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 (9/28/2023)

Bill Number: Int 1207-2023

Bill Sponsor: Julie Won; Christopher Marte

Department of Investigation (DOI) Reporting Amendment

Status: Introduced (9/28/2023)

Bill Number: Int 1193-2023

Bill Sponsor: Amanda Farías; Jennifer Gutiérrez

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.

Legislative Materials

Other Resources

Brennan Center for Justice POST Act resource page.
S.T.O.P. Report - Above The Law? NYPD Violations of the Public Oversight of Surveillance Technology (POST) Act
Office of the Inspector General - An Assessment of NYPD’s Response to the POST Act

Draft Policies and Comments

Technology	NYPD Policy	STOP 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	PDF	Comment PDF
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

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.
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.
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.
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.
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