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This made me think - and I've still not managed to produce a coherent viewpoint. Closest I can come up with is that there's some sort of asymmetric 'value' tha
by goldcd 5y ago
This made me think - and I've still not managed to produce a coherent viewpoint.
Closest I can come up with is that there's some sort of asymmetric 'value' that sometimes appears from nowhere and this throws us off a bit.
As people have mentioned, security cameras are filming me all the time - and I've no issue with that. My image has no value. It's one amongst billions of frames taken, that will be ultimately wiped, unseen and uncared about. I don't care about the image as I know the owner doesn't - there's a balance.
If one of these frames was taken by a photographer deliberately - then suddenly I care more. Why did he take it? What was I doing? Where will it be shown? To whom will it be shown? What will they think of me, based upon it etc etc.
By taking that image, they've assigned value to it - but where's the value been taken from?
Maybe it's like the wind and there's 'value' going to waste all around us and the photo is just like putting up a turbine or a sail to capture it?
Maybe it's like somebody mining for diamonds under my house - they've found some value in something I didn't know I had, but I now want my share.
Maybe it's the concept of part of your soul being captured in the photo. That photo can be shown and might provoke a response to me, but I no longer have any control over it.
Maybe it's the flip side of social media, where you can choose the thoughts and images you wish to push to the world as your representation - except you didn't choose it and you don't have a reply or delete button next to it.
- shadowgovt 5y ago> Maybe it's like somebody mining for diamonds under my house - they've found some value in something I didn't know I had, but I now want my share. And this is one of the harder parts of assigning value to something like this... What is a person's share when someone exploits a resource that the first party had some kind of nominal claim to (i.e. "my land," even though really you live above that 3D region of space, not within it) but zero ability / opportunity / inclination to exploit? There's volumes and volumes of legal precedent on this topic for tangibles, let alone the increasingly-intangibles that we can monetize online.
- em-bee 5y agoi do take issue with security cameras filming me. it bothers me, because yes, maybe the images get wiped unseen, but maybe not. how secure are those cameras? who gets access to the feed? on the other hand, if a photographer takes a photo of me, i don't care as long as the photo doesn't get published. i take photos myself, and in general my attitude is that publishing one of my photos requires the permission of all subjects in it. when i put photos on my own website then i explicitly add a license that allows a subject in the photo to use it for their own purposes as they see fit. so as a photographer i explicitly give control back to the subjects in the photo, because that is how i believe this should be handled.
- _bfhp 5y ago"Racy Photos Were Often Shared at N.S.A., Snowden Says" - New York Times (July 20, 2014) In 2021, to take a photo with a smartphone is to publish it, worldwide and forever. (Of course I still take plenty of pictures of myself and friends. It's just not a clear line anymore what we get to control when social media and corporate/government leaks are everywhere)
- stevesearer 5y agoWhen entering stores with security cameras, I wonder how many use facial recognition tools and then how that information is being used / aggregated / sold. It would be good to know whether facial recognition is being used before entering a business.
- snarf21 5y agoIt is a difficult subject. A store security camera that cycles every weeks is no big deal. But what if there are cameras on every street corner run by the government and saved for 5 years? What about Ring footage of your neighborhood/building being saved for 5 years? The tough question is how do we separate what the data could be used for and what it is likely to be used for. And if we aren't vigilant now, could we just wake up one day and it is too late?
- FalconSensei 5y agoThinking about the security-cameras vs photographer thing: - Security cameras: At least in theory, security camera footage is mostly private, and recorded with a specific, 'good' goal: if something happens, they have the security footage. It can be useful to me if someone robs me and they can get identified because they were filmed. - Photographer: absolutely no use to me, and possibly going to share that picture on instagram, facebook, whatever, making 'everyone' knows that I was at there at that point.
- lovelyviking 5y agoAre we talking about rights or your convenience? Does a person has a right to freely express himself in any art form including photography?
