The use of mass surveillance systems within the state of New Mexico is egregious and improper. Corporations such as Flock Safety represent an existential threat to the privacy and safety of New Mexicans. The use of such systems by outside states such as Texas to surveil and monitor New Mexicans is a fundamental fourth amendment violation. Additionally, the use of mass surveillance systems such as the ones deployed by Flock Safety qualifies as stalking under NMSA 1978, § 30-3A-3(B)(2). Flock Safety and other mass surveillance groups meet the following thresholds:

1.       A qualifying pattern of conduct

a.       Mass Surveillance corporations that deploy large scale monitoring systems, by definition, are meant to monitor, surveil and track people.

2.       Known participation by the accused

a.       These corporations have a described intent to monitor and surveil individuals, showing they knowingly participate in tracking.

3.       The required intent to cause fear or apprehension

a.       Flock Safety has repeatedly accused those that are against mass surveillance of being “terroristic.” This marker creates an atmosphere of fear that speaking out against inappropriate surveillance will result in legal problems and reputational harm. Additionally, Flock Safety contracts allow the company to have broad use of collected data, with little legal oversight. This creates an ever-present concern of misuse and abuse.

4.       Conduct that would frighten, intimidate, or threaten a reasonable person

a.       Flock Safety data has been used by law enforcement and other officials to monitor and track those attending protests, demonstrations or exercising their free speech. This first amendment violation and government misuse is enabled by inappropriate surveillance by companies such as Flock Safety.

Therefore, the State Government of New Mexico should perform and enact the following to protect New Mexicans from this stalking and constitutional violation.

1.       Ban the use of mass surveillance systems such as ALPR cameras or other video or data monitoring systems that are within the public domain.

2.       Ban the operations of any company or corporation seeking to pursue mass surveillance technologies.

3.       Create legal frameworks to undo the mass surveillance of individuals using personal digital technologies such as cell phones.

4.       Charge Flock Safety executives with criminal stalking and create new legal language that implements a 20-year prison sentence for the mass collection of New Mexican data by corporations. Mass Surveillance Corporations do not have citizens interests at heart; they are solely profit driven. This should not come at the cost of New Mexican civil rights, and this should be harshly enforced by the state.

5.       Sue Flock Safety for the deletion of all direct and associated data of New Mexicans within their databases under the argument it is a fourth amendment violation and stalking under New Mexican law.

6.       If the Federal Government attempts to intervene on behalf of Flock Safety ready State Government legal teams to sue on Constitutional Fourth Amendment grounds.

New Mexicans deserve better out of their government. The Government of New Mexico has a duty to protect the reasonable expectation of privacy. Currently the State of New Mexico has failed to address this egregious violation of civil rights, and it has a duty to stand up for New Mexican citizens. This petition seeks to address this and present this as a common concern to the State Government so that New Mexicans may feel a sense of safety in the state.