Skip to content

Why Is Washington Tracking Crabbers 24/7?

September 2, 2026 · 16 min

Show notes

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA General Counsel Zhonette Brown to discuss Franey v. Washington Department of Fish and Wildlife, NCLA’s challenge to Washington State’s warrantless surveillance of commercial crabbers.

Washington requires commercial crabbers to install government-mandated tracking equipment on their boats. Once crab pots are placed in the water, the government tracks the vessel continuously—every minute—even when the crabbers are back at port or using their boats for activities completely unrelated to fishing. The resulting location information is stored in a government database.

John and Zhonette explain why NCLA argues this surveillance violates the Fourth Amendment and Washington State Constitution’s protections against unreasonable searches. They also discuss NCLA’s takings claims, the state’s requirement that crabbers place tracking equipment on their private property, and why the Washington Department of Fish and Wildlife lacks statutory authority to impose the mandate.

The episode also examines the broader implications of cheap, persistent electronic surveillance. As technology makes it easier for government to track people continuously and store that information indefinitely, John and Zhonette discuss why constitutional protections for privacy become more—not less—important.

NCLA has moved for summary judgment and is seeking to stop Washington from enforcing the tracking requirement against its clients.

All episodes of Unwritten Law

Settings

Display

Language

Decides which stations you see first on the home page.

History

Recently played stations and episodes and your latest searches are only stored in this browser.

Notifications

A short notice when a podcast you follow has a new episode. Turn off single podcasts with the bell on their page.

Account

Save favorites – in the app and on the website.

Keyboard shortcuts

/
Open search
Space
Play or pause
← →
In the player: back 15 s, forward 30 s (episodes) · in a row: next tile
↑ ↓
In a row: target within the tile
Home / End
In a row: first or last tile
Esc
Close window or menu
?
This overview
Now playing

Go to station page

Play next

    Add episodes with “Play next” – they play after the current episode.