Isn't Flock's alleged legality predicated on the principle that there is no "reasonable expectation of privacy" in public? I don't see why that would change depending on whether it's "Joe Average" or a police officer at the controls---IIUC I'm allowed to capture images, video, etc. of people in public just as much as cops are.
Agreed that these systems simply need to be banned.
If you attach a GPS to your wife's car without her knowledge, you can (and should) be prosecuted. Flock cameras collect the same data (rough location of a vehicle) and they just do it for every single vehicle passing their sensor. Then, through analysis of that massive dataset, you can now effectively stalk anyone, in the past, for the cost of a database search.
And I have no interest in the distinction between Joe Average and LEOs. That's about 6 months of training, and we have an absolute avalanche of evidence of how LEOs are:
* Prone to unnecessary violence (google 40% cops)
* Are ALREADY abusing this system to stalk wives, girlfriends, exes of the two formers, or just people when they're fucking bored
The clear solution is to ban it, but our Government has both a financial and power stake in keeping people surveilled, which is why I'm a huge fan of how many people are just destroying these things at scale.
Edit: Flock is/was breaking California state law by allowing outside partners to illegally access data collected in California.
Guns are legal but murder is not, so ... yes?
It makes sense to me that recording public activity may be legal but publishing those videos would not be (for example name-and-likeness copyrights).
Or that you'd need a warrant to search those videos and issuing a warrant comes with a one-time key that decrypts the search parameters you specified in advance to get the warrant.
Likewise, the fourth amendement doesn't forbid a police officer from recording someone in public, because there's no expectation of privacy when out in public.
The courts have found that legally, one officer recording one person is no different from a large-scale, automated surveillance system recording everyone.
Well, that argument goes both ways. If the scale and automation don't make a difference, they don't make a difference.
Canada's rights are in the Charter of Rights and Freedoms, and they aren't absolute.
Part 1, Section 1.
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Subject to that, we get Section 2.
Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
If they're not absolute, they're not rights. It's a feel-good document that protects jack shit.
Isn't this effectively outsourcing body cams? The frequent stated reason for lack of which is "we would but our department can't afford it :'( anyway check out this new armored vehicle we bought!"
"Tracking" on duty cops doesn't seem unusual, though I think a different argument could be made for their off duty time.
* Edit: this is Canada, so my feelings likely don't apply to their laws.
I think its equivalent to putting a tracker in everyone's car and giving the police access to it.
Surveillance is also firmly in pre-crime territory. People being stalked when they haven't (yet) done a crime.
That is not the case. It hasn't been truly tested, and there are very strong hints in SCOTUS's previous opinions that scale dramatically changes the equation for them.
Of course SCOTUS is currently much more amenable to the idea of changing their mind, so who knows how it'd actually hit, but it's far from decided law in the US.
For one example, Sotomayer's concurrence in US v. Jones (2012)
> Awareness that the Government may be watching chills associational and expressive freedoms. And the Government’s unrestrained power to assemble data that reveal private aspects of identity is susceptible to abuse. The net result is that GPS monitoring—by making available at a relatively low cost such a substantial quantum of intimate information about any person whom the Government, in its unfettered discretion, chooses to track—may “alter the relationship between citizen and government in a way that is inimical to democratic society.” United States v. Cuevas-Perez, 640 F. 3d 272, 285 (CA7 2011) (Flaum, J., concurring).
> I would take these attributes of GPS monitoring into account when considering the existence of a reasonable societal expectation of privacy in the sum of one’s public movements. I would ask whether people reasonably expect that their movements will be recorded and aggregated in a manner that enables the Government to ascertain, more or less at will, their political and religious beliefs, sexual habits, and so on. I do not regard as dispositive the fact that the Government might obtain the fruits of GPS monitoring through lawful conventional surveillance techniques. See Kyllo, 533 U. S., at 35, n. 2; ante, at 11 (leaving open the possibility that duplicating traditional surveillance “through electronic means, without an accompanying trespass, is an unconstitutional invasion of privacy”). I would also consider the appropriateness of entrusting to the Executive, in the absence of any oversight from a coordinate branch, a tool so amenable to misuse, especially in light of the Fourth Amendment’s goal to curb arbitrary exercises of police power to and prevent “a too permeating police surveillance,” United States v. Di Re, 332 U. S. 581, 595 (1948).*
If you're talking about US courts, then no. If they had, then we wouldn't see -for example- SCOTUS ruling that "geofence warrants" were searches that require Fourth Amendment analysis, rather than being equivalent to picking up a recording of events that happened in plain sight. We also wouldn't see at least one Federal judge openly noting that the judges that cite US vs. Knotts really need to read the entire opinion, rather than just the bit that agrees with what is convenient for them.
