As someone who strongly opposes flock cameras...
This is a huge problem that people will try to sweep under the rug or hand wave away with wording like "It's the scale the matters".
Ideally, laws need to be written like programs are, where fundamental rules of the system are derived and programmatically put into action. So words like "scale" mean nothing. "I need the variable to go negative when the scale is large". Most programmers here will immediately snag on "scale" not being a hard value.
So what we actually need is a redefining of the fundamental rules, and well, that is very challenging to do such that it's still legal to walk around an record everything in public, but not legal to passively record everything in public all the time. How do we solidly and unambiguously differentiate a cops dashcam, from a police camera on a portable base station, from a flock camera on a corner to a private business with a security came to a firestation with a security camera.
Legally it's a very challenging problem to create a "programmatic differentiation" from the kind of camera use we want, and the kind we don't want.
You realize the law can just make shit up, right? It’s very easy to make a law that says “ALPR data needs a warrant” without impacting the ability of people to record in public. You just need to clearly define ALPR, which isn’t hard.
> Ideally, laws need to be written like programs are, where fundamental rules of the system are derived and programmatically put into action. So words like "scale" mean nothing.
> Legally it's a very challenging problem to create a "programmatic differentiation" from the kind of camera use we want, and the kind we don't want.
I don't think that's ideal at all. The questions you're asking already have been answered, judges. It's their whole job to understand that scale changes things.
I get the instinct to be able to objectively codify things, especially in this community, but the law is based on morality and philosophy. Until someone comes up with a perfect solution to the trolley problem, we need a human in the loop making judgements.
More on topic, there's a reason why we have different terms for surveillance and mass surveillance. They feel very different and mass surveillance enables much different behaviors of bad actors.
Looking at the sentiment of those around me about public recordings (in this case it was street photography), I would not be surprised if there was a push soon to ban all public recordings. At least, the sharing or usage of those recordings.
It seems many people feel it limits what I would consider "freedom of impermanence", or the concept that as an ordinary individual nearly every action or mistake you make will not considered in your future.
I for one would act differently if that were the case. Many vulnerable or stupid moments would not have happened. Many of those moments have allowed me to grow as a person. And this is as a person who has not faced persecution or bias in law enforcement.
I do not have a stance on the matter of general recording currently, but know that I would have acted differently if there was a camera around all the time. There goes my first time asking someone out, there goes frying a 5V board with 12V because I thought I knew better, there goes bar karaoke so bad that even the bartender looked pained. But if this were law, so too goes the guy I saw in a park fire spinning, so too goes the joy I captured on a strangers face at seeing a beautiful chandelier, and so too goes the countless photos of nature that happen to have people in the background.