So the device should require very specific license plates to scan for—not the current dragnet. The software should only "ping" when there is a confident match with said license plate(s)—and merely log which license plate, time stamp a single photo, and note the confidence level of it being a match.
The frame buffer should be the only place (a frame of) video is ever stored at all (excepting the high-confidence match indicated above).
The only issue remaining would be whether we trust the device/software to have complied (and not have a backdoor) and of course there needs to be a legal warrant for every license plate uploaded (and it should expire fairly frequently, likely requiring a new warrant to continue canning for the plate).
Describing these mass surveillance devices as "license plate readers" is a deliberate tactic to deceive people about their actual use and capability. Flock cameras record everything, not just license plates. They record the faces and bodies of the driver and the passengers that are visible through the windows. They record and analyze all the little dings, bumper stickers and other unique elements of a vehicle above and beyond license plates. They are regularly deployed and used in areas like footpaths where there is no vehicle traffic at all.
Yes, that's what they are. But does that mean are they breaking federal law or unconstitutional? I believe we've been told by the courts repeatedly that we should have no expectation of privacy out in public.
I agree that it's not clear that this breaks federal law. But I do think it's clear that this should break federal law.
There's an interesting analogy with copyright issues surrounding AI use. Both copyright laws and surveillance were created to (respectively) creative incentives for authors to create novel works; and to protect citizens for indiscriminate surveillance. The laws made sense given the technology available at the time: it simply wasn't feasible to put a cop on every street corner, or to ingest the ideas of every work ever written.
But the laws have been eclipsed by technology. Technology makes a mockery of existing laws, by clearly violating their intent. Much has been written to the effect of "why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me." Similarly, Flock cameras have the effect or violating privacy in the exact same way the original laws sought to prevent.
Unfortunately, laws are slow to change, and monied interests will fight tooth-and-nail to put their profits above the rights of ordinary people. It's going to be a difficult decade or so coming up.
> why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me
Can confirm. I've personally stopped releasing new open source code, and stopped contributing to projects.
Until copyright laws are updated to protect my work from being stolen and my labor exploited by AI companies, there's zero incentive for me to participate in open source.
Even OSI's cuck licenses are being cucked beyond reason. I didn't think that was possible.
> But does that mean are they breaking federal law or unconstitutional?
I'd argue they break the fourth amendment:
> The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What are "unreasonable searches" if not being under "indiscriminate mass surveillance?"
From others. Not mass surveillance by a private corporation.
Otherwise maybe I'll just set up my own cameras in public locations. If the police want the data they can pay per minute of footage. I'll let them search for metadata and tell them if footage matches with no visibility to the footage until after payment. If they search for something and don't purchase but come back for it - it's then increased pricing. If this is all public space and we can all build these systems because there's no expectation of privacy then all is fair in access to public right of way along roads.
If someone set up their own camera and analytics platform outside of politicians and police officers homes and places of work, they would be taken down the next day. It's clearly biased towards people they see as not being able to fight back.
I’m no American but isn’t it a 4th Amendment issue, and the problem is how the various local, state, federal governments are using a private contractor (Flock) to do an end run around this by pretending that it’s no different from any private citizen recording another in a public space?
There may be a solid legal argument that since Flock is operating hand in glove with the government that they effectively are the government within the context of 4A. IMHO, it's not out of the realm of possibility that courts reexamine the government's ability to buy up private data which they would normally be precluded from collecting, and establish limits on their ability to do so.
"Digital effects" have always been a grey area for unreasonable search-and-seizure. This was an infamous moment for the late Antonin Scalia, who, iirc, argued that the constistution couldn't reasonably be addressing this matter, as the Founding Fathers had no concept of digital effects when defining "documents and effects".
We never had Flock before, it's possible that some legal principles will be reexamined and reinterpreted because they were made around prior assumptions which have been upended by new technology. Who knows, maybe Congress will legislate something.
No expectation of privacy does not mean you can follow someone around all day and keep a log of what they do, which is essentially what this thing does.
Over the course of a days/weeks, the places one visits, roads you drive on, etc. those things should definitely be private.
Isn't that exactly what a stakeout is? Or an undercover operation?
I didn't search for undercover, but I can find nothing about a warrant being required for a stakeout in the US (and numerous results saying no warrant is required).
The moral of the story is, if you want to make a mass surveillance tool that tracks your every movement and collects all of your most sensitive communications, make sure it has a great camera, a bright large screen and day long battery life.
I think you're greatly oversimplifying what courts have actually ruled on this over the years. Off the top of my head, the Supreme Court explicitly ruled that wiretapping a public pay phone in a booth is unconstitutional[1], and rulings from lower courts on using Stingrays without warrants are a mixed bag[2]. I don't think there's anything close to a broad precedent that the right to privacy evaporates the moment you go out in public.
> The deputy then used the woman’s travel history in Flock as part of the justification for searching her car, where he allegedly discovered 91 pounds of meth.
That sentence does make this less of a win tbh, given that with it, it's just an actual example of the technology doing the job it is supposed to do.
