Scale actually matters. Things that are generally OK at a small scale become problematic at larger scales. A single police cruiser writing down license plates isn't able to track you in the same way a huge surveillance network is, and the opportunities for abuse are much lower.
Not only this, this a precedented court opinion.
Is this actually born out in Court Cases? Warrantless Surveillance by NSA seems to be blanket legal for example.
See: https://www.oyez.org/cases/2017/16-402
It comes up fairly often here since the HN audience tends to be mostly programmers/computer people, but it's really important to remember that the law is not a series of rules a computer can directly evaluate to determine whether something is or is not legal; judges frequently use their judgement to balance the assumed intent of laws and the competing interests of various parties. I don't say this to you specifically but really just the HN audience as a whole :)
The only people who want that are the ones that want to subjugate large portions of the population, or those that want those large portions subjugated even if they don't get to do it.
Sheltering humans running away from slavery was also a crime .
It was illegal for black Americans to learn to read and write. Seeking education made them a criminal.
Buying or selling a beer made you a criminal during prohibition.
Do you see how easy it is to make someone a criminal?
from your point, nothing is cheaper and more efficient then mandating an app on all phones through which the governments can track everyone, and consequently whoever doesnt have it would be a criminal. it completely tracks from your argument. You may need to make the app stop tracking while theyre in the home, but thats a technicality. voila. no longer an issue according to your point
Are you suggesting that people couldn’t do that for some reason?
It isn't possible for them to do that without sensors and AI everywhere. That's why using this technology is a red line.
Thankfully, the law isn't as overly simplistic and black and white as that. It'd be very stupid if it were. We have the ability maintain a general principal like "there's no expectation to privacy in public" and still prohibit certain things that are deemed harmful, like taking upskirt photos of people while they are in public spaces.
If you're going to argue platitudes from altitude, you don't get to retreat to the comfort of circumscribed exceptions.
Nobody is talking about cops or flock cameras taking upskirt photos.
Just as we have the ability to pass laws prohibiting that specific harmful use of cameras while in public spaces, we have the ability to do something about the harmful uses of police and flock cameras while in public. The conversation is about the harms of mass surveillance and the exceptions necessary to protect the American public.
Hello, I'm here.
Practically, we do have privacy in public pre-AI. We weren't entitled to complete anonymity, but the ability to track every single person at all times was impossible.
Now that AI and sensors are making it possible, people are saying "No, I don't want that to be the norm".
https://en.wikipedia.org/wiki/United_States_v.Jones(2012)
> Also left unanswered was the broader question surrounding the privacy implications of a warrantless use of GPS data without a physical intrusion – as might occur, for example, with the electronic collection of GPS data from wireless service providers or factory-installed vehicle tracking and navigation services.[27] The Court left these matters to be decided in some future case, saying, "It may be that achieving the same result through electronic means, without an accompanying trespass, is an unconstitutional invasion of privacy, but the present case does not require us to answer that question."
https://en.wikipedia.org/wiki/Carpenter_v._United_States
> Ultimately, in Carpenter the court determined that the third-party doctrine could not be extended to historical cell site location information (CSLI). Instead, the Court compared "detailed, encyclopedic, and effortlessly compiled" CSLI records to the GPS information at issue in United States v. Jones, recognizing that both forms of data accord the government the ability to track individuals' past movements.[24] Furthermore, the Court noted that CSLI could pose even greater privacy risks than GPS data, as the prevalence of cellphones could accord the government "near perfect surveillance" of an individual's movements. Accordingly, the Court ruled that, under the Fourth Amendment, the government must obtain a search warrant in order to access historical CSLI records.[1]
Of course there are no guarantees on how they'd rule today, but in the past they've ruled that scale and ease of access and compilation are significant enough to mean that fourth amendment protections should apply.
To me, that is precedent in US law that computerized methods of executing human tasks do not fall under the same rules.
All I'm saying is it should have been a problem at that point.. not just because it's easy now to do it at a high scale.
The former is massively damaging to our rights, the latter is almost useless and thus barely a problem worth talking about.
The difference in scale matters.
It's obviously different in that Chatrie was about google location data, and there actually was a warrant. SCOTUS ruled that warrant was too broad since it captured everyone in that location, not a specific person(s).
Constitutional scholars have pointed out the ALPR are next in line to face challenges based on the same principles as Chatrie - LEO can get a warrant for a specific person(s) to search but cannot search the entire universe.
That would not prevent ALPRs from existing, but it would require a warrant to search them. Which seems reasonable and completely in line with the 4th amendment.
Edit: words/spelling
Compelling parties to give up data is different than looking at your own data. And it is firmly established that recording and reviewing footage in public space is totally fine.
