevention, marketing, inferences about your preferences, AI/ML model training (Albertsons explicitly).

    First-party transfer

    Affiliates and subsidiaries

    Kroger’s 84.51° subsidiary aggregates and analyzes shopper data across all Kroger banners, including Fred Meyer. Albertsons Media Collective monetizes shopper data across 2,200+ stores in 35 states.

    Third party

    Advertising and data partners

    All six retailers disclose sharing inferences, online activity, location data, and commercial information with advertising and marketing partners. Most categorize this as a “sale” or “sharing” under California and Oregon law.

    Third party

    Other retailers

    Albertsons’ California ALPR Policy explicitly discloses inter-retailer ALPR sharing for “organized retail crime groups.” Auror and similar industry platforms enable the same kind of sharing.

    Government

    Local police

    All six retailers disclose discretionary sharing with law enforcement. Where a Bend retailer has joined the FususCore / Bend Connect program, that sharing happens through an integration, not a one-off request.

    Government

    Federal agencies

    Most retailers reserve the right to share when “we believe disclosure is appropriate or necessary.” The Flock controversy demonstrated that ALPR data already feeds into systems used by ICE and other federal agencies. A FususCore / Bend Connect retailer integration could create the same pathway from inside private store networks.

    An Oregon shopper’s data has a long route

    To make the data flow concrete, here is a plausible (not hypothetical) sequence based on what each step’s company says in writing:

    1. You park outside a Bend Lowe’s. The parking-lot ALPR camera records your license plate, the make, model, and color of your vehicle, and a timestamp. Retention per Lowe’s policy: 90 days, longer if necessary.
    2. You walk in. A ceiling camera captures your image. Lowe’s U.S. Privacy Statement says that in some states, recorded footage may be analyzed using “image matching and analysis technology” by Asset Protection following an incident.
    3. You connect to the free in-store Wi-Fi to look up a product price. Lowe’s collects your device usage information.
    4. You use the mobile app. Lowe’s app collects your “keystroke activity and rhythms, mouse movements, scrolling and clicks.”
    5. You buy something with a stored credit card linked to your Lowe’s account. Inferences about your project, your home, and your buying patterns join your account profile. Lowe’s reserves the right to enrich this with public-records data including property size, year built, and number of rooms.
    6. That profile is shared, for marketing purposes, with advertising partners. Under Oregon and California law, this is generally a “sale” or “sharing.”
    7. Separately, the ALPR record may be shared with law enforcement “upon appropriate request and solely in connection with criminal investigations” — per Lowe’s own ALPR Privacy Policy. If your Bend Lowe’s is one of the retailers connected to Bend Connect through a FususCore bundle, the camera footage itself becomes accessible to Bend Police through the city’s platform.

    Every one of those steps is described, in writing, in a corporate policy. None of them require malicious intent on the part of the retailer. They are the standard architecture of modern retail surveillance.

    §05

    A risk map for residents

    A risk map for residents

    Not every form of in-store data collection is equally consequential. Privacy advocacy that treats them as equivalent loses credibility quickly. Here is a rough ordering, from least to most consequential for individual rights, based on what current corporate policies disclose and what current civil-liberties literature documents about each practice.

    Lower concern

    Aggregate camera analytics

    Counting foot traffic, measuring wait times in checkout lines, detecting spills on the floor. If actually de-identified and aggregated, this is the form of in-store analytics with the smallest civil-liberties footprint.

    Lower concern

    Loyalty program purchase history

    The trade is explicit: you give up purchase data, the retailer gives you discounts. The consent is real. The risk is concentration: 84.51° and Albertsons Media Collective aggregate this across millions of households.

    Higher concern

    Mobile app precise geolocation

    Tracks where you are with the app open, sometimes also in the background. Builds a location history. Salable to data brokers in most current privacy frameworks.

    Higher concern

    Inferences and profiling

    The data is processed to predict your interests, household composition, life-event status, and propensity to buy specific categories. Used for ad targeting, but also for differential pricing.

