| ▲ | joshheitzman 4 hours ago |
| Yes, that's what they are. But does that mean are they breaking federal law or unconstitutional? I believe we've been told by the courts repeatedly that we should have no expectation of privacy out in public. |
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| ▲ | hackyhacky 3 hours ago | parent | next [-] |
| I agree that it's not clear that this breaks federal law. But I do think it's clear that this should break federal law. There's an interesting analogy with copyright issues surrounding AI use. Both copyright laws and surveillance were created to (respectively) creative incentives for authors to create novel works; and to protect citizens for indiscriminate surveillance. The laws made sense given the technology available at the time: it simply wasn't feasible to put a cop on every street corner, or to ingest the ideas of every work ever written. But the laws have been eclipsed by technology. Technology makes a mockery of existing laws, by clearly violating their intent. Much has been written to the effect of "why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me." Similarly, Flock cameras have the effect or violating privacy in the exact same way the original laws sought to prevent. Unfortunately, laws are slow to change, and monied interests will fight tooth-and-nail to put their profits above the rights of ordinary people. It's going to be a difficult decade or so coming up. |
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| ▲ | bogwog 3 hours ago | parent [-] | | > why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me Can confirm. I've personally stopped releasing new open source code, and stopped contributing to projects. Until copyright laws are updated to protect my work from being stolen and my labor exploited by AI companies, there's zero incentive for me to participate in open source. Even OSI's cuck licenses are being cucked beyond reason. I didn't think that was possible. | | |
| ▲ | matheusmoreira 3 hours ago | parent [-] | | AIs make short work of proprietary code as well. Reverse engineering has become trivial. Not releasing any code whatsoever is the only possible defense now. I've made my peace with that. What worries me is the fact AIs render licenses irrelevant. What's the point of starting an AGPLv3 project when AIs can just study it and make a proprietary equivalent? The free software movement no longer has any leverage. I also don't feel any sense of accomplishment anymore. Software is so trivial now. Even if I make some unique thing, others can just have an AI copy it. Nothing is special anymore. Feels like there's no point. | | |
| ▲ | joshheitzman 3 hours ago | parent [-] | | Indeed. I specifically decided to open-source my AI coding agent harness (coming later this month) because I felt like I was never going to be able to protect any the trade secrets due to how easy reverse engineering is now. |
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| ▲ | rglover 3 hours ago | parent | prev | next [-] |
| > But does that mean are they breaking federal law or unconstitutional? I'd argue they break the fourth amendment: > 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. What are "unreasonable searches" if not being under "indiscriminate mass surveillance?" |
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| ▲ | joshheitzman 3 hours ago | parent | next [-] | | The US constitution is silent on surveillance. I seriously doubt anyone from the 1700s would consider watching people in public spaces to be a search. Automating watching people doesn't seem like it transforms watching into to a search either. | | |
| ▲ | Brybry 2 hours ago | parent | next [-] | | People in the 1700s would not expect all of their movements to be tracked and watched at all times. They would definitely take issue with this. The issue of their time was general warrants/writs of assistance which let the British search anyone anywhere at any time and take their property. [1] The key issue there was the scope of the British power, not the fact that searches and seizures could happen at all. We wanted warrants that were reasonable and limited. The issue is not a single security camera from a private bank. The issue is not a single cop in a car investigating someone. The issue is a national and searchable network of cameras where agents of the government can track anyone at any time for no reason at all. The judge says the police need probable cause and a warrant for a search against an individual. > Freedom from persistent, dragnet-style surveillance while in public is not a foreign concept in our society, and it is a reasonable expectation that society already accepts. This is the same expectation of privacy that the Supreme Court has continued to recognize in cases like Carpenter and Chatrie. Cell phones also move in public places where people can see you in plain view. But it becomes constitutionally problematic when law enforcement can indiscriminately and passively catalog your whereabouts over an extended period of time and then use that information for any purpose whenever convenient. [2] [1] https://constitution.congress.gov/browse/essay/amdt4-2/ALDE_... [2] https://storage.courtlistener.com/recap/gov.uscourts.oknd.76... | |
| ▲ | istjohn 3 hours ago | parent | prev | next [-] | | There's also: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." | | |
| ▲ | joshheitzman 3 hours ago | parent [-] | | That sentence may as well not even be there for all the good it does. Even the enumerated rights keep getting whittled down. |
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| ▲ | AngryData 2 hours ago | parent | prev | next [-] | | In the 1700s it was pretty easy to move into a private place and ensure nobody else was listening though too. We didn't have guard posts on every other corner writing down descriptions of every carriage and wagon that passes by. | |
