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furyg3 11 hours ago

It's pretty clear to be that governments shouldn't be able to 'subcontract' their way out of the limits placed on them via the constitution.

Thankfully the supreme court seems to agree here in two ways:

1) Just because a third party (Google in Chatrie case but Flock here) collects the data and the government requests it from them, doesn't mean that that isn't a 'search' which requires a warrant ("obtaining someone's cell-phone location history from Google constitutes a Fourth Amendment search.")

2) Delegating "searches" to a private party isn't permitted if they are acting as an "instrument or agent of the Government" (Skinner v. Railway Labor Executives’ Association (1989) - also cited in Chatrie).

In the Google case, users have a private relationship with Google where they elect to let Google track them and retain their information... but when the Police ask for that information it's a 'search' and requires a specific warrant.

In the Flock case the entire REASON the cameras are there is the the government (Police or local municipality) has contracted Flock to surveil the public. Asking flock for the whereabouts of a specific person seems like it should likewise require a warrant. That's inherently different than a crime being reported and then going to dig up a video from the area from Flock - which is different than seeing someone in that video and asking Flock to find every time they've been captured by any Flock camera anywhere... that would seem to be a 'search' and would require a warrant (which in this scenario would probably be easy to get).

jordanb 9 hours ago | parent | next [-]

The other thing that's going on is that Flock is essentially an always-on "dragnet."

A "dragnet" is when you set up police checkpoints everywhere and essentially put entire cities under watch to find a fugitive. This happened in Boston after the bombings.

"Dragnets" are illegal except in extreme circumstances (like a bombing).

Flock is a "dragnet on demand." You have a digital dragnet in place not just in one city but potentially in every city, and with a single search can pull the results of the dragnet on anyone for any reason.

hippich 9 hours ago | parent | next [-]

Recently was driving in the middle of nowhere in Texas.. And I saw a few flock cameras watching both ways in highways there too. So it is not just cities, states are implicated too.

6 hours ago | parent | next [-]
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apercu 9 hours ago | parent | prev [-]

Probably selling data to CBP/DEA. I went through a combined military and police checkpoint a bit north of Rio Hondo last August and it was surreal.

pstuart 9 hours ago | parent | next [-]

It's for a good cause! This has enabled the DEA to keep all dangerous drugs out of the country and avoid any sort of drug abuse epidemics! Think of the children!

ryan_j_naughton 8 hours ago | parent | next [-]

I'm guessing this was /s sarcasm given the "think of the children" reference. Just saying so in case others didn't get the reference and thought you were being sincere...

pstuart 7 hours ago | parent | next [-]

Yes, it was entirely sarcasm. The DEA should be abolished, period. Not only is the War on Drugs a war of oppression on the citizenry, it has funded the cartels and promoted crime throughout the world.

Secondly, the DEA controls what my doctor can prescribe me (I am "blessed" with chronic pain), and those fuckwits have no business in the doctor-patient relationship.

And this will go on forever, because propaganda has brainwashed the populace that people need to be "protected" from dangerous drugs. Sure, drugs can be dangerous but the way it's being done now is beyond stupid, it is inherently evil.

Do I sound angry? Perhaps it's because I am. There's so much needless death and suffering and people just shrug their shoulders.

allthetime 8 hours ago | parent | prev [-]

Uh, the rest of the comment is obviously false and sarcastic as well. Dangerous drugs are at an all time high and the epidemic is immediately apparent in downtown streets

buellerbueller 8 hours ago | parent | prev [-]

Poe's law.

bix6 8 hours ago | parent | prev [-]

Surreal in what way?

Edit: thanks for the downvotes? Genuinely curious on GPs experience.

jkahrs595 8 hours ago | parent | next [-]

In what way is going through a military/police checkpoint while driving ordinary?

bix6 7 hours ago | parent [-]

I don’t live in Texas but I thought they ran checkpoints like that near the border already? I was told to avoid the most southern zones when I drove cross country years ago.

mrtesthah 8 hours ago | parent | prev | next [-]

Surreal in the way that your constitutional rights are being casually violated?

Manuel_D 7 hours ago | parent | next [-]

The Constitution does not prohibit government (or anyone for that matter) from recording people in public spaces. ALPRs have been in widespread use since the 90s, I am continuously puzzled where people get the idea that this is new technology.

text0404 6 hours ago | parent | next [-]

ALPRs weren't connected to companies which call their detractors "terrorists" and which collect photographs into searchable databases that have advanced AI features. The general public has also witnessed the rise of military-style policing and unaccountable violence from law enforcement, so that contributes to the negative sentiment.

Manuel_D 6 hours ago | parent [-]

ALPRs were always fed into databases, even back during the 90s. The whole point of ALPRs is to automate the task of reading license plates.

text0404 6 hours ago | parent [-]

They weren't connected to nationwide databases which automatically record, store, and aggregate individuals' movements. Not constitutionally equivalent.

5 hours ago | parent | next [-]
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Manuel_D 5 hours ago | parent | prev [-]

Uh huh, and? When did the supreme court decide that ALPR data becomes a search the moment it gets logged to a database?

text0404 5 hours ago | parent [-]

They haven't yet because a case hasn't made its way to the SC. But Chatrie and Carpenter deal with this exact subject matter and both establish that aggregating and searching past data is a (fourth amendment) search.

Manuel_D 5 hours ago | parent [-]

No, for the fifth time, Chatrie and Carpenter dealt with private cell phone location information. This is not the exact same subject matter at all.

text0404 5 hours ago | parent [-]

The specific technology being used to conduct the searches does not matter.

Persistent technological tracking of a person's public movements can constitute a search. The fact that each individual movement occurs in public does not automatically eliminate fourth amendment protection, nor does it matter that its a third party that does the collecting (Google, Flock, whoever). What matters is that LE is conducting fourth amendment searches using that data.

Manuel_D 5 hours ago | parent [-]

It's not just the specific technology being used to conduct the search, it's that the information the police obtained Chatrie and in Carpender both included people's private movements. Your phone's GPS data doesn't just track where you drive on public roads, it also tracks you walking around your private property.

> The fact that each individual movement occurs in public does not automatically eliminate fourth amendment protection, nor does it matter that its a third party that does the collecting (Google, Flock, whoever).

Sure, doesn't eliminate Fourth Amendment protections: the police can't just search your car because it's in public. But that doesn't meant police can't record public spaces.

> What matters is that LE is conducting fourth amendment searches using that data.

Recording public spaces isn't a Fourth Amendment search. That's what distinguishes Flock from the other cases you mentioned.

text0404 3 hours ago | parent [-]

Carpenter is saying that public movements are part of the protected interest, not just the private movements which were also tracked. If the private movements hadn't been tracked in those cases, it would still be a 4A issue:

"A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, 'what [one] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.'"

> But that doesn't meant police can't record public spaces.

> Recording public spaces isn't a Fourth Amendment search.

I'm not saying either of these things. The quote that you're responding to literally says "What matters is that LE is conducting fourth amendment searches using that data". I don't care who collects the data (Flock, or Axon, or Google, or whoever): if the cops are searching a persistent database which monitors and tracks people over time, it is a 4A issue.

Manuel_D 3 hours ago | parent [-]

This is just an incorrect description of the ruling in Carpenter v. US. The core of the ruling is that the third-party doctrine doesn't apply to cell phone location data. The ruling was a very narrow one and did not affect other methods of monitoring.

https://en.wikipedia.org/wiki/Carpenter_v._United_States

> The Supreme Court's ruling in Carpenter was narrow and did not otherwise change the third-party doctrine related to other business records that might incidentally reveal location information, nor did it overrule prior decisions concerning conventional surveillance techniques and tools such as security cameras.