US v. Knotts is the forty-year-old case that is the source of the "You've no right to privacy when you're on public roads" idea that both people and judges have been parroting for quite a while now. In addition to establishing that principle, it also considered a possible future where the electronic surveillance that -at the time-
* had to be manually installed into cargo destined for the target's vehicle
* was only capable of tracking a single target vehicle
would become sufficiently advanced as to permit 24/7 dragnet surveillance... at which time, courts would need to reconsider what was just and right in light of such dreadfully advanced mass surveillance capabilities.
Pages 28 (starting at section C.) through 38 of this judge's opinion and order [0] are good reading... it can be hard to tell, but the judge really takes other judges who rely on Knotts but clearly haven't actually read it to task. If you have a half hour free, you should really read the whole thing.
[0] <https://storage.courtlistener.com/recap/gov.uscourts.oknd.76...>
I'd rather see surveillance first pointed towards government leaders, and then once the government is highly surveilled, then maybe we can trust the government to surveil everyone else.
I don't know. My idea here isn't very realistic. It's not going to happen (though we should still try), so maybe just outlawing all of it would be more realistic.
People have no principals and no stomach for giving up a little bit of state jackboot applied on those they hate exchange for it not being applied on those they don't.
Filming cops in public is a legitimate activity protected by the Constitution, according to the Supreme Court. Using a nationwide surveillance network to track people not suspected of any crime and without a warrant is not.
I do agree that we just shouldn't have this kind of mass-surveillance in general, and I think that's kind of the point of this particular endeavor.
However, they are simply commissioned by law enforcement and law enforcement are just one of any number of customers. There is either an expectation of privacy or there isn't. This case highlights this exactly.
I feel that's like saying there's "nuance" when the police choose to pull someone over because--unlike the other car--they didn't have a "I Donated To Cops" license plate.
Yes, it's technically a difference, but if it matters then the police are abusing their power to play favorites.
> I feel that's like saying there's "nuance" when the police choose to pull someone over because--unlike the other car--they didn't have a "I Donated To Cops" license plate.
That's not unusual at all. Here is New York parking enforcement ticketing cars who are not participating in a specific activity, while disregarding other double-parked cars that are participating. He even explicitly states that the policy is to allow double parked cars, so long as the driver participates in the desired activity:We should be able to subpoena the GPS records of the car’s location as well - or potentially FOIA that information. Sunlight is good. The opposite should only be done by going through a metric ton of hoops. Otherwise you end up… where we are now.
Let’s pretend that police will only use the footage for good. No one else has access? That seems unlikely.
The IT department? Flock employees? Contractors? Managers?
> I can see some nuance to this one. Flock is intended to be searchable by law enforcement, not Joe Average. Tracking cops and then publishing that information is not exactly the same as turning Flock back on the Flockers.
The fine article mentions that 3% of the queries against the database are from local law enforcement.You have to assume it’s not just used by sworn law enforcement officers, especially when Flock’s own civilian employees have abused it.
Then why can Lowes and Home Depot buy their own units, place them across properties that aren't theirs and search them nationwide?
The intent of Flock in the US at least was just to use technology to get around the 4th amendment.
The police shouldn't be allowed to use automated tools like this without a warrant.
It's safer to give your info to average joe population than cops.
I would feel better if only cops didn't have access to see me on flock cameras and cops had to request footage through a public reddit or something.
This is all a bit of a joke sure, but less than police access to flock cams is.
When the people turn it around and sniff on cops, why is that then any different suddenly?
> we'd need actual legislation
Can the people do legislation? It's always some judges and politicians who form a clique at the end of the day.