this post was submitted on 28 Sep 2023
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In the US, it's been long held people do not have the "expectation of privacy" while out in public. One of the major issues that you've kinda touched on is how would it be enforced? So are you opposed to all forms of recording? Or is this more focused on a corporation potentially gathering data on people just by being in public where someone is wearing these?
IMO expectation of privacy is valid, but I believe people should also have the right to reasonably know if they're being recorded. Recording people in public's one thing if you have your phone out and are waving it around pointing it at people, but it's a whole other thing if it's a concealed or otherwise hidden recording device.
Ring doorbells, and the like, are everywhere. Hell, I had a bear cruise in the dog door a couple of years ago. Neighbors produced security cam pics and I had no clue they had cameras!
At this point, we might as well assume we're being recorded the moment we step out our front door.
Ah true, I totally forgot about those.
God I don't like our current timeline 😔
I wonder about that, because how many things are already recording our activity in some way when we're out in public? And what would "knowing that you're being recorded" consist of? Like if there's a security camera on the corner of a building filming the sidewalk, and I don't see it, is my privacy violated? If someone posts a sign that says "cameras in use" is that enough? It's just an interesting question because obviously there are a huge variety of recording devices everywhere these days in public and as far as I know there's really not much in the way of laws dictating how or whether the device owner needs to warn people who may wander into it's range in public.
When I say to "reasonably know", I don't mean everyone must be aware, but moreso that if you look around, not looking for cameras necessarily, you should notice it. The "reasonable person" standard is one that's commonly used in law, to describe the nature of something, even if the letter of it isn't necessarily true.
That said, assuming we're talking American law, this would all come down to case law anyways. A majority of American law isn't what's on the books, but what's worked out in court rooms across the country based on written legislation. Judges end up hashing out what the written law actually intends to mean (or in many cases what it should intend).
For my personal standards, I don't think even a sign is necessary. So long as it's in plain sight. Phone cameras are largely identifiable by the manner in which people hold their phones when recording others, so that would also be something I'd consider passing this "reasonable person" standard. Cameras built into pens and sunglasses though are very obviously intended to be concealed, and as such wouldn't without there being other ways to identify it; such as if it was told to those who'd be in range of the lens that they'd be recorded by this device.
There'd definitely be a lot of back and forth to hash out appropriate legislation, but I think it's very doable without significantly impacting the daily lives of people today.
I just kind of assume my phone is going to give out more information than a camera ever could, so the very least those companies can do is give me access to that data.
There's a difference between "on apple's servers" and "a million people harassing you after being pulled into a Livestream against your will" though.
Both are bad, one is worse.
It's only valid in private venues. We don't know when were being recorded now and have not really known for decades. This isn't going to change anything on that front.
But something to detect their emissions etc in private venues would be a good idea. That or deployable jamming for Bluetooth and WiFi etc on site.
Ya, and I think that's something that should change. I should have the right to, within reason, be able to know I'm being recorded at any time.
It would be a nice to have. But there is no realistic way to do that. It is an unreasonable request. At any point in time when you are outside you are being observed by any number of satellites. Through any number of windows. From all number of arbitrary distances. You may as well request omniscience. Since you have an equal chance of obtaining it.
I think we're getting to the point where "expectation of privacy" and "expectation of not being uploaded" need to be separated.
I fully agree with the idea that there should be no expectation of privacy in public, but I also don't think filming some random person and posting them online should be carte blanche allowed.
The problem is you won't know you're being recorded in private either.
At the time it made sense. But laws need to change with the times. In the future you'll have people wearing these shitty glasses with cameras all around you all day every day cataloging your movements and entering them into giant corporate data centers. Something needs to change.
Also in the US, there has been this bizarre expectation that "if it's illegal, it will go away", which is how we have this shitty War on (some) Drugs, "assault" "weapon" bans, and people thinking that we have to completely outlaw AI.
The tech is here. It's going to be legal. We just have to figure out how to deal with it.
Legally speaking, you pretty much consent to being recorded when you step outside your own private space as far as I know.