You're trying to expand the scope of the decision on Carpenter to encompasses video cameras, or location tracking in general, but that is not true.

> The quote that you're responding to literally says "What matters is that LE is conducting fourth amendment searches using that data".

No, it does not. It says that public activity may be protected, not that it is protected. And you're conveniently ignoring the fact that this decision was narrowly scoped to the context of phone location data.

> if the cops are searching a persistent database which monitors and tracks people over time, it is a 4A issue.

Carpenter only established this in the context of phone location information. You're inventing your own decision when you try to expand this to public facing cameras.

text0404 2 hours ago | parent [-]

I'm not talking about the specific ruling, I'm quoting the justification that the justices used in coming to that ruling, which is extremely relevant to modern day surveillance and whether LE using surveillance cameras from a third party to reconstruct people's movements constitutes unreasonable searches under 4A. Based on their arguments, it appears so.

> nor did it overrule prior decisions

I'm not saying it overruled prior decisions. I'm saying the reasoning of the judges has an effect on future surveillance technologies.

> You're trying to expand the scope of the decision on Carpenter to encompasses video cameras, or location tracking in general, but that is not true.

No, I'm saying that the same principles that led to the outcome of Carpenter also apply to technologically-assisted tracking (which includes LE using surveillance cameras to track movements over time).

Manuel_D 2 hours ago | parent [-]

> No, I'm saying that the same principles that led to the outcome of Carpenter also apply to technologically-assisted tracking (which includes LE using surveillance cameras to track movements over time).

And this is just a factually wrong statement about the Carpenter decision. The Supreme Court didn't apply the same principles to other methods of surveillance. They could have. But they did not, and instead gave a narrowly scoped decision that was limited to cell phone location data.

What you think the Supreme Court should have decided is irrelevant.

apercu 3 hours ago | parent | prev | next [-]

The constitution was written centuries ago and its authors expected the founding documents to be routinely updated.

mrtesthah 7 hours ago | parent | prev [-]

Notice that the person I responded to was speaking about a military checkpoint near the border. Do you know what that is?

Manuel_D 6 hours ago | parent [-]

If anything that makes surveillance even less noteworthy. Is it really surprising that a military installation has surveillance?

pseudalopex 6 hours ago | parent | next [-]

They did not say installation.

Manuel_D 6 hours ago | parent [-]

A checkpoint is a type of military installation. Specifically an installation with the purpose of monitoring and controlling traffic traveling through the checkpoint.

pseudalopex 3 hours ago | parent [-]

A check point is a point where people or things are checked. It could be military or civilian. It could be permanent or temporary. It could be 1 person and a vehicle parked in a road. This would not be a military installation to most people. Or dictionaries. Or laws.

Manuel_D 2 hours ago | parent [-]

And the point remains, regardless of semantic quibbling: a checkpoint is probably the least surprising place to encounter surveillance. Arguably, it's the whole point of a checkpoint to surveil, "checking" in your terminology, who's passing through.

apercu 3 hours ago | parent | prev [-]

I was on a public highway.

bix6 7 hours ago | parent | prev [-]

Please see my reply to the other response

apercu 3 hours ago | parent | prev [-]

Surreal in that I’ve only dealt with that sort of thing (army checkpoints) in places that have active armed military conflicts.

kspacewalk2 7 hours ago | parent | prev | next [-]

Flock is a retroactive dragnet on demand. Whenever you want to, you can go back in time and put a digital dragnet in an area of your choosing in order to identify someone you now know you want to find.

Manuel_D 7 hours ago | parent | prev | next [-]

The difference is that your example involves physically stopping and searching people. This is not the case with Flock, which records images in public.

The government does not and never did require any warrant or justification to record people in public spaces. Not just the government, but normal people too: you can whip out four phone and start recording people in public any time you want.

text0404 6 hours ago | parent | next [-]

The government does need a warrant to surveil me, though, and multiple court cases have found that using an intermediate third party doesn't absolve the government from adhering to the fourth amendment.

Manuel_D 6 hours ago | parent [-]

The government needs a warrant to search you, your home, your vehicle, your email, etc. The government does not need a warrant to record you in public spaces.

You're correct that the government can't use a third party to circumvent privacy laws. But privacy laws never prohibited what Flock does. The government could directly set up its own cameras in public, and nothing about that violated the Fourth Amendment.

text0404 6 hours ago | parent | next [-]

The government does need a warrant to surveil someone, though. Which is what is happening here: a third party surveils citizens and the government searches that data.

Manuel_D 6 hours ago | parent [-]

Whether or not the government needs a warrant to surveil someone depends on how the government is conducting that surveillance. The government does, for instance, need a warrant to wiretap you. They do not need a warrant to record people in public spaces. Nor do they need a warrant to, say, photograph the exterior of your house.

text0404 6 hours ago | parent [-]

But they need a warrant to follow me around, record my movements, put them into a database which is searchable by other law enforcement. They're not taking a single photograph of a car, they're creating a database of movement of people who have not committed crimes.

Manuel_D 6 hours ago | parent [-]

No, they do not need a warrant to follow you in public. What more is there to say, besides that you're just wrong about what privacy laws protect?

text0404 6 hours ago | parent [-]

They need a warrant if they're going to record and track my movements over the course of months.

Manuel_D 5 hours ago | parent | next [-]

If they're only tracking your movements in public, the no they do not. Again, you're just wrong about what privacy laws protect. They do not prohibit the police from surveilling or tracking you, they only control how the police is able to conduct that surveillance. If the police want to search your house or car, they need a warrant or at least probable cause for the latter. If they want to photograph you in public, they do not.

5 hours ago | parent | prev | next [-]
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5 hours ago | parent | prev [-]
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UncleMeat 5 hours ago | parent | prev [-]

> The government does not need a warrant to record you in public spaces.

This is not true. The question is whether you have a "reasonable expectation of privacy." If you do, then the government needs a warrant. This is why the government can't tap a payphone without a warrant even though it is in public.

It is true that a single police officer can post up somewhere and scan license plates without a warrant. The difference here is scale. The question of whether scale affects a "reasonable expectation of privacy" has never been addressed by the supreme court, though it has been raised before and discussed in concurring opinions.

Manuel_D 5 hours ago | parent [-]

> This is not true. The question is whether you have a "reasonable expectation of privacy." If you do, then the government needs a warrant. This is why the government can't tap a payphone without a warrant even though it is in public.

"Reasonable expectation of privacy" covers things like restrooms. Not highways, streets, parking lots, etc. This isn't relevant for Flock.

UncleMeat 3 hours ago | parent [-]

"Reasonable expectation of privacy" covers whatever the public believes is reasonable. The original case creating this doctrine was about phone booths.

mypalmike 7 hours ago | parent | prev | next [-]

Recording equipment didn’t exist when the constitution was written.

Manuel_D 6 hours ago | parent [-]

The Supreme Court has set precedence that video recordings of public spaces fall under the plain view doctrine: police don't need a warrant or probable cause to record things in public view.

text0404 6 hours ago | parent [-]

Sure, but putting that data into a persistent database which law enforcement searches on demand is a violation of the fourth amendment.

Manuel_D 6 hours ago | parent [-]

No? Which Supreme Court decision decided that persisting video recorded in public is a violation of the Fourth Amendment?

text0404 6 hours ago | parent | next [-]

Chatrie. It's about the use of the data, not the data itself.

Law enforcement searches a database of recorded, retained, aggregated data about people who have not committed crimes: this constitutes a fourth amendment search. Go ahead and record all you want, but when law enforcement decides to use that data, they have to get a warrant.

Manuel_D 6 hours ago | parent [-]

That case didn't cover public-facing cameras, that was about the government demanding telecoms hand over geolocation data on their users. The government was demanding that mobile providers hand over private data, akin to asking Google for your gmail contents.

