22 • May 6 - 19, 2016 • The Log


Big Brother From page 21


a substantial quantum of intimate information about any person whom the government, in its unfettered dis- cretion, chooses to track — may ‘alter the relationship between citizen and government in a way that is inimical to democratic society.’” Sotomayor added our existence in the digital age might now negate any notion of sacrifi cing reasonable expectations to privacy based upon the voluntary disclosure of information to third parties. “It may be necessary to reconsider


the premise that an individual has no reasonable expectation of privacy in


information voluntarily disclosed to third parties. This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks,” Sotomayor wrote. She added the voluntary broad- cast of information for a very specifi c purpose does not invalidate all privacy protections. Accordingly the Coast Guard and


Department of Homeland Security can collect a vessel’s data as part of the NAIS program but only in the con- text of using the information for safe navigation. Boaters, according to U.S. vs. Jones, could still have an expecta- tion of privacy despite the informa-


tion they might broadcast, despite the Department of Homeland Security’s policy memo.


License Plate Readers San Diego Harbor Police


Department’s policy manual fea- tures a section on Automated License Plate Readers (ALPRs). The technol- ogy is also known as License Plate Recognition and, according to Harbor Police, would be used for identifying stolen or wanted vehicles or other law enforcement purposes. “ALPRs may also be used to gather


information related to active warrants, homeland security, electronic surveil- lance, suspect interdiction and stolen


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property recovery,” the policy manual stated.


Any data collected by the technol- ogy is not available for public review, the policy continued. “The [License Plate Reader] system exists for the sole purpose of assisting law enforcement offi cers with ongoing criminal investigations and only for authorized public safety purposes,” the Harbor Police policy manual added. Last year city offi cials in Oceanside


considered installing license plate readers at the local harbor as part of Operation Stonegarden, a federal program under the Department of Homeland Security monitoring drug and traffi cking activity. Sometimes drugs and humans are illegally smuggled into the U.S. through one of California’s harbors or ports. However nothing ever came of the plan, accord- ing to a city offi cial. The city’s police department has a license plate reader policy, available online, similar to the one used by the San Diego Harbor Police Department, though it references ALPRs installed on the dashboards of squad cars.


Balancing Act Installing a NAIS transmitter on


your boat ultimately comes with a bal- ance of costs and benefi ts. Joining the NAIS grid does provide a


real safety need and benefi t, according to BoatUS Government Affairs Senior Program Manager David Kennedy. A transponder, for example, could be used by a recreational boater, navigat- ing from King Harbor to Avalon in the fog, whether there are any tankers immediately ahead of them but cannot see.


However, using a transponder usu- ally comes at the expense of maintain- ing privacy. “It’s this interesting balance,”


Kennedy said. “Ultimately you are making a broadcast when you do this. Anyone can pick it up.” A recreational boater must ulti- mately ask whether the concerns of privacy outweigh safety benefi ts derived from a NAIS transponder. “Just realize the information is going to be collected,” Kennedy said, adding the Coast Guard can easily pick up what is transmitted, keep the informa- tion long-term, and share it with state, regional or local agencies. Kennedy added BoatUS regularly engages with the Coast Guard and other agencies to ensure the NAIS program focuses strictly on safety and does not violate the privacy rights of boaters. He also reminded boats they can also be monitored when entering into a National Marine Sanctuary. Just the same government offi cials can keep an eye on vessels with something as simple as binoculars. The NAIS program is not the only way local, state and federal offi cials can keep tabs on boaters. Fortunately boaters have protections so long as they stay informed and understand their rights.


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