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Earlier quoted context omitted.
I was thinking the same thing. If no warrant is required then anybody can record whatever they want, right? edit I can't figure out how this could possibly be legal. It seems to me the rule for recording conversations is 1 party consent. [1] There is no way the FBI is participating in those conversations it's recording. I have no problem with law enforcement having special powers, but, isn't that special power a warr…
Whether a warrant is required is a federal Constitutional question. Requiring consent to record a conversation is a statutory creation (and state law at that). State law doesn't define what does or does not violate the Constitution.
Do we have secondary sources confirming this, specifically, lawyers in the case confirming this being brought up as evidence? If so, where is the public record of that? What are CBSLocal's incentives? Can they push fearmongering without repercussions? If this story is not true, where should we put the "flag" threshold? What are operational voting with money against stories like this ever, ever making HN frontpage aga…
Earlier quoted context omitted.
Could you qualify your use of "private property" to account for the many ways in which the "property rights" are assessed in terms of the 4A, e.g. in terms of surveillance?
Personally, I don't think the 4th amendment has much to say about surveillance. It protects four enumerated property rights: houses, persons, papers, and effects. If you have a property right in something, the government needs a warrant. If you don't, it doesn't. I don't think surveillance is good, but I'm strongly opposed to twisting the interpretation of the Constitution to fight in courts battles that should be fo…
A good intro to the US 4th amendment for anyone needing background details is at: https://www.law.cornell.edu/wex/fourth_amendment
The key element in the Oakland FBI story seems to be the idea that a conversation whose participants might reasonable believe is private in nature that happens in a public place can be recorded without a warrant.
Consider conversations in: a hotel room, an office room, an office conference room, an empty office or hotel elevator, a hotel lobby, an otherwise empty bus stop, an elevator occupied by others, a city bus or subway car with others nearby.
At what points on the ranges of private to public spaces, and numbers of others present & in eavesdropping range does an expectation of privacy fade away?
For a startup perspective, in which spaces/places could one speak candidly about financials or the latest funding round and believe that one's speech is truly private?
If that's true we are moving into a scary world pretty much like 1984 where everything you do is monitored all the time. Add voice, face recognition, surveillance drones, cheap data storage and AI to the mix it seems pretty soon everything you do in a public place will be recorded and analyzed. And all this can be done fully automated. I hope people will recognize that some laws need to change. Surveillance makes sen…
Every person will have a (or multiple) device that can capture and broadcast multiple audio, video, and other sensor data streams to the entire world.
Earlier quoted context omitted.
Instead of depending on generalizations, I'd say that without Clarence Thomas and Scalia (and also Ginsberg, Breyer, and Souter), it would be legal today to record what goes on inside your home without a warrant. So to generalize about conservatives or liberals in this case would probably not be helpful because both the liberal-leaning and the conservative-leaning justices split. What is absolutely true is that the t…
Trump has no principles and flip-flops every other second so how can you know what he will do?
Do we have secondary sources confirming this, specifically, lawyers in the case confirming this being brought up as evidence? If so, where is the public record of that? What are CBSLocal's incentives? Can they push fearmongering without repercussions? If this story is not true, where should we put the "flag" threshold? What are operational voting with money against stories like this ever, ever making HN frontpage aga…
I had a bit of a click around, I'm not sure how to find record of the evidence etc. I'm not familiar with the US courts websites.
1. https://www.justice.gov/opa/pr/two-northern-california-real-...
He is supposedly the manager of Autodesk's "Global threat management program." Do their "global threats" amount to more than watching over the cars in the parking lot at night?
> If you're going to conduct criminal activity, do it in the privacy of your own home. > That was the original intention of the 4th amendment. Wat. The intention of the 4th amendment was to enable criminal activity, but confine it to private property? Not to protect citizens' privacy from government snooping without probable cause? The intent was to prevent the executive branch from indiscriminately "searching" (and…
With the semi-libertarian concept of "crime" the founders had, it is quite hard to commit a crime in your own home.
If that's true we are moving into a scary world pretty much like 1984 where everything you do is monitored all the time. Add voice, face recognition, surveillance drones, cheap data storage and AI to the mix it seems pretty soon everything you do in a public place will be recorded and analyzed. And all this can be done fully automated. I hope people will recognize that some laws need to change. Surveillance makes sen…
You can't have an expectation of privacy in public places. Facial recognition can be beat by a hat + sunglasses (which is the hugest plot hole in Person of Interest, the characters never even attempt to disguise themselves).