Updated June 18th, 2020

POST Act

Public Oversight of Surveillance Technology (POST) Act

Status: Passed (6/18/2020), Signed (7/7/2020)

Key issues: First Amendment, NYPD, Privacy, Surveillance, Police Practices.

Jurisdiction: New York City Council

Bill Number: Int 0487-2018

Bill Sponsor: Vanessa L. Gibson

Impact & Use Policy Amendment

Status: Introduced (2/28/2024)

Bill Number: Int 480-2024

Bill Sponsor: Julie Won

Department of Investigation (DOI) Reporting Amendment

Status: Introduced (2/28/2024)

Bill Number: Int 168-2024

Bill Sponsor: Amanda Farías

This following is intended to provide policy-makers, journalists, and the public resources on the POST Act and Intros 1207-2023 & 1193-2023.


For years, the NYPD has built up an arsenal of cutting-edge, military-grade spy tools without any public notice, debate, or oversight. The Public Oversight of Surveillance Technology (POST) Act was passed in 2020 to bring much-needed civilian review to NYPD surveillance policies, like the NYPD’s Special Expenses Program: a nearly $3 billion trove of secret surveillance contracts made between 2007 and 2019. Existing contracts include New York’s Domain Awareness System: a real-time surveillance map of New York City, procured from Microsoft by the NYPD for over $1 billion. 

The POST Act also mandates that the NYPD provide use and impact policies on these surveillance tools, explaining how they are used and how they affect New Yorkers. These insights became particularly important to civil rights groups in 2020, as the NYPD unleashed a fleet of surveillance tools onto New Yorkers taking part in Black Lives Matter protests. 

The POST Act was an essential first step in gaining greater transparency over the state of surveillance in New York City, but the NYPD has blatantly disregarded the requirements it imposes.

The law does not set a high bar: NYPD is only required to disclose its surveillance tools and data-sharing policies. Still, the NYPD has failed to clear even the low bar set by the POST Act. According to a report published by the Office of the Inspector General (OIG) in November 2022, NYPD failed to comply with the law’s reporting requirements with the draft “impact and use” policies published for public comment in January 2021, which consisted largely of boilerplate language not specific to each individual technology. That same report also revealed that NYPD then failed to respond to the public’s requests for more information when it published its revised policies in April 2021. 

As a result of NYPD’s blatant non-compliance, S.T.O.P., other civil rights groups, and several New York lawmakers are calling for the adoption of two bills, Intros 1207 and 1193. These measures would improve the effectiveness of the POST Act, implementing 9 of the OIG’s recommendations for NYPD compliance and comprehensive reporting practices. 

Take Action:

Media

 

Join us in the fight to hold NYPD accountable to the POST Act and ask for additional reporting and compliance requirements.

Please see our toolkit for contacting New York City Council Members and sharing the action with friends and family on social media.

Download the toolkit.


Draft Policies and Comments

TechnologyNYPD PolicySTOP Comment
Audio-Only Recording Devices, Covert PDF Comment PDF
Audio-Only Recording Devices, Overt PDF Comment PDF
Audiovisual Recording Devices, Covert PDF Comment PDF
Audiovisual Recording Devices, Overt PDF Comment PDF
Body-Worn Cameras PDF Comment PDF
Communication Assistance for Law Enforcement Act (CALEA) Collection System PDF Comment PDF
Case Management Systems PDF Comment PDF
Closed-Circuit Television (CCTV) Systems PDF Comment PDF
Cell-Site Simulators PDF Comment PDF
Criminal Group Database PDF Comment PDF
Cryptocurrency Analysis Tools PDF Comment PDF
Domain Awareness System (DAS) PDF Comment PDF
Data Analysis Tools PDF Comment PDF
Digital Cameras PDF Comment PDF
Digital Fingerprint Scanning Devices PDF Comment PDF
Digital Forensic Access Tools PDF Comment PDF
Drone Detection Systems PDF Comment PDF
Electronic Record Management Systems PDF Comment PDF
Facial Recognition PDF Comment PDF
Global Positioning System (GPS) Tracking Devices PDF Comment PDF
Internet Attribution Management Infrastructure PDF Comment PDF
Iris Recognition PDF Comment PDF
License Plate Readers (LPR) PDF Comment PDF
Manned Aircraft Systems PDF Comment PDF
Mobile X-Ray Technology PDF Comment PDF
Media Aggregation Services PDF Comment PDF
Portable Electronic Devices (PEDs) PDF Comment PDF
ShotSpotter PDF Comment PDF
Social Network Analysis Tools
Situational Awareness Cameras PDF Comment PDF
Thermographic Cameras PDF Comment PDF
Unmanned Aircraft Systems (UAS) PDF Comment PDF
Vehicle-Mounted Cameras PDF Comment PDF
Video-Only Recording Devices, Covert PDF Comment PDF
Video-Only Recording Devices, Overt PDF Comment PDF
WiFi Geolocation Devices PDF Comment PDF

