★ Independent, reader-supported & ad-free · Watching the watchers in all 50 states ★ Support Us
Watch · Our Take

DOJ's EZLynk Case: Your Data Privacy Under Threat #shorts

Loyal Moses · 5 months ago

The short version: A DOJ case over EZLynk shows the government arguing that clicking 'I agree' on terms of service can substitute for a warrant — a theory that should terrify anyone tracked by ALPR networks like Flock.

Our Take

Creator Loyal Moses flags a DOJ legal theory in the EZLynk case worth sitting with: that by agreeing to an app's terms of service, you may have effectively signed away your Fourth Amendment protections, letting the government access your data without a warrant. It's a short video, but the implication is huge — if courts buy this logic, it won't stay confined to car-tuning software. It becomes a template for any company sitting on a pile of location, behavioral, or biometric data.

That should set off alarms for anyone who's been tracking the explosion of Flock Safety's ALPR network. Flock already hands law enforcement agencies — and in some cases federal partners — sweeping access to vehicle movement data collected on public roads, often with minimal judicial oversight. If 'terms of service equals consent equals no warrant needed' becomes settled law, it hands agencies a blueprint to bypass warrant requirements for camera data too, not just app data. The boundary between 'you technically agreed to something buried in paragraph 40' and 'you have no privacy rights' keeps getting thinner.

We don't know yet how this case will shake out, and we're not going to pretend otherwise — but the direction matters more than the details right now. Every precedent that erodes the warrant requirement for digital or location data makes it easier to justify mass surveillance infrastructure like ALPR networks. If you want to see how many of these cameras are already watching your routes, check the map, and if you want to push back on your local government's use of this tech, our take-action page is a good place to start.

This is DeFlock The USA’s original commentary. The video above is the work of Loyal Moses, published on YouTube — full credit to the creator.