zigag09 said:
The "show us local abuse first" standard is a very problematic argument. It turns our Fourth Amendment protections into a procedural right that would require citizens to spend time and money to defend in court, versus a substantive right to liberty against arbitrary state intrusion.
Talking about how it "should" be a Fourth Amendment violation is a dangerous game. If used properly, they would only use Flock in ways that they would need a reason to, that is, probable cause, and if the government has probable cause they can and will use targeted surveillance.
There also seems to be this perception that cameras are some sort of new thing--if you step into the courthouse or the Bush Library, the government now has you on camera. How is that apparently okay, but Flock isn't? This isn't a pro-Flock argument, it's a "this is not a good argument if you ever want to win in court" argument.
Quote:
The Electronic Frontier Foundation (EFF) recently analyzed more than 12 million logged searches across 3,900 agencies, revealing a widespread lack of internal oversight. Likewise, the ACLU has detailed numerous cases where system access extended well beyond the specific agencies authorized to use local tools.
So my "5 in 10,000 cases" number I was spitballing with might be even lower than I thought, as the EFF article doesn't give any numbers beyond non-numbers like "numerous" or "several", and then the question if these are even needless searches are questioned.
If 50% of the searches were verifiably abusive, then there would be a case to get rid of Flock. But what if it was 10%? 1%? 0.1%? 0.01%? Again, I ask--there is documented abuse going in our schools. It's extremely rare and they should be rightfully punished, but should we demand that public schools are a menace and should be done away with? (No.) These arguments about constitutionality and the possibility of abuse are non-answers and can be flipped against you and the causes you support.
The question you
should be asking is why this isn't a case of selective enforcement like they have in Britain.
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