- FalconSensei 5y agoThis is a response to the parent, which said: > As people have mentioned, security cameras are filming me all the time - and I've no issue with that. > If one of these frames was taken by a photographer deliberately - then suddenly I care more. Why did he take it? What was I doing? Where will it be shown? To whom will it be shown? What will they think of me, based upon it etc etc. I was just expanding on that. But go ahead and read my reply without thinking about what I was replying to
- lovelyviking 5y ago>I was just expanding on that. Yes you were just explaining on that but you 'were explaining on that' purely from the convenience and point of view while if you think about right for the free speech it is frequently not so much convenient when you hear criticism. That is why I asked the question and the question stands.
- mdorazio 5y agoThis is probably an unpopular opinion, but I'm in the same boat as em-bee - I am not ok with security cameras in public[1], or with public-facing doorbell cameras, either. My thought is basically: if a camera is recording the public, the public should have access to the recording. That isn't generally the case, so I'm not ok with it. [1] Note that by "public" I mean cameras facing streets, sidewalks, etc. I can always choose not to go into a store if I don't want to be on its cameras.
- renewiltord 5y agoThe article addresses this. What you are okay with is not the sole basis for determining what is ethical. For instance, I am not okay with you reading this text. I meant it for everyone except mdorazio. I demand you apologize.
- closeparen 5y agoIf you took this to a regulator they would probably laugh at you, but from what I can tell this statement is technically enforceable under GDPR.
- dheera 5y agoI disagree with this. I consider the human eye a camera. It also saves videos in a storage medium that doesn't permit deletion. I don't distinguish between a silicon-based camera and a carbon-based camera. To me they're just different rows of the periodic table. In fact I even hope to think that one day silicon-based cameras can be used to restore vision to carbon-based beings that have non-functioning carbon-based cameras. To that extent even if I have functioning carbon-based cameras, having a silicon-based camera attached to my body is just an extension of my body and you most certainly do not have the right of access to the memories it records, regardless of whether those memories are stored in neurons or in an SD card (even that detail is not your right to know; I could have had a flash memory implant in my brain and it would be a HIPAA violation if you demanded to know what implants I have). To ban silicon-based cameras is a gross ADA violation. To demand to know exactly by what mechanism videos are stored is a HIPAA violation. If you want to ban recording you might as well blindfold everyone while you're at it.
- xmprt 5y agoMy worry about it is how street photographers are able to convey meaning through context, captions, etc. I don't mind someone taking a photo of me if they get permission afterwards to post it and I'm able to ask them to take it down. However, I don't like losing control over my image.
- randombits0 5y agoBut it’s not yours. You don’t own your “image”, just like you don’t own your DNA. It’s not reasonable to expect to require permission for someone to use your image that they captured. What if it’s for news purposes? What if it’s related to, say, and insurance fraud investigation? If you keep trying to draw the line, it gets harder and harder to draw. So what’s reasonable? If you have an expectation of privacy that’s violated, that seems far. But if you do not, i.e. you are in public, you have no such expectation. Now, photographs shot through a window? Close your blinds or shut up. It’s all up to you.
- DanBC 5y ago> But if you do not, i.e. you are in public, What if you're on the street outside an HIV clinic? Or an abortion clinic? Or an STI clinic? Or a substance misuse clinic? Or a narcotics anonymous meeting? What if you're on the street, but have clearly just exited the door from that clinic? This isn't idle noodling. https://en.wikipedia.org/wiki/Campbell_v_MGN_Ltd https://en.wikipedia.org/wiki/Campbell_v_MGN_Ltd
- mcguire 5y ago"The House of Lords held MGN liable by majority vote, with lords Nicholls and Hoffmann dissenting. Baroness Hale, Lord Hope and Lord Carswell held that the picture added something of 'real significance'. The court engaged in a balancing test, firstly determining whether the applicant had a reasonable expectation of privacy (thus determining whether Art.8 ECHR was involved). It then considered whether, if the claimant was successful, this would result in a significant inference with freedom of expression (balancing Art. 8 with Art. 10). It was held that Campbell's right to privacy (ECHR, Sch 1, Part I, Art 8) outweighed MGN's right to freedom of expression (ECHR Art 10)." So there is a specific legal cutout for those cases. The legal system is not usually made up of complete idiots.
