> 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.
Why should contracting that out to a private company require a warrant?
Flock isn't say Google which collects location data because it needs it for Google Maps to function. Flock is only here because the local government paid it to setup equipment.
It's really an issue for the local community. Do you want your local tax dollars going to support parks or tracking individuals?
Think of it this way. The government pays somebody to collect data about how many bicyclists use an intersection to decided if they should add a dedicated bike light. Why would the government need to use a warrant to get that information?
That's the same situation here. Flock is placing the cameras because the government has paid them to.
There's a few issues
1. Unreasonable is the key word here. You purposely chose an arguably reasonable thing (counting you anonymously as you pass through an intersection).
Many people think that personally logging your movements throughout the day using automated superhuman means crosses the line into unreasonable.
2. There is also a separate issue that the law allows third parties to willingly hand over/sell information about you that many people think would be subject to warrant rules. You only need a warrant when the information is being held by a party that doesn't want to hand it over willingly.
3. Intent matters in the law. The intent behind counting cyclists is very different than the intent behind setting up a system for tracking people over time, even though the mechanism may be the same.
4. There is also the issue that currently legal != morally correct.
Your claim is that the local governments shouldn't be allowed to collect this data period.
My claim is that the local government doesn't need a warrant to get information from a contractor whose only reason for collecting that information was to produce it as part of their contract.