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rootusrootus • today at 9:30 PM • 24 replies • view on HN

I can see some nuance to this one. Flock is intended to be searchable by law enforcement, not Joe Average. Tracking cops and then publishing that information is not exactly the same as turning Flock back on the Flockers.

I think the best solution is to just say nobody can do this, including the government. Or that if we allow things like Flock to exist, then we'd need actual legislation that tightens considerably how available the data is to be searched, and what approvals are necessary to access it.

The obvious next step, otherwise, is for someone to start OpenALPRMap and we all get to suffer together.


Replies

caconym_ • today at 9:35 PM

> Flock is intended to be searchable by law enforcement, not Joe Average.

Isn't Flock's alleged legality predicated on the principle that there is no "reasonable expectation of privacy" in public? I don't see why that would change depending on whether it's "Joe Average" or a police officer at the controls---IIUC I'm allowed to capture images, video, etc. of people in public just as much as cops are.

Agreed that these systems simply need to be banned.

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_moof • today at 9:45 PM

In the US, photographing and recording police are first amendment-protected activities.

Likewise, the fourth amendement doesn't forbid a police officer from recording someone in public, because there's no expectation of privacy when out in public.

The courts have found that legally, one officer recording one person is no different from a large-scale, automated surveillance system recording everyone.

Well, that argument goes both ways. If the scale and automation don't make a difference, they don't make a difference.

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0x1ch • today at 10:58 PM

I see no issue with tracking and monitoring public servants, just how public servants see no issue with tracking and monitoring the public.

Buttons840 • today at 9:37 PM

That's trying to unbake the cake. This technology will not go away. The powerful will use it in secret; and sometimes the less powerful too.

I'd rather see surveillance first pointed towards government leaders, and then once the government is highly surveilled, then maybe we can trust the government to surveil everyone else.

I don't know. My idea here isn't very realistic. It's not going to happen (though we should still try), so maybe just outlawing all of it would be more realistic.

patrickmay • today at 10:05 PM

"When the government fears the people there is liberty; when the people fear the government there is tyranny." -- Thomas Jefferson

Filming cops in public is a legitimate activity protected by the Constitution, according to the Supreme Court. Using a nationwide surveillance network to track people not suspected of any crime and without a warrant is not.

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willis936 • today at 10:08 PM

If Flock is specifically for law enforcement then it is a cut and dry violation of the 4th amendment. Case closed.

However, they are simply commissioned by law enforcement and law enforcement are just one of any number of customers. There is either an expectation of privacy or there isn't. This case highlights this exactly.

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avmich • today at 10:18 PM

Why do you equate government and the honorable Joe Average? The government works at the pleasure of the Joe Average, so it's natural that the said Joe is interested to watch how his servants perform their duties - after all, he elected them to do that and pays them for that. At the same time Joe might be not interested for his lowly servants to keep tabs on him - that's none of their business, after all they don't compensate him for that information, so why shouldn't we have cameras to watch the police while completely denying them to use cameras to watch us?

alex_young • today at 9:37 PM

It doesn't seem all that different. Cops use these cameras to stalk ex-girlfriends, target political foes, and perv on the public at large. The public watching them hardly seems worse.

I do agree that we just shouldn't have this kind of mass-surveillance in general, and I think that's kind of the point of this particular endeavor.

Terr_ • today at 9:35 PM

> I can see some nuance to this one. Flock is intended to be searchable by law enforcement, not Joe Average.

I feel that's like saying there's "nuance" when the police choose to pull someone over because--unlike the other car--they didn't have a "I Donated To Cops" license plate.

Yes, it's technically a difference, but if it matters then the police are abusing their power to play favorites.

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sailfast • today at 10:09 PM

If you’re driving a publicly funded vehicle we can know where you are and what you’re doing. Seems straightforward.

We should be able to subpoena the GPS records of the car’s location as well - or potentially FOIA that information. Sunlight is good. The opposite should only be done by going through a metric ton of hoops. Otherwise you end up… where we are now.

lostlogin • today at 10:12 PM

> Flock is intended to be searchable by law enforcement, not Joe Average.

Let’s pretend that police will only use the footage for good. No one else has access? That seems unlikely.

The IT department? Flock employees? Contractors? Managers?

dotancohen • today at 10:21 PM

  > I can see some nuance to this one. Flock is intended to be searchable by law enforcement, not Joe Average. Tracking cops and then publishing that information is not exactly the same as turning Flock back on the Flockers.
The fine article mentions that 3% of the queries against the database are from local law enforcement.
rbtprograms • today at 10:40 PM

cops are Joe Average with badges and a higher rate of spousal abuse.

iAMkenough • today at 9:52 PM

Unfortunately, Joe Average knows a cop willing to sell their Flock credentials on the dark web so Joe can perform nationwide searches of his ex-wife.

You have to assume it’s not just used by sworn law enforcement officers, especially when Flock’s own civilian employees have abused it.

linuxftw • today at 10:28 PM

Under the American theory of government, Cops tracking people without warrant is the same amount of lawful as people tracking cops without warrant, in fact, the former is more restricted.

kotaKat • today at 9:54 PM

> Flock is intended to be searchable by law enforcement, not Joe Average

Then why can Lowes and Home Depot buy their own units, place them across properties that aren't theirs and search them nationwide?

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LoganDark • today at 10:17 PM

The only nuance possible here is either that the government is more trustworthy than the average person (rather than less, as has been repeatedly proven), or that the police deserve special immunity in their activities (rather than needing closer scrutiny, as has been repeatedly proven as well). Either that, or that Flock is somehow a more trustworthy steward of the data, in terms of controlling access by agencies and individuals. It's also been proven that they're not, though, so that can't be either. IMO, this entire thing is just stupid hypocrisy.

lovich • today at 9:35 PM

This was in Canada so I don't know if the same laws apply. In the US the justification for this tracking without a warrant is that you are in public. That same justification allows for filming police in the public.

The intent of Flock in the US at least was just to use technology to get around the 4th amendment.

The police shouldn't be allowed to use automated tools like this without a warrant.

fellowniusmonk • today at 9:53 PM

Cops usually are worse than average Joe on many negative statistics (domestic abuse, etc), and that's not even factoring in how numbers are skewed by the well established thin blue line.

It's safer to give your info to average joe population than cops.

I would feel better if only cops didn't have access to see me on flock cameras and cops had to request footage through a public reddit or something.

This is all a bit of a joke sure, but less than police access to flock cams is.

nalekberov • today at 9:38 PM

Well, actually mostly Average Joes become cops. As a matter of fact those Average Joes stalked on random people with 'LOL' in reason column.

shevy-java • today at 9:34 PM

What nuance though? Did everyone give the state permission to sniff after them? Because I did not. And I am almost certain a majority would not be ok with it either. There is a reason people hate flock sniffers.

When the people turn it around and sniff on cops, why is that then any different suddenly?

> we'd need actual legislation

Can the people do legislation? It's always some judges and politicians who form a clique at the end of the day.

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pwillia7 • today at 10:20 PM

bro we have PRISM what are you talking about?