| ▲ | LadyCailin 3 hours ago | parent | prev | next [-] | | Do you think the people in the 1700s would have approved of having police follow everyone around at all times in public spaces, taking notes? I think it’s easy to imagine how they would feel in principle, even if they couldn’t imagine the specific technology. | |
| ▲ | kennywinker 3 hours ago | parent | prev | next [-] | | You need a warrant to tap somebody's phone. | |
| ▲ | missedthecue 2 hours ago | parent | prev | next [-] | | Ben Franklin intercepted and published private mail in his newspaper | |
| ▲ | nullc 2 hours ago | parent | prev [-] | | Watching people isn't the problem, it's the state requirement to be identifiable-- e.g. display plates (or, in some cases to not wear a mask in public) which is the constitutional issue. The privacy issue is downstream from that. |
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| ▲ | charcircuit 3 hours ago | parent | prev [-] | | >What are "unreasonable searches" if not being under "indiscriminate mass surveillance?" A police officer randomly entering your house and going through all of your belongings. Indiscriminately searching a larger number of people is not necessarily unreasonable. Take for example the TSA at airports where you have to searched to enter and the airpots have a ton of cameras recording every single person there. | | |
| ▲ | kennywinker 3 hours ago | parent [-] | | Frankly, the TSAs security theater should not be taken as an example of reasonable gov behaviour. | | |
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| ▲ | helterskelter2 4 hours ago | parent | prev | next [-] |
| We never had Flock before, it's possible that some legal principles will be reexamined and reinterpreted because they were made around prior assumptions which have been upended by new technology. Who knows, maybe Congress will legislate something. |
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| ▲ | pessimizer 3 hours ago | parent [-] | | > Who knows, maybe Congress will legislate something. Never. | | |
| ▲ | qmr 2 hours ago | parent [-] | | Too busy day trading and vacationing to avoid uncomfortable votes. |
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| ▲ | Waterluvian 4 hours ago | parent | prev | next [-] |
| I’m no American but isn’t it a 4th Amendment issue, and the problem is how the various local, state, federal governments are using a private contractor (Flock) to do an end run around this by pretending that it’s no different from any private citizen recording another in a public space? |
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| ▲ | LPisGood 4 hours ago | parent | next [-] | | This has been allowed generally in US courts, to use private companies to collect data, etc. | | |
| ▲ | helterskelter2 4 hours ago | parent | next [-] | | There may be a solid legal argument that since Flock is operating hand in glove with the government that they effectively are the government within the context of 4A. IMHO, it's not out of the realm of possibility that courts reexamine the government's ability to buy up private data which they would normally be precluded from collecting, and establish limits on their ability to do so. | | |
| ▲ | ratmice 3 hours ago | parent [-] | | This is a good point, especially since it appears that the access flock given is basically reserved for the government. For instance we can't buy from flock a boyfriend stalking pass. The offerings aren't really in line with what flock provides HOAs and private companies... | | |
| ▲ | zhivota 2 hours ago | parent [-] | | This provides an interesting avenue for getting the law changed. If there is no expectation to privacy in public, there should be nothing stopping someone from renting space to install cameras all around their town and selling access to "where are your representatives right now" data feeds. |
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| ▲ | Waterluvian 4 hours ago | parent | prev | next [-] | | Is there a whole thing in the U.S. where it’s a no no with regards to cell data without a warrant? This feels like that. (bear with me, this all comes from random podcasting over the past decade) | | |
| ▲ | akerl_ 3 hours ago | parent | next [-] | | "It's complicated." Cell phones are kinda weird because they carry some of the elements that were built up around hardline phones (similar to how physical mail has a ton of protections that accumulated historically that make it distinct from other mediums). This one generally gets treated legally more like any other data collection in a public space. Essentially, it's not a violation of your rights if somebody sits on a street corner and takes a picture of every car that drives by. There's a really interesting debate about whether there should be some concept of scale (Flock makes it really easy to effectively put somebody on every street corner), but the law generally hasn't changed to take that kind of thing into consideration. You can see the same kind of thing in many of the AI training debates. Training AIs on bulk data has been found in a couple different cases to not be copyright infringement because they're drawing parallels to any other learning, even if the scale here is obviously several orders of magnitude apart from what was ever possible before. For what it's worth: if I own a business in the US and have a camera pointed at the street, and the police ask me for footage, I don't need to require a subpoena. I can just choose to give it to them. | | |