This is far removed from a camera set up in a public space.

text0404 6 hours ago | parent [-]

Chatrie held that the government conducted a fourth amendment search when it got the location data, even though the data was held by a third party. The reasoning was that the data revealed Chatrie's physical movements, not that Google itself was somehow a constitutionally private space.

Manuel_D 6 hours ago | parent [-]

It didn't just reveal Chatrie's movements, it revealed to movements of everyone in the geofenced area. And more importantly, it revealed movements even in private not just in public.

Again, this is far removed from a camera in a public space.

text0404 6 hours ago | parent [-]

Chatrie was not about the dragnet capturing people in private spaces. It established that LE acquisition and aggregation of location information can constitute a fourth amendment search even when the observations are made in public.

Manuel_D 5 hours ago | parent [-]

But the observations in the Chatrie case weren't made in public. This was private information that only Google had access to, and law enforcement went and demanded that Google hand over that private information.

By contrast, a person can stand on a street corner with their phone and record everything a Flock camera records.

text0404 5 hours ago | parent [-]

The SC's holding was that the government's acquisition of location data from a third party was itself a fourth amendment search because the individual has a reasonable expectation of privacy wrt location data. So you're kind of agreeing with me here: the data is either private and subject to a warrant, or it is in public where individuals do have a reasonable expectation of privacy wrt aggregated location information.

And again, a person standing on a street corner is constitutionally distinct from LE following and tracking individuals movement over time.

Manuel_D 5 hours ago | parent [-]

> The SC's holding was that the government's acquisition of location data from a third party was itself a fourth amendment search because the individual has a reasonable expectation of privacy wrt location data.

Specifically, the GPS coordinates logged by their cellphones.

> So you're kind of agreeing with me here: the data is either private and subject to a warrant, or it is in public where individuals do have a reasonable expectation of privacy wrt aggregated location information.

You're missing the point: Flock camera's don't record where people have a reasonable expectation of privacy.

> And again, a person standing on a street corner is constitutionally distinct from LE following and tracking individuals movement over time.

Wrong: as long as law enforcement are only tracking your movements in public, they don't need a warrant or probable cause.

6 hours ago | parent | prev [-]
[deleted]
gothbytes 6 hours ago | parent | prev [-]

Cool, then the Flock data should just be public and accessible to everyone since there's no expectation of privacy in public.

If not, why not?

Manuel_D 6 hours ago | parent [-]

There's nothing stopping you from setting up a webcam pointed out your window. If you want to set up your own public-facing ALPR cameras, there's nothing stopping you.

gothbytes 5 hours ago | parent [-]

Can I put cameras up on every street corner and on every traffic light? Doesn't answer my question anyways. I'm asking if the government via a third party can have this ability, would you have any objection to the entirety of the public from having this data and camera access? I'm assuming not since the people who advocate for this technology see nothing wrong with it.

If you do have a problem with public access to these cameras and tracking software, then it would be hypocritical.

Manuel_D 5 hours ago | parent [-]

If you owned property, or otherwise got permission from the property owners to put cameras there, then yes.

philipwhiuk 9 hours ago | parent | prev | next [-]

FISA basically authorises dragnet on demand - it's how XKeyscore operates.

smallmancontrov 8 hours ago | parent [-]

"It's not a search unless we found something."

- FISA courts, re: 4th Amendment

DoneWithAllThat 8 hours ago | parent | prev [-]

No. It is not and to claim otherwise is hyperbole. The key difference is police stopping and/or questioning people en masse without reasonable suspicion is in fact illegal unless under extreme circumstances. Simply noting everyone’s license plate is wholly legal, and more importantly for this conversation, is drastically less intrusive and qualitatively different from a so-called dragnet. You don’t get to just conflate the two scenarios to better fit your personal preferences of what is or is not legal.

jordanb 7 hours ago | parent [-]

Dragnets have been constrained on both fourth and fifth amendment grounds. It's not merely the inconvenience of being stopped and questioned that makes a dragnet illegal, it is also an illegal search.

Manuel_D 7 hours ago | parent [-]

But Flock isn't searching anybody. You keep calling it a dragnet, or an illegal search, but the courts have repeatedly held that recording images in public needs no warrant or probable case.

text0404 5 hours ago | parent [-]

Law enforcement is using a third party (Flock) to get around constitutional requirements.

A camera pointed at a public street isn't the same constitutional question as LE searching a persistent database to reconstruct someone's movements. The latter falls into fourth amendment search territory.

Manuel_D 5 hours ago | parent [-]

Jesus, how many times are you just going to parrot the same replies over and over? No, the putting public facing camera video into a database does not make it a search. The case you cited, Chatrie vs. United States, involved the government demanding that Google hand over private cellphone location data on everyone inside of a geofence boundary. The court decided that forcing Google to hand over geolocation data was akin to forcing Google to hand over email contents, which requires a warrant. You're trying to turn around and interpret this to saying that the plain view doctrine doesn't apply to ALPRs, which record public spaces.

This isn't the case of law enforcement using a third party to get around constitutional requirements. The government could set up their own cameras doing exactly what Flock does, and it would still not violate anyone's constitutional requirements. Because people don't have a right to not be recorded in public, no matter how much you want that to be the case.

text0404 5 hours ago | parent [-]

> Jesus, how many times are you just going to parrot the same replies over and over

The same amount that you do, dude. You're in every single one of these threads, and despite being proven wrong over and over again you keep being "confused" about how people are against this technology. Even in this thread, you keep responding with the same points based on your equivocation of an individual taking a picture in public and a state law enforcement organization aggregating and tracking individuals who haven't committed crimes.

Try reading some SC cases and actually paying attention to the responses you're getting.

Manuel_D 5 hours ago | parent [-]

I had already addressed your same points an hours earlier:

https://news.ycombinator.com/item?id=49629159

https://news.ycombinator.com/item?id=49629142

And yet you still start yet another thread insisting that a database makes public facing video cameras a privacy violation.

When have I been "proven wrong over and over again"? The court cases you've cited are all about governments demanding private cell phone location information. You're trying to take decisions that amount to, "the police need a warrant to demand private cellphone location data from telecoms" and make the enormous leap to your imaginary decision, "the police cannot record people in public and search those recordings".

text0404 5 hours ago | parent [-]

Just because the specific ALPR technology was not being litigated doesn't mean that the law doesn't apply to similar technologies. At issue here is the government being able to monitor and track people in public, not that photographs are ok because individuals can take them at will.

> A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, “what [one] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” Katz, 389 U. S., at 351–352. A majority of this Court has already recognized that individuals have a reasonable expectation of privacy in the whole of their physical movements. Jones, 565 U. S., at 430 (Alito, J., concurring in judgment); id., at 415 (Sotomayor, J., concurring). Prior to the digital age, law enforcement might have pursued a suspect for a brief stretch, but doing so “for any extended period of time was difficult and costly and therefore rarely undertaken.” Id., at 429 (opinion of Alito, J.). For that reason, “society’s expectation has been that law enforcement agents and others would not—and indeed, in the main, simply could not—secretly monitor and catalogue every single movement of an individual’s car for a very long period.” Id., at 430.

https://www.law.cornell.edu/supremecourt/text/16-402

Edit for your edit: you haven't refuted anything man, you keep trotting out the same arguments in those linked threads:

- The data includes "private movements" which is why it's unconstitutional (the SC said aggregation of public data can impel privacy concerns)

- An individual or LE can take a photograph of you or your house, therefore collecting photographs from geolocated cameras and tracking you over time is not constitutionally distinct (but it is)

- The specific technology at the center of these cases are not ALPRs, therefore the rulings have no bearing on Flock (despite the fact that courts are not litigating the specific technology, but rather the constitutional principles of their use)

Manuel_D 4 hours ago | parent | next [-]

> The data includes "private movements" which is why it's unconstitutional (the SC said aggregation of public data can impel privacy concerns)

But does it? You keep insisting this is the case, but your attempts to back up this claim are cases with totally different scenarios. Namely demanding that telecoms hand over location information.

