> The Flock source added “Even if Flock took a stance on permitted use-cases, a motivated user could simply lie about why they're performing a search. We can never 100% know how or why our tools are being used.” A second Flock source said they believe Flock should develop a better idea of what its clients are using the company’s technology for.
In other words, why bother with safeguards when they'll just lie to us anyways?
I think this is a legitimate problem.
But...isn't this what warrants are for? With a warrant, the police have to say why they want to perform a search to a judge, under threat of perjury. They have a powerful incentive not to lie.
So...should warrants be required for this kind of Flock data also? Couldn't Flock set a policy that these searches are performed only under warrant? Or a law be enacted saying the same? I imagine it would make Flock much less attractive to their potential customers, and searches would be performed much less often. [1] So it's not something Flock is going to do on their own. I think we'd need to create the pressure, by opposing purchases of Flock or by specifically asking our elected representatives to create such a law.
[1] If I'm being generous, because of the extra friction/work/delay. If I'm being less generous, because they have no legitimate reason a judge would approve.
Based on another incident [0] I feel Flock's explanation for their actions boils down to:
1. "We are familiar with the customer the person claimed to be an agent for."
2. "We didn't know whether the person was doing something illegal with the data... And we don't want to know, and we don't try to find out."
3. "They didn't force us. They gave us money! We like money!"
As you might guess, I don't find these points especially compelling or exculpating. Certainly nothing that would/should stand up against state or local laws that prohibit the data being shared this way.
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