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License plate reader searches should require a warrant

andrewpwheeler.com

211–220 of 423 posts

Re: License plate reader searches should require a warrant

#211
post #197

Earlier quoted context omitted.

I don't follow that... posting a police officer in everyone's house is pretty much a Third and Fourth Amendment violation and not primarily constrained by finances.

Youre the one that made the intellectually dishonest argument that scale is about cost and efficiency while the discussion was about scale of the surveillance . from your point , nothing is cheaper and more efficient then mandating an app on all phones through which the governments can track everyone, and consequently whoever doesnt have it would be a criminal. it completely tracks from your argument . You may need t…

No it doesn’t track. In his example, observing license plates is perfectly legal without a warrant. Looking in your phone is not. These are not at all alike.

Re: License plate reader searches should require a warrant

#212

Earlier quoted context omitted.

> People either have privacy in public or they do not Thankfully, the law isn't as overly simplistic and black and white as that. It'd be very stupid if it were. We have the ability maintain a general principal like "there's no expectation to privacy in public" and still prohibit certain things that are deemed harmful, like taking upskirt photos of people while they are in public spaces.

[flagged]

> Nobody is talking about cops or flock cameras taking upskirt photos.

Just as we have the ability to pass laws prohibiting that specific harmful use of cameras while in public spaces, we have the ability to do something about the harmful uses of police and flock cameras while in public. The conversation is about the harms of mass surveillance and the exceptions necessary to protect the American public.

Re: License plate reader searches should require a warrant

#213
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

These systems also facilitate criminal behavior by officers and others with access to them. They can also misidentify vehicles and lead to innocent civilians being pulled over at gunpoint. Problems with officer behavior scales with these systems.

Re: License plate reader searches should require a warrant

#214
post #2

It frustrates me when people call them license plate readers. I guess you need to call them something, but they are general-purpose internet connected cameras. They will do whatever their firmware tells them to do, and could be reprogrammed at any time by anyone with access. No one expected doorbell cameras to join a mass surveillance network, but later the manufacturers added that feature. Why do we treat these came…

Especially considering Flock's API will give you people not just license plates.

The flag for whether the object/person is law enforcement vs not is interesting as well.

Love that, very cool for quickly filtering out the streams / geodata that might have an officer's actions recorded.

https://docs.flocksafety.com/developer-hub/docs/tracking-obj...

Re: License plate reader searches should require a warrant

#215
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

Flock records more that just license plates. It’s my understanding they’re also scanning wireless spectrum and tracking Bluetooth and WiFi MAC addresses, among other things.

More to the point, there’s a difference between someone writing down license plate numbers on a sheet of paper and and putting that information into a database that can then be mines to identify patterns of behavior, associations between people, etc. Context, use, and scale all matter significantly

Re: License plate reader searches should require a warrant

#216
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

Obviously, letting everyone track everyone is not ideal. I assume this is the intent of your proposal.

Letting the police and government track everyone also seems not ideal. Worse even than letting everyone track everyone.

Re: License plate reader searches should require a warrant

#217
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

The police cruiser's primary role is deterrence not investigation or data collection. A better comparison would be stasi informants.

Re: License plate reader searches should require a warrant

#218
post #197

Earlier quoted context omitted.

Youre the one that made the intellectually dishonest argument that scale is about cost and efficiency while the discussion was about scale of the surveillance . from your point , nothing is cheaper and more efficient then mandating an app on all phones through which the governments can track everyone, and consequently whoever doesnt have it would be a criminal. it completely tracks from your argument . You may need t…

No it doesn’t track. In his example, observing license plates is perfectly legal without a warrant. Looking in your phone is not. These are not at all alike.

Then it should be legal for citizens to deploy their own network that allows anybody to track any license plate?

Re: License plate reader searches should require a warrant

#219
post #64

Earlier quoted context omitted.

> everybody knows how effective video footage is There's no evidence that mass video surveillance, Ring cameras, etc. are leading to higher clearance rates of serious crimes. > We have had cities in the USA with 10k+ cameras in public spaces for years now without much fanfare. And if the data from those cameras were processed to allow me to type someone's name into the search and then track their every movement, ther…

I have never heard anyone try and argue that video evidence is not effective. That’s a pretty big stretch. There is nothing reversed with Flock. There is a crime scene, they see who was entering or leaving and work from there. Without plate readers it takes a team of people many hours, that’s the difference. You can’t know who had anything to do with the crime without investigating, that’s the definition of the word!…

Is it OK to install a GPS tracker on your car if you only drive on public roads? You seem to think that would not compromise your privacy in any way.

Re: License plate reader searches should require a warrant

#220
post #197

Earlier quoted context omitted.

Youre the one that made the intellectually dishonest argument that scale is about cost and efficiency while the discussion was about scale of the surveillance . from your point , nothing is cheaper and more efficient then mandating an app on all phones through which the governments can track everyone, and consequently whoever doesnt have it would be a criminal. it completely tracks from your argument . You may need t…

No it doesn’t track. In his example, observing license plates is perfectly legal without a warrant. Looking in your phone is not. These are not at all alike.

Here's my rebuttal: I don't want police sitting down and writing every license plate down 24/7 on every street corner tracking my every movement. That's bad. And they don't do that now, so saying "it happens today" is false.

It isn't possible for them to do that without sensors and AI everywhere. That's why using this technology is a red line.

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