> - An individual or LE can take a photograph of you or your house, therefore collecting photographs from geolocated cameras and tracking you over time is not constitutionally distinct (but it is)

The point is to emphasize that the information collected by Flock is in plain view. The plain view doctrine is well established. The police don't need a warrant to observe publicly visible things.

> The specific technology at the center of these cases are not ALPRs, therefore the rulings have no bearing on Flock (despite the fact that courts are not litigating the specific technology, but rather the constitutional principles of their use)

The cases you've cited all involved private information being obtained without a warrant. You can't just ignore the fact that a GPS tracker or cell phone location information also reveals private movements, as opposed to public facing camera which only record public activity.

Manuel_D 5 hours ago | parent | prev [-]

Again, you keep citing decisions without bothering to understand the context behind the. For instance,

"To the contrary, “what [one] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” Katz, 389 U. S., at 351–352. A majority of this Court has already recognized that individuals have a reasonable expectation of privacy in the whole of their physical movements. Jones, 565 U. S., at 430 (Alito, J., concurring in judgment);"

This is about the police planting a GPS tracker on someone's car - that's that "Jones" is referring to here. That case involved the police tracking someone in public and in private.

text0404 4 hours ago | parent [-]

You're confusing the technology used in Jones with the principle Carpenter cited it for: a person can have a 4A privacy interest in the whole of their physical movements, including movements in public.

Manuel_D 4 hours ago | parent [-]

And for the second time, you're trying to dodge the distinguishing factor between Jones and Flock. The former tracked movements in public and in private. The latter, only in public. That, and the Jones case involved the police accessing someone's vehicle without a warrant.

You seem to be under the impression that the opinion of the court in the Jones was that everyone's public movements are private and the police need a warrant to track your public movements through and any all means. But that was not the decision of the court. The police and still just follow you, Jones notwithstanding.

You can desire your public movements to be protected by the Fourth amendment all you want, but that does not make it so.

text0404 3 hours ago | parent [-]

I'm not claiming Jones held that cops need a warrant to visually follow someone on a public street. The point you're avoiding is that Carpenter expressly cited Jones for the proposition that people have a fourth amendment interest in the "whole of" their physical movements, and distinguished ordinary observation from technologically enabled, comprehensive tracking. Just because the camera is in public doesn't make it permissible.

And maybe it wasn't the decision in Jones, but Carpenter specifically cites Alito's concurrence for the proposition that a person has a 4A privacy interest in aggregation of movement data and describes GPS tracking in Jones as raising those privacy concerns.

Manuel_D 12 minutes ago | parent [-]

As I've repeatedly explained, the Carpenter decision was narrowly scoped to cell phone location data. The decision did not do anything to restrict other forms of monitoring. The idea that Carpenter restricts governments' ability to video record public spaces is entirely your own invention.

https://news.ycombinator.com/item?id=49632990

https://news.ycombinator.com/item?id=49630733

gnfargbl 10 hours ago | parent | prev | next [-]

> users have a private relationship with Google where they elect to let Google track them and retain their information

Elect to is a bit strong here. Acquiesce to, maybe, or perhaps suffer to.

apexalpha 10 hours ago | parent | next [-]

You elect to buy an Android and not an Apple I suppose.

noir_lord 10 hours ago | parent | next [-]

While I'd generally agree that Apple is the better of the two on the privacy side it's still a false choice because you pretty much have to pick one as a regular person as things currently stand.

It becomes harder over time to function in society without a smart phone (I know this because I barely use mine and it usually lives at home but my partner runs her life off hers).

apexalpha 10 hours ago | parent [-]

I agree but it's clear why you could argue it should be elect from a legal standpoint.

simonwsimonw 10 hours ago | parent [-]

[dead]

dns_snek 8 hours ago | parent | prev | next [-]

This style of argument is nonsense because deciding between Android and Apple has about a hundred unrelated but equally important consequences. There is no choice that aligns with all of your wishes (and rights).

Privacy? Just buy Apple (largely an urban legend at this point, but regardless).

Actual ownership? Just buy Android.

Security? Just buy Apple (or Pixel with GrapheneOS).

Repairability? Just buy one of these 4 Android models.

Headphone jack? lol.

tomrod 8 hours ago | parent | prev | next [-]

GrapheneOS for the win, here.

gspr 8 hours ago | parent | prev | next [-]

The fact that most people in the western world have two terrible companies to choose between in order to have normal life conveniences is outrageous. (Here in Europe we actually have no choices that operate under our laws!)

We need laws mandating open and interoperable interfaces and standards for all the things a modern life takes for granted: public transit, banking, digital ID, etc.

Once that's in place, we can start talking about what people are "choosing". Because currently our "choice" is at best between a rock and a hard place (or as we say in my native tongue: between plague and cholera).

9 hours ago | parent | prev [-]
[deleted]
aftbit 9 hours ago | parent | prev [-]

Well, nowadays, Google location history is stored on-device. Google Maps sends your position to their servers, both for geocoding and to power their traffic estimation. Even when location history was in the cloud, you could turn it off. It even asked when you opened Maps for the first time. Most people chose the default blue button to leave it on. You could also just turn off location on your phone entirely when you didn't want Google to know where you were.

The tricky bit is the cell tower location. That cannot be disabled unless you go into Airplane mode or turn your phone off. Broad location (which tower are you associated with) is needed for the network to route your calls, while precise location is used for E911.

harporoeder 10 hours ago | parent | prev | next [-]

There is not generally an expectation of privacy in public. Things in public can be recorded without consent. Filming a car on a street and giving that video to the government is not the same as me giving private information to a third party, and then them giving it to the government such as Carpenter v United states covers.

Edit: Note that this is not an endorsement, rather stating that recent supreme court cases may not be applicable.

someguyiguess 10 hours ago | parent | next [-]

Private citizens filming in public and police forces setting up arrays of surveillance cameras in public somehow don’t seem equivalent. I’m not a lawyer so I can’t properly articulate what the legal difference is. And if there isn’t one then the law needs change. Clearly the majority of citizens agree with me.

Is it legal for US citizens to all put cameras on their cars and set up a network where we can all see where all police are at any given time?

Seems like a good idea at this point.

Supermancho 8 hours ago | parent | next [-]

> Private citizens filming in public and police forces setting up arrays of surveillance cameras in public somehow don’t seem equivalent.

The reason these strategies (for the same goal) don't seem equivalent is due to the nature of oversight. Flock as a centralized private company governed by a procedural system, can be corrupted and abused more easily than a distributed network. Flock's systems have already been abused and will continue to be.

Re Title: Flock doesn't "want" anything in particular, other than to sell more contracts and make more money.

EvanAnderson 10 hours ago | parent | prev | next [-]

The quickest way to get dragnet surveillance banned would be for citizens to collaborate and create a massive publicly-available surveillance network.

DrScientist 8 hours ago | parent | next [-]

It's legal to film publically - what's not necessarily legal is what you then do with that.

There are already precedents - for example it's legal to film ICE agents in public spaces, it's not necessarily legal to use information to dox if that can be construed as harassment.

Even if you crowd sourced the identification of somebody involved in a potentially criminal act, you can only share that with the police and not the wider public.

The law is asymmetric here because the police have powers reserved for themselves to stop vigilantism.

