Comment by aetherson
5 months ago
I agree with your historical analysis, and I'm also uncomfortable with the total surveillance, but I'm not sure I buy there exist effective legal solutions. The truth is that everyone carries a camera, that all vehicles have cameras and will to a greater and greater degree be using those cameras all the time. I don't know what kind of limits we can put on the lack of privacy there that aren't incredibly intrusive attempts to control everyone's behavior or stop all technology.
> The truth is that everyone carries a camera
But that "everyone" isn't a single entity recording everywhere in public with the intent of providing tracking information of everyone else. If I'm in the background of someone's selfie and posts it online, it could be used to get my location at a specific time, sure, but their intent wasn't to do so and the scope of their recording is dramatically more limited than Flock.
To add to this: you being in the background of anyone's selfie is not a problem of itself. It is the aggregation of everyone's selfies that is a surveillance hazard, the risk associated with each individual picture is minimal.
Europe provides plenty of examples of how this can work. The implementation varies from country to country, but the common thread is that you need a lot of subtlety. Rules like "it's fine to photograph a street full of people, but if you focus on a single person you need their consent" and "you can photograph a busy street for artistic reasons, but the same photograph is illegal if the intent is collecting data about the people or vehicles in the shot, unless it's for research or education"
Those strike me as problematic. It strikes me as a big problem if I've got to navigate some fuzzy line about how much I am perceived to focus on someone every time I take a photo in public. Who decides too much focus is too much? How do they decide? How do I defend my artistic intent for every photo in public?
I understand how if you wave away all concepts of fallibility or enforceability, you can say to people, "It's cool that all this data exists, just don't be creepy," but you can't wave those concepts away.
Ultimately it gets decided the same way all matters of law are ultimately decided: a judge decides. How this is strange to you is strange to me.
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