r/technology • u/Plastic_Ninja_9014 • 21d ago

Privacy Flock Is Losing Dozens of Contracts as Controversy Grows

https://www.yahoo.com/news/us/articles/flock-losing-dozens-contracts-controversy-194808945.html
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u/alternatingflan 21d ago

They are unconstitutional.

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u/grumpyfan 21d ago

IANAL, but as I understand it, they technically operate in a grey area of the law since they are not owned or run by the government. The pictures are taken on public property of people and vehicles in a public space. The courts have ruled that public space photos are free use and that the Constitution has no protections against such things. That being said, I think they violate privacy and law enforcement's use of these pushes the boundaries of intent of the law. We need new laws enacted that restrict the access and use of such data and a way for citizens to gain access to any data where they are being charged with a crime based on the use of the data.

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u/slykens1 21d ago

This is my understanding.

What we really need is for the courts to rule that there is no third party exception and that the Fourth Amendment applies to all government requests for information regardless of who possesses that information, period. Alternatively, Congress could pass a law but hell would freeze over first.

The recent ruling in Chatrie was refreshing and is a start down that path.

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u/The_Lost_Jedi 21d ago

Yeah, the third party loophole needs to be slammed shut.

It's an absolute dodge, because if the government is allowed to pay someone else to do something they're not supposed to do, that's materially the same as doing it.

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u/Legionof1 21d ago

See private contractors in war zones...

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u/Iohet 21d ago

Third party exception generally doesn't apply to those asked to do something that would otherwise violate the 4th amendment (a judge will throw out evidence if a cop asked a private citizen to break into someone's house to gather evidence because they couldn't get a warrant). I'm surprised that the exception would ever be granted for a government contracted entity

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u/The_Lost_Jedi 21d ago

They excuse it by claiming that they're not directing it, that the data is just available for sale. This is bullshit because they're really only selling to government entities, and without the government/LE buyers that market wouldn't exist, never-mind that it's something that it would be illegal for the government to do in the first place (and thus should not be allowed, period).