- robbedpeter 5y agoThe problem with surveillance is that law enforcement is not acting in your interests as an individual. Your image, captured on camera near a crime scene, becomes evidence of your guilt. It puts the onus on you to prove your innocence, and if law enforcement is lazy, fallible, stupid, or you just get unlucky, you're going to prison for a crime you didn't commit. Or you're going to get tangled up in a legal defense that could cost you years worth of paychecks to prove your innocence. "I've got nothing to hide" is not a valid opinion to have with regards to surveillance - the two options are "I have information to share with the state" and "I do not wish to share information with the state. " Since the state is almost universally in an adversarial relationship with citizens, it never makes sense for a citizen to share information with the state unless compelled to (the processes of state compulsion have stricter rules and precedents that have higher levels of protections against casual abuse. A lawyer can recommend 5th amendment if necessary when compelled to testify. ) https://youtu.be/d-7o9xYp7eE https://youtu.be/d-7o9xYp7eE I think the side of private photography is much simpler. If you're in public you should expect to be seen and/or recorded. Public places are places where you have zero expectation of privacy. We should celebrate the art that comes from public photography. I think we're long overdue for a sweeping, constitutional level reform of information privacy rights that protect citizens from abuses and reinforce modern norms around recording in public. It's obvious that we're living under the panopticon, so we need a system that accounts for that.
- wahern 5y ago> Your image, captured on camera near a crime scene, becomes evidence of your guilt. It puts the onus on you to prove your innocence, and if law enforcement is lazy, fallible, stupid, or you just get unlucky, you're going to prison for a crime you didn't commit. Or you're going to get tangled up in a legal defense that could cost you years worth of paychecks to prove your innocence. This is literally just FUD, albeit you're as much a victim of it as you are a vector. As someone who was recently on a jury for a criminal trial that was based almost entirely on copious video camera surveillance footage (no, not that trial), a jury that acquitted the defendant of all charges (almost immediately, save for a few hangers on, including myself), your fears seem largely unfounded. Both the law and the judgement of humans heavily emphasize intent and motivation, and camera footage is neutral in that regard. Admittedly, it's no picnic being subject to state-sponsored prosecution. But that was always the case, and despite all the FUD rooted in an unhealthily extreme anti-authoritarian sentiment (partially a product of our victim culture) that leaves little room for civil society to function, there's still conspicuously few claims, let alone evidence, that camera footage will result in a greater prevalence of false prosecutions, particularly for non-traffic offenses.
- whiddershins 5y agoValue can be created without it being “taken” from anywhere.
- kazinator 5y agoRight; with the notable exception of value provided by governments, which largely comes out of the pockets of the working class.
- kube-system 5y ago"Money coming out of pockets" isn't evidence that value is "taken" from anywhere. The more cooperative exchanges of value we have, the more valuable and prosperous our economies are.
- trwhite 5y agoThis reminds me of PG's essay: http://www.paulgraham.com/wealth.html http://www.paulgraham.com/wealth.html "A surprising number of people retain from childhood the idea that there is a fixed amount of wealth in the world."
- Helmut10001 5y agoTwo citations from Malhotra et al. (2004) [1] come to my mind here: First, "any act of data collection […] is the starting point of various information privacy concerns” (p. 338). Second, privacy can be defined as “the degree to which a person is concerned about the amount of individual-specific data possessed by others relative to the value of benefits received” (p. 338) This explains why we are so sensitive if random people take pictures of us, without our consent. Usually, there is nothing we can gain, but a lot to loose, under some circumstances. In Social Media, it is necessary to acknowledge both sides of the trade - users also gain something, which is why they/we are more willingly to give up some part of their/our privacy. This is also the case, to some degree, in public street surveillance. It is not the case, however, in random street photography. [1] Malhotra, N.K.; Kim, S.S.; Agarwal, J. Internet users’ information privacy concerns (IUIPC): The construct, the scale, and a causal model. Inf. Syst. Res. 2004, 15, 336–355.