Perhaps an interesting angle here would be if you can make the case that companies like flock are involved in harressment themselves...

hilariously 8 hours ago | parent | next [-]

It's legal for ICE to kill you in the street, lie about what you were doing, and nothing will happen to them.

15155 8 hours ago | parent | prev [-]

> it's not necessarily legal to use information to dox if that can be construed as harassment.

This is an incorrect understanding of the issue, these individuals are protected using a unique and unusual statute. In a mass broadcast scenario, without identifying their profession in context, there's arguably no crime here. There's certainly no crime to broadcast that you've seen their license plates with no association with their names (the statute doesn't cover that.)

> Even if you crowd sourced the identification of somebody involved in a potentially criminal act, you can only share that with the police and not the wider public.

What are you talking about? This is most certainly legally false in the United States. If you are incorrect about someone you might be found against for libel, but there's no crime here. This is basic First Amendment activity. Have you never watched the news or read a newspaper? Allegations are part and parcel.

These are also entirely the wrong analogies. Both of these are highly individualized scenarios that are not akin to Flock. "Public Flock" is more like a public traffic cam that anyone can view, and these already exist without issue.

DrScientist 6 hours ago | parent [-]

I'm trying to distinguish the collection of information from the use. Collection is legal - however there is no point to collecting it if you can't actually use it for anything.

For example:

https://www.pbs.org/newshour/nation/federal-prosecutors-char...

or https://www.justice.gov/usao-cdca/pr/santa-monica-man-pleads...

15155 an hour ago | parent [-]

I'm well aware of these cases (and have commented about the specific statute in question in the past here.) The originally purported analogy of a "public Flock" that you can "actually use" is completely different than what the statute protects. "Hey! Look! Here's an ICE agent's home address" is a lot different than "here's a list of vehicles who traveled down this street on a given date and time."

The statute in question is 18 USC § 119: https://www.law.cornell.edu/uscode/text/18/119

To preface: this statute is very arguably prior restraint and unconstitutional, which is likely why you only see those cases (non-affluent, non-connected defendants.) Furthermore, you'll notice that it requires "intent to threaten, intimidate, or incite the commission of a crime of violence."

I hate to get specific into this one very questionable statute, but no general/broad restrictions exist with regards to disseminating the video data or license plate information contained within. License plate data doesn't fall into the statute's definition of "restricted personal information," and the operator of a hypothetical service that doesn't single out these "protected" individuals amongst the rest of the population cannot be possibly construed as having malicious intent. This is an extremely unusual statute, few others like it exist.

A "public Flock" would let any interested party query the entire database of observed license plates. Collection isn't individualized to any one person, use and intent resides with the individual consuming the service.

sicktriple 10 hours ago | parent | prev | next [-]

Yes. Once the application of force happens outside the state's monopoly, they'll shut that shit down so fast.

deltoidmaximus 8 hours ago | parent | next [-]

I guess I'm more cynical at this point. This isn't the 1970s when a congressman freaked out that his video rental history might leak and passed a law making them private for everyone as cover. They've evolved beyond that. They'll pass a law banning it for individuals but leaving a loophole for themselves. Like how Chat Control always contains a provision so that officials messages aren't a part of the dragnet.

bilbo0s 9 hours ago | parent | prev [-]

I loathe surveillance networks. As much as I loathe them, I'm sadly forced to concede that probably citizens setting up a trivially join-able, anonymous, open source surveillance network is probably the only way to get the powerful to think about what they're doing.

Every door man, every hotel employee, every uber driver, every concert-goer, every grocery shopper, every student, and on and on and on. Anonymously streaming their encrypted feeds. Have them turn their cameras onto the street. Especially, say, in front of hotels or at certain restaurants and resorts. Ohhh, and at convention centers as well. Just to show it can pick out subjects at busy places and track them around any city reliably.

Naturally, we'd need some sample facial recognition queries just to show how to use the system. We could start with, say, public figures like Representatives, and Senators? And just to prove it works for less famous people, maybe we could have some example names of regular, everyday employees. Like employees at, I don't know?? Palantir, Flock and Clearview maybe? Just to demonstrate the value and effectiveness of public surveillance networks.

arealaccount 9 hours ago | parent | prev | next [-]

Good luck getting permits to install your citizen flock in public areas.

15155 8 hours ago | parent [-]

Enough private businesses abut major thoroughfares that this is a non-issue.

WaitWaitWha 10 hours ago | parent | prev [-]

... of politicians. Because they are the ones who could write the laws to ban privacy invasive solutions.

wavemode 8 hours ago | parent | prev | next [-]

> Is it legal for US citizens to all put cameras on their cars and set up a network where we can all see where all police are at any given time?

Sure. There's absolutely nothing illegal about monitoring the location and activity of police (unless you broke some other law to do so, like hacking).

Hell, most of them will simply tell you where they are and what they're doing, as they tend to broadcast over unencrypted radio (which is also not illegal to listen to).

ethagnawl 8 hours ago | parent [-]

> There's absolutely nothing illegal about monitoring the location and activity of police

In theory, sure. In practice? Good luck.

https://www.forbes.com/sites/siladityaray/2025/10/03/apple-t...

planckscnst 8 hours ago | parent | prev | next [-]

Yes, it's different. It's a legal doctrine called mosaic theory.

https://share.google/f10FzHcf2jPqSzTRM

pydry 10 hours ago | parent | prev [-]

already happening and it seems it is legal https://www.reuters.com/legal/government/citizens-are-tracki...

DrScientist 8 hours ago | parent [-]

Another area that's also existed for quite a while is the crowd-sourcing of the positions of mobile speed traps.

Though bizarrely in the UK that's legal if you do it via Waze, not if you do it via whatsapp.

stuaxo 10 hours ago | parent | prev | next [-]

The language doesn't really cover things correctly.

You don't expect privacy in public in the sense that you might bump into other people that know who you are.

That doesn't automatically mean that you expect walking into a public area means a system will start investigating you and seeing if you match with crimes.

Assuming everyone in public is a suspect and continually investigating them, is a big change in how society works.

ethagnawl 7 hours ago | parent | next [-]

It's the same with all of these issues; the frog always gets boiled. In the same way the people who drafted the Constitution/Bill of Rights couldn't have imagined AR-15s, they could never have imagined a (practical) surveillance network capable of tracking people (historically and in real-time) in the way Flock, Axon and these other shady fucks do.

bilbo0s 9 hours ago | parent | prev [-]

>Assuming everyone in public is a suspect and continually investigating them, is a big change in how society works.

Well that's not exactly how it would work.

Everyone is tracked, but only certain people are watched. That added to the fact that any nation with a sufficiently complex legal system has no law abiding residents. You've always broken some law, somewhere.

So it would be more like:

>[Pick any person from] everyone in public [and the system has the capacity to list the reasons why that person] is a [criminal]

empyrrhicist 9 hours ago | parent | next [-]

These systems aren't perfect recognition oracles - there are lots of errors, especially as you scale up the technology. At the end of the day, it's a probabilistic identification correlated to a stream with a mix of of reported or suspected crimes. Your framing completely misses the reality. I'd argue that the OP's language is a much better fit.

lp0_on_fire 9 hours ago | parent | prev [-]

> Everyone is tracked, but only certain people are watched.

The "only certain people are watched" hinges on pinky swears, winks, and nods. IMO it's a distinction without a difference.

perlgeek 10 hours ago | parent | prev | next [-]

>There is not generally an expectation of privacy in public.

And that's the problem, because if there isn't an expectation of privacy, and we record everything that's "in public", we land in a dystopic hellscape.

