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by paxys 85 days ago
It's already impossible to stop someone from recording if they are really determined. Pen cameras, button cameras and all sorts of miniature devices exist and can be snuck through very easily. You enforce the restriction by prosecuting people who upload the footage.
3 comments

The problem is punishing the uploader doesn't remove the upload. Once the public has it, it has it forever. It doesn't un-contaminate a jury pool, and there's no later retraction if whatever that was uploaded is found to be lacking context, false, or outright fabricated. Once that kind of damage is done, it can't be un-done.
Yeah, that's unfortunate. But the same is true of lots of other crimes. No way to unstab someone. Usually we account for that by setting a higher punishment
>It's already impossible to stop someone from recording if they are really determined.

I'm no expert, but I believe national security SCIFs use technology that blocks recording.

> You enforce the restriction by prosecuting people who upload the footage.

but this is impossible to guarantee as well

It's turtles all the way down. If we had a way to perfectly prevent people from doing undesirable things, we wouldn't need courthouses to begin with. The system doesn't need to be perfect, it just needs to be good enough that reliably circumventing it isn't worth the effort.
It sure changes the incentives though. It’s much less attractive to leak recordings as a PR move—or realize any benefit that cranky humorless judges can trace back to the recording—if that, in and of itself, constitutes a whole new crime (and effectively confessing to it too).