California Court Unplugs Snooping: SMUD’s Smart Meter Surveillance Shut Down!

Hot Take:

It seems like the Sacramento Municipal Utility District (SMUD) and the local police decided to moonlight as Sherlock Holmes, except they forgot the whole “evidence and suspicion” part. Who knew electricity could be so criminal? Turns out, using too much power in Sacramento could get you charged with “being home and using appliances.” But hey, at least the court decided that turning the entire city into suspects was a bit much. Next time, maybe opt for a less shocking method of investigation?

Key Points:

• The surveillance program involved SMUD and law enforcement tracking residents’ electricity usage to find cannabis growers.
• The court ruled the program unconstitutional as it violated a state privacy statute.
• 650,000 SMUD customers unknowingly became suspects in this dragnet operation.
• Despite the ruling, the court dismissed claims regarding the California Constitution’s search and seizure clause.
• This case was brought by EFF and partners on behalf of three petitioners.

Electricity: The New Crime Wave

If you’ve ever thought your electricity bill was criminal, you were right—at least in Sacramento. For over a decade, SMUD teamed up with local law enforcement to turn every flick of your light switch into a potential crime scene. The idea was to catch those sneaky cannabis growers using too much power, because apparently, only criminals would dare to run a few extra appliances. The court, however, decided this was a bit too much Big Brother and told SMUD to pull the plug on their surveillance escapades.

Privacy? What Privacy?

The court’s decision highlighted a glaring issue: privacy. Remember when you thought what happened in your home stayed in your home? Not with SMUD’s program. By tracking granular details like when you’re home or asleep, SMUD and the police could practically write a tell-all book about your life. The Electronic Frontier Foundation (EFF) and its co-counsel argued that this program not only invaded privacy but also resulted in wrongful criminalization and tense law enforcement encounters. The court agreed, making it clear that this was not a traditional investigation but rather an overreach into personal lives.

The Dragnet Dilemma

The court ruling was pretty clear: turning 650,000 residents into suspects without any real evidence is not okay. SMUD’s practice of sifting through everyone’s usage data wasn’t just a fishing expedition; it was more like trying to catch a whale with a butterfly net. The court’s decision was a victory for privacy advocates, but unfortunately, it did not address the search and seizure concerns under California’s Constitution. Still, the ruling sends a message that you can’t just snoop on everyone hoping to catch a few bad apples.

Breaking Up the Dynamic Duo

SMUD and the police had quite the partnership going, analyzing electricity patterns as if they were auditioning for a detective show. But the court ruled that this was beyond the scope of what a utility provider should be doing. Public utilities across California are now on notice: you can’t just hand over customer data to the police without solid evidence. So, unless you’re running your own rendition of “CSI: Sacramento,” it’s time to break up the dynamic duo of SMUD and law enforcement.

What’s Next for Residents?

For the residents of Sacramento, the court’s ruling is a win for privacy rights, but the fight isn’t completely over. While the dragnet surveillance has been curbed, the dismissal of claims under the search and seizure clause leaves room for future challenges. The EFF and its partners, including Monty Agarwal of Vallejo, Antolin, Agarwal, Kanter LLP, will continue to advocate for stronger privacy protections. Until then, Sacramento residents can rest a little easier knowing that their electricity usage is no longer under the microscope—unless they’re just trying to figure out why the fridge is suddenly so loud.