The problem is really that "privacy" vs. "public" isn't a binary choice. Yes, I expect people to see me in public if they happen to walk by. That's quite different from every movement being recorded and made searchable. Most privacy laws don't really account for that being possible.

hdgvhicv 9 hours ago | parent [-]

Likewise being recorded on a cctv camera which sits on a vhs for a few weeks and then is consulted when a crime has occurred is very different to being recorded on a camera and being immediately processed, analysed, and information kept forever, including “person X arrived at time Y accompanied by person Z”

It’s a question of scale and ability.

guns 9 hours ago | parent | prev | next [-]

Rehnquist anticipated but unfortunately did not prevent the abuse of the third party doctrine back in 1983.

“Respondent does not actually quarrel with this analysis, though he expresses the generalized view that the result of the holding sought by the government would be that "twenty-four hour surveillance of any citizen of this country will be possible, without judicial knowledge or supervision." But the fact is that the "reality hardly suggests abuse," If such dragnet-type law enforcement practices as respondent envisions should eventually occur, there will be time enough then to determine whether different constitutional principles may be applicable.” — United States v. Knotts, 460 U.S. 276, 284 (1983)

https://www.law.cornell.edu/supremecourt/text/460/276

leonidasrup 10 hours ago | parent | prev | next [-]

"

The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties, such as banks and phone companies, generally have "no reasonable expectation of privacy" in that information. This precedent, established in Supreme Court cases in the 1970s, allows the U.S. government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant. "

https://en.wikipedia.org/wiki/Third-party_doctrine

ceejayoz 9 hours ago | parent | next [-]

It's like allowing police departments to hire a hitman to avoid the Fifth Amendment.

9 hours ago | parent | prev | next [-]
[deleted]
thomastjeffery 7 hours ago | parent | prev [-]

I'm not voluntarily sharing my license plate number. I'm legally required to display it.

OGWhales 10 hours ago | parent | prev | next [-]

Flock goes far beyond that, they allow the government to retroactively string together a person's history of movement. Prior cases establish that continuous and retrospective tracking like that violates a reasonable expectation of privacy and requires a warrant.

apwheele 10 hours ago | parent | prev | next [-]

They are relevant and courts have considered the whole of a persons movements standard in terms of whether querying ALPR data constitutes a search, https://andrewpwheeler.com/2026/08/12/license-plate-reader-s...

Under current case law (Carpenter and recently affirmed in Chatrie) it will definitely be a search, IMO it is just when the sensors become dense enough according to the court (absent states do not make regulation themselves to require a warrant for historical data).

fmobus 10 hours ago | parent | prev | next [-]

> There is not generally an expectation of privacy in public. Things in public can be recorded without consent

This is _not_ universal. Many jurisdictions take a different view on this.

Nevermark 10 hours ago | parent | prev | next [-]

> There is not generally an expectation of privacy in public.

Which is entirely different from an expectation of a generalized systematic loss of practical privacy in public.

They are not even close to the same thing.

The willingness to kneel to others baffles me. Loss of practical privacy is loss of power - to somebody(s). It may not seem so for one person. But when it is true for everyone, the system will adapt to using that power.

Throw in AI and data integration. This is clearly a B.A.D. idea.

ceejayoz 10 hours ago | parent | prev | next [-]

> There is not generally an expectation of privacy in public.

Surely we can agree the point of this technology is to change the level of privacy one should reasonably expect in public?

matthewdgreen 10 hours ago | parent | prev | next [-]

Prompting a system to give a history of a person’s movements (even if they’re movements “in public”) is not something that has any historical analogy. The law has slapped down the “it’s in public” argument in cases like this, see eg Baltimore’s ubiquitous aerial surveillance (they put a wide-angle lense on a surveillance plane and recorded everything, so they could rewind and search anyone’s locations.)

harimau777 10 hours ago | parent | prev | next [-]

I don't think that's actually true. Follow someone around reading their phone over their shoulder and see how people react.

unethical_ban 10 hours ago | parent | prev | next [-]

Yes, there is an expectation in the history of free society that the government is not proactively observing every person on every block, asking for ID, and following them down the streets, then documenting that and correlating it with other people's activities and making it accessible to law enforcement personnel without a warrant across the country.

I retch when people say there is no expectation of privacy in public as some naive defense of the panopticon.

thomastjeffery 7 hours ago | parent | prev | next [-]

All that means is that the ends (and not the means) are the determining factor.

A private company can have plenty of legitimate reasons to film in public spaces, and to incidentally film people.

Flock's ends are to explicitly track people, and to use that data to accuse them of criminal activity. Those are the ends that the 4th amendment is written to explicit protect us from that, and not exclusively from governments, either.

> The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

apercu 9 hours ago | parent | prev | next [-]

Isn't there a difference between getting picked up on someones Tik Tok "broadcast" and a private/public surveillance operation?

bell-cot 9 hours ago | parent | prev | next [-]

In human terms, frequency, impact, and scale matter. If my little dog puts a few ounces of pee in some random person's front yard, it's seen as a micro-infraction at best. Vs. Flock's ideal is more like a factory farm just up the hill, with ever-leaking urine retention ponds.

bparsons 10 hours ago | parent | prev | next [-]

Without any real privacy laws, Americans should not have the expectation of privacy in private spaces either. Your search history, real time location, biometric data, consumer habits etc. are all for sale to anyone who wants it.

dakolli 10 hours ago | parent | prev [-]

Cool we should maybe change those laws then, these definitions of privacy came about in a world where there weren't cameras on everyones face and front porch.

The US government, the 4th reich, cannot be trusted with these tools, especially their law enforcement.

YCisVeryBad 10 hours ago | parent | prev | next [-]

Flock is YC.

This is being done by investors for ads.

Somr govts are cutting deals, those that aren’t are banning them.

Never trust HN articles or high karma accts

KellyCriterion 8 hours ago | parent | next [-]

Do not know about their competitors (and other countries/regulations), but Id guess this going to be a critical product for governments in the future?

michael0church 9 hours ago | parent | prev | next [-]

Checks. I didn’t believe it at first, because I’ve always considered YC, in spite of its flaws, to be politically astute.

brk 8 hours ago | parent | next [-]

In their defense, Flock didn't start off quite this way. They were initially offering a product geared to HOAs and private entities to help with simple violations and things like that. At some point they stumbled on this loophole of allowing LEO's to sidestep restrictions on collecting and storing this kind of data, and then it took off. They were well past the YC investment at that point.

(and just to be clear, at this point I think that Flock has turned into an anti-Constitutional threat to US Citizens and should be wholesale banned and put out of business).

georgemcbay 8 hours ago | parent | prev | next [-]

> I didn’t believe it at first, because I’ve always considered YC, in spite of its flaws, to be politically astute.

YC's current CEO is Garry Tan, who has a lot of ties to "effective accelerationism" and the "dark enlightenment" movement (The Curtis Yarvin/network state/cuckoo for cocoa puffs far-right tech broligarch movement that wants to end all democratic oversight of tech companies).

So, yeah, not only is Flock a YC company, but YC's current CEO produces a lot of propaganda for them. For example, this:

https://garryslist.org/posts/flock-found-more-stolen-cars-th...

...which is perhaps the most obviously Claude-generated AI slop content I have seen (and since the internet is becoming a firehose of this shit, I've seen quite a lot). Like somehow every fucking sentence in it is peak claude-slop.

DarmokTanagra 9 hours ago | parent | prev [-]

[dead]

eastbound 9 hours ago | parent | prev | next [-]

Flock will be a big curriculum that tarnishes YC. Already under YC videos, comments are related to the Flock scandal. Denizen will want to make it a pain for YC until they fix their ethical problem.

creaturemachine 9 hours ago | parent | prev [-]

All that karma farmed with paywall bypass posts. Kinda greasy.

emodendroket 8 hours ago | parent | prev | next [-]

I think there's a reason that they've pushed to get these things up all over the country in a very short amount of time. I feel like the more entrenched they are the less likely the Supreme Court is really going to find against them and tear up the business model, regardless of whether it would be logically consistent or not.

titzer 9 hours ago | parent | prev | next [-]

> In the Google case, users have a private relationship with Google where they elect to let Google track them and retain their information... but when the Police ask for that information it's a 'search' and requires a specific warrant.

