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Cities panic over having to release mass surveillance recordings

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31–40 of 83 posts

Re: Cities panic over having to release mass surveillance recordings

#31
post #18

Earlier quoted context omitted.

You know, in hockey there's sometimes a saying that "if you're too small to carry your gear bag, you're too small to play hockey." Feels like there might be some kind of moral lesson there for this situation.

Hockey is a game, governing is not.

If the local governing body is too small to handle the requirements of governance, what then? Laws can be broken just because there are too few clerks?

Re: Cities panic over having to release mass surveillance recordings

#32
post #18

Earlier quoted context omitted.

You know, in hockey there's sometimes a saying that "if you're too small to carry your gear bag, you're too small to play hockey." Feels like there might be some kind of moral lesson there for this situation.

Hockey is a game, governing is not.

Using invasive surveillance tech to govern is not needed then. If you can't handle the full service (on both ends) of the technology, then you can't deploy it and have to use regular old police work or legacy techniques to enforce it.

Using this tech is not mandatory to have governance.

Re: Cities panic over having to release mass surveillance recordings

#33
post #27

Earlier quoted context omitted.

Service fees is the counter-tactic here. If it takes the city clerk multiple hours to assemble and distribute the video clips and time gets billed to $1k/request because it's being done in the most inefficient, asinine way, well, how many FOIA requests really have $1k of urgency behind them? I don't know enough about municipal billing to know how defensible that is, but it's definitely one of the escalation paths her…

Not very defensible. Wherever you are, this is probably fairly settled law. In Illinois, playing games with fees for non-commercial requests is likely to land you in a suit with fee recovery for the plaintiff and thus good legal representation on contingency.

It would seem a reasonable case to make that their vendor should be able to assist them in these data requests, too, particularly if the vendor were profiting from the data. My own opinion is that vendors who collect data from governments like this should be subject to foia themselves.

Re: Cities panic over having to release mass surveillance recordings

#34
post #13
post #9

Earlier quoted context omitted.

Or as Thomas stated elsewhere in this thread, they can follow Illinois and just exempt ALPRs from FOIA reach. ALPR FOIAs have the potential problem of abuse by stalkers and others wanting to track someone (imagine “Hollywood” personæs.) It’d be a bad precedent to follow, but they could. I wonder what Tiburon will be doing. They’ve had ALPRs since forever as they only have one road in and one road out, so it’s easy fo…

Just raw footage and identifying information from cars, if I remember right. You can still make FOIA requests of data the PD keeps on hand from Flock searches. There is an interesting thing happening in FOIA law here in WA (you'd never notice it from this spammy article, though). A pretty common FOIA exemption is for data not managed by a public body, but via some commercial vendor. FOIA generally only allows you to…

If their data is 100% sourced from public data, its public data.

Re: Cities panic over having to release mass surveillance recordings

#35
post #27

Earlier quoted context omitted.

Not very defensible. Wherever you are, this is probably fairly settled law. In Illinois, playing games with fees for non-commercial requests is likely to land you in a suit with fee recovery for the plaintiff and thus good legal representation on contingency.

It would seem a reasonable case to make that their vendor should be able to assist them in these data requests, too, particularly if the vendor were profiting from the data. My own opinion is that vendors who collect data from governments like this should be subject to foia themselves.

Again I can speak only for Illinois (and 'chaps is more authoritative than I am) but for the most part you're not going to be axiomatically deriving what you can do with FOIA; most permutations of what can be done have already been attempted, and there's really rich case law. It's super easy to FOIA things! Lots of relatively normie people use FOIA. So FOIA lawyers have seen some shit.

Generally I'd predict that it's unlikely that you'll be able to do anything with a FOIA law to compel a vendor to do anything directly.

Re: Cities panic over having to release mass surveillance recordings

#36
post #16

Here in Sweden, the use of license plate scanners has become the norm for basically all parking houses, bridge tolls and road tolls. Even if you don't install the app or become a "member" of whatever system they are using, the license plate scanners is still used to detect when you enter or leave, and in some cases they automatically look up your home address to send you the bill with zero interaction with the driver…

Same is true in Iceland. It’s just the established norm. Much less costly vs installing gates and barriers and payment terminals and easier to add paid parking to non traditional locations where constricting entry/exit to barrier’ed lanes would be a challenge or impossible. Shifting the payment experience to the user’s smartphone. It’s still a bit foreign to visitors from places where this isn’t the norm but for Iceland and Icelanders it works well and is a non issue.

To be fair, the relationship between the Icelandic people and their government and their corporate class is wildly different vs that in the US in 2025 to say the least.

Re: Cities panic over having to release mass surveillance recordings

#37
post #13

Earlier quoted context omitted.

Just raw footage and identifying information from cars, if I remember right. You can still make FOIA requests of data the PD keeps on hand from Flock searches. There is an interesting thing happening in FOIA law here in WA (you'd never notice it from this spammy article, though). A pretty common FOIA exemption is for data not managed by a public body, but via some commercial vendor. FOIA generally only allows you to…

If their data is 100% sourced from public data, its public data.

That is not remotely how it works in Illinois. It's not even how public data held by public bodies works: you can generally only compel production of specific documents that already exist.

Re: Cities panic over having to release mass surveillance recordings

#39

Earlier quoted context omitted.

Hockey is a game, governing is not.

If the local governing body is too small to handle the requirements of governance, what then? Laws can be broken just because there are too few clerks?

Even big cities (and companies!) do this all the time.

“Oh, sorry, we are dealing with unusually high wait times. The current wait time is 8 hours” type stuff.

Malicious compliance isn’t just for individuals!

Re: Cities panic over having to release mass surveillance recordings

#40

Earlier quoted context omitted.

Hockey is a game, governing is not.

If the local governing body is too small to handle the requirements of governance, what then? Laws can be broken just because there are too few clerks?

I really don't know, it's a difficult question. In this case I agree with most people here on HN that these sorts of mass surveillance tools are not desirable but the reason why is not "because the city is too small to handle FOIA requests".

For another example, some rural localities want to restrict drone usage, but actually enforcing that is expensive and difficult. What's the solution? I really don't know.

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