| ▲ | estearum an hour ago | parent | next [-] | | The law doesn't need to change. Court opinions just need to emerge (hasn't been tested yet), and this is quite clearly angling in the direction of the cell tower data decision. > For what it's worth: if I own a business in the US and have a camera pointed at the street, and the police ask me for footage, I don't need to require a subpoena. I can just choose to give it to them. Correct, and SCOTUS decided this was inappropriate for cell tower data because 1) you effectively need a cell phone to live in the modern world, and 2) having a cell phone spits of tons of data. This is directly analogous to Flock. It's more likely than not that this will end up getting a Third Party Doctrine exception (i.e. Flock and similar will be forbidden from providing this data to the government in lieu of a subpoena) | | |
| ▲ | akerl_ an hour ago | parent [-] | | Flock isn’t a third party here, when they’re being contracted by the government. | | |
| ▲ | estearum an hour ago | parent [-] | | You are incorrect. Flock is not a government agency – it is a privately owned business – therefore it is a third party as it's relevant to Third Party Doctrine. Whether it's contracted by the government or not is irrelevant. Even if you were correct, it would strengthen the 4th Amendment protections on Flock-collected data, not weaken them. |
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| ▲ | sixothree an hour ago | parent | prev [-] | | > Essentially, it's not a violation of your rights if somebody sits on a street corner and takes a picture of every car that drives by. In theory sure. But the strange truth is that in practice you aren't allowed to do this. | | |
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| ▲ | ranger_danger 3 hours ago | parent | prev [-] | | My understanding is they can get a current location with just a subpoena (not a warrant) already, but looking at a history of past locations to watch their movements constitutes a Fourth Amendment search requiring a warrant and probable cause. Originally the Third-party doctrine[1] also would allow searches that were otherwise illegal, but recently exceptions have been made for GPS/location history in the courts in recent years (Carpenter and Chatrie). [1] https://en.wikipedia.org/wiki/Third-party_doctrine |
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| ▲ | StanislavPetrov 3 hours ago | parent | prev | next [-] | | When a "private company" is using public land and public money to set up their surveillance devices, it is no longer private. | | | |
| ▲ | 4 hours ago | parent | prev [-] | | [deleted] |
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| ▲ | z3c0 3 hours ago | parent | prev [-] | | "Digital effects" have always been a grey area for unreasonable search-and-seizure. This was an infamous moment for the late Antonin Scalia, who, iirc, argued that the constistution couldn't reasonably be addressing this matter, as the Founding Fathers had no concept of digital effects when defining "documents and effects". |
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| ▲ | windexh8er 4 hours ago | parent | prev | next [-] |
| From others. Not mass surveillance by a private corporation. Otherwise maybe I'll just set up my own cameras in public locations. If the police want the data they can pay per minute of footage. I'll let them search for metadata and tell them if footage matches with no visibility to the footage until after payment. If they search for something and don't purchase but come back for it - it's then increased pricing. If this is all public space and we can all build these systems because there's no expectation of privacy then all is fair in access to public right of way along roads. |
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| ▲ | kraken_cult 4 hours ago | parent | next [-] | | If someone set up their own camera and analytics platform outside of politicians and police officers homes and places of work, they would be taken down the next day. It's clearly biased towards people they see as not being able to fight back. | | |
| ▲ | akerl_ 3 hours ago | parent [-] | | Aren't politicians pretty routinely followed by people with cameras doing analysis on all their movements? Sure, if you strapped a camera to a light post without permission, I'd expect it to be taken down. The same way I can put a Ring camera on my door but I can't strap one to the traffic sign on my street. | | |
| ▲ | __MatrixMan__ 3 hours ago | parent | next [-] | | I didn't give flock permission to put cameras all over my traffic infrastructure. Admittedly it jointly belongs to other taxpayers, but I don't think they gave that permission either. So as you say, they should expect them to be taken down. And from what I've been seeing around town, that's exactly what is happening to them. I wonder how long it will take Flock to stop putting them back up. | | |
| ▲ | akerl_ 2 hours ago | parent [-] | | Flock didn’t just yolo decide to slap cameras up. Your elected officials signed contracts to let them. | | |
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| ▲ | kennywinker 3 hours ago | parent | prev [-] | | > The same way I can put a Ring camera on my door If your door films the street, this is something that should be considered an invasion of your neighbour's privacy. The fact that it isn't is... disappointing. Especially given the networked nature of those cameras. The police can access them by asking amazon permission, they don't need to ask you. Are you comfortable with that? I am not. |
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| ▲ | hackyhacky 3 hours ago | parent | prev [-] | | > Not mass surveillance by a private corporation. When that corporation is performing contracted work for the government, they act as the government's agent, making them subject to the same restrictions regarding civil rights as the government itself. |