    Higher concern

    Automated License Plate Recognition

    Builds a record of every vehicle visit to the lot, when, and how often. When shared with police, becomes a movement-tracking system for everyone, not just suspects.

    Highest concern

    Facial recognition

    Identifies you against a watchlist or database. Once your face data is captured, you cannot change it. False-positive rates are documented to be higher for Black and Asian faces. Misidentification has already led to wrongful arrests in other jurisdictions.

    Highest concern

    Retail-to-police camera integration

    Combines all of the above into a system that operates under private-actor rules (the retailer can deploy whatever it wants) but with public-actor reach (police can pull footage through the integration). Constitutional protections that constrain government cameras do not constrain private cameras that police access.

    Why the integration is the linchpin

    Each individual surveillance practice has known harms. The harms are not new, and most of them have been the subject of state-level legislative attention. What makes the Bend Connect / FususCore arrangement different is structural: it lowers the legal and procedural friction between two systems that used to be separate.

    A private retailer’s camera is bound by the retailer’s own policy. A police camera is bound by Fourth Amendment doctrine and (where applicable) state surveillance laws. When the two are merged, the retailer’s permissive rules govern the front end and the police’s broad access governs the back end. The privacy gap appears in the middle, where neither rulebook fully applies.

    The privacy gap appears in the middle, where neither rulebook fully applies.The structural problem the Bend Privacy Alliance is describing

    §06

    Oregon law is more powerful than most people realize

    Oregon law is more powerful
    than most people realize

    The Oregon Consumer Privacy Act took effect on July 1, 2024. It is enforceable only by the Oregon Attorney General — consumers cannot file private lawsuits under it — but the rights it grants Oregon residents are unusually strong, and most residents have not exercised them.

    The Oregon-distinctive right

    Oregon law gives you a right that no other US state currently gives. Under ORS 646A.574(1)(a)(B), you can require a company that processes your data to tell you, at the company’s option, either (i) the specific third parties to which it has disclosed your personal data, or (ii) the specific third parties to which it has disclosed any personal data. The company has the option of which list to provide. The right itself is not optional.

    What this means in practice: if you file an OCPA Right to Know request with a Bend Home Depot, Lowe’s, Walmart, Fred Meyer, Safeway, or Albertsons, the company must tell you who it has shared customer data with. Not just the categories. The specific names. This is the lever that turns “advertising partners” from a vague policy phrase into a concrete list you can examine.

    The four core OCPA rights

    Right to know and access Confirmation that the company processes your data, the categories it processes, and a copy of the data in a portable format. ORS 646A.574(1)(a). Right to specific third parties The Oregon-distinctive right described above. At the controller’s option, but not optional in principle. ORS 646A.574(1)(a)(B). Right to correct and delete Correction of inaccuracies, and deletion of personal data (including derived data and data obtained from other sources). ORS 646A.574(1)(b) and (c). Right to opt out Opt out of the sale of personal data, targeted advertising processing, and profiling that produces legal or similarly significant effects. ORS 646A.574(1)(d). The company must honor Global Privacy Control browser signals.

    The 45-day clock

    Under ORS 646A.576, the company has 45 days to respond. They can take a 45-day extension if they tell you why within the first 45 days. If they go silent, you can file with the Oregon AG, which has exclusive enforcement authority under ORS 646A.583.

    What sensitive data covers

    OCPA’s definition of sensitive personal data is broader than most other state laws. It includes, in addition to the usual categories (race, ethnicity, religious beliefs, health condition, sex life, citizenship, immigration status, genetic data, biometric data, precise geolocation, child data), status as transgender or non-binary and status as a crime victim. Sensitive data has heightened protections, including opt-in consent requirements.

    What it means for retail: the inference category in Albertsons’ policy — “psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes” — could, if it includes data that touches sensitive categories, trigger heightened OCPA protections. Whether it does is a question worth pressing through a Right to Know request.