So we are back to square one...How do we define scale such that a police camera on a police car is OK, but a police camera on every corner is not. Or that individuals can record in public but police cannot.
They wrestle with the balance there of 4th amendment protections and mass surveillance. It's evolving and generally courts are moving to not allowing mass surveillance -or less so than they have allowed in. Courts have been split on it, and someone already pointed it out that SCOTUS will eventually come up with tests for it.
There were some really interesting parts of those Chatrie opinions that really will test the idea that someone in public gives up their right to any privacy - the fundamental underpinning of why governments can currently point cameras at public places and dont need a warrant to search that video.
Chatrie protected the aggregated viewpoint versus any single public moment - And SCOTUS said the aggregated viewpoint (mass search of location data with no specific person(s)) is not allowed under the 4th amendment. A very interesting precedent.
Gorsuch had an interesting take in that he argued that in Chatrie the location data was Chatrie's personal property and therefore protected from illegal searches from government.
There are a lot of similarities to how ALPRs work, and key differences. Mostly Chatrie deals with a private firms data collection of locations - google vs ALPRs are generally on publicly owned property and recoding things in public.
Still, many justices opened the door to the idea that the government can't mass surveil citizens. We'll have to wait and see how it all plays out.
I am very much of the opinion the government should need a warrant to search through ALPR data (and video for that matter). So, I am hopeful that the tenets of Chatrie extend to ALPRs, video, etc.
Edit: Gorsuch argues that the data is personal and not the government's data - this is what prevents the government from searching for it without a warrant. He did not get into why a body cam or something like that is different.
Five cameras is less than what the number of police on duty are using.
Luckily we never need to do that with words for them to be useful, even in legal contexts.
This is not true of privacy advocates, they do want to limit the ability to fish for circumstantial evidence that targets innocent people and causes suspicion.
A police cruiser sitting at an intersection is visible. People notice it and its presence changes their behavior. They may choose to avoid certain routes through a city where surveillance cruisers hang out. Flock, and similar surveillance systems, are far less noticeable. Many, many people had no idea they existed a year ago when there were already 80,000 devices installed. Flock has been hot in the news cycle lately in part because tons of people are still just beginning to learn they exist. Whereas a police cruiser on a corner is overt surveillance, Flock is a "creepier" incarnation.
There's also capability. In principle, an officer parked on a corner is capable of responding to a variety emergencies. Some people might feel that the presence of the officer there was a net good for public safety. Heart attack in the neighborhood? Your local surveillance officer can start CPR. Older person with late-stage dementia has just walked away from home? Your local surveillance officer could clear that neighborhood.
But these surveillance systems have only one capability: surveillance. They can't render aid. They can't even prevent a crime; they can, at best, discourage it, or maybe aid in the apprehension of someone who committed a crime -- and didn't take adequate measures to avoid detection.
The bigger problem is law enforcement's use of private business as end-around to dodge 4th amendment.
Google and Apple, Verizon and AT&T, auto manufacturers, Flock, and every other business that scoops up our data has a trove of information that would be unquestionably illegal for law enforcement to collect directly due to 4th amendment protections against government mass surveillance. So, instead, the businesses conduct the mass surveillance and then law enforcement gets to access that information -- either with a warrant as is the case for Google and Apple, or with some sort agreement as with Flock.
Businesses (or individuals) that deliver surveillance data to the government, compelled by warrant or otherwise, should be subject to the same constitutional restrictions as the government itself.
Is it common for normal people to set up and use ALPRs?
Non-investigating would be tasks like:
- counting the number of vehicles going by - radar’ing every car to produce a report on how many people are speeding and how much - checking all licence plates for valid registrations to produce a report on what percentage of cars have expired tags on the road.
IIUC courts have signaled in several cases that this distinction matters to them, which is good, because it's such a vast difference in degree that it arguably does become a difference in kind.
Police require a warrant to attach a GPS tracker to your car, or to directly obtain your cell phone location records. Why should access to networked ALPRs that compile an equivalently granular record of your movements be treated any differently? IIUC it was this exact line of reasoning ("detailed, encyclopedic, and effortlessly compiled" data equivalent to GPS tracking, for which a precedent had already been established) that supported the decision that now requires warrants for cell phone data (in Carpenter v. United States). Extending the same logic to networked ALPR data would seem obvious if we had the same SCOTUS.
I suspect when there’s been a few cases of that sort of thing happening the attitude of local politicians towards these cameras will change quite quickly.
I generally thing this data is a good thing, provided it’s locked behind solid 4th amendment protections.
