Twenty states and the District of Columbia sued to overturn FinCEN rules exempting U.S. companies from reporting their owners under the Corporate Transparency Act. The states call it a repeal by rulemaking, and Treasury says it relieves small businesses.
Role at the time: ACLU privacy analyst writing under his own byline
Challenged the characterization
Statement summary
Stanley disputes assurances that police drone use remains narrow.
“That's just not accurate. There are several problems with the claim that police drone use is "narrow and precise."”
Open source (opens in a new tab)Police Promise That Drone Use Will be Narrow; Be Skeptical · American Civil Liberties UnionPassage following the Skydio quotation and examples of patrol and event monitoring
What this label refers to
Relative to police drone deployment, Stanley disputes the description of its scope as narrow and emergency-led, citing patrols and event monitoring.
Role at the time: Independent write-in candidate for governor of Idaho, in an emailed statement
Condemned
Statement summary
Jacob Burnett, an independent write-in candidate for governor of Idaho, told Dispute Index by email that license plate camera systems such as Flock's should be done away with, especially for predictive crime analytics. If the systems are used, he said, access should require a warrant and data should be stored on the cameras rather than viewable remotely.
Quotation excerpt
“The systems themselves can be modified to prevent nearly all abuse and be made more secure by requiring warrants for access or follow through on any data the systems collect and have all data stored on the hardware itself preventing viewing…”
Read full quotation
“The systems themselves can be modified to prevent nearly all abuse and be made more secure by requiring warrants for access or follow through on any data the systems collect and have all data stored on the hardware itself preventing viewing from remote locations, requiring strict login credentials and a connecting warrant number to access. These are common sense changes that if the systems are to be used I feel could correct a lot of abuse or privacy concerns but I also feel the systems should be done away with overall, especially in the realm of predictive crime analytics.”
Read the full email
I apologize for the delay in my response. I have a lot of issues with flock and public surveillance in general, I have made a statement about this previously on my campaigns Facebook page linked here; https://www.facebook.com/share/p/1FfSFY2kvS/
I'll expand further by saying the warrantless spying of citizens is something that is highly problematic to put it lightly and something I feel to be unconstitutional at the least. The technology is something that has far to many ways it can and has been exploited and abused as well as instances of extreme error in the data it gives. It's a tool that goes against the freedom and independence this country stands for and is an insult to our forefathers. The fact that these systems are being implemented with little to no public discussion or vote is another abuse of power by the representatives in charge of these decisions. The systems themselves can be modified to prevent nearly all abuse and be made more secure by requiring warrants for access or follow through on any data the systems collect and have all data stored on the hardware itself preventing viewing from remote locations, requiring strict login credentials and a connecting warrant number to access. These are common sense changes that if the systems are to be used I feel could correct a lot of abuse or privacy concerns but I also feel the systems should be done away with overall, especially in the realm of predictive crime analytics. I feel real human engagement and interaction between the police and the communities they serve builds bonds and trust that yield much stronger results in crime reduction, case resolution, and overall public safety.
If you'd like further comment feel free to reach out Ive been rather busy lately and so I do apologize again for the delayed response but thank you so much for taking the time to reach out and let me voice my stance on this issue.
-Jacob Burnett
Emailed statement from Jacob Burnett to Dispute Index on license plate cameras · Jacob BurnettEmailed statement from Jacob Burnett, October 30, 2026 (UTC).
What this label refers to
The reference point is whether networked license-plate reader systems such as Flock should exist and be used. Burnett says the systems should be done away with overall and calls warrantless surveillance unconstitutional, so we labeled it Condemned. He offers warrant and storage requirements only as changes if the systems are to be used, which does not soften that opposition. On the remedy ladder this is Ban or remove, the strongest step he firmly backs.
Bower argues that an answer about a hypothetical laptop cannot establish the alleged false statement. She says the agent acknowledged the hypothetical question while maintaining his accusation. This is her assessment of that exchange, not a ruling on every charge.
“it's clear that that cannot be a false statement”
Parloff argues that some alleged false answers were truthful or ambiguous. He also says other examples look difficult on their face. He does not describe every accusation as disproved.
