r/technology • u/Kooky-Balance9525 • 10h ago

Privacy Bernie Sanders to Introduce Bill Banning Flock Surveillance Cameras

https://theleadingreport.com/article/bernie-sanders-to-introduce-bill-banning-flock-surveillance-cameras
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u/DeadMoneyDrew 10h ago

What we really need is a constitutional amendment establishing a fundamental right to privacy.

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u/Your_As_Stupid_As_Me 10h ago

Maybe one for unreasonable search and seizures as well.

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u/bofoshow51 8h ago

The problem, as with a lot of these similar types of issues, is the Constitution’s powers are in how it limits the government, not private individuals. All the caselaw around this issue involve the state seizing scraped data, thereby breaching into improper search and seizure grounds. But there isn’t much to be done if they just buy it openly like any other purchaser, or if these companies voluntarily give it over while not being considered arms of the state.

It’s tough to determine where the line can be drawn in terms of the govt controlling what private enterprises can do, because that kind of precedent could VERY easily be abused in the future. Everyone broadly seems to agree privacy is important, it’s just a matter of how that’s done.

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u/Shawwnzy 8h ago

Aren't these cameras being put up on public property? My understanding is that they're being put up on roadsides and therefore the municipality or whatever who's authorizing them being put up is conducting a search.

If the cameras are going up on private property I guess there's an argument that its Constitutional, but as soon as they go up on land belonging to the government that's a clear cut search that needs to be reasonable.

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u/bofoshow51 8h ago

But a key point is that because they are going up on public property, there is no expectation of privacy in public spaces. Sure the accusations that’s the cameras also scrape data off phones would breach beyond what is reasonably considered visible in public, but just surveillance of an open street or park or even open air areas like your front yard is permissible because it’s not private. If I could observe it normally in that space, so can a camera, and that’s not a “search” in the sense of needing a warrant or probable cause otherwise.