In the discussion thread: Here Come the Drone Wars in America -- The Public vs. Overzealous Police [View all]
Response to The Straight Story (Reply #23)
Tue Jul 23, 2013, 12:39 PM
intaglio (6,250 posts)
24. We disagree, fair enough
But look at your first example, did the police have to go through the courts for the videos made near the start of the Boston Marathon? It is well worth remembering that it is the holders of those records who have the right to release them to the police - not the people pictured in the videos. It is true that business owners can refuse access but do you really think that happens?
Black boxes (Onstar) I've had to drive a car equipped with one of those and know damn well they are inaccurate - once it had me doing 99 mph on the loop in Shute Hill, Mawnan Smith (excuse the horrendous link).
I agree that drones patrolling night and day are an imposition, but then so are number plate recognition systems and we have those in this country already. Untaxed, uninsured cars are caught regularly by these. Speeding, not so much because the law here is that there has to be due warning (400 meters?) of "traffic control cameras" such as speed cameras or red light cameras.
Even with these warnings the fact remains that someone on public property has no reason to expect privacy. Equally someone on unscreened private land that is visible from a public place has no expectation of privacy, currently. But current common law practice is subverted by modern technology.
The Argus camera has recently been posted about on this forum and, obviously, there is little that would not be visible to this system. Even prior to Argus the use of ultra-long lens zooms by the paparazzi has rendered privacy on private land moot and legislating against it is a nightmare; the obvious questions are does the First Amendment trump the Fourth? and if so what is the position about private "newsmen" passing such pictures on to the Government?
I reiterate you should not expect 4th Amendment privacy in any public area, or even in the open air on your own land.
A separate question is "should the Constitution be amended to take into account this new visibility?" and I think we would both agree that it should.
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Replies to this discussion thread
|The Straight Story||Jul 2013||#18|
|The Straight Story||Jul 2013||#23|
We disagree, fair enough
|Warren DeMontague||Jul 2013||#31|
|Warren DeMontague||Jul 2013||#33|
|Warren DeMontague||Jul 2013||#35|
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