Yes, and I keep thinking an organized, crowd-sourced effort like people do for capturing ADSB data or weather stations would be tempting. Setting up the hardware would be a little more involved though (mostly because of needing to locate it near the street). Cost is probably not even much worse than an ADSB monitor now.
Something like this is probably inevitable, either as a grassroots effort or via something like Amazon's Ring network. Short term it could prompt officials into action, but I fear long term it would be bad for society - laws might be written to prohibit it, but those would have side effects of limiting other things (like the aforementioned ADSB monitoring network).
e.g.:
Arkansas: https://law.justia.com/codes/arkansas/title-12/subtitle-2/ch... > Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system.
Maine: https://legislature.maine.gov/statutes/29-A/title29-Asec2117... > Except as otherwise provided in subsection 3, a person may not use an automated license plate recognition system.
Likewise I would expect that the license plates read be redacted. It makes sense to protect it since you are exposing members of the public, not the government.
Once you redact license plate numbers, what is left of substance in the FOIA request?
You have to look at this from a systems point of view. Yes, flock cameras individually only capture their immediate surroundings, but the emergent behavior of the system is a means to follow someone around wherever they go, which is already a no-no in our legal system without at least securing a warrant to do so. And, even securing a warrant for one individual does not give you the right to include everyone in an area, commonly referred to and struck down as dragnet surveillance.
Flock systems and their siblings are wrong and should not be tolerated.
There is already plenty of precedent in existing laws that 'automated' is a distinction that matters. Even on this exact issue, a few states prevent you as a private citizen from operating an automated license plate recognition system. You are free to scribble down the plate numbers all you want, but using an automated system is against the law.
More to the point, there’s a difference between someone writing down license plate numbers on a sheet of paper and and putting that information into a database that can then be mines to identify patterns of behavior, associations between people, etc. Context, use, and scale all matter significantly
But a pretty huge difference. It's the difference between a few individuals throwing waste into a river vs a corporation systemically polluting it. Surely one is more of a problem than the other?
Also, if it's the police, at least they're part of the community and people can monitor and have an effect on what they do. When it's a private company, none of that is true.
No.
A police officer is an expensive asset that requires a lot of investment of both time and money to create. [0] When a police department chooses to put cops on a corner doing surveillance, they're choosing to prefer that activity to any other thing that that cop could be doing. In all but the smallest towns out there, it's certain that the PD doesn't have enough officers on staff to surveil every single street corner in town. In most towns, it's prohibitively expensive (in terms of training cost, opportunity cost, and salaries) to set up a dragnet surveillance when one only uses humans to do the surveillance.
In contrast, cameras are far cheaper to acquire, deploy, and maintain than cops. You also only need a handful of cops to run such a surveillance system, rather than one on every corner. With cameras owned by the police or town, it's totally feasible to set up a dragnet surveillance system in most towns.
As many folks have said in the discussion about this, scale and expense are very important considerations. As few people have said, laws, regulations, and punishments that make sense when you will catch one rulebreaker in a hundred thousand often do not make sense when you will catch one rulebreaker in two. And the sorts of regulations that provide adequate restraint to police and prosecutors from interfering in people peaceably going about their lives are not the same in a society where one has to send out police to ask people face-to-face for information about someone's whereabouts as they are when police can sit at their desk in HQ and pull up complete records of 90% of that person's daily activity with five minutes of keyboard work. [1]
[0] I make no comment as to the average quality of the asset produced. I only note that it's a very limited asset that's expensive to produce.
[1] Note that I'm not saying that the surveillance systems currently deployed provide access to 90% of everyone's daily activities. This is an illustrative example. However, it takes only a few minutes' thought to notice that the police's powers of surveillance are far greater today than they were in the late 1700s.
System 1 can refer to the dashcam or the mk1 eyeball + notepad in your example.
System 2: a system for tracking the presence of a person across both time and location
An example of system 2 would be the facial id system being trialled on the london underground currently.
These are a difference in kind not in degree. It doesn't matter how many system 1's you deploy, you cannot unlock the capability of querying where any given face was observed across time and location.
For example, an officer sitting on a city street is very unlikely to learn where his wife goes every day, an ALPR search will answer that question.
An officer walking along the street making note of what he sees is very unlikely to observe and make note of the precise daily movements of someone in August three years ago, an ALPR search will answer that question.
The degree/kind distinction you’re aiming at is meaningless, it’s like trying to argue that shooting someone with a firearm is the same as shooting someone with a paintball gun in principle, sure but maybe one of them is orders of magnitudes morw powerful and impactful, and so deserves a different degree of consideration in how and when it is applied?
