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  • Nimitz Tech Hearing 5-20-25 - House Oversight

Nimitz Tech Hearing 5-20-25 - House Oversight

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Breach of Trust: Surveillance in Private Spaces

House Committee on Oversight and Government Reform, Subcommittee on Cybersecurity, Information Technology, and Government Innovation”

May 20, 2025 (recording linked here)

HEARING INFORMATION

Witnesses and Written Testimony (Linked):

HEARING HIGHLIGHTS

Legal Gaps in Protecting Privacy from Covert Surveillance

Current laws addressing covert surveillance are outdated and inconsistent across jurisdictions. Many state laws rely on ambiguous standards like "reasonable expectation of privacy," which do not adequately account for the complexities of modern short-term rental arrangements or shared living environments. Federal statutes, such as provisions under Title 18, fail to clearly distinguish between the legitimate and malicious use of surveillance devices. This legal uncertainty enables abusers to exploit technological loopholes with little accountability, especially in spaces like Airbnbs, hotels, or shared homes.

Proliferation and Accessibility of Surveillance Technology

Commercially available surveillance devices have become incredibly small, cheap, and easy to conceal within common household items like smoke detectors, phone chargers, or power strips. These tools often include high-definition video and audio recording capabilities, and many are marketed under the guise of legitimate use, such as home security. Their accessibility means that individuals with no technical expertise can easily deploy them for illicit purposes, making personal privacy increasingly difficult to defend without specialized detection equipment.

IN THEIR WORDS

"Nowadays it’s a needle in a stack of needles… Almost everything has some type of transmission — Bluetooth, WiFi — and without training, people don’t even know what to look for."

- Mr. LaSorsa

"We find ourselves now in a period where the rapid expansion of pervasive computing has embedded tracking capabilities in our lived environment… this is a time for action."

 - Mr. Butler

SUMMARY OF OPENING STATEMENTS FROM THE SUBCOMMITTEE

  • Subcommittee Chair Mace began the hearing by invoking the Fourth Amendment and framing liberty as the right to personal privacy, which she argued is being violated by hidden surveillance technologies. She shared her personal experience as a victim of covert filming by her former fiancé, Patrick Bryant, who allegedly recorded women without consent, including acts of rape, and kept thousands of videos and images over many years. She described how Bryant categorized and archived this material, often involving female employees or acquaintances, and highlighted specific instances of recorded abuse, including a rape video that was saved for five years. Mace criticized weak state laws that treat these offenses as misdemeanors and introduced federal legislation—the Sue the Voyeurs Act and the STOP Voyeurs Act—to create stronger penalties and civil remedies for victims, declaring her commitment to justice and encouraging other victims to come forward.

  • Subcommittee Ranking Member Brown noted the alarming rise of hidden surveillance in short-term rentals and hotels, calling it traumatizing and a violation of personal dignity. Brown highlighted the lack of consistent national standards, pointing out that women—especially women of color—are disproportionately targeted by both private surveillance and law enforcement systems that often rely on flawed facial recognition technology. She concluded by urging action to close regulatory loopholes and reaffirmed that no American should have to sacrifice privacy in their own home or while traveling.

SUMMARY OF WITNESS STATEMENT

  • Mr. Joseph LaSorsa testified that covert surveillance has become alarmingly easy due to widely available, inexpensive technology that requires little skill to deploy. He noted that hidden cameras are often disguised as everyday objects and are frequently found in spaces where people have a reasonable expectation of privacy, such as short-term rentals. LaSorsa called for clear federal standards that would ban surveillance in bedrooms and bathrooms, require full disclosure and informed consent for any monitoring devices, and impose penalties for covert surveillance without consent.

  • Ms. Laura Chadwick explained that Travel Tech represents platforms that facilitate travel bookings but does not speak for individual property owners or hotels. Chadwick emphasized that member platforms have strict policies prohibiting surveillance devices inside rented private spaces and require disclosure of any external cameras. She asserted that violations are rare but taken seriously, with offending listings removed and cooperation provided to law enforcement, and she expressed support for working with Congress on legislation like the STOP Voyeurs Act.

