The American Civil Liberties Union of Massachusetts has unveiled a groundbreaking online toolkit for lawyers, aimed at unveiling the use of surveillance technologies in criminal cases. This resource, crafted by legal experts, includes motions that compel prosecutors to reveal whether facial recognition or other advanced tech was used against defendants.

Jennifer Herrmann, who spearheaded this initiative, notes the critical gap between when police deploy new tools and when courts decide their legality. The toolkit addresses not just evidence withheld but also cases where neither defense nor prosecution knew surveillance played a role.

The project highlights the persistent issue of surveillance technology being used without disclosure—such as in Baltimore, where prosecutors were instructed to drop cases rather than reveal the use of stingrays. This underscores how secrecy can undermine justice and the need for proactive legal strategies.

For instance, the toolkit includes preservation motions that demand surveillance data be saved before deletion, ensuring evidence isn't lost even when tech companies design it to vanish after a set period. California's recent law mandating retention of original drafts from AI-written police reports reflects growing awareness of these challenges.

The ACLU’s approach is multi-faceted, combining direct legal action with advocacy for tighter controls on surveillance technology. As Herrmann notes, the goal isn’t just to expose past misuse but to create a framework where future cases are informed and transparent.