A bill to combat organized retail theft has gained widespread support on Capitol Hill, but opponents are raising concerns that it could lead to a significant expansion of surveillance by Immigration and Customs Enforcement (ICE).
Concerns Over Surveillance
Critics argue that the Combating Organized Retail Crime Act (CORCA) would establish a surveillance network that could be used to target individuals and communities. Nina Patel, senior policy counsel at the American Civil Liberties Union (ACLU), warned that the bill's design 'creates a very large and very dangerous surveillance network'.
Jina John, Patel's colleague at the ACLU, noted that the bill inadequately defines key terms, such as 'organized retail crime' and 'retailers', which could lead to the sharing of sensitive data among law enforcement agencies. 'The data sharing is for any threats related to retail and supply chain crime. That's it, just: threats,' John said.
ICE's Role in Surveillance
The bill would create an Organized Retail and Supply Chain Crime Coordination Center within ICE's Homeland Security Investigations division. Opponents argue that this would give ICE access to retail surveillance, including data from surveillance cameras, Flock cameras, and automated license plate readers.
Spencer Reynolds, senior counsel at the Justice in Public Safety Project at the NAACP Legal Defense and Education Fund, warned that the fusion center at ICE has already collated sensitive data, including cell phone location and health information. Adding retail data to this center would only exacerbate the problem, he said.
Support for the Bill
Despite the concerns, the bill has gained significant support from lawmakers and industry groups. Senate Judiciary Chairman Chuck Grassley (R-Iowa) argued that the bill is necessary to combat the growing threat of organized retail crime, which he described as a 'deadly, multi-jurisdictional threat' to American lives and the economy.
Alex Rosen, legislative director at the American Trucking Associations, disputed the claims that the bill would increase government surveillance. 'The idea that this would somehow give the government more authority to surveil Americans is crazy because nowhere in the text does it say that,' she said.
The Future of the Bill
The bill passed the House in June with a vote of 348-60 and is currently being considered for inclusion in the annual defense policy bill. Supporters are optimistic that the bill will become law, citing the wide bipartisan support and the need to combat organized retail crime.
Kristina Roth, senior policy associate at the NAACP LDF, noted that some lawmakers who sponsored the bill voted against it on the floor, indicating that they may be becoming more educated on the issue. However, opponents are vowing to continue their efforts to defeat the bill, citing concerns over surveillance and the lack of accountability within ICE.
What is really disturbing about this bill is the way it's been presented to a number of legislators, and it keeps getting this moniker of being a bipartisan bill. But I think few people recognize just how much power is being given to ICE, the complete lack of accountability from DHS and ICE under this administration and in the past, and empowering them to reach into Main Street and into consumer spaces.
Nina Patel, senior policy counsel at the ACLU, emphasized that there is still much work to be done to raise awareness about the bill's potential risks. As the bill moves forward, it is likely to face continued opposition from civil liberties and civil rights groups.
Source: CyberScoop