If there were literally hundreds of thousands of government agents on every corner writing down every person/car that walked by, it is quite probable this would be illegal even though you have no expectation of privacy in public. See Carpenter V United States and some of the concurring opinions in United States v. Jones.
"We believe your camera captured the guy who robbed your neighbor, can we see the footage". Virtually everyone says yes to this.
There's no evidence that mass video surveillance, Ring cameras, etc. are leading to higher clearance rates of serious crimes.
> We have had cities in the USA with 10k+ cameras in public spaces for years now without much fanfare.
And if the data from those cameras were processed to allow me to type someone's name into the search and then track their every movement, there would be a lot of fanfare. Palantir is probably building that, but it doesn't seem widespread yet.
But as of now, the directionality is reversed.
With regular video, we know a crime happened and expand our search from there to find a suspect. It's not invading a specific person's privacy.
With Flock, we have a suspect and want to retroactively stalk that person. We don't know if that person had anything to do with any crime yet, and we're invading their privacy.
There is nothing reversed with Flock. There is a crime scene, they see who was entering or leaving and work from there. Without plate readers it takes a team of people many hours, that’s the difference. You can’t know who had anything to do with the crime without investigating, that’s the definition of the word!
> … we're invading their privacy
Who expects privacy driving on public roads? In any sort of developed area you are driving past cameras on every single street. Every Uber has a dash cam, the Teslas are recording (sometimes?), every police car has a camera, etc.
This is a huge problem that people will try to sweep under the rug or hand wave away with wording like "It's the scale the matters".
Ideally, laws need to be written like programs are, where fundamental rules of the system are derived and programmatically put into action. So words like "scale" mean nothing. "I need the variable to go negative when the scale is large". Most programmers here will immediately snag on "scale" not being a hard value.
So what we actually need is a redefining of the fundamental rules, and well, that is very challenging to do such that it's still legal to walk around an record everything in public, but not legal to passively record everything in public all the time. How do we solidly and unambiguously differentiate a cops dashcam, from a police camera on a portable base station, from a flock camera on a corner to a private business with a security came to a firestation with a security camera.
Legally it's a very challenging problem to create a "programmatic differentiation" from the kind of camera use we want, and the kind we don't want.
It seems many people feel it limits what I would consider "freedom of impermanence", or the concept that as an ordinary individual nearly every action or mistake you make will not considered in your future.
I for one would act differently if that were the case. Many vulnerable or stupid moments would not have happened. Many of those moments have allowed me to grow as a person. And this is as a person who has not faced persecution or bias in law enforcement.
I do not have a stance on the matter of general recording currently, but know that I would have acted differently if there was a camera around all the time. There goes my first time asking someone out, there goes frying a 5V board with 12V because I thought I knew better, there goes bar karaoke so bad that even the bartender looked pained. But if this were law, so too goes the guy I saw in a park fire spinning, so too goes the joy I captured on a strangers face at seeing a beautiful chandelier, and so too goes the countless photos of nature that happen to have people in the background.
What is the difference between a security camera watching the municipal tools shack entrance and the security camera watching the main road?
The ultimate goal is to not have a massive database of everything that happened everywhere going back forever. So it even extends far beyond just reading license plates.
> Legally it's a very challenging problem to create a "programmatic differentiation" from the kind of camera use we want, and the kind we don't want.
I don't think that's ideal at all. The questions you're asking already have been answered, judges. It's their whole job to understand that scale changes things.
I get the instinct to be able to objectively codify things, especially in this community, but the law is based on morality and philosophy. Until someone comes up with a perfect solution to the trolley problem, we need a human in the loop making judgements.
More on topic, there's a reason why we have different terms for surveillance and mass surveillance. They feel very different and mass surveillance enables much different behaviors of bad actors.
It's not the first time.
We also see the cops use the flock system as another excuse to treat an encounter over an unpaid bill as if they were taking down Bin Laden - they seem to see "flock hit" as code for "lets try to kill this person".
I am not a criminal nor do I have some sort of fetish for being abused, therefore I don't want some typo to result in unstable, bloodthirsty thugs putting guns in my face. The inefficiency protects me somewhat from these things, and until these issues can be properly addressed, I don't want anything to be scaled to a higher degree.
Yes I'm aware that this means lazy cops won't catch as many speeders and people who have warrants to pay a fine. I don't mind.
The difference in scale is so great that it becomes the meaningful, defining factor.
EDIT: i have no doubt that Flock and other ALPRs got so widespread because four ALPRs watching each direction at an intersection is basically invisible in comparison to four cop cars at every intersection.
if plate readers were as visible as cop cars (including agency branding) people would have probably gotten bent out of shape a long time ago.
