alt Hacker NewsNo law can prevent me from operating a corporation that collects and publishes license plate data for lawful purposes (basic freedom of the press.) If I can see something in public (where no reasonable expectation of privacy exists), I can report on it. Very few exceptions exist to this - think national security or military installations.
> Doesn't mass surveillance plausibly violate the First Amendment, by having a chilling effect on speech and freedom of association?
Plausibly, but no relevant case law I am aware of makes this interpretation.
We can prohibit the government from utilizing and collecting the data: absolutely, but you cannot prevent the people from doing the same.
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Are you allowed to do the same thing with SSNs? It’s just another government issued ID like a license plate.
Alright, I will accept that what you say about license plate data is true (though I know there remains ongoing debate about it, IANAL so I cannot claim to know anything more).
That gets you as far as distributing the license plate, location, and time. But if you combine that data with other non-public data, then it is no longer a First Amendment protected use.
As an aside, if we cannot figure out a way to make this fit with the First Amendment as written today, we need to make updating that a priority already. The founders had no idea that we would end up with computers and cameras that could automatically track every citizen of the country with no effort and store it indefinitely. "No reasonable expectation of privacy" rests on a definition of reasonable that made sense in the 18th century. Our technological progress has changed that calculus.