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by lcnPylGDnU4H9OF 389 days ago
I think it’s reasonable to refer to a query of a database as a “search” as in “searches and seizures”. In that context, the gathering of data should be okay if a given search of the data requires a warrant. Unfortunately, warrants are only required for ”seizing” the data, not “searching” what has already been seized. Given that, it is reasonable to refer to the collection of data as a privacy violation especially given the breadth and scale of such a collection.

The agreeable arguments I hear tend to make the case that the scale is the problem. There’s a huge qualitative difference between having a human officer tail a human suspect to track the latter’s movements in public because that person is suspected of having committed a crime versus tailing via automated machines everyone in the vicinity at all times for no reason other than “nobody said we can’t”.

1 comments

> for no reason other than “nobody said we can’t”.

This is exactly the nature of law though. Everything is allowed unless prohibited. Do you believe you have an expectation of privacy in the public sphere? If not, how could you disagree with the legality of the collection and review of activities performed in public?

I don't want a total surveillance state either but I can't see a basis for disallowing recording in public standing on the 4th amendment for support.

So do you think it's okay to record someone else's kids in bathing suits at a lake for watching later?

Just trying to connect panoptic recording to something that tends to motivate visceral reactions from people.

Not everything needs to be recorded. In point of fact, I see more than enough room for a right to non-overt recall-ability being worth at least discussing if only because we have evolved our capabilities to pervasively monitor to such a scale that it is nigh-required we sit down and really discuss this. There'll be no more familiar a generation than ours for coming to terms with these technologies if only because we brought them this far. It's our responsibility to contain their excess.

> So do you think it's okay to record someone else's kids in bathing suits at a lake for watching later?

I may not like it, but it's their right. Just like I can't control their minds to not think about someone else's kids when they are alone with themselves. Same with speech I don't like.