8,454 karma · joined April 9, 2021
This isn't the case of law enforcement using a third party to get around constitutional requirements. The government could set up their own cameras doing exactly what Flock does, and it would still not violate anyone's constitutional requirements. Because people don't have a right to not be recorded in public, no matter how much you want that to be the case.
By contrast, a person can stand on a street corner with their phone and record everything a Flock camera records.
Do they need a warrant to photograph the exterior of your house? No. Do they need a warrant to photograph you in public? No
Again, this is far removed from a camera in a public space.
This is far removed from a camera set up in a public space.
You're correct that the government can't use a third party to circumvent privacy laws. But privacy laws never prohibited what Flock does. The government could directly set up its own cameras in public, and nothing about that violated the Fourth Amendment.
The government does not and never did require any warrant or justification to record people in public spaces. Not just the government, but normal people too: you can whip out four phone and start recording people in public any time you want.
At least in the US, they can't. This is already the law.
But what so many people don't understand is that the government does not and never did require a warrant or some other permission to film people in public. Flock isn't allowing the government to bypass limits placed them by the Constitution. Privacy laws, for the most part, protect what people do in private.
One thing the Flock debate had revealed is how many people simply assume everything they don't like is unconstitutional.
There's a big difference between "X is illegal" and "X is presently legal, but my prediction is that the Supreme Court will, in the future, rule that X is illegal."