The First Amendment distinction here is important, but I don't think it gets us all the way to "Flock is a private company, so this is none of the government's business." The First Amendment generally constrains the government, not private companies. A corporation can choose who it does business with, just as an individual can choose who they associate with or, importantly, who they don't associate with. That's the same basic freedom-of-association principle that often gets invoked when someone says that "cancel culture" is simply people exercising their right to stop associating with someone they dislike.
But that cuts both ways. Flock is entitled to build and sell surveillance technology, subject to the law. The government is also entitled to buy technology from private companies. The constitutional question is what the government does with it. The Supreme Court has made clear that a private company does not automatically become a state actor merely because it has a government contract or receives government money. Rendell-Baker v. Kohn is pretty explicit about that. But the Court has also made the opposite point: the government can't simply contract away constitutional responsibilities and then claim the Constitution no longer applies. In West v. Atkins, and later in Manhattan Community Access Corp. v. Halleck, the Court recognized circumstances where a private party can become a state actor when it is performing a function the government itself is constitutionally obligated to perform.
So "the government is using a private company" isn't automatically a constitutional loophole, but neither is it automatically a constitutional violation. The details matter: who is directing what, what authority is being exercised, what the government could legally do itself, and how closely the private company's actions are tied to the government's actions. That's a much more useful question than simply asking whether Flock is a corporation.
What makes this particular story interesting is that Flock isn't merely selling police a camera and saying "good luck." The company is apparently teaching police how to combine ALPRs, drones, other cameras, 911 data, police databases and other information into one surveillance system, with a protest specifically used as the example. That's a pretty different thing from selling a device that takes a picture of a license plate. Recent reporting has also found that Flock's systems are evolving into much broader tools for searching vehicle movements and other data.
Well, good news: the police apparently don't need to know who you are anymore. They just need to know where your car went. From there, the AI can apparently work backwards until it has a name, your associates, your history, and presumably a compelling reason why you are now "of interest." All perfectly innocent, of course, because the computer did it.
This is also a wonderful example of how "we can't identify individuals" ages. Yesterday's limitation becomes today's product feature, and yesterday's privacy assurance becomes something that nobody remembers promising. Flock can now apparently search 6,000+ cameras, police databases and commercial identity records using broad behavioral queries, then let the system infer who you are from where your car happens to travel. That's not really a license-plate reader anymore. It's a behavioral dossier generator with a search box.
And I particularly enjoy the idea of 69 prewritten prompts. Nothing says "carefully limited law-enforcement tool" quite like shipping the surveillance system with a menu of questions an officer can ask about the population. The really important part is that you don't necessarily need a plate number or a name to get started. Start with "which vehicles frequent this neighborhood?" and let the machine rummage around until it finds a story. Once the computer has invented the pattern, somebody can presumably invent the probable cause afterward.
I'm sure there are legitimate crimes this could help solve. There are legitimate crimes that can be helped by an enormous database containing everyone's movements, too. That's the oldest sales pitch in surveillance: think of the crimes we could solve if we just had everyone's information. The missing part is always the question of what happens when the system is wrong, curious, abused, politically misused, or simply used for something that wasn't part of the original justification.
And let's not overlook the business model here. A $7.5 billion company has a rather obvious incentive to convince police that every camera, database and commercial record should be connected to every other camera, database and commercial record. "We have a hammer and crime is everywhere" is a pretty good way to sell hammers. The fact that the hammer is now powered by AI doesn't make the incentives disappear.
The really cynical takeaway is that privacy apparently wasn't defeated by some dramatic law passed in the middle of the night. It was defeated one integration at a time. Buy the camera. Add the database. Connect the commercial records. Add AI. Give officers a search box. Then tell everyone it's just technology for solving crimes and there is nothing to worry about.
At some point "we don't know who you are" quietly turns into "we can tell you exactly who you are from where you drive." And apparently the upgrade notice got lost somewhere along the way.