Marketplace Tech How government uses "surveillance as a service" to collect data
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Mar 2, 2026 Jeramie Scott, senior counsel directing Surveillance Oversight at EPIC, studies government surveillance and data brokers. He breaks down how agencies obtain private consumer data, from subpoenas to buying surveillance-as-a-service like license-plate networks. He explores legal gaps, the weakening of Fourth Amendment protections, and proposals to limit mass surveillance.
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How Government Gets Private Data
- Much government-collected personal data originates from private companies rather than direct government surveillance.
- Jeramie Scott explains DHS uses subpoenas, buys data from brokers, and accesses surveillance-as-a-service like license plate reader databases.
Surveillance As A Service Exists Today
- Companies sell surveillance-as-a-service, building broad infrastructures that law enforcement can query.
- Scott cites license plate reader firms like Flock aggregating location data and selling access plus analytic tools to DHS and ICE.
Third Party Doctrine Undercuts Warrant Requirement
- Courts have allowed the government to sidestep warrants when data is held by third parties.
- Scott references Smith v. Maryland as the precedent treating shared data as losing Fourth Amendment protection.