Like this, it's almost a trojan horse of something pretending to be PR for A, but actually being effective PR for B.
The point it's not just people with 91 pounds of meth who are getting tracked; it does what it's "supposed to" by treating everyone as a suspected criminal. An exterminator who blows up your house to get rid of termites still gets rid of the termites, but that doesn't make it a good solution.
Still, that’s a lot to be tailgating like this lady was as shown in the court filing. Also, “[the arresting officer] told another officer that he ‘could see her
carotid artery in my car. That thing was about to pop out of her neck.’”
The idea that law enforcement tapping into existing law enforcement knowledge constitutes as a search of "persons, houses, papers, and effects" does not logically follow for me. It is a search of law enforcements own property.
> It is a search of law enforcements own property.
Law enforcement doesn't have property and my private car on a public road is private property that requires a warrant to search. These things should be totally banned, but even your argument is wrong since Flocks don't mask just the road, they record everything in their field of view.
I don't think we can backtrack at this point but at least it should be heavily regulated and restricted (i.e. only run queries if there's a court order, etc).
Judges have a pretty direct role in whether or not Flock is able to be used effectively (e.g. the article's example of one granting a search warrant based on the data from it). The views of judges on Flock unequivocally do matter in our current system regardless of how their opinions are formed.
That's an entirely different claim than the one I responded to. If you don't think that judges matter at all, why are you not disagreeing with the parent comment that claimed that the issue is that judges are too political?
License plate reader?
So the device should require very specific license plates to scan for—not the current dragnet. The software should only "ping" when there is a confident match with said license plate(s)—and merely log which license plate, time stamp a single photo, and note the confidence level of it being a match.
The frame buffer should be the only place (a frame of) video is ever stored at all (excepting the high-confidence match indicated above).
The only issue remaining would be whether we trust the device/software to have complied (and not have a backdoor) and of course there needs to be a legal warrant for every license plate uploaded (and it should expire fairly frequently, likely requiring a new warrant to continue canning for the plate).
Describing these mass surveillance devices as "license plate readers" is a deliberate tactic to deceive people about their actual use and capability. Flock cameras record everything, not just license plates. They record the faces and bodies of the driver and the passengers that are visible through the windows. They record and analyze all the little dings, bumper stickers and other unique elements of a vehicle above and beyond license plates. They are regularly deployed and used in areas like footpaths where there is no vehicle traffic at all.
Just to add, some can identify Bluetooth signals, and I wouldn’t be surprised if identification via direct TPMS (tire pressure) is added eventually.
What do you mean direct TPMS ID? Read all 4 tires as a fingerprint? Can you do that remotely at speed?
Yes, that's what they are. But does that mean are they breaking federal law or unconstitutional? I believe we've been told by the courts repeatedly that we should have no expectation of privacy out in public.
I agree that it's not clear that this breaks federal law. But I do think it's clear that this should break federal law.
There's an interesting analogy with copyright issues surrounding AI use. Both copyright laws and surveillance were created to (respectively) creative incentives for authors to create novel works; and to protect citizens for indiscriminate surveillance. The laws made sense given the technology available at the time: it simply wasn't feasible to put a cop on every street corner, or to ingest the ideas of every work ever written.
But the laws have been eclipsed by technology. Technology makes a mockery of existing laws, by clearly violating their intent. Much has been written to the effect of "why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me." Similarly, Flock cameras have the effect or violating privacy in the exact same way the original laws sought to prevent.
Unfortunately, laws are slow to change, and monied interests will fight tooth-and-nail to put their profits above the rights of ordinary people. It's going to be a difficult decade or so coming up.
> why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me
Can confirm. I've personally stopped releasing new open source code, and stopped contributing to projects.
Until copyright laws are updated to protect my work from being stolen and my labor exploited by AI companies, there's zero incentive for me to participate in open source.
Even OSI's cuck licenses are being cucked beyond reason. I didn't think that was possible.
> But does that mean are they breaking federal law or unconstitutional?
I'd argue they break the fourth amendment:
> The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What are "unreasonable searches" if not being under "indiscriminate mass surveillance?"
From others. Not mass surveillance by a private corporation.
Otherwise maybe I'll just set up my own cameras in public locations. If the police want the data they can pay per minute of footage. I'll let them search for metadata and tell them if footage matches with no visibility to the footage until after payment. If they search for something and don't purchase but come back for it - it's then increased pricing. If this is all public space and we can all build these systems because there's no expectation of privacy then all is fair in access to public right of way along roads.
If someone set up their own camera and analytics platform outside of politicians and police officers homes and places of work, they would be taken down the next day. It's clearly biased towards people they see as not being able to fight back.
I’m no American but isn’t it a 4th Amendment issue, and the problem is how the various local, state, federal governments are using a private contractor (Flock) to do an end run around this by pretending that it’s no different from any private citizen recording another in a public space?
This has been allowed generally in US courts, to use private companies to collect data, etc.