“there's stuff that I think is just black and white innocent”
Role at the time: Reason contributor and legal commentator
Condemned
Statement summary
Etelson argues that being deemed an applicant for admission does not necessarily mean someone is still seeking admission. He notes that Judge Dana Douglas used the same textualist principle in a similar Fifth Circuit case. His column addresses the related Second Circuit appeal.
“the administration's argument asks the Court to stretch federal law beyond its reasonable limits.”
Open source (opens in a new tab)Etelson criticizes the textual basis for mandatory detentionSigned Reason column; textual distinction and discussion of the Fifth Circuit dissent
What this label refers to
The author opposes denying a bond hearing under the same mandatory-detention policy.
Role at the time: Independent candidate for governor of Tennessee, in an email to Dispute Index
Condemned
Statement summary
Dean Brewer, an independent candidate for governor of Tennessee, said in an email to Dispute Index that he believes Flock cameras should be banned.
“I believe flock cameras should be banned.”
Read the full email
I believe flock cameras should be banned.
Emailed statement from Dean Brewer to Dispute Index on license plate readers · Dean BrewerEmailed statement from Dean Brewer, October 28, 2026 (UTC).
What this label refers to
The reference point is whether networked license-plate reader systems such as Flock should exist and be used. Brewer says Flock cameras should be banned, which rejects the systems outright. That fits Condemns, on the Ban or remove step. His reply is one sentence and names no exception.
Role at the time: Independent journalist writing as emptywheel
Challenged the characterization
Statement summary
Writing after the first day of the preliminary hearing, Wheeler argues that the case against Floris treats criminal and counterintelligence investigations as the same thing. She says Benavides is differently situated.
“The claims Floris lied are pretty much entirely manufactured, created by treating criminal investigations and counterintelligence investigations as the same thing.”
Open source (opens in a new tab)How Jeanine Pirro Offered Up Evidence to Indict Kash PatelSection on the cross-examination by Benavides's lawyer
What this label refers to
The reference point is the alleged knowing and material false testimony. Wheeler disputes the basis of the accusation against Floris and says the case against Benavides turns on intent and materiality.
Role at the time: California attorney general, in a press release announcing the lawsuit
Condemned
Statement summary
California Attorney General Rob Bonta says Congress passed the Corporate Transparency Act with bipartisan support because law enforcement needed an additional tool to root out illegal financial transactions and corruption.
“Congress passed the Corporate Transparency Act with bipartisan support because it understood law enforcement needed an important additional tool to root out illegal financial transactions and corruption.”
The case concerns the Treasury rules exempting domestic companies from beneficial ownership reporting. Bonta calls the rollback unlawful and says Congress meant the law as a tool for law enforcement, which condemns the policy under scrutiny.
Role at the time: New York attorney general, in a press release announcing the lawsuit
Condemned
Statement summary
New York Attorney General Letitia James says the Trump administration is gutting a federal law that forces shell companies out of hiding and helps law enforcement track down stolen funds, as New York joins the lawsuit against the Treasury rule.
“The Trump administration is gutting a critical federal law that forces these companies out of hiding and helps law enforcement track down stolen funds.”
The case concerns the Treasury rules exempting domestic companies from beneficial ownership reporting. James says the administration is gutting the law and joins the suit to block the rule, which condemns the policy under scrutiny.
Role at the time: U.S. representative for Georgia's 1st district, in an emailed statement from his office
Mixed or conditional
Statement summary
Rep. Buddy Carter of Georgia said in a statement sent by his office that license plate recognition cameras such as Flock's "can provide valuable investigative tools" but have "raised important questions about privacy and government oversight." He said that as the systems spread, it is important to balance public safety with "appropriate safeguards that protect individual privacy."
Quotation excerpt
“Technologies like license plate recognition cameras can provide valuable investigative tools, but they have also raised important questions about privacy and government oversight. As these systems become more common, it is important to…”
Read full quotation
“Technologies like license plate recognition cameras can provide valuable investigative tools, but they have also raised important questions about privacy and government oversight. As these systems become more common, it is important to balance public safety with appropriate safeguards that protect individual privacy.”
Read the full email
Flock Safety cameras are license plate recognition cameras used by state and local law enforcement agencies to assist in criminal investigations. Unlike traditional traffic cameras, these systems capture license plate information, along with a vehicle's make, model, color, and the time and location where it was observed. Many communities use this technology to help locate stolen vehicles, identify suspects, and investigate serious crimes.
