Privatizing cyberspace.

This episode of Caveat explores two major themes in cybersecurity and civil liberties: the growing resistance to privatized license plate surveillance systems like Flock Safety, and the emerging policy debate around privatizing cyber warfare. The first segment examines how AI-powered license plate readers (ALPRs) are being deployed across U.S. municipalities, raising serious privacy concerns due to indefinite data retention, lack of consent, and potential for function creep—such as tracking individuals seeking abortions or undocumented immigrants. Despite the effectiveness of these tools in fighting crime, legal protections remain weak, as courts have consistently ruled that license plate data does not trigger Fourth Amendment protections due to the lack of a reasonable expectation of privacy in public spaces. The second segment dives into the controversial idea of enabling private companies to conduct offensive cyber operations, a concept hinted at in the White House’s recent cyber strategy. The hosts warn of the dangers of a privatized cyber arms race—increased risk of leaks, insider threats, escalation, and the erosion of international legal norms—especially as private actors could conduct attacks on critical infrastructure without clear accountability. Both stories highlight the tension between security and liberty in the digital age, with local governments and civil society pushing back against unchecked surveillance and militarization of cyberspace.