The NYPD’s 5 Biggest POST Act Lies

  1. The NYPD claims that their facial recognition system doesn’t use artificial intelligence, machine learning, or other biometric technology. This is false. Facial recognition is a form of artificial intelligence.

  2. The NYPD claims that their Criminal Group Database, it’s so-called “gang database” has no disparate impact on the basis of race. In fact, 99% of those included are New Yorkers of color.

  3. The NYPD claims that race, religion, and other protected characteristics are never factors in approving surveillance. This is a lie. A report from the Office of the Inspector General for the NYPD found that 95% of NYPD intelligence investigations targeted Muslim New Yorkers.

  4. The NYPD claims that data from their fingerprint scanning devices is not used for immigration enforcement. This again is a lie. NYPD fingerprint results are shared with state and federal law enforcement, including ICE.

  5. The NYPD claims that none of their systems are used for immigration enforcement. In fact, the NYPD shares information with the federal government through intelligence fusion centers and the Joint Terrorism Task Force.

PolicySystem Has Documented Racial BiasInformation From System Is Shared With ICESystem Uses AIPolicy Has Technical ErrorsDisclose name(s) of vendor(s)Provides Previously Undisclosed InformationPolicy Provides Training InfoPolicy Provides Retention PeriodsPolicy Names 3rd Party Recipients
Audio-Only Recording Devices, Covert No No No Yes No No No No No
Audio-Only Recording Devices, Overt No No No No Yes No No No No
Audiovisual Recording Devices, Covert No No No Yes No No No No No
Audiovisual Recording Devices, Overt No No No No No No No No No
Body-Worn Cameras No No No Yes No No No Yes No
Communication Assistance for Law Enforcement Act (CALEA) Collection System No No No No No No No Yes No
Case Management Systems No No No No Yes No No No No
Closed-Circuit Television (CCTV) Systems No No No No No No No Yes Yes
Cell-Site Simulators No Yes No No No No No Yes Yes
Criminal Group Database Yes No Yes No Yes No No No No
Cryptocurrency Analysis Tools No No Yes No No Yes No No No
Domain Awareness System (DAS) Yes Yes Yes No No No No No No
Data Analysis Tools No No No No No No No No No
Digital Cameras No No No No No No No No No
Digital Fingerprint Scanning Devices No No Yes No No No No No No
Digital Forensic Access Tools No No No No No No No No No
Drone Detection Systems No No No No No No No No No
Electronic Record Management Systems No No No No No No No No No
Facial Recognition Yes Yes Yes Yes No No No No No
Global Positioning System (GPS) Tracking Devices No No No No No No No No No
Internet Attribution Management Infrastructure No No No No No Yes No No No
Iris Recognition No No No No No No No No No
License Plate Readers (LPR) No Yes Yes Yes No No No Yes No
Manned Aircraft Systems No No No No No No Yes No No
Mobile X-Ray Technology No No No No No No No No No
Media Aggregation Services No No No No No No No No No
Portable Electronic Devices (PEDs) No No No No Yes No No No No
ShotSpotter No No No No No No No No No
Social Network Analysis Tools Yes Yes Yes No No No No No No
Situational Awareness Cameras No No No No No No No Yes No
Thermographic Cameras No No No No No No No Yes No
Unmanned Aircraft Systems (UAS) No No Yes No No No Yes Yes No
Vehicle-Mounted Cameras No No No No No No No Yes No
Video-Only Recording Devices, Covert No No No No No No No No No
Video-Only Recording Devices, Overt No No No No No No No No No
WiFi Geolocation Devices No No No No No Yes No Yes No