it needs to be illegal for the government to buy data or intelligence that it could not otherwise legally collect itself.
It obvious this should be the case, but when you dump billions of dollars getting around 4th amendment protections, lets just say it takes awhile to close the loopholes.
Thats the loophole that flock capitalized on.
Reference: https://www.amnesty.org/en/latest/news/2021/06/scale-new-yor...
https://www.documentcloud.org/documents/20645486-re_-externa...
HB 4006 nullifies the entire purpose of obtaining Tollway information in an active investigation by requiring promptnotification to the subject of a search warrant and potential criminal actor. This information can be incredibly usefulin a multitude of criminal investigations, including homicides, kidnappings, and interstate trafficking of contraband.With this provision, law enforcement would not proceed with seeking a search warrant if it could jeopardize the abilityto apprehend the suspect, result in the destruction of evidence, or even worse result in harm to a victim.
Additionally, the proposed bill forecloses the possibility of obtaining information about a person traveling through aTollway pursuant to a subpoena, including license plate information or photographs of the driver, where a knownsuspect may not be identified but the route of travel could be useful to generate leads. A warrant is not required toobtain this information. Placing such a requirement that creates greater protections beyond those required under theFourth Amendment creates an unnecessary limitation on law enforcement's ability to investigate crime. The currentrequirement to obtain a subpoena is sufficient to ensure that law enforcement has a documented investigative purposeand criminal predicate tied to Tollway information.
Some case law background explaining why a warrant is not required for this type of Tollway information:
"This court has not previously addressed in a published opinion the question of whether an individual has areasonable expectation of privacy in his license plate. In two unpublished decisions, however, this court has agreedwith the other circuits that have decided this issue by holding that no such privacy interest exists. The reasoning ofthese opinions, as well as that of the Supreme Court in related cases, leads us to agree that a motorist has noreasonable expectation of privacy in the information contained on his license plate under the Fourth Amendment.No argument can be made that a motorist seeks to keep the information on his license plate private. The very purposeof a license plate number, like that of a Vehicle Identification Number, is to provide identifying information to lawenforcement officials and others."And, lol, yes the 4th amendment extends to driving on a public roadway... roads aren't international waters. Probable cause and such are still important. I recognize what you're saying but -- details matter, dammit.
Furthermore, just being recorded on a public roadway doesn’t constitute a search or seizure.
The strongest evidence in support of your position is that Boston aerial surveillance case, which is frankly a stupid extension of the idea of viewing = searching, and I’d like to see it or another case reach the Supreme Court for clarification.
Again, details matter: how is it stupid.
The courts have repeatedly upheld far more invasive searches and encroachments of vehicles, but now confusingly consider simply observing the outside of your vehicle to constitute an excessive search.
The Baltimore decision is stupid because it contradicts 50 years of case law over what constitutes a search and what degree of privacy you expect to have on a private roadway.
Is your definition of "stupid" anything that contradicts 50 years of case law? That seems.... tautologically limp.
Do you mind providing your position? Do you think being observed on a public roadway constitutes a search or seizure in the context of the 4th amendment?
Some example: Chicago Police Department accidentally sent me the ALPR XML data from the state's system (LEADS). The data included about a thousand social security numbers, many credit cards, the fingerprint hashes. This happened during FOIA litigation and when we raised it to them, instead of freaking out, they asked us if wanted them to actually redact. We said yes, they came back later and the XMLs still had many SSNs and credit card numbers. Third time was better, but it's still awful. Thousands of pages.
Another example: City of Chicago has given me the license plate records for millions of vehicles through FOIA. You can read about it at the end here: https://mchap.io/losing-a-5yr-long-illinois-foia-lawsuit-for...
Another example: Cook County Sheriff's Office's electronic monitoring program was using a 20 year old webserver that was exposed to the internet, leading to this: https://www.vice.com/en/article/contractor-exposed-the-movem...
Another example: City of Seattle accidentally sent me 30 million emails (including police): https://mchap.io/that-time-the-city-of-seattle-accidentally-...
The town I grew up in was a target of Bovino's ICE. A FOIA request for the usage of Flock in that town returned back the longest FOIA denial I've ever received, and I've done thousands, including over a dozen lawsuits. The friends that I graduated with, who think of this country as their home are being targeted. It's hard to express the grief of that. https://www.muckrock.com/foi/waukegan-11153/flock-safety-alp...
Another example: Recently I even found an S3 bucket used by police to share photos of people across state lines. Just... on the internet. Facial recognition, flock, etc.
I think you're hyper-focusing on the 4A public space stuff honestly. The 4A issue that I specifically research is about the extent of exculpatory information given to defense attorneys during criminal prosecution. Of the 150 arrests done by Chicago Police that I found in Flock audit lots, only one arrest report actually mentioned Flock. People have a 4th amendment right to have access to the exculpatory information about their arrest in order to make a proper defense.
This is all just stuff that I've found in my research and I feel like I've barely scratched the surface.
if they didn't get to have cameras everywhere, they wouldn't have as much to sell.