Who’s Regulating Police Technology? It’s Not the Courts.

July 2, 2026 - 21:46

Public institutions are quietly handing over the authority to regulate policing technology to private industry, according to Texas A&M University School of Law professor Hannah Bloch-Wehba. In a recent analysis, Bloch-Wehba argues that courts have largely stepped back from setting clear limits on how law enforcement uses tools like facial recognition, automated license plate readers, and predictive analytics. Instead, tech companies are the ones writing the rules.

This shift matters because corporate policies are not designed with constitutional protections in mind. A company's terms of service can change overnight, and they are rarely subject to public debate or judicial review. The result is a patchwork of standards that vary by vendor, not by legal principle. Bloch-Wehba points out that when police departments buy software, they often agree to contracts that limit liability and keep key details secret. That makes it hard for the public to know how their data is being used or whether the tools are accurate.

The professor warns that this trend undermines accountability. Without court oversight, there is little incentive for companies to prioritize civil liberties over profit. She calls for more transparency and a stronger role for legislators and judges in deciding what technology police can use and under what conditions. Until then, the private sector will continue to shape the future of policing from behind closed doors.