In Georgia's First Congressional District, law enforcement agencies work hard every day to keep our communities safe. Technologies like license plate recognition cameras can provide valuable investigative tools, but they have also raised important questions about privacy and government oversight. As these systems become more common, it is important to balance public safety with appropriate safeguards that protect individual privacy.
Emailed statement from Rep. Buddy Carter's office to Dispute Index on license plate readers · Earl L. "Buddy" CarterEmailed statement attributed to Rep. Buddy Carter, sent by Communications Director Preston McGee, October 27, 2026.
What this label refers to
The reference point is whether networked license-plate reader systems such as Flock should exist and be used. Carter calls the cameras valuable investigative tools and does not call for ending or restricting them, but says their spread has raised questions about privacy and oversight and that public safety should be balanced with safeguards that protect privacy. Backing continued use with general safeguards fits Mixed or conditional.
Role at the time: Senior political correspondent at National Review, in his Morning Jolt newsletter
Challenged the characterization
Response to this claim
Federal officials' statements and actions about deploying ICE and other armed federal agents near polling places intimidate voters and violate Section 11(b) of the Voting Rights Act.
“There’s a lot of fear that the 2026 midterm elections will be disrupted by some authority, either federal or local, harassing and intimidating voters, seizing ballots, or closing polling places. That fear, so far, appears unfounded.”
Open source (opens in a new tab)The Phantom Voter-Intimidation Threat · National ReviewNewsletter, opening and section 'Ballot-Box Scare Tactics'
Why we used this label
Relative to the administration's position that ICE may go to polling places for threats or warrants, Geraghty disputes the claim that federal agents are intimidating voters, saying the fear has not been borne out. He does not defend agents at the polls, and he criticizes remarks by Steve Bannon and President Trump.
James says armed federal agents are not allowed at New York polling places and that no one can use a badge, a weapon or a threat to stop someone from voting.
“I want New York voters to know the law is on their side. Armed federal agents are not allowed at polling places, and no one can use a badge, a weapon, or a threat to stop you from voting.”
The matter under scrutiny is allowing armed federal agents, including immigration agents, at or near voting sites. James says state and federal law bar their presence and urges voters to report intimidation.
Role at the time: Nikki Floris's legal team, in a statement provided to CBS News
Challenged the characterization
Statement summary
Floris's legal team says prosecutors filed an unsigned and unsworn complaint overnight that tries to fix the original charge and adds a new charge just as meritless as the first.
“In the middle of the night, the government filed an unsigned and unsworn complaint attempting to fix the issues with their original charge against Ms. Floris and adding a new charge just as meritless as the first one”
Open source (opens in a new tab)Judge rejects unsworn superseding complaint against former FBI officialsCourtroom report and joint defense statement
What this label refers to
Floris's legal team challenges the merits of the charges. Calling them meritless disputes their legal basis without expressly denying each alleged answer.
Role at the time: Justice Department spokesperson, in a statement to NBC News
Defended or excused
Statement summary
A Justice Department spokesperson says the filing against Comey was meant to pause the statute of limitations and that filing a criminal information for that purpose is a widely recognized practice approved by multiple federal appeals courts.
“Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals.”
The case concerns the Justice Department's new charges against Comey. The department's spokesperson calls the way prosecutors filed them a widely recognized practice approved by appeals courts, which defends the prosecution under scrutiny.
Role at the time: Constitution Party candidate for governor of Idaho, in an email to Dispute Index
Condemned
Statement summary
Pro-Life, a candidate for governor of Idaho, said in an email to Dispute Index that he is "for the banning of Flock cameras" and is asking the Idaho Legislature to ban them by law.
“As a Governor candidate in Idaho 2026, I am for the banning of Flock cameras. I am asking the Idaho legislature to ban them by law.”
Read the full email
As a Governor candidate in Idaho 2026, I am for the banning of Flock cameras.
I am asking the Idaho legislature to ban them by law.
Emailed statement from Pro-Life to Dispute Index on license plate readers · Pro-LifeEmailed statement from Pro-Life, October 26, 2026 (UTC).
What this label refers to
The reference point is whether networked license-plate reader systems such as Flock should exist and be used. Pro-Life says he supports banning Flock cameras and is asking the Legislature to ban them by law, which rejects the systems outright. That fits Condemns, on the Ban or remove step.
