CCTV is a visual surveillance technology designed for monitoring a variety of environments and activities. CCTV systems typically involve a dedicated communications link between cameras and monitors. Digital camera and storage technologies are rapidly replacing traditional analog systems. A CCTV system involves a linked system of cameras able to be viewed and operated from a control room. CCTV systems have evolved considerably over time and tend to fall into three different generations. The first generation consisted of wide-angle, fixed cameras (referred to as shoe boxes) that were targeted to crime hotspots. The second generation consisted of cameras that could be moved using a joystick in the control center focused on specific events or people, zooming in for closer scrutiny. The third generation uses both types of cameras with the additional capabilities to include software such as facial recognition or license plate recognition. Relatively new features in CCTV technology that enhance its power and scope include night vision cameras, computer-assisted operations, and motion detectors. A camera that is integrated with a motion detection system would, for example, enable alerted law enforcement staff in a control room to remotely investigate potential security incidents such as a terrorist placing a package in an isolated location. Most CCTV systems are actively monitored by security or law enforcement personnel in a centralized setting, or they can be passively taped for future viewing if needed (such as in the event of a robbery). The private sector began using CCTV in the early 1960s, first in banks, and later in commercial buildings. By the 1970s, CCTV was deployed in hospitals, all-night convenience stores, and many other commercial areas. The private sector also began to use CCTV in retail stores to monitor for shoplifters and in hotels to help secure the safety of their guests. CCTV technology advanced during the 1980s with the introduction of video recorders, and even more in the 1990s with the introduction of digital technology. CCTV is also used in public safety-related applications across the United States, including traffic control, special events, public transportation, and public schools. CCTV use by law enforcement to fight crime and terrorism is an evolving application of the technology. According to a number of reports, CCTV can benefit law enforcement in many ways. A survey of law enforcement agencies conducted by the IACP found that CCTV was useful in areas such as investigative assistance and evidence gathering. The survey identified other law enforcement benefits from CCTV use such as reducing time in court for officers, protecting police officers against claims of police misconduct, and using recorded images to train officers. A report by RAND noted that proponents of video and similar types of surveillance claim that it prevents crime by deterrence, especially when overt surveillance activities remind potential criminals of police presence and observation. The same report also states that, if an area under surveillance becomes a crime scene, the surveillance can both alert police to the need for an operational response and/or provide evidence for subsequent criminal investigation and prosecution. A study commissioned by the SIA also stated that CCTV has the ability to enhance law enforcement capabilities by enabling officers to be deployed in areas that require more traditional police work (such as foot patrols where officers can interact with individuals), enabling the CCTV cameras to be used for general surveillance. In the context of law enforcement surveillance activities, a common conception of privacy stems from criminal cases interpreting the Fourth Amendment of the Constitution. The Fourth Amendment protects people from unreasonable searches and seizures. According to the Supreme Court, if the person under surveillance has a reasonable expectation of privacy, the Fourth Amendment applies, and a warrant is generally required to conduct a lawful search. Conversely, if the person under surveillance does not have a reasonable expectation of privacy, the Fourth Amendment does not apply, and no warrant is required for police surveillance. Applying these principles, the 10th Circuit Court of Appeals upheld the use of surveillance cameras placed on a public street without a warrant on grounds that “activity a person knowingly exposes to the public is not a subject of Fourth Amendment protection, and thus, is not constitutionally protected from observation.” While there is generally no reasonable expectation of privacy under the Fourth Amendment for activities visible to the public, the ACLU and EPIC have argued that the use of surveillance systems to monitor public spaces may nevertheless infringe upon freedom of expression under the First Amendment. There does not appear to be any federal case law interpreting whether police use of video surveillance devices may infringe upon First Amendment rights. However, ACLU and EPIC believe that CCTV might “chill” protesters from demonstrating in public spaces such as on the National Mall and elsewhere in D.C. knowing that their images might be captured on police recordings. There is also concern that CCTV cameras equipped with enhanced features, such as zoom capabilities, may give police the ability to read and record the