    A note on what the OCPA does not do

    OCPA does not give you the right to sue the company directly. You cannot collect damages under the statute. Enforcement is by the Oregon Attorney General. This is one reason individual right-to-know responses matter so much: they create a documentary record that, if the AG eventually takes interest, can support an investigation.

    The Portland comparison

    The City of Portland prohibits private entities from using face recognition technology in places of public accommodation within city limits (Portland City Code Chapter 34.10). Bend has no equivalent. A Surveillance Technology Accountability Ordinance for Bend would be the local mechanism for closing this gap — not relying on OCPA alone, which provides individual rights but does not ban any specific technology.

    §07

    What a real surveillance accountability ordinance would do

    What a real surveillance
    accountability ordinance
    would do

    The structural argument of the Bend Privacy Alliance is that retail surveillance and public surveillance become a single accountability problem the moment they are integrated. The Surveillance Technology Accountability Ordinance and Procurement Framework already in front of the Bend City Council and Procurement Committee is one model for what such a rule could look like. The principles below are not the ordinance text; they are the policy logic the ordinance applies to all surveillance technology operated by, contracted by, or funded by the City of Bend — including FususCore integrations and retail-camera partnerships.

    Ten principles for retail-to-police camera integration

    1. Public notice before deployment. No new private camera integration into a city-managed platform without a published notice and a comment period.
    2. Council approval. City access to private camera networks requires a Council vote on the record, not an administrative grant decision.
    3. Public inventory. The City maintains and updates a public list of every retailer, business, or facility integrated into Bend Connect, FususCore, or any successor system.
    4. Retention limits. Maximum retention for any data ingested from private cameras must be defined in writing and enforced by audit.
    5. Audit logs. Every law-enforcement query against the integrated camera network is logged with a queryer ID, timestamp, and investigative justification.
    6. Named custodian. A named senior city officer is accountable for the operation of the integration, with that role published.
    7. Access controls. Training, role-based access, and removal procedures are documented and audited annually.
    8. Prohibition on face recognition. Face recognition is not deployed against integrated camera feeds without separate Council authorization following a formal procurement review.
    9. ALPR sharing limits. ALPR data is not shared with federal agencies, out-of-state agencies, or non-investigative third parties absent specific legal process.
    10. Annual transparency report. The City publishes an annual report on usage, queries, sharing events, and audit findings.

    These are the same principles that govern responsible municipal surveillance procurement in cities that have already adopted Surveillance Technology Ordinances — Oakland, Seattle, Cambridge, Nashville, San Francisco, and others. Bend has the opportunity to be the first Oregon city outside Portland to apply them comprehensively. The work in front of the Bend City Council and Procurement Committee is the vehicle.

    §08

    What you can do this week

    What you can do this week

    Most of what this piece describes can be tested by any Bend resident with a thirty-minute time investment and a willingness to wait 45 days. Here are four things that are within reach.

    Action 01

    File an OCPA Right to Know request

    Use the templates in the companion Action Toolkit to ask each of the six retailers what data they hold on you and who they have shared it with. The 45-day clock starts when they receive it. Send through their privacy portal and screenshot the confirmation.

    Action 02

    Photograph store entry signage

    Visit a Bend Home Depot, Lowe’s, Walmart, Fred Meyer, Safeway, or Albertsons. Photograph any signage at the door describing biometric capture, video surveillance, or ALPR. Note camera positions and self-checkout indicator boxes. Time and date the photos. Absence of required signage is itself a disclosure violation. Send photos to westmoreland.jonathan@gmail.com.

    Action 03

    File a Bend Police records request

    The template in the Action Toolkit asks the City of Bend for all FususCore / Bend Connect contracts, ORT grant records, retailer applications, training materials, audit logs, and communications with the six named retailers. Submit through the City’s public records portal. Request a fee waiver under ORS 192.324(5).

