Amelia

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In 2024, EFF wrote our initial blog about what could go wrong when police let AI write police reports. Since then, the technology has proliferated at a disturbing rate. Why? The most popular generative AI tool for writing police reports is Axon’s Draft One, and Axon also happens to be the largest provider of body-worn cameras to police departments in the United States. As we’ve written, companies are increasingly bundling their products to make it easier for police to buy more technology than they may need or that the public feels comfortable with. 

We have good news and bad news. 

Here’s the bad news: AI written police reports are still unproven, untransparent, and downright irresponsible–especially when the criminal justice system, informed by police reports, is deciding people’s freedom. The King County prosecuting attorney’s office in Washington state barred police from using AI to write police reports. As their memo read, “We do not fear advances in technology – but we do have legitimate concerns about some of the products on the market now... AI continues to develop and we are hopeful that we will reach a point in the near future where these reports can be relied on. For now, our office has made the decision not to accept any police narratives that were produced with the assistance of AI.” 

In July of this year, EFF published a two-part report on how Axon designed Draft One to defy transparency. Police upload their body-worn camera’s audio into the system, the system generates a report that the officer is expected to edit, and then the officer exports the report. But when they do that, Draft One erases the initial draft, and with it any evidence of what portions of the report were written by AI and what portions were written by an officer. That means that if an officer is caught lying on the stand – as shown by a contradiction between their courtroom testimony and their earlier police report – they could point to the contradictory parts of their report and say, “the AI wrote that.” Draft One is designed to make it hard to disprove that. 

In this video of a roundtable discussion about Draft One, Axon’s senior principal product manager for generative AI is asked (at the 49:47 mark) whether or not it’s possible to see after-the-fact which parts of the report were suggested by the AI and which were edited by the officer. His response (bold and definition of RMS added): 

“So we don’t store the original draft and that’s by design and that’s really because the last thing we want to do is create more disclosure headaches for our customers and our attorney’s offices—so basically the officer generates that draft, they make their edits, if they submit it into our Axon records system then that’s the only place we store it, if they copy and paste it into their third-party RMS [records management system] system as soon as they’re done with that and close their browser tab, it’s gone. It’s actually never stored in the cloud at all so you don’t have to worry about extra copies floating around.”

Yikes! 

All of this obfuscation also makes it incredibly hard for people outside police departments to figure out if their city’s officers are using AI to write reports–and even harder to use public records requests to audit just those reports. That’s why this year EFF also put out a comprehensive guide to help the public make their records requests as tailored as possible to learn about AI-generated reports. 

Ok, now here’s the good news: People who believe AI-written police reports are irresponsible and potentially harmful to the public are fighting back. 

This year, two states have passed bills that are an important first step in reigning in AI police reports. Utah’s SB 180 mandates that police reports created in whole or in part by generative AI have a disclaimer that the report contains content generated by AI. It also requires officers to certify that they checked the report for accuracy. California’s SB 524 went even further. It requires police to disclose, on the report, if it was used to fully or in part author a police report. Further, it bans vendors from selling or sharing the information a police agency provided to the AI. The bill also requires departments to retain the first draft of the report so that judges, defense attorneys, or auditors could readily see which portions of the final report were written by the officer and which portions were written by the computer.

In the coming year, anticipate many more states joining California and Utah in regulating, or perhaps even banning, police from using AI to write their reports. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

Each December we take a moment to publish a series of blog posts that look back at the things we’ve accomplishes in fighting for your rights and privacy the past 12 months. But this year I’ve been thinking not just about the past 12 months, but also over the past 25 years I’ve spent at EFF.  As many folks know, I’ve decided to pass the leadership torch and will leave EFF in 2026, so this will be the last time I write one of these annual reviews.  It’s bittersweet, but I’m filled with pride, especially about how we stick with fights over the long run.  

EFF has come a long way since I joined in 2000.  In so many ways, the work and reputation we have built laid the groundwork for years like 2025 – when freedom, justice and innovation were under attack from many directions at once with tech unfortunately at the center of many of them.  As a result, we launched our Take Back CRTL campaign to put the focus on fighting back. 

In addition to the specific issues we address in this year-end series of blog posts, EFF brought our legal expertise to several challenges to the Trump Administration’s attacks on privacy, free speech and security, including directly bringing two cases against the government and filing multiple amicus briefs in others.  In some ways, that’s not new: we’ve worked in the courts to hold the government accountable all the way back to our founding in1990.  

In this introductory blog post, however, I want to highlight two topics that attest to our long history of advocacy.  The first is our battle against the censorship and privacy nightmares that come from requirements that internet users to submit to  age verification. We’ve long known that age verification technologies, which aim to block young people from viewing or sharing information that the government deems “harmful” or “offensive,” end up becoming  tools of censorship.  They often rely on facial recognition and other techniques that have unacceptable levels of inaccuracy and that create security risks.  Ultimately, they are surveillance systems that chill access to vital online communities and resources, and burden the expressive rights of adults and young people alike. 

The second is automated license plate readers (ALPR), which serve as a mass surveillance network of our locations as we go about our day.  We sued over this technology in 2013, demanding public access to records about their use and ultimately won at the California Supreme Court.  But 2025 is the year that the general public began to understand just how much information is being collected and used by governments and private entities alike, and to recognize the dangers that causes. Our investigations team filed another public records requests, revealing racist searches done by police. And 12 years later after our first lawsuit, our lawyers filed another case, this time directly challenging the ALPR policies of San Jose, California.  In addition, our activists have been working with people in municipalities across the country who want to stop their city’s use of ALPR in their communities.  Groups in Austin, Texas, for example, worked hard to get their city to reject a new contract for these cameras.  

These are just two issues of many that have engaged our lawyers, activists, and technologists this year. But they show how we dig in for the long run and are ready when small issues become bigger ones.   

The more than 100 people who work at EFF spent this last year proving their mettle in battles, many of which are nowhere near finished. But we will push on, and when those issues breach public consciousness, we’ll be ready.    

We can only keep doggedly working on these issues year after year because of you, our members and supporters. You engage on these issues, you tell us when something is happening in your town, and your donations power everything we do. This may be my last end-of-the-year blog post, but thanks to you, EFF is here to stay.  We’re strong, we’re ready, and we know how to stick with things for the long run. Thanks for holding us up.    

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.