logoalt Hacker News

otterleylast Monday at 6:55 AM3 repliesview on HN

Not supported by law where? I’m unaware of any legal proscription of this practice in the USA, and the Journal article makes no such claims, either.

(IAAL but this is not my primary field of expertise, and this is not legal advice.)


Replies

_deliriumlast Monday at 8:21 AM

There are many unresolved gray areas around what exactly the 4th amendment permits in the way of what United States v. Knotts called "dragnet-type law enforcement practices". Knotts suggested they might not be permitted, even if they were made up of permissible individual parts, but didn't elaborate. More recent case law has held, for example, that cell phone companies turning over large quantities of records is a 4th amendment search requiring a warrant, even if they do it voluntarily (https://en.wikipedia.org/wiki/Carpenter_v._United_States). Most other types of dragnets haven't been litigated enough to have solid caselaw on their boundaries afaik.

I don't know if it's likely a court will do anything about this particular program, but from what I've read I don't think 4th amendment scholars think this area is at all settled.

show 1 reply
reaperducerlast Monday at 11:36 PM

Not supported by law where? I’m unaware of any legal proscription of this practice in the USA

Using facial recognition on people without their consent is illegal in a growing number of states.

Facebook lost a class-action lawsuit about this and I (and many other people) got a check for a little under $500.

show 1 reply
b112last Monday at 8:10 AM

Indeed.

And the latest admin is only a string in the ever increasing use of such tech.

It should be illegal, but people are deluded if they think it started here.