There may be a solid legal argument that since Flock is operating hand in glove with the government that they effectively are the government within the context of 4A. IMHO, it's not out of the realm of possibility that courts reexamine the government's ability to buy up private data which they would normally be precluded from collecting, and establish limits on their ability to do so.
Is there a whole thing in the U.S. where it’s a no no with regards to cell data without a warrant? This feels like that.
(bear with me, this all comes from random podcasting over the past decade)
When a "private company" is using public land and public money to set up their surveillance devices, it is no longer private.
"Digital effects" have always been a grey area for unreasonable search-and-seizure. This was an infamous moment for the late Antonin Scalia, who, iirc, argued that the constistution couldn't reasonably be addressing this matter, as the Founding Fathers had no concept of digital effects when defining "documents and effects".
We never had Flock before, it's possible that some legal principles will be reexamined and reinterpreted because they were made around prior assumptions which have been upended by new technology. Who knows, maybe Congress will legislate something.
No expectation of privacy does not mean you can follow someone around all day and keep a log of what they do, which is essentially what this thing does.
Over the course of a days/weeks, the places one visits, roads you drive on, etc. those things should definitely be private.
Isn't that exactly what a stakeout is? Or an undercover operation?
I didn't search for undercover, but I can find nothing about a warrant being required for a stakeout in the US (and numerous results saying no warrant is required).
Isn't that what paparazzi do already? Seems like you can do that.
The moral of the story is, if you want to make a mass surveillance tool that tracks your every movement and collects all of your most sensitive communications, make sure it has a great camera, a bright large screen and day long battery life.
I think you're greatly oversimplifying what courts have actually ruled on this over the years. Off the top of my head, the Supreme Court explicitly ruled that wiretapping a public pay phone in a booth is unconstitutional[1], and rulings from lower courts on using Stingrays without warrants are a mixed bag[2]. I don't think there's anything close to a broad precedent that the right to privacy evaporates the moment you go out in public.
[1]: https://en.wikipedia.org/wiki/Katz_v._United_States [2]: https://en.wikipedia.org/wiki/Stingray_use_in_United_States_...
> The deputy then used the woman’s travel history in Flock as part of the justification for searching her car, where he allegedly discovered 91 pounds of meth.
That sentence does make this less of a win tbh, given that with it, it's just an actual example of the technology doing the job it is supposed to do.
Like this, it's almost a trojan horse of something pretending to be PR for A, but actually being effective PR for B.
The point it's not just people with 91 pounds of meth who are getting tracked; it does what it's "supposed to" by treating everyone as a suspected criminal. An exterminator who blows up your house to get rid of termites still gets rid of the termites, but that doesn't make it a good solution.
91 pounds? That’s 2 million doses at 20 mg/dose [1].
[1] https://dancesafe.org/speed/
That’s more like a therapeutic/occasional recreation dose and habitual users consume it multiple times a day.
A survey found that average daily consumption was 0.9g and median 0.35g.
92lb=41.73 kg = 41730g / 0.9g / 365 =127.032 average-user-years. Or basically a month’s supply for a small town.
Like most consumption, the top 10% easily account for >80% of total consumption.
That's less than $130,000 worth of product. It's a lot, but not crazy
A gram a day is more typical [1].
Still, that’s a lot to be tailgating like this lady was as shown in the court filing. Also, “[the arresting officer] told another officer that he ‘could see her carotid artery in my car. That thing was about to pop out of her neck.’”
Sounds like some wild decisions were being made.
[1]: https://pubmed.ncbi.nlm.nih.gov/40385390/
What you do on public roads is public.
The idea that law enforcement tapping into existing law enforcement knowledge constitutes as a search of "persons, houses, papers, and effects" does not logically follow for me. It is a search of law enforcements own property.
> It is a search of law enforcements own property.
Law enforcement doesn't have property and my private car on a public road is private property that requires a warrant to search. These things should be totally banned, but even your argument is wrong since Flocks don't mask just the road, they record everything in their field of view.
That's exactly what it is. Great news.
I don't think we can backtrack at this point but at least it should be heavily regulated and restricted (i.e. only run queries if there's a court order, etc).
TBH the words of an individual judge shouldn't mean too much now -> they are obviously very political judges now.
Judges have a pretty direct role in whether or not Flock is able to be used effectively (e.g. the article's example of one granting a search warrant based on the data from it). The views of judges on Flock unequivocally do matter in our current system regardless of how their opinions are formed.
? Flock is like one of many surveillance systems being installed in place.
The people in power are just circumventing everything on a whim to get what they want.
That's an entirely different claim than the one I responded to. If you don't think that judges matter at all, why are you not disagreeing with the parent comment that claimed that the issue is that judges are too political?
> they are obviously very political judges now
They are—since 2000 Presidents have appointed more polarized judges [1]. (The broader trend began in 1975 [2].) But they’re just as powerful.
[1] https://www.nber.org/papers/w32920
[2] https://news.northwestern.edu/stories/2022/04/political-pola...