My neighbor has such a doorbell. My facial data is captured every time I come over or walk by with my dog. When was I given an opportunity to consent to this?
While technically true, this doctrine came from a time when cameras were far less common than they are today (by orders of magnitude), and when facial recognition software didn't even exist as a concept (outside of science fiction).
Given those two very significant changes, it's probably worth re-evaluating the doctrine itself.
> Let me guess. You also want to abolish the second amendment.
I don't.
> Why don't you just move to somewhere they don't have those rights. Like in south america. They don't have guns, free speech, anything like that. Like brazil, venezuela, or ecuador.
It's almost like you deliberately chose the least charitable interpretation of my point to avoid rebutting the actual argument I was making.
Here's an example of a doctrine that likely wouldn't run afoul of the first amendment (impinging on neither freedom of speech, the press, or religion). These also likely wouldn't impinge on the second amendment, nor steer us towards economic disaster:
* You can record in a public place
* You cannot use facial recognition software on the recording without the consent of those that were recorded
* Provide some limited exceptions to the above for small-scale private purposes or academic research
I think this is an area where the constitution needs an update to reflect current technology. With the possibility of entities doing complete surveillance of the whole public space we need to refine the concept of privacy. I don't think it's acceptable that the only place where people are protected from surveillance and have privacy is their home.
We may need a new philosophy of privacy to account for big data analysis.
This feels related to the question of identification by DNA in large databases. It's pretty clear I own my own DNA, but if enough of my relatives upload their own that an association map of information about me can be discerned without my consent? What right do I have to prevent that?
Also in the United States, you have the right to video-record anything you can see from where you are if you have the right to be present. You have the right to record any happenings on or in your dwelling and its curtilage. There is no question whatsoever that everyone has the right to mount a doorbell camera and do whatever they like with the recordings.
The only exception is that if you are not in a single-party consent state, you might not be able to record the audio. It is unlikely that a legally protected conversation would be happening in mic range of the camera, though.
We could, for example, make it such that you can continue to record, but that those recordings couldn't be used as input to facial recognition software without the consent of the person being recorded.
Just because you _currently_ can do something legally does not mean that it _must_ be that way.
You cannot abridge freedom of expression without an amendment. Nor can you abridge freedom of computation.
You should perhaps instead endeavor to strike down anti-mask laws as being contrary to existing freedoms. The logical counter to automated facial recognition technology is facial concealment practices. It is the least harmful to liberty.
Alternatively, we could all wear--with our masks on--t-shirts with other people's faces printed onto them (especially Batman's face). And we can, of course, ban the government from using facial recognition technology without a specific, limited reason for doing so.
Just because I can record you from my porch and identify your face as appearing often, doesn't mean I would be able to tie that image in to a compulsory national identity database with facial photograph data included. Individuals might instead be able to identify a face as "John Doe #154" on their own server, and maybe match it to "YourMetroArea Serial Package Thief #15" on neighborhood-watch.net . Maybe I can set up an alert if any of the shared criminal faces show up and get recognized, or I can voluntarily forward my video to the cops when an incident actually happens. Giving cops unrestricted access to everyone's raw feeds is a bad, bad, bad idea. You bring in the cops only when it is apparent that a crime has been committed, an identifiable individual is responsible, and there is now a tangible reason to deanonymize the culprit.
What's wrong with an amendment? I don't want to live in a world where I have to wear a face mask to get some privacy. And they will probably soon not even need faces but recognize you from your height and the way you walk.
What if the camera field of view was strictly confined to a neighbor's front door and facial recognition was used to log every visitor; all of which was freely available on the internet to any person?
When were you given an opportunity to consent to your relatives uploading their own DNA to ancestry.com?
Ownership of one's own DNA information is not quite as blurry as surveillance camera footage, but if it's capturing activity happening in a public place or on the camera owner's property? Yeah, ownership of that information is still pretty blurry.
You effectively consent to the possibility of surveillance every time you go outside your home, office, or anywhere with a "reasonable expectation of privacy".