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Manuel_Dyesterday at 11:41 PM2 repliesview on HN

Yes, ballots are anonymous. But how would Flock cameras somehow de-anonymize votes? I had assumed you were referring to tracking people driving to polling stations to discover who voted - not how they voted. Because how on earth would automated license plate readers somehow de-anonymize individual ballots? Please do explain what you meant by that.

And do explain the "idiocy" of the rest of my comment. Do you actually dispute anything I wrote? Do you think that law enforcement weren't monitoring groups like the Proud Boys, Nation of Islam, militia organizations, etc. before Flock came around?


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Ancapistanitoday at 2:08 AM

Well, in my precinct I'd estimate there are ~20 people at the polls to vote at any given time. Given the timestamp of a ballot, there are maybe 50 people it could have possibly been.

That's more than enough information to correlate voting behavior after a couple of election cycles with a high degree of confidence.

Oh, and ballots aren't just for one race generally. By looking at what races that ballot voted in and a list of people present, there's a very good chance you'd be able to narrow it down to an individual in a single visit.

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etchalontoday at 3:10 AM

To be clear, ballots are anonymous, and voter rolls are not universally accessible to all offices or functions of any given government. Different localities have different laws regarding the transparency of voting records, with varying degrees of control and confidentially down to the county level in some cases. In most cases, access to that information requires, at a minimum, a documented request though laws vary county by county, state by state, etc.

So "The government might not know how you voted, but they know who voted!" still requires a lot of work defining what you mean by "the government".

Second, your "this is already legal!" link pointed to an article about private citizens utilizing publicly volunteered data sets with no legal authority or consequence. I have no idea what that has to do with anything. Other than it sort of proves that mass data collection is likely to generate injustices.

But yes, in the US, you do not have a presumption to privacy when out in public. It is not an assumed universal, but, especially when it comes to private use, public information and public activities are not assumed private and have little if any protections.

However, SCOTUS specifically called out in Carpenter that mass surveillance data (cell phone location in that case) can be treated as a "search" under our Fourth Amendment. When confronted with a case that would look very similar to large network of private surveillance data of otherwise public activity, the court said, "Nope." If the quality and quantity of the data is sufficiently detailed, it cannot be presumed to be "public" information, especially when the mechanism by which it is gathered does not require affirmative consent, and especially when the data is retroactively broad.

Carpenter is the opinion which the ACLU cites, repeatedly, when they attack Flock's network of cameras. Cursory reading about whether Flock constitutional will point you towards Carpenter, and the ACLU's argument that it should/will apply to Flock.

We've had exactly one real test of that argument (Schmidt v Norfolk) that has yet to be make it to SCOTUS. The district court in that case ruled Carpenter didn't apply - but it was a district court whose opinion SCOTUS overruled in Carpenter too.

The next SCOTUS test of mass surveillance data usage will likely be the pending opinion in Chatrie. SCOTUS-watchers seemed divided on where they think the court will land, so who knows. Though based on the dissents in Carpenter, and the current make-up of the court, it's hard to see a world in which the original dissenters change their mind and that ACC doesn't join with them for a 5-4 opinion the other way under some narrow condition set.

I have no idea why you think the government monitoring specific groups has anything to do with mass surveillance networks beyond that the words monitoring and surveillance have similar meanings.

You seem to just be saying things.

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