Role at the time: U.S. representative and signatory to the October 26 letter
Condemned
Statement summary
Ayanna Pressley signs a joint letter opposing the search of Omar's home. The lawmakers call it political interference and demand that DOJ and DHS refrain from further actions that could affect the upcoming election.
“Action: Signed the October 26, 2026, letter opposing the search of Representative Ilhan Omar's home and demanding that DOJ and DHS refrain from further actions that could affect the election.”
The case concerns the federal search of Omar's home and allegations of political targeting. Signing a letter expressly opposing the search condemns the conduct at issue.
Role at the time: U.S. representative and signatory to the October 26 letter
Condemned
Statement summary
Greg Casar signs a joint letter opposing the search of Omar's home. The lawmakers call it political interference and demand that DOJ and DHS refrain from further actions that could affect the upcoming election.
“Action: Signed the October 26, 2026, letter opposing the search of Representative Ilhan Omar's home and demanding that DOJ and DHS refrain from further actions that could affect the election.”
Read the official statement (opens in a new tab)Jayapal, Raskin, Thompson, Garcia, Clarke and Casar lead opposition to the Omar searchOpening paragraphs naming the co-leaders and quoting their letter
What this label refers to
The case concerns the federal search of Omar's home and allegations of political targeting. Signing a letter expressly opposing the search condemns the conduct at issue.
Role at the time: U.S. representative and signatory to the October 26 letter
Condemned
Statement summary
Yvette Clarke signs a joint letter opposing the search of Omar's home. The lawmakers call it political interference and demand that DOJ and DHS refrain from further actions that could affect the upcoming election.
“Action: Signed the October 26, 2026, letter opposing the search of Representative Ilhan Omar's home and demanding that DOJ and DHS refrain from further actions that could affect the election.”
Read the official statement (opens in a new tab)Jayapal, Raskin, Thompson, Garcia, Clarke and Casar lead opposition to the Omar searchOpening paragraphs naming the co-leaders and quoting their letter
What this label refers to
The case concerns the federal search of Omar's home and allegations of political targeting. Signing a letter expressly opposing the search condemns the conduct at issue.
Jay Stanley is a senior policy analyst with the ACLU Speech, Privacy, and Technology Project. He researches surveillance and civil liberties and edits the ACLU Free Future blog. Before joining the ACLU in 2001, he researched internet policy at Forrester. He graduated from Williams College and holds a master's degree in American history from the University of Virginia.
Jacob Burnett is an Idaho political candidate from Middleton who is self-employed. He is an independent write-in candidate for governor in the 2026 election.
Roger Parloff is a senior editor at Lawfare and a journalist based in Washington, D.C. He previously served as the main legal correspondent at Fortune. A former practicing attorney, he is the author of Triple Jeopardy, a book about an Arizona death-penalty case.
Ronald S. Safer is a partner at Riley Safer Holmes & Cancila. His practice includes civil litigation, criminal defense and internal investigations. He previously led the criminal division of the U.S. Attorney's Office in Chicago and studied at the University of Pennsylvania and Georgetown University Law Center.
Mary Dohrmann is a principal at Washington Litigation Group and a former federal prosecutor. She served in the U.S. Attorney's Office for the District of Columbia and the Justice Department's special counsel office. She holds degrees from Yale University, the University of Pennsylvania and Columbia Law School.
Anna Bower is a senior editor at Lawfare, where she reports on courts and litigation. She holds law degrees from the University of Cambridge and Harvard Law School and writes Slip Opinion, a newsletter about law and legal news.
Jeremy Etelson is a writer and legal commentator based in Washington, D.C. He holds a law degree from George Washington University and previously served as a judicial law clerk in Maryland. His writing has appeared in Reason, The Hill and the Washington Examiner.
Marcy Wheeler is an independent journalist who writes about national security and civil liberties at emptywheel.net. She began blogging full time in 2007 and has contributed to publications including Motherboard, The New Republic and Al Jazeera. Her book Anatomy of Deceit examines the CIA leak investigation. She holds a doctorate from the University of Michigan, where she studied the feuilleton newspaper form.
Kevin C. Riach is a Minnesota attorney who represents clients in criminal matters. He practices through the Law Office of Kevin C. Riach and was admitted to the Minnesota bar in 2008.