    Action 04

    Show up at City Council

    The next public-input opportunity on Bend’s surveillance contracts will arrive when the Axon ALPR add-on comes back for a vote. Council meetings are at City Hall, 710 NW Wall Street, typically 6 p.m. Public comment is two minutes. Written submissions in the council packet are also read.

    The toolkit and the Evidence Matrix that accompany this piece contain the legal citations, contact channels, escalation procedures, and confidence ratings for every claim made above. Use them. Verify them. Improve them. Send corrections to westmoreland.jonathan@gmail.com.

    §09

    Sources and how to verify everything in this piece

    Sources, and how to verify

    Every factual claim in this piece is traceable to a primary source: a corporate privacy policy current as of May 24, 2026, an Oregon statute or DOJ guidance page, a court docket, or local Bend reporting from named outlets. The full source ledger, with version dates, archive recommendations, and confidence ratings, is in section 9 of the companion Action Toolkit document.

    Headline citations for the claims in this piece:

    If you find an error, send a correction to the Bend Privacy Alliance at westmoreland.jonathan@gmail.com. This piece will be revised. The companion Evidence Matrix and Action Toolkit will be revised alongside it. The goal is a record that can be verified by anyone with the same documents, not an argument that depends on trust.

    6

    Retailers studied

    10

    FususCore bundles offered to Bend retailers

    45

    Days for an OCPA response

    $4.13

    Albertsons’ estimate of one consumer’s annual data value (2024)

    0

    Bend retailers publicly named as FususCore participants, to date

    The goal is a record that can be verified by anyone with the same documents, not an argument that depends on trust.

    Bend Privacy Alliance

    Civic policy and advocacy work on surveillance technology governance, consumer privacy, and civil rights in Bend, Oregon. The Alliance publishes working research, action toolkits, and investigative pieces designed to be verified by readers and improved through corrections.

    This piece is one of three companion documents on retail surveillance in Bend. The Evidence Matrix is the internal research file with confidence ratings on every claim. The Action Toolkit contains the OCPA right-to-know templates, the Bend Police public records request template, escalation language, and a full source ledger.

    Compiled May 24, 2026 · Version 1.0 · Bend, Oregon

    Verify before citing · Save sources at time of access

  • RE:Comments on Bend Police Department Policy 428 — Automated License Plate Readers

    Hi Melanie,

    Thank you for the thoughtful reply, and for offering to talk individually. I understand the public-meeting-law concern and appreciate you moving Council to BCC.

    I agree on the core points: Council does not directly manage the Police Chief or department staff, police policies are generally administrative documents, and state law applies whether or not Policy 428 restates it.

    The distinction I am trying to draw turns on a word in your own reply. You wrote that Council does not “typically” review administrative police policies. I agree — and that is the distinction. Policy 428 is not a typical administrative policy. Most department policies govern internal officer conduct. Policy 428 governs a public-facing surveillance system: the collection, retention, sharing, auditing, and oversight of automated license plate reader data associated with members of the public, most of whom are not suspected of anything. A policy that determines how the City collects, stores, shares, and may search time-and-location data associated with ordinary residents’ vehicles feels like a matter of public governance and civil liberties, not only day-to-day administration.

    In looking at how the Charter and Code address this kind of question, a few provisions seemed relevant and I wanted to flag them for the conversation. Charter Section 6 vests all powers of the City in the Council except as the Charter provides otherwise, and Section 5 directs that the Charter be liberally construed so the City may exercise its powers fully. Bend Code 1.30.005(E) requires the City Manager’s regulations, policies, and guidelines to be consistent with the Charter, the Bend Code, and Council ordinances, and 1.30.005(C) provides a mechanism for Council review of a City Manager regulation, either on its own motion or on petition of any person within 30 days of first public posting. I’m not assuming Policy 428 falls within (C) — the Code doesn’t define “regulation,” and I’d genuinely value the City’s view on that. But it does seem like the kind of question worth understanding the answer to, given the public-facing nature of what 428 governs.