- brokenmachine 5y agoI'm MUCH more comfortable with street photography than CCTV. I don't care if my image is taken in public, I have no expectation of privacy in the moment. But I do care about subsequent analysis of, and storage of linked metadata about those images. A random street photographer or member of the public is unlikely to be connected to a permanent, secret, and searchable database of facial recognition, gait analysis, or whatever else linked to bluetooth/phone signals to identify people in the images. I cannot say that about the many, many CCTV cameras that seem to be everywhere. Some people may think that's paranoid, but that's exactly what they would have said about mass surveillance pre-Snowden, and when you look at how much data they were storing and analyzing back then, think about what they're probably doing now... Such scary things are possible now that couldn't have been imagined even 20 years ago.
- kolinko 5y agoWell, once someone publishes your street photo, it becomes instantly available to a plethora of searchable databases from all kinds of jurisdictions. If it's CCTV, it's just one company that manages the photos, under local regulations.
- brokenmachine 5y agoBut that would be just a single image with no context, and usually no location and no ability to link it to bluetooth or phone number, as most online services remove exif data now, I belive. It's not like a fixed CCTV camera that is continuously recording and being constantly analyzed and stored forever, and can detect regular patterns of behavior, and thereby able to automatically tag things that are "out of the ordinary". >If it's CCTV, it's just one company that manages the photos, under local regulations. How could you possibly know that? There is nothing to say that the information is not being shared. TBH, it's extremely naive to think that information stays inside the building, or that the three-letter agencies haven't already connected those thousands of cameras. It's interesting that you use the word "photos" too, what I'm worried about is much more than photos, it's a permanent historical record of dates/times/movement patterns that can be linked over thousands of cameras, creating a continuous historical record of everyone's movements, all linked to those photos. They can track a single person's movements over years. It can also correlate with other people to detect who may be connected to who. Bigdata tracking everyone at all times. Give me a random person snapping street photos any day. Any way you cut it, fixed cameras are more worrisome.
- rinron 5y agothe problem isnt value or really consent, its that the photographer cant see the future. it also involves not just value but also cost and risk. Social media and the ability for things to go viral has made it possible for even the most innocent and mundane/valueless media to have a huge impact/cost to the person in it. It could be anxiety and depression triggered by being in a viral meme. A video of a real or perceived mistake normally overlooked and ignored suddenly ruins their career and some relationships. The subject, just as with the value may have no real way of knowing the cost and risk. most will assume there is no value, cost or risk like virtually every other photo and have no problem with it. Or they will think of those ever so rare photos that they see all the time at the top of their feed and either want far to much in compensation or never allow any photos they cant control taken. The problem isnt really consent its that the photographer and subject cant predict the future. If the photographer knew the photo would never see general public viewing, win any prizes be seen by the subject or anyone they know. both the photographer and subject wouldn't care about consent. on the other hand if the photographer knew exactly how popular, how much value would be derived from it and the cost it would have on the subject they wouldn't hesitate to get consent and maybe offer some compensation based on the cost the photo would have on the subjects life. it is however so rare a single photo has significance on anything, that everyone just assumes its not worth getting consent. only photo's where someone expects privacy is it assumed the cost to the subject is usually too high and requires consent.
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- YutaS 5y agoIt is novel and interesting because it compares the value of an image taken accidentally by a security camera to an image taken intentionally by a photographer. The author states that our value flows like the wind and photography captures it, which I thought was correct since photography is to record a moment in a constantly changing world.