print on political fliers being distributed in public places and to identify individuals engaged in political speech, which, in their view, undercuts the ability of citizens to engage in anonymous free speech. ACLU and EPIC officials said that they would like to see controls in place to help guard against improper use of CCTV systems and the mishandling of CCTV images. In addition, ACLU officials said that controls directing the use of CCTV should contain specific provisions for protecting CCTV images that include whether CCTV images are being recorded, under what conditions, and how long the recordings are retained, as well as criteria for access to CCTV images by the government or the public. An EPIC official also said that controls should address access, storage, and disclosure of records. In the UK, CCTV and video surveillance have been used extensively. As of 2002, about 75 cities were using CCTV to monitor urban centers, and approximately 95 percent of all local governments were considering its use as a law enforcement tool. In 1990, according to the UK Home Office, the UK had approximately three CCTV systems operated by local governments comprised of about 100 cameras. By the end of 2002, Home Office officials estimated that the UK had approximately 500 CCTV systems operated by local governments comprised of about 40,000 cameras. Nonlaw enforcement staff generally operate the CCTV systems in the locations we visited in the UK. In most cases, the systems were set up to address street-type crimes such as robbery, car theft, harassment, and public drunkenness. The UK CCTV systems that we observed had control rooms that were operational 24 hours per day, 7 days per week, and all maintained digitally recorded images. The UK Home Office provided funding for 684 CCTV systems as of October 2002, though not all were operational at the time. Home Office officials said that the level of funding per location has ranged from about $50,000 to $12 million to implement CCTV in town centers, parking garages, and residential areas. During the 107th Congress, a Senate bill was introduced that would have established a commission to evaluate the use of investigative and surveillance technologies, including surveillance cameras, to meet law enforcement and national security needs in the manner that best preserves individual privacy. Under the proposed legislation, the commission was to investigate and report on standards for using, selecting, and operating such technologies and to make recommendations for legislation or administrative actions, as appropriate. However, the bill was not enacted. MPDC and the United States Park Police have implemented their CCTV systems with varying purposes and guiding protocols. The purposes of MPDC’s and the United States Park Police’s CCTV systems differ; however, both entities have installed cameras in locations that are at high risk for terrorist attacks. When the Department of Homeland Security’s national threat level was increased to high alert (code orange), MPDC and the United States Park Police utilized CCTV on a continuous basis. Both MPDC and the United States Park Police view their CCTV systems from secure control rooms, and each entity’s CCTV cameras have enhanced features, such as zoom capabilities. MPDC, acting under D.C. law, has issued regulations pursuant to D.C. statute that provide operating protocols to govern its use of CCTV, whereas the United States Park Police’s use of CCTV is not specifically governed by any federal law or regulation. However, the United States Park Police is in the process of developing a policy applicable to its use of CCTV. MPDC’s CCTV system is generally intended to help manage public resources (such as police officers) during major public events and demonstrations and to coordinate traffic control on an as-needed basis. In addition to these purposes, the system may be utilized during exigent circumstances (e.g., periods of heightened alert for terrorism) as designated by the police chief. While the purpose of MPDC’s CCTV system is to manage public resources and to control traffic, it could be used for monitoring crime as well. For example, although CCTV can be used to deploy police resources in order to maintain crowd control, the implied reasoning for deploying officers to maintain control would be to deter or prevent criminal activity, such as looting and rioting. MPDC has used CCTV cameras for events such as the Fourth of July celebration in 2002 and antiwar demonstrations in 2003. According to a senior MPDC official, the CCTV cameras are not operational on a 24-hour basis; they are activated only during certain events and are turned off when the event ends. For example, the Chief of Police said that political demonstrations resulted in MPDC activating and deactivating the cameras only to reactivate them again when the Department of Homeland Security increased the national threat level to high alert (code orange). MPDC has increased its CCTV system operations over time and has the capability to expand its operations by accessing other CCTV systems. A senior MPDC official said that MPDC’s CCTV system had been increased from two cameras in April 2000, to 14 cameras with pan, tilt, and zoom capabilities. The cameras are monitored from a control room called the Joint Operations Command Center located within MPDC’s headquarters.