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?
Having a barrier to accessing data can help prevent casual abuse in my opinion, so that officers can't look up say some ex girlfriend's license plate, but if they get a warrant they can look up some suspect's license plate.
No, they wouldn't need a warrant, because they'd be stalking you.
Exactly, people act like “warrants” are going to protect you from authoritarians. It’s literally just a piece of paper! All this going on about surveillance and privacy really is futile.
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 is a monumental difference between counting how many cyclists use an intersection and recording the license plates of cars.
If the former, you don’t store any personal information, all you know is how many pass by. You don’t even know if they were different people, 10 of the 50 cyclists you saw could’ve been the same person going in circles.
In the latter, you know which vehicles went by, and when. Even if you don’t record the time you saw them, from the dates of the study you can narrow it down considerably. Those can be mapped to specific people.
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.
Correct. In your analogy, the Texas cop is being paid by your community to write down your license plate. (Otherwise, he has no authority to be operating outside his state.)
Being able to scope out a small scale example of why something is ok is a very poor indicator of how it operates in a massive one.
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.
Not OP but that is obviously not his claim..? The cyclist data doesn't identify specific people. How are you missing the distinction between that and a report on specific individuals?
So when you say
> 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.
You're missing the whole disagreement. Yes, even if the contractor might capture specific license plates so that the report can say "yeah this road has X unique users" its very different from a report that says "the road has these specific users".
I would say that there is an appreciable qualitative difference between a man using his eyeballs and a piece of paper to write down license plate numbers and a technologically sophisticated network of computerized surveillance apparatus installed over a geographically large area being used to track an individual.
Call me old-fashioned I guess
Seriously, though, stalking generally requires targeted behavior.