Bigcorp has a tendency to treat "anonymized" data as if it were up for grabs. The moment they strip the obvious PII from a data stream, they consider it anonymized, and they can do whatever they want with it. They "value" your privacy--that anonymized data is gold. Of course, such data is such high value and they don't "sell it to third parties", so they technically uphold their pages-long EULA, should they ever be charged in court.

But the nature of a lot of high value information, like fine-grained location and telemetry data, just cannot be effectively anonymized. I mean, how do you think they get real-time traffic information? It's "anonymized" GPS location / speed data from Android phones. And it is from the location services layer, not from Google maps.

pintxo 11 hours ago | parent | prev | next [-]

A reasonable regulation, focusing on personal freedom, would just forbid building such a network in the first place.

alehlopeh 10 hours ago | parent | next [-]

You just need to reasonably predict the future 20 years ago.

pintxo 9 hours ago | parent | next [-]

The history of human civilization is quite telling, no?

fuzzfactor 7 hours ago | parent | prev | next [-]

More like 30 years ago when I got my first webcam and have been deeply considering today's exact scenario, along with many alternatives ever since.

Had nothing to do with any regulations though, actually didn't want to give anybody any ideas either way.

There were so many better things to do back then, and now even more variety of opportunities although not every "ecosystem" turns out to be a net positive if you're not careful.

bluefirebrand 9 hours ago | parent | prev | next [-]

1984 was written in 1949, that feels like a reasonable prediction of Flock a lot longer than 20 years ago

apexalpha 10 hours ago | parent | prev [-]

The EU heavily regulates this specifically in the, here infamous, "AI regulations" .

Though GDPR would also ban this probably.

leansensei 9 hours ago | parent [-]

What's the point, when we have Chat Control 2.0?

brookst 10 hours ago | parent | prev | next [-]

How would you specify this regulation?

It’s very hard to regulate outcomes when the component steps are legal. Not saying we shouldn’t try, just saying that path is well-trodden and rarely works. See: media consolidation, etc

IMO it is much more practical to regulate and penalize the activity of using such a network than to preempt its creation. Heck, BitTorrent can be seen as a surveillance network. But intent and usage make it obvious it’s not.

JoshTriplett 10 hours ago | parent | next [-]

We can absolutely say that, for instance, taking pictures in public is legal but surveilling is not. We could say that recording public spaces systematically, for the purposes of surveillance, is not permitted. That does not require us to say that individuals cannot record in a public place. We can even say that individuals or companies are not allowed to collude to effectively turn individual recordings into systematic public surveillance (e.g. you can't build a product that searches everyone's personal videos of spaces and turns them into a spotty surveillance network).

JohnFen 10 hours ago | parent | prev | next [-]

> How would you specify this regulation?

I'd regulate the database side of things.

What makes mass surveillance systems such as Flock, Ring, etc., incredibly objectionable isn't really the cameras. It's the databases they feed into that allow for the unprecedented invasion into our daily lives. That's also true for non-camera surveillance systems. The concentration and correlation of individually innocuous information adds up to an egregious assault on us all. That's the part that needs heavy restriction and regulation.

Avicebron 10 hours ago | parent [-]

I agree, I just wonder how it's enforced. Just a ban on any dragnet style surveillance?

perlgeek 10 hours ago | parent | prev [-]

The GDPR is far from perfect, but it does cover this. It talks about acquiring and storing information that can be used to identify people. It doesn't specify what counts, so now that face recognition is pretty, it automatically applies to images.

It also talks about uses cases where such things are allowed to be recorded, and forbids all others.

> IMO it is much more practical to regulate and penalize the activity of using such a network than to preempt its creation.

Hard disagree. If such a network is created, foreign adversaries (or domestic ones that don't abide by the laws) can hack them. Has happened quite a number of times.

YCHNPopcorn 9 hours ago | parent | prev [-]

Ask YC - they funded Flock

Manuel_D 7 hours ago | parent | prev | next [-]

> It's pretty clear to be that governments shouldn't be able to 'subcontract' their way out of the limits placed on them via the constitution

At least in the US, they can't. This is already the law.

But what so many people don't understand is that the government does not and never did require a warrant or some other permission to film people in public. Flock isn't allowing the government to bypass limits placed them by the Constitution. Privacy laws, for the most part, protect what people do in private.

One thing the Flock debate had revealed is how many people simply assume everything they don't like is unconstitutional.

pull_my_finger 7 hours ago | parent | prev | next [-]

> In the Flock case the entire REASON the cameras are there is the the government (Police or local municipality) has contracted Flock to surveil the public

Do we know this for fact? Surely, the police are they're biggest consumers, but do they sell access to the APIs to anyone else?

WakeUpHN 8 hours ago | parent | prev | next [-]

YC created Flock 10 years ago.

Created it.

isolay 8 hours ago | parent | prev | next [-]

But who will enforce those decisions and what is the penalty for noncompliance?

ryandvm 10 hours ago | parent | prev | next [-]

I could probably be convinced that some sort of panopticon license plate reader network could be a net positive for society IF it had the necessary and demonstrably infallible audit and oversight systems - especially with respect to the 4th amendment in the United States (i.e. search warrants).

But honestly, law enforcement is the least of my concerns because the industrial surveillance complex has shown time and again that the commercial entities are the ones with the never ending thirst for squeezing ever more profit from every person they can. To me, the far more insidious problem is what happens when Flock needs to keep showing growth? What's to stop them Flock from selling data to any and all comers?

The possibilities are literally endless:

  * Perfect price discrimination. Parking garages, stores, car washes, fast food places perfectly adjusting price based on what you can afford (based on where you've been).
  * Car insurance shadow telematics. You don't want a GPS-tracker installed on your ODB? Fine. They'll still know where you drive and how fast.
  * Clinic-visit based healthcare inference. "Looks like this guy has been going to a cancer clinic. NO HIRE."
  * "Where has your spouse been?"
In an age where your TV is spying on you and your fucking refrigerator is showing you ads, do you really think Flock doesn't already have thousands of ideas on how to monetize commercial surveillance data in the post law enforcement phase?
ethbr1 9 hours ago | parent | next [-]

> To me, the far more insidious problem is what happens when Flock needs to keep showing growth?

To me, this was always the armored gauntlet underneath the velvet glove of any private entity with strong technical locks, Apple included.

The best you can reliably say about any private entity is that they're treating their users well at the moment.

Ultimately, profit always trumps user alignment.

iso1631 9 hours ago | parent [-]

Smaller companies are far less likely to, as their owner is happy with their profit and actually likes running the company.

One a company goes public though, or has significant external input (VC etc), things start on the slippery slope.

mcurist 9 hours ago | parent | prev | next [-]

It exists to give an information asymmetry enabling a maximally extractive market at the cost of inefficiency.

It's the sort of thing that could only exist beneficially in some sort of communist system where deal with crime in some sort of fair way and where access to the information on these networks was regulated and equally available and the non crime information could be used to instead feed a command economy.

It may surprise many that we don't live in that world.

cucumber3732842 9 hours ago | parent | prev | next [-]

>. To me, the far more insidious problem is what happens when Flock needs to keep showing growth?