  • Mr. Alan Butler framed his remarks around the historical evolution of privacy law in response to advancing surveillance technologies. He described how modern camera systems and AI-powered tools have outpaced existing privacy protections, allowing abuse and erosion of individual rights in both private and semi-public spaces. Butler stressed the urgent need for legal and design safeguards that can mitigate harms from pervasive data collection, especially in environments where tracking is hidden and consent is absent. He concluded by calling for updated laws that preserve privacy in an age of ubiquitous computing, echoing EPIC's long-standing advocacy for strong data protection standards.

SUMMARY OF KEY Q&A

  • Rep. Boebert asked if most Americans expect privacy in short-term rentals and whether consumer-grade surveillance tools are small enough to avoid detection, and he confirmed both, emphasizing such devices often blend in with everyday items. Mr. LaSorsa described how cameras are commonly hidden in objects like carbon monoxide detectors, chargers, and even a computer mouse, making them hard to spot. Rep. Boebert questioned whether bug detectors are effective, and Mr. LaSorsa replied that while they can work, false positives are common, requiring technical knowledge.
    Rep. Boebert then asked if hosts caught spying are immediately banned and guests notified, and Ms. Chadwick said responses vary by case but platforms assist guests and take such reports seriously. Rep. Boebert asked hypothetically if a confirmed violator would be banned, and Ms. Chadwick responded that banning is an option and part of standard platform policies.
    Rep. Boebert asked if women and girls are more often targeted, and Mr. Butler confirmed that power dynamics often lead to disproportionate targeting in intimate privacy violations.

  • Rep. Subramanyam asked what existing laws address covert surveillance and how Congress can help, and Mr. LaSorsa cited Title 18 and called for a federal privacy standard due to inconsistent state definitions of private spaces. Rep. Subramanyam asked how a private area should be defined, and Mr. LaSorsa suggested it should be based on a person's expectation not to be seen or surveilled, such as spaces out of view from legal occupants. Rep. Subramanyam asked how people can protect themselves now, and Mr. LaSorsa recommended assuming surveillance is present and acting accordingly, as they do in high-risk travel situations.

  • Rep. Crane asked what unexpected privacy threats exist in common devices, and Mr. LaSorsa identified audio recording as an overlooked threat due to differing legality from video. Rep. Crane asked if people can cover or disable such devices, and Mr. LaSorsa advised unplugging or relocating them rather than damaging property. Rep. Crane cited abuse cases and asked how people can protect themselves, and Mr. LaSorsa recommended looking for duplicate or suspicious devices, such as an extra smoke detector in a room. Rep. Crane asked if these devices are found in hotels and which environments are worse, and Mr. LaSorsa replied that Airbnb-type rentals account for most discoveries in his experience. Rep. Crane asked if hotels conduct internal security checks, and Mr. LaSorsa said he didn’t know of dedicated teams but confirmed hotels take the issue seriously due to reputational risk.
    Rep. Crane then asked how unclear consent laws enable abuse, and Mr. Butler explained that varying state laws around one- and two-party consent, as well as legal ambiguity in semi-private spaces, hinder enforcement and leave gaps for exploitation.

  • Chairwoman Mace asked Mr. LaSorsa to display and describe several covert surveillance devices, including a camera in a power strip, a charger, and a computer mouse, noting she recognized one device as identical to one allegedly used by Patrick Bryant. Mr. LaSorsa demonstrated multiple hidden recording tools, explaining their dual use as functional household items and covert surveillance equipment.
    Chairwoman Mace asked if perpetrators caught filming women should be banned from short-term rental platforms. Mr. LaSorsa, Ms. Chadwick, and Mr. Butler all agreed that such individuals should be banned.
    Chairwoman Mace then asked Ms. Chadwick how surveillance bans on rental platforms are enforced, and Ms. Chadwick replied that member platforms have strict policies and supported stronger legal consequences.
    Chairwoman Mace followed up by asking whether banned hosts could rejoin platforms after removing devices, and Ms. Chadwick said policies vary by company and are evaluated case by case.

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