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[–] 39 points 4 months ago (4 children)

I'm really curious as to whether this will impact the build out of the surveillance state, particularly in regards to Flock and other ALPRs. Or is a phone's location history somehow sacrosanct while an image on a camera is not?

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  • [–] 18 points 4 months ago (1 child)

    IDK if it will directly impact Flocks - although I don't know it won't. But at the very least, it helps build momentum. There is a national level, bipartisan bill to heavily restrict ALPR now. The more legal momentum there is vs related issues like geofence requests, the easier it is for that to pass. Also a lot of municipalities have already banned ALPRs locally, so that also helps build momentum.

    I fucking hate ALPRs.

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  • [–] 29 points 4 months ago (2 children)

    Shouldn't this also apply to cameras and audio recording devices going up everywhere without consent?

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  • [–] 8 points 4 months ago

    Shouldn’t this also apply to cameras and audio recording devices going up everywhere

    It only applies to the government, by requiring 4A protections for geofence requests. A judicial warrant will be needed for the cops to go to Google or w/e and say, "Give us everyone in this area on Tuesday Aug 9th". Which ofc will include innocent ppl along with the accused. It won't directly efffect private recording and data collection.

    There are tricky issues around private collection. Conflicting rights between parties, even. Anyway, it's possible that this + other cases like Carpenter v. United States could restrict gov purchases of loc data on the open market, not just direct requests to Google. NAL, and IDK how it might go. I imagine we might see further lawsuits as this bubbles through the legal system and there are 2ndary issues that arise from it.

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  • [–] 1 point 4 months ago

    naw without that they would need location tracking to not be protected. but as long as alternative ways to track location exists then sure, let them believe they aren't being tracked. its good publicity.

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  • [–] 14 points 4 months ago

    Maybe protect from the raw public. But from private brokers, heavily doubt it.

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  • [–] 10 points 4 months ago (1 child)

    What about States with 2-party consent laws? I've often wondered if its ever going to become a class action suite for all the audio monitoring, and not just the audible trigger words for home assistants. I'm talking anytime you have a conversation about something you see ads. I'm really sick of me and my wife's or kids' arguments becoming divisive ads that pop up moments later which only adds fuel to the fire

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  • [–] 8 points 4 months ago

    Awesome, nice to hear some rare good news in this area

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  • [–] 7 points 4 months ago

    Hey but all of you here dont disengage stay focused, grow the movement, and keep doing. The more of us doing the more we can make better for this, and many other things. We need a Fluxer Discord-like community to inform, discuss, collaborate and coordinate in real-time

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  • [–] 7 points 4 months ago

    A small breath of fresh air

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  • [–] 3 points 4 months ago (2 children)

    This sounds like a great step in the right direction. Would this have any effect retrospectively?

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  • [–] 5 points 4 months ago* (last edited 4 months ago) (1 child)

    Disclaimer -> NAL. I think it's extraordinarily rare for rulings to have retroactive effect. If sth was legal when you did it, you can't be held to account if that thing becomes illegal later on. That would open up all kinds of bad probs. Editing to add, your ability to follow the law today, can't require that you successfully predict future laws or future court decisions.

    But geo-fence data already collected would fall under this decision in the future. So let's say there's 2024 data. Data still exists on some Google server. Now it's 2028. Cops would need a warrant to obtain the 2024 data in 2028.

    That's my understanding. Again NAL.

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  • [–] 1 point 4 months ago

    A definitely not l lawyer ,but also though that, not knowing/understanding a law usually does not shield you from said law, right? And doesn’t the ruling mainly clarify what the law actually “means”?

    If that is the case I could still try actions made in the past, no?

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  • 6 comments in c/privacy@programming.dev view that post
    [–] 14 points 4 months ago

    Bold of you to assume that the US respects its Constitution!

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  • [–] 10 points 4 months ago

    This is pretty huge! Honestly surprised at the result.

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  • [–] 10 points 4 months ago (1 child)

    Does this mean they have to shut down the flock cameras?

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  • [–] 1 point 4 months ago

    Only if the gov't is using that data. Then that data is inadmissible in court and if used/abused can carry swift significant consequences. If private companies (aka gov't funded public troff whores) continue to abuse it, unless met with pushback by civil lawsuits, the abuse will continue.

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  • [–] 2 points 4 months ago

    Hows that Flock stock doing? ;-)

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  • [–] 1 point 4 months ago

    I am surprised. A rare privacy win. Hopefully more follow.

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  • 1 comment in c/privacy@lemmy.world view that post
    [–] 3 points 4 months ago

    This is fantastic news

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