>The possibilities are literally endless:

Zero chance of any of those examples happening when they already have contractual relationships with municipalities they can leverage. They can simply just extend their services to civil enforcement. Follow the concrete trucks and the contractor vans and everything else around with the cameras and drones and then fine everyone for everything. "You were seen wheeling a water heater out of Home Depot. You got a permit for that". "It sure looks like you bought a lot of Henny last time you were in tax free NH, are you sure none of that wound up in your brother's restaurant."

There's already screenshots of "Your 80k registered truck was seen on a road not open to this traffic with no corresponding overweight permit, pay up" mail violations floating around (I have not vetted them).

And unlike price discrimination, the useful idiots will cheer, because the victims will have on paper broken the rules and can be construed as <checks list of buzzwords> "scofflaws", "antisocial" and "not paying their fair share" even if they have done nothing morally wrong.

emayljames 9 hours ago | parent | prev | next [-]

Elison and Oracle are a big threat, they have an obsession with holding as much data as possible, for every single US citizen they can get their hands on, and it is no coincidence they not only sell electoral targeting demographic data, but also are trying to install dystopian level servers under the whitehouse.

YCisVeryBad 9 hours ago | parent | prev [-]

[flagged]

hsuduebc2 8 hours ago | parent | prev | next [-]

I feel this is assuming that the private ventures will not willingly cooperate and can't be forced to comply other than through warrants.

ImHereToVote 9 hours ago | parent | prev | next [-]

But what if a private company does a fourth amendment violation? What if the private company is the governing body seeking control?

cyanydeez 10 hours ago | parent | prev | next [-]

America's supreme court's consistency will not protect anyone from this problem, no matter how much history says so.

none2585 10 hours ago | parent | prev | next [-]

> Thankfully the supreme court seems to agree here in two ways

I'm sure we're a golden statue or private jet away from the supreme court having a change of heart there.

Lord-Jobo 10 hours ago | parent [-]

It’s called a deluxe motor-coach and it’s the most important currency in our democracy, apparently.

tyrabound 9 hours ago | parent | prev | next [-]

You are of course correct, the issue with this reason and legality based arguments ignore the issue and fact that the capability is the real problem, not whether some local deputy can stalk someone. It’s something I’ve argued with several legal advocacy and rights groups, this is not the time to compromise and rely on case law.

I wish people could see that the very reason and way in which flock popped up almost immediately simultaneously all across the country is because it ids actually a domestic spying matrix, not a policing tool. It is a hostile, domestic and foreign enemy capability; not just some misguided mistake.

As long as the capability exists, it is “vulnerable” to back door access by foreign “intelligence services” that are just pass throughs to the CIA/FBI in this case through the “five eyes”+.

It may be illegal and unconstitutional to do domestic surveillance, which is still done under various “fingers-crossed and therefore the Constitution does not apply” enemy fabrications like national security laws/letters that are not even public, even if they are of course checked and approved by Judge Trust me Bro; but nothing stops, e.g., the various illegitimate American departments and agencies from asking the Australians, British, Canadians, Israelis, etc. if they happen to have any information about who you have met with over the last 5 years, or your country asking if you, foreign civil rights advocate, have met with anyone in America that might be helping spread civil rights in their country in exchange for some other NS deal with tweet another devil.

I wish we had a legitimate government that could actually be trusted with something like a verified, bullet proof Flock camera system that can only be accessed in a verifiable and auditable manner to actually prevent and solve things like abductions and drug/human trafficking and identify lost elderly; but wet love in a society dominated by devils that make deals with murderers, violate the Constitution constantly and consistently, carve out exceptions where none exist or are permitted, and are pedophiles devious criminals of every order and magnitude. I know all these things for a fact in addition to the fact that flock is not the first or the only method/network of mass surveillance that is already fully deployed around the country and world, and gaslighting, narcissistic lies are used to placate people and bribe them with shiny things and “convenience” to be ok with it.

People thought the future would look like some draconian and dystopian 1984, but in reality it is actually the Matrix or even the Minority Report, only far more hidden and with far more Soma.

The point being is that there cannot be any compromise at all, because as I will adapt what was said about the topic, “he who trades basic freedom for false security is guaranteed to receive neither.”

YCcreatedFlock 8 hours ago | parent | prev | next [-]

[flagged]

stronglikedan 8 hours ago | parent [-]

And a lot of other things too. It's kinda the whole point of their existence.

tmpz22 10 hours ago | parent | prev | next [-]

Were pretending we can still have a socratic discussion about this with any consequence.

There will be numerous unevidenced accusations about fraud this midterms. It will blanket the internet and air waves.

Despite republicans being incredibly nervous about trumps chances these midterms, republicans will win the house and the senate. Trump will reaffirm a supermajority, and policies he decreed will only be expanded.

Emboldened, tariffs will continue and expand. The Iran war will continue and expand. Flock cameras will continue and expand.

The supreme court will acquisence slowly piece by piece to ever more draconian constitutional violations.

This is only the beginning.

DFHippie 9 hours ago | parent [-]

> The supreme court will acquisence slowly piece by piece to ever more draconian constitutional violations.

It doesn't seem slow to me.

bko 10 hours ago | parent | prev | next [-]

So you want the government to recreate the tech and control that flock provides.

I don't think this is going to work out like you think it will...

harimau777 10 hours ago | parent [-]

Clearly not, but even that would be better than unaccountable corporations having the tech.

bko 10 hours ago | parent [-]

Corporations are more accountable than government agencies. A government agency can switch vendors or you can drag their CEOs in front of Congress. Try that with some internal bureaucrat in an agency you've never heard of.

ceejayoz 10 hours ago | parent | next [-]

> Try that with some internal bureaucrat in an agency you've never heard of.

https://www.hsgac.senate.gov/hearings/testimony-of-anthony-f...

How many Americans had heard of internal bureaucrat Anthony Fauci and NIAID before 2020?

bko 8 hours ago | parent [-]

I doubt the president of the United States would be so quick to grant a full pardon to the Flock CEO for any past (or future) crimes committed.

Thanks for proving my point.

ceejayoz 7 hours ago | parent [-]

Do you genuinely think this is the only case of a government bureaucrat being called to testify before Congress?

The current President would be happy to give Flock's CEO a pardon, if the price is right. (For example: https://www.newsweek.com/ceo-pardoned-by-donald-trump-arrest...)

harimau777 10 hours ago | parent | prev | next [-]

Leaders of departments (i.e. the government equivalent of a CEO) are dragged in front of congress all the time.

The government at least has a theoretical obligation to promote the public good. It isn't much but it's better than corporations whose only obligation is the shareholders.

The government is also subject to safeguards like freedom of infermation requests which level the playingfield somewhat.

I'm not saying that the government is good. I'm just saying that corporations are much worse.

Lord-Jobo 10 hours ago | parent | prev [-]

Not even remotely true, Idk how you can say this with a straight face after all we have seen in Trump 1 and Trump 2.

Elected officials are basically the CEOs of each of these agencies, they have massive unilateral control and, apparently, can simply choose to unmake the agency at any point.

Except unlike CEOs, they require regular voter approval or they get punted out. If they make a stink the public hates the next president can easily axe their ass. That alone is infinitely better; how many of these horrible companies have 10-20 year CEOs pushing all this shit?

>drag their CEO into congress.

So they can lie and stick their tongue out for days, or just not show up? There is never any consequence for this, congress is functionally toothless. Only the courts and the executive can actually use punitive action.

The fact that there is an avenue of redress at all for public officials makes them so much more accountable than any corporation. Which is exactly why corporations spend so much money influencing public election and congress, they need to subvert the only system than can keep them in check.

nonethewiser 10 hours ago | parent | prev [-]

>It's pretty clear to be that governments shouldn't be able to 'subcontract' their way out of the limits placed on them via the constitution.

Primary example:

U.S. government officials pressuring social-media platforms through intermediaries to suppress constitutionally protected speech.