EFF moves to stop power utility reporting suspected pot growers to cops

In May 2020, Alfonso Nguyen, a resident of Sacramento, California, was taken aback when two sheriff's deputies arrived at his home, accusing him of illegal cannabis cultivation. When he refused to allow them entry and denied the allegations, one deputy reportedly labeled him a liar and threatened him with arrest. That same year, another Sacramento local, Brian Decker, faced a similar ordeal. Deputies stormed his home with weapons drawn, forcing him to exit in just his underwear while his neighbors looked on. The officers claimed he was also suspected of growing cannabis illegally. According to a motion filed by the Electronic Frontier Foundation (EFF) in Sacramento Superior Court recently, Nguyen and Decker are among over 33,000 individuals in the Sacramento area who have been flagged by the Sacramento Municipal Utility District (SMUD). This utility provider reported these customers to the sheriff's department due to what they deemed unusually high electricity usage, which they associate with illegal cannabis farming. The EFF argues that SMUD conducts a meticulous analysis of customer electricity usage in 15-minute intervals. When patterns that may suggest illegal activity are detected, these findings are forwarded to law enforcement. The EFF contends that this practice infringes on privacy rights protected by both federal and California laws, prompting their request for a court injunction against such warrantless disclosures. "SMUD's actions invade the privacy of customers’ homes," EFF attorneys stated in their court filing. "This practice is akin to a city-wide, digital door-to-door search. The home is at the 'core' of constitutional privacy protections." The EFF challenges the validity of SMUD and sheriff's claims regarding these suspected illegal grows, citing instances of misidentification. For example, in Decker's case, SMUD analysts claimed his electricity usage indicated he was using multiple grow lights. However, the EFF clarified that his high consumption was due to a cryptocurrency mining operation. Similarly, Nguyen's elevated electricity usage stemmed from a spinal injury that necessitated the use of an electric wheelchair and specialized HVAC equipment for temperature regulation.