    A couple of things I’d appreciate your thoughts on whenever we talk: how the City thinks about whether a public-facing surveillance policy like 428 falls within 1.30.005(C), and whether there’s a sense of when Council might see the Policy 428 framework — and any related safeguards — in a public setting. I appreciate your clarification that any new fixed-ALPR use will require a contract that comes before Council with public comment, and that’s helpful. My remaining concern is sequencing: by the time a contract reaches Council, the governing framework may already be largely set by the department policy and the vendor’s terms. Seeing the policy framework publicly before or alongside any such contract would let the community weigh in while the rules can still be shaped.

    That same reasoning is why I raised the surveillance-technology procurement and oversight ordinance in my original letter. Adopting an ordinance is legislation, squarely Council’s role, and it would set clear public rules up front rather than handling each issue ad hoc after it becomes a controversy. I’d love to discuss that on the call as well, if you have time.

    My schedule is pretty flexible for the next week or so — if you can send a couple of times that work for you, I can accommodate. Thank you again for engaging with this so seriously.

    Best,
    Jonathan Westmoreland

  • Why Bend Needs Rules for Surveillance Technology Before It Buys More

    Most people don’t think much about how the City buys technology. But some of the tools cities now use — cameras, license plate readers, drones, data dashboards — can quietly record where you go, who you’re with, and what you do, long before anyone suspects you of anything. Once a city owns a system like that, what it can do tends to grow over time through software updates and new features, often without anyone outside the vendor noticing.

    I’ve submitted two documents to the Bend City Council that are meant to put residents back in control of that process: a Surveillance Technology Accountability, Privacy, and Civil Rights Ordinance and a companion Surveillance Procurement and Contracting Framework. Here’s what they would actually do for the people who live here.

    You get a say before the City buys surveillance tools

    Under the proposed ordinance, no City department could acquire, borrow, pilot, subscribe to, or deploy surveillance technology without prior City Council approval at a public hearing — with the required reports released at least 30 days in advance so residents can read them and weigh in. That approval has to be specific: approving one tool doesn’t automatically approve another, approving hardware doesn’t approve hidden software features, and any ambiguity is resolved in favor of requiring public approval. The decision about whether Bend adopts a surveillance tool belongs to the community and its elected representatives — not to a vendor’s sales pitch or a quiet administrative purchase.

    Surveillance can’t quietly expand after it’s approved

    One of the biggest real-world risks is “mission creep” — a system bought for one narrow purpose gradually gaining new powers through updates, add-on analytics, or AI modules. The ordinance treats any meaningful expansion as a “material change” that requires fresh public approval, and it specifically says automatic, vendor-pushed, or bundled updates can’t switch on capabilities the public never approved. A camera approved as a camera doesn’t silently become a facial-recognition system.

    Protected and private activities are shielded

    The ordinance bars using surveillance to monitor or map constitutionally protected activity — protest, worship, journalism, labor organizing, political activity, legal advocacy — absent a warrant. It also protects “sensitive locations”: medical and reproductive care facilities, addiction-treatment centers, domestic-violence shelters, immigration legal-aid offices, libraries, newsrooms, polling places, and places unhoused residents rely on for shelter and survival. The City couldn’t build registries, heat maps, or profiles tracking unhoused people or anyone’s visits to these places.

    Your data can’t be sold or fed to corporate AI

    The rules prohibit the City — and its vendors — from selling, renting, or commercially exploiting surveillance data, and from using residents’ data to train or improve a vendor’s products or algorithms. They also bar using City surveillance for civil immigration enforcement except where the law specifically requires it. Data collected about Bend residents stays in service of Bend residents.

    The City — not a private company — holds the keys

    A system being “encrypted” doesn’t mean it’s secure if the vendor can still read the data. The ordinance requires that sensitive stored police data use “Exclusive Agency Key Control,” meaning no vendor, cloud host, or subcontractor can unilaterally decrypt it. License plate data that isn’t a hit gets automatically deleted within 72 hours, hot-list entries expire quickly, and bulk databases can’t be kept around for speculative future use.

