logoalt Hacker News

Manuel_Dyesterday at 9:37 PM2 repliesview on HN

No, the fact that it's recording people in public does make it escape scrutiny moving forward. In public you can be filmed by anyone - be they government or private citizens.

I find a lot of people fail to realize this, both in regards to surveillance and otherwise. Recently in my city there was a big uproar about a nudist beach that was at risk of having nudity prohibited. So a bunch of nudists went out and paraded around the beach while disrobed, some of them bringing their children with them. People sailed by and photographed many of the nudists, and put their images online. Many alleged that must be a violation of some privacy law, but no, the law in Washington (and most, perhaps all, of the US) is quite clear: if you're in public, you can be filmed and photographed. If you don't want to be filmed nude, don't go walking around naked in public.

Regardless, back to the topic at hand, the fact that Flock cameras a in public spaces does in fact mean that there's no requirement to get a warrant to use them.


Replies

caconym_yesterday at 10:02 PM

> No, the fact that it's recording people in public does make it escape scrutiny moving forward. In public you can be filmed by anyone - be they government or private citizens.

This is false. While there is no strongly established precedent yet, there are certainly serious and plausible legal arguments being made that unlimited collection and collation/cross-referencing/etc. of "public" information can under certain circumstances constitute a search. It will most certainly not "escape scrutiny moving forward".

e.g. https://en.wikipedia.org/wiki/Mosaic_theory_of_the_Fourth_Am...

show 1 reply
jollyllamayesterday at 9:43 PM

So what's the logical conclusion, that there will be a company with a drone following every individual in a public space at all times and that the government will pay for the data?

show 2 replies