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You keep missing that these aren't singular photographs. This isn't the 70s: these are persistent systems that aggregate video and photographs of everyone, trac
by text0404 17d ago
You keep missing that these aren't singular photographs. This isn't the 70s: these are persistent systems that aggregate video and photographs of everyone, tracking their movements over time. That is enough to make this constitutionally distinct from a cop taking a single picture of your house.
- Manuel_D 17d agoAnd? These are still videos of people in public. This information is in plain view. You keep insisting that if you aggregate public information it somehow becomes private information, but that's not true unless the Supreme Court makes some new precedence-setting decision.
- text0404 17d agoThat precedence-setting decision would be Carpenter v US [1], which established that being in public does not automatically eliminate all fourth amendment protection, and the comprehensive nature of government surveillance can matter constitutionally. [1] https://en.wikipedia.org/wiki/Carpenter_v._United_States https://en.wikipedia.org/wiki/Carpenter_v._United_States
- deleted 17d ago[deleted]
- Manuel_D 17d agoCarpenter v. United States was about the government accessing telecommunications data. This is not public information, location data also tracks people's movements on private property. Just like the other case you cited, Chatrie v. United States, this is a situation wholly removed from public facing video cameras.
- text0404 17d agoCarpenter was not about who owned the data or the technology being used but rather the government reconstructing a person's movements over time, including movements occurring in public. The fact that the data is owned by a private company or that some of it is considered private by the individual doesn't matter: it's about tracking individuals over time.
- Manuel_D 17d ago> Carpenter was not about who owned the data or the technology being used but rather the government reconstructing a person's movements over time, including movements occurring in public. ...and including movements occurring in private. > The fact that the data is owned by a private company or that some of it is considered private by the individual doesn't matter: it's about tracking individuals over time. More importantly, tracking their private movements over time, not just their public movements. You're hand waving away an important part of the case. And the decision does not extend to ALPR readers, from what I can tell. https://en.wikipedia.org/wiki/Carpenter_v._United_States https://en.wikipedia.org/wiki/Carpenter_v._United_States > The Supreme Court's ruling in Carpenter was narrow and did not otherwise change the third-party doctrine related to other business records that might incidentally reveal location information, nor did it overrule prior decisions concerning conventional surveillance techniques and tools such as security cameras. Trying to interpret Carter v. US as prohibiting public security cameras is a very big leap
- text0404 17d agoAs I quoted before: > A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, “what [one] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” This would still be an issue even if they weren't recorded in private spaces. At issue here is the reconstruction of data, regardless of if it happened in public or private spaces.
- Manuel_D 17d agoPicking out one quote doesn't change the fact that the ruling in Carpenter was narrow, limited to cell phone location information. You're just wrong about the scope of Carpenter, and unwilling to accept that fact.