A California judge has ordered the termination of a decade-long surveillance initiative in Sacramento, where the city’s utility provider, Sacramento Municipal Utility District (SMUD), shared detailed smart-meter data with police to detect cannabis cultivation. The court ruled that the program violated state privacy laws, which prohibit the release of residents’ electrical consumption data without clear suspicion of criminal activity. The surveillance, which involved analyzing the energy patterns of 350,000 residents to identify potential cannabis grows, was found to be an unconstitutional dragnet practice lacking any evidence of specific crimes.
The court’s decision emphasized that the program was not part of a traditional law enforcement investigation, as it systematically scanned all customers without targeting any individual. The ruling pointed to the broader implications for data privacy, especially in the context of smart-meter technology. The court stated that SMUD and law enforcement had developed a relationship that went beyond that of a utility provider and law enforcement, indicating a long-standing collaboration that lacked proper oversight. This collaboration led to more than 33,000 tips about households with high electricity usage being passed to police throughout the years.
The case was brought by the Electronic Frontier Foundation (EFF) and its co-counsel, who represented three petitioners: the Asian American Liberation Network, Khurshid Khoja, and Alfonso Nguyen. They argued that the program had created numerous privacy risks, including the criminalization of innocent individuals, the creation of intimidating encounters with law enforcement, and disproportionate harm to the Asian community. The court agreed, finding that SMUD had violated its confidentiality obligations under data privacy statutes. The ruling sends a clear message to public utilities in California that they cannot disclose customer data to law enforcement without specific evidence of a crime.
Looking forward, the decision underscores the need for stronger data protection measures and increased oversight of public utilities’ interactions with law enforcement. The ruling highlights the potential risks of unregulated surveillance, particularly in the context of emerging technologies like smart meters. As the case sets a legal precedent, it may influence similar programs in other states or regions, prompting a reevaluation of how data is handled and shared between utility providers and law enforcement agencies.