California’s robust privacy protections are facing a critical test as the Electronic Frontier Foundation (EFF) and community advocates press forward with a lawsuit to dismantle what they describe as an illegal and biased surveillance operation run by Sacramento’s public electric utility.
In a legal filing submitted last week, the EFF laid out evidence that the Sacramento Municipal Utility District (SMUD), which serves more than 650,000 customers, has spent over a decade monitoring detailed home electricity data and funneling it to police without a warrant. The organization calls this an unconstitutional “dragnet surveillance” program that unlawfully invades household privacy on a massive scale.
We obtained a copy of the filing for you here.
“This case is about Sacramento Municipal Utility District’s…dragnet surveillance of SMUD customers’ homes using sensitive and confidential energy usage information,” the brief begins. “The decade-long surveillance violates the California Constitution and a state privacy statute.”
SMUD’s so-called “smart meters,” installed in nearly every home it serves, transmit power usage in 15-minute intervals to the utility multiple times per day. This data, the lawsuit argues, offers a detailed portrait of home life, including sleep patterns, occupancy, and even personal routines. “SMUD analysts can, in effect, use the data to digitally peer into a person’s home,” the brief explains.
EFF alleges that SMUD has routinely handed over customer information to local police departments, including names, addresses, and usage history, without any individualized suspicion or judicial oversight. In many cases, these disclosures were based solely on arbitrary consumption thresholds. “SMUD has turned over…the names, addresses, and electrical consumption information of more than 33,000 customers through a zip code list,” the brief states.