The first one where the police uploaded videos and wanted viewer information is absolutely egregious and makes me wonder how a court could authorize that.
The next one, which I didn’t fully understand, but appeared to be in response to a swatting incident where the culprit is believed to have watched a specific camera livestream and the police provided a lot of narrowing details (time period, certain other characteristics, etc) appears far more legitimate.
They asked for information about a video watched 30k times. Supposing every person watched that video 10 times AND supposing the target was one of the viewers (it really isn't clear that this is true), that's 2999 people who have had their rights violated to search for one. I believe Blackstone has something to say about this[0]. Literally 30x Blackstone's ratio, who heavily influenced the founding fathers.
I don't think any of this appears legitimate.
Edit: Ops [0] https://en.wikipedia.org/wiki/Blackstone%27s_ratio
So not sure where you got the impression he's okay with up to 100 people being disturbed so we can catch one bad guy.
But then, he wasn't really talking about that was he? Better the guilty go free than the innocent suffer what? He was, essentially, talking about the principle of innocent until proven guilty; that innocent people shouldn't suffer by being punished for a crime unjustly.
2999 innocent people, in your formulation, though, are not being punished for a crime. They're not even being accused of a crime.
They are, however, being harmed.
It's easier to use historical examples because they're not afflicted with modern politics.
The FBI was known to investigate and harass civil rights leaders during the civil rights movement. Suppose they want to do that today.
Step one, come up with some pretext for why they should get a list of all the people who watched some video. It only has to be strong enough to get the list, not result in a conviction, because the point is only to get the list. Meanwhile the system is designed to punish them for a thin pretext by excluding the evidence when they go to charge someone and their lawyer provides context and an adversarial voice, but since their goal here isn't to gather evidence for a particular investigation, that's no deterrent.
Step two, now that they have the list of people interested in this type of content they can go on a fishing expedition looking for ways to harass them or charge them with unrelated crimes. This harms them, they're innocent people, therefore this should be prevented. Ideally by never recording this type of information to begin with.
There is a reason good librarians are wary about keeping a history of who borrowed a particular book.
No they're not. Which ones will live a day less of their lives?
If I'm on surveillance footage near a crime scene, police have the right to look for me and question me. This isn't any different. It's just different sets of photons and electrons.
I respect the rights to privacy, but a crime happened, and the police have the tools to investigate. It's barely an inconvenience.
The burden of proof will still be on the investigators and prosecution to find out and show beyond a shadow of a doubt who performed the swatting.
The ones who, having had their political inclinations revealed to adversarial law enforcement, then become subject to harassment for those views which should have been private.
> If I'm on surveillance footage near a crime scene, police have the right to look for me and question me.
The question is whether they should have the right to seize the surveillance footage by force if the proprietors would rather protect the privacy of their users. The third party doctrine is wrongful.
And given that it exists, so is keeping records like this that can then be seized using it.
> The burden of proof will still be on the investigators and prosecution to find out and show beyond a shadow of a doubt who performed the swatting.
This is assuming they're trying to prosecute a particular crime rather than using a crime as a pretext to get a list of names.
And it's about the principle, not the particular case. Suppose a protester commits a crime and now they want a list of all the protesters. Any possibility for harm there?
If there was a crime committed outside your home and you have surveillance footage that has captured passers by, you would not offer it to the police because you would rather protect the privacy of the all the anonymous passers by when one of them is likely the culprit?
That strikes me as highly unlikely. And if you wouldn’t, I am willing to bet that most people would. Why care about the privacy of anonymous passers by when you can help catch the perpetrator and increase safety around your home?
These are not the same. You might think the difference is subtle, but I'll tell you that that subtly matters. And matters a lot.
And tbh, these two scenarios are quite different.