Sacramento Electricity Surveillance Program Ends – Victory!
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California Court Ends SMUD Smart Meter Surveillance Program
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A Sacramento County Superior Court ruling on November 14, 2024, halted a decade-long program where the Sacramento Municipal Utility District (SMUD) shared granular smart meter data with law enforcement, violating California privacy laws. The program targeted potential cannabis cultivation without requiring evidence of wrongdoing.
The Surveillance Program: How It Worked
For over ten years, the Sacramento Municipal Utility District (SMUD) collaborated with the Sacramento police Department and other law enforcement agencies to analyze detailed electricity usage data collected from smart meters. this data, far more precise than customary billing data, revealed patterns indicative of indoor cannabis grows – specifically, unusually high energy consumption.Law enforcement used this information to identify potential targets for investigation, often without any autonomous suspicion of criminal activity.
The Electronic Frontier Foundation (EFF) and co-counsel argued that this practice violated California’s privacy statute, specifically Public Utilities Code Section 799.04, which restricts the disclosure of customer electricity usage data. The statute allows disclosure only under specific circumstances, such as with a court order or in response to a legitimate emergency.
Court Ruling and Constitutional Concerns
the Sacramento County Superior Court ruled on November 14, 2024, that SMUD’s data sharing practices were unlawful under Section 799.04. The court found that SMUD had improperly disclosed customer data without the required legal justification.
Beyond the statutory violation, the petitioners also raised concerns about the program’s potential violation of the California Constitution’s search and seizure clause. As stated in the EFF’s response to the court, the core issue is that “At the behest of law enforcement, SMUD searches granular smart meter data and provides insights to law enforcement based on that granular data.” This proactive data mining, they argued, constituted an unreasonable search without a warrant or probable cause.
Implications for California Utilities
The ruling establishes a significant precedent for public utilities throughout California. Going forward, utilities cannot freely share customers’ electricity data with law enforcement. A valid legal basis,such as a warrant or evidence of a specific crime,is now required before any disclosure can occur. The EFF emphasized that utilities must avoid disclosing data “without any ‘evidence to support a suspicion’ that a particular crime occurred.”
This decision underscores the growing tension between law enforcement’s desire for data and individuals’ right to privacy in the age of smart technology. Smart meters, while offering benefits like improved grid management and energy efficiency, also create opportunities for mass surveillance.
Legal Portrayal
The case, AALN v. SMUD, was brought and argued on behalf of the petitioners by the Electronic Frontier Foundation (EFF), along with Monty Agarwal of the law firm Vallejo, Antolin, Agarwal, Kanter LLP.