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WarmWashtoday at 3:22 PM7 repliesview on HN

Great, now rigidly define scale...


Replies

saveferristoday at 3:34 PM

SCOTUS has (sort of) done this in the recent Chatrie case. https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf

It's obviously different in that Chatrie was about google location data, and there actually was a warrant. SCOTUS ruled that warrant was too broad since it captured everyone in that location, not a specific person(s).

Constitutional scholars have pointed out the ALPR are next in line to face challenges based on the same principles as Chatrie - LEO can get a warrant for a specific person(s) to search but cannot search the entire universe.

That would not prevent ALPRs from existing, but it would require a warrant to search them. Which seems reasonable and completely in line with the 4th amendment.

Edit: words/spelling

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devintoday at 3:33 PM

You don’t need to rigidly define scale to demonstrate at a common sense level that there is a major difference between a couple cops writing down your license plate and a nationwide network of them entering your plate into a searchable ledger.

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LPisGoodtoday at 3:37 PM

You don’t need to do that, actually. The legal system in the United States is highly capable of sussing out descriptions like “undue or unreasonable”.

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RHSeegertoday at 3:31 PM

The point at which we decide it's dangerous to the safety, freedom, and happiness of citizens. Every law we have is a balance between "provides good" and "imposes bad" - and we have to adjust where that balance lies on an ongoing basis as things (technology) change.

incorporealtoday at 3:49 PM

It’s impossible to “rigidly” define words like “chair” when faced with someone who’s committed to demonstrating ways you’ve failed to do it.

Luckily we never need to do that with words for them to be useful, even in legal contexts.

chuckstatoday at 3:30 PM

How many man hours could the department in question realistically dedicate to the investigation without the technology

morkalorktoday at 3:50 PM

Scale does matter. Take bacterial infections for example, there's a tipping of scale on the way to full blown sepsis