    Real accountability you can check

    Every access to sensitive surveillance data has to be logged. High-risk programs get independent annual audits, and the City must publish an annual public report covering how often tools were used, how many searches were run, any misuse or breaches, and any expansions proposed or discovered. There’s a public complaint process, automatic suspension when something goes seriously wrong, and a hard rule that no existing contract is grandfathered in forever — legacy systems have to be brought into compliance or discontinued.

    The companion framework makes the promises stick

    Strong policy can still be undermined by weak contract language buried in vendor agreements. The Procurement and Contracting Framework translates these principles into the actual contracts: baseline terms requiring City ownership of data, no secondary vendor use, no silent feature activation, audit rights, deletion certification, and renewal conditioned on compliance — with even stronger terms for high-risk technologies. It also gives the City practical tools to review the contracts it already has, so the protections aren’t just aspirational.

    The bottom line

    None of this stops Bend from using technology that genuinely serves public safety. What it does is make sure that when surveillance tools are used, the public knew about it, approved it, can see how it’s working, and can shut it down if it’s misused. It puts residents — not vendors, and not default settings — in charge of decisions that affect everyone’s privacy and civil liberties.

    Read the full proposals

  • RE:Comments on Bend Police Department Policy 428 — Automated License Plate Readers

    Hi Jonathan,

    The City Council does not typically review administrative polices of the police department, as we are not direct managers of the police department nor any other staff other than the City Manager. This is why I forwarded your feedback to the Chief. Also, it’s not possible to really engage in discussion and deliberation with you over email with all of us included as that would violate public meeting laws. I’m happy to give you a call to discuss more individually. I am moving Council to BCC to avoid further group emails at this point.

    Some other clarifications:

    Any new use of fixed ALPR will require a contract, that contract will come before Council at a public meeting at which public comment will be available, and discussion can be had at that time of whether Councilors want to support such a contract or not. Written comments from the public on items of general interest are received directly to us via email to Councilall@bendoregon.gov – unless it is a land use public hearing our staff typically do not compile comments for the agenda packet but we see them in our email.

    On policy 428 – as is the case with many administrative or city policies that are governed by state law, it is not necessary to copy the exact, full language of the statute into our policy. The state law will always apply, even if our policy does not incorporate each and every word. Admin policies guide our departments and are operational documents – they do not replace or override state laws and statutes, which always apply.

    Please let me know if you’d like to chat further and I can give you a call.

    Thanks,

    Melanie

  • RE:Comments on Bend Police Department Policy 428 — Automated License Plate Readers

    Hi Mayor Kebler and Councilors,

    Thank you for confirming receipt, and for ensuring the comments reach Chief Krantz. I appreciate it.

    I do want to clarify that several of my asks are Council-level governance questions rather than only Department policy edits. Specifically, I am asking whether Council will require public review before treating Policy 428 as sufficient ALPR governance, and whether Council will direct that no new ALPR system, renewal, expansion, or feature activation move forward until the policy is amended.

    Since Councilors are copied on this thread, I want to be clear that the three asks in my letter are addressed to Council as a body. They concern public oversight and governance, not only edits to Department policy, and I would welcome any response from Councilors.

    I would also appreciate understanding the City’s process for written public comment on Policy 428 or future ALPR use. Will written comments be included in the Council packet for the meeting where this comes up, or distributed to Councilors individually?

    I have not seen Policy 428 on a published agenda yet, and I would like to be there in person for public comment if and when it comes up.

    Thank you again.

    Jonathan

  • RE:Comments on Bend Police Department Policy 428 — Automated License Plate Readers

    Thank you Jonathan, I will make sure your specific comments are forwarded to Chief Krantz for consideration regarding department policy 428.

    Thanks,

    Melanie