Similar issue: cell phone interception via Stinger cell base stations by law enforcement. A U.S. judge in Ohio ruled that using the device to sweep up data from thousands of unsuspecting individuals to track one suspect gave the government unconstitutional, "unbridled discretion" to monitor private citizens.
Another similar issue: A judge in Mississippi ruled "tower-dump warrants", where law enforcement requests info from cell companies on users/phone numbers in a geographic area in a certain time frame are illegal and too broad. The judge declared them an arbitrary government intrusion that violates the Fourth Amendment's particularity requirement
A third similar issue: In U.S. v. Chatrie, the U.S. Supreme Court ruled 6-3 that reverse-location "geofence warrants" constitute a Fourth Amendment search. The ruling establishes that users maintain a reasonable expectation of privacy over their location data, meaning law enforcement can no longer execute warrantless, sweeping digital dragnets through third-party data.
These are 3 examples of large scale police surveillance that have been ruled illegal because they are broad surveillance and give police too much power without a specific legal justification. This seems very similar and I expect the court cases on ALPR cameras to end up in the same place, but it may take a decade or so.
The Fourth Amendment bans only unreasonable searches, and the threshold question is whether someone had an expectation of privacy that society is prepared to recognize as reasonable. That standard is contextual by design (what is reasonable to expect is partly technological, but partly societal and cultural). The "difference in degree" you mention is precisely what is being tested.
The recent (and oft-discussed) Chatrie v. United States is relevant. The Court held that the government's acquisition of a person's phone location history is a search requiring a warrant, and refused to set a duration floor. Their stated rationale was both that even short windows expose sensitive movements, and because they did not believe they could answer how many small violations of privacy add up to a big one. As such, the majority decided that warrants were necessary, lest the government be given a "virtual panopticon"
If we took your hypothetical seriously, an army of officers logging every plate by hand probably isn't a search and there's no reasonable expectation of privacy of movement on a public road. But building a searchable index of those notebooks, and querying it to reconstruct an arbitrary car's six months, is a different act from the observing.
That's the act at issue. Nobody argues a camera needs a warrant to see a plate.
The thing I don't understand: why do so many people want the police to _not_ need warrants to surveil the public? Are you historically illiterate? Are you unaware of how big government power tends to be abused? Do you simply trust that the government will always run by people who will support you and will abuse only the people you personally dislike?
I'm legitimately curious what sort of intellectual position you use to justify your active support of authoritarian measures, and why you don't believe the public should have safeguards against government abuse. My questions might have sounded flippant, but they were sincere. I would like to understand if your position is borne of naïveté, or a sincere preference for fascism.
As a private citizen, I can't just legally look up a license plate and get an owner and address due to data privacy laws.
But often the inverse argument is used in respect of private corporations. Obviously it would be unreasonable to expect Google to vet every ad and YouTube video uploaded tot heir platform, and make responsible editorial decisions about which ads and content to show to children. Surely to allow them to scale arbitrarily large we must make sure not to overly burden them with regulations.
Wrong.
Automating the system is ABSOLUTELY a difference in kind. The argument "it is the same thing" is reductionist beyond absurdity.
"Quantity has a quality all its own."
Scaling and automation is a difference in kind in every field, and especially in surveillance of a population. To deny it is to assert the Industrial Revolution, the Computer Revolution, and the Internet had no effect on anything.
A cop sitting by the road operating a speed trap time or radar/laser gun can trap enough speeders to moderate the traffic, and individual speeders get few tickets. Implementing the "same" thing with cameras everywhere and timing toll-booth arrival/departure times and issuing tickets automatically would result in the majority of drivers getting multiple speeding tickets every trip (just based on measured average speeds on most roads exceeding the posted limit).
Your example proves the opposite of what you say.
Having a cop personally observing and writing down license plates requires resources - a decision to prioritize those specific resources for that specific investigation on that day. It is a real decision to surveil people in that way. It means people will ONLY be surveilled in that way when it is important.
In contrast, constant, ubiquitous, and near-cost-free surveillance means people will be surveilled all day, every day.
What was once applied only to exceptionally serious crimes is now available to target any citizen for any petty crime. It enables exactly the kind of silent targeting for which every authoritarian government lusts — the appearance of law and order with the ability to target any specific "troublemaker" at will.
With such surveillance, there is no need for an authoritarian to make false charges or highlight a protest. Jack protests, they don't like it, just say "go after Jack". They go to the cameras, find a bunch of petty crimes, and prosecute. Jack now has endless trouble if not jail, and the regime carries on like nothing happened.
If, as you say, you don't understand why it is not different, stop being reductive, look at the larger system.