Comment by linkjuice4all
15 hours ago
In the US, at least, it's pretty much legal to record the public as long as people have no expectation of privacy (IANAL, exclusions apply, non-commercial use, etc)
It's difficult to draw a bright line between these activities:
- I told someone else something I saw the other day
- I painted a picture of the public square or wrote a book about specific activities that I witnessed
- I specifically remembered an individual based on their face, visible tattoos, location, license plate, or some other unique factor and voluntarily testified to that fact in a court of law
- I spent every day at the same corner making note of the various people/vehicles that I saw
- I stuck a camera at that same point (perhaps on my private properly directly abutting a public space) and recorded everything, posted it publicly on the internet, and used automated technology to identify people, text, vehicles, etc
- I paid a different person every day to follow someone around and record what they did
- I developed a drone system that could follow specific individuals/vehicles from airspace I'm allowed to occupy
Pretty much everything I described above is legal in most of the United States. Obviously it gets creepier and more uncomfortable going down the list (I don't really like it when I'm the subject of any of these activities) but how do you stop this?
I'll at least throw out some options
- Implement some form of right to forget
- Forbid individuals or organizations from doing any of these
- Enact actual "civil rights" level privacy protections (extend HIPAA? automatic copyright for human faces? new amendment?) that include protection of individual's DNA, unique facial features, and other "uniquely human" attributes
Legal doesn't mean socially acceptable. Neither does it mean good.
The last two items on your list (person, drone) likely constitute stalking outside of specific limited situations.
> Implement some form of right to forget
The passive voice here is deceptive. When rephrased as the right to make others forget it suddenly seems quite nefarious (at least to me).
I agree with your first point - but Meta and other organizations don't really have to act in a socially acceptable manner at their scale. Creating laws at least opens the door to legal action to keep them in line.
My last two bullets intentionally walked the line on stalking and spoke to some of the arguments law enforcement have attempted to use to nefariously surveil the public without a warrant [0].
I also have a difficult time jamming 'right to forget' through the first amendment protections in the United States but it does provide some protection/agency to individuals to protect their identity.
[0] https://www.aclu.org/news/privacy-technology/warrantless-pol...
It's not a legal problem but a cultural one. Piracy, for example, is already illegal, but everyone does it.
Smartphones and social media apps made it frictionless to post public videos on the Internet. The only legislation that could be effective would be to forbid social media from hosting videos of public places somehow, and I'm not sure how effective or practical would that even be.
We live in a world where people have a literal phone in their hands and they would rather make a video call than a simple phone call. Something needs to happen to fundamentally change people's habits or it will only get worse in the future.