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| ▲ | UncleMeat 29 minutes ago | parent | prev | next [-] |
| > I believe we've been told by the courts repeatedly that we should have no expectation of privacy out in public. This is not true. The original "reasonable expectation of privacy" case was about tapping phone booths, which are in public. And the way the law works (or is supposed to work) is that the reasonableness test is based on a typical person. What does or does not violate a reasonable expectation of privacy should not be assigned to us by judges. |
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| ▲ | qmr 2 hours ago | parent | prev | next [-] |
| This is wildly different than someone taking photos in public. See Mosaic theory. |
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| ▲ | iAMkenough 3 hours ago | parent | prev | next [-] |
| If indiscriminate mass surveillance is legal, should it continue to be? What is America's history with tyranny? |
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| ▲ | timschmidt 3 hours ago | parent [-] | | Same as everyone else's: bad when they do it to us, good when we do it to them. |
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| ▲ | doctorpangloss 3 hours ago | parent | prev | next [-] |
| The moral of the story is, if you want to make a mass surveillance tool that tracks your every movement and collects all of your most sensitive communications, make sure it has a great camera, a bright large screen and day long battery life. |
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| ▲ | moralestapia 4 hours ago | parent | prev | next [-] |
| No expectation of privacy does not mean you can follow someone around all day and keep a log of what they do, which is essentially what this thing does. Over the course of a days/weeks, the places one visits, roads you drive on, etc. those things should definitely be private. |
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| ▲ | joshheitzman 3 hours ago | parent | next [-] | | Isn't that exactly what a stakeout is? Or an undercover operation? I didn't search for undercover, but I can find nothing about a warrant being required for a stakeout in the US (and numerous results saying no warrant is required). | | |
| ▲ | SonOfKyuss 3 hours ago | parent [-] | | Sure, and if the same level of effort were required to get the same amount of information, this probably wouldn’t even be up for discussion. But now we have technology to basically stake out every single citizen at any time with just a few mouse clicks. We can’t just pretend those things are equal. |
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| ▲ | satvikpendem 3 hours ago | parent | prev | next [-] | | Isn't that what paparazzi do already? Seems like you can do that. | |
| ▲ | Dma54rhs 3 hours ago | parent | prev [-] | | Why doesn't it mean that? |
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| ▲ | saghm 4 hours ago | parent | prev [-] |
| I think you're greatly oversimplifying what courts have actually ruled on this over the years. Off the top of my head, the Supreme Court explicitly ruled that wiretapping a public pay phone in a booth is unconstitutional[1], and rulings from lower courts on using Stingrays without warrants are a mixed bag[2]. I don't think there's anything close to a broad precedent that the right to privacy evaporates the moment you go out in public. [1]: https://en.wikipedia.org/wiki/Katz_v._United_States
[2]: https://en.wikipedia.org/wiki/Stingray_use_in_United_States_... |
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| ▲ | joshheitzman 3 hours ago | parent [-] | | This looks like the key part for the first link: My understanding of the rule that has emerged from prior decisions is that there is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as "reasonable." Thus a man's home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the "plain view" of outsiders are not "protected" because no intention to keep them to himself has been exhibited. On the other hand, conversations in the open would not be protected against being overheard, for the expectation of privacy under the circumstances would be unreasonable. For this case the guy was inside a phone booth rather than out in the open. There's nothing from SCOTUS on stingrays, but I looked at one federal case and the data being collected was referred to as a document, so that's where the 4th was found to apply. In turn I don't think I've greatly oversimplified anything. | | |
| ▲ | saghm 2 hours ago | parent | next [-] | | > Thus a man's home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the "plain view" of outsiders are not "protected" because no intention to keep them to himself has been exhibited. And you think this applies to the inside of the woman's car that the article is talking about? > In turn I don't think I've greatly oversimplified anything. In this reply, no, you're not greatly oversimplifying. In your parent comment, you said that going out in public means no expectation of privacy, and I gave an example of a place in public that had an expectation of privacy, which you've defined as "not in public". I think that if you have to call a place that's available to anyone and not owned by an individual "not public" in order to make your original statement work, then your original statement was oversimplifying. | |
| ▲ | kennywinker 3 hours ago | parent | prev [-] | | > For this case the guy was inside a phone booth rather than out in the open. Is warrantless wiretapping of open-air payphones legal? Based on the TV show the wire, it's not. | | |
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