Federal judge calls Flock 'indiscriminate mass surveillance'

(techcrunch.com)

101 points | by sbulaev 1 hour ago

7 comments

  • JKCalhoun 39 minutes ago
    License plate reader?

    So the device should require very specific license plates to scan for—not the current dragnet. The software should only "ping" when there is a confident match with said license plate(s)—and merely log which license plate, time stamp a single photo, and note the confidence level of it being a match.

    The frame buffer should be the only place (a frame of) video is ever stored at all (excepting the high-confidence match indicated above).

    The only issue remaining would be whether we trust the device/software to have complied (and not have a backdoor) and of course there needs to be a legal warrant for every license plate uploaded (and it should expire fairly frequently, likely requiring a new warrant to continue canning for the plate).

    • StanislavPetrov 28 minutes ago
      Describing these mass surveillance devices as "license plate readers" is a deliberate tactic to deceive people about their actual use and capability. Flock cameras record everything, not just license plates. They record the faces and bodies of the driver and the passengers that are visible through the windows. They record and analyze all the little dings, bumper stickers and other unique elements of a vehicle above and beyond license plates. They are regularly deployed and used in areas like footpaths where there is no vehicle traffic at all.
      • TimeBearingDown 21 minutes ago
        Just to add, some can identify Bluetooth signals, and I wouldn’t be surprised if identification via direct TPMS (tire pressure) is added eventually.
        • bix6 13 minutes ago
          What do you mean direct TPMS ID? Read all 4 tires as a fingerprint? Can you do that remotely at speed?
          • koolba 1 minute ago
            > Can you do that remotely at speed?

            Even if you can’t, if you put enough of them by stop signs and traffic lights it’s a non-issue.

          • garciasn 7 minutes ago
            https://networks.imdea.org/your-cars-tire-sensors-could-be-u...

            Sort of. The problem isn’t necessarily the speed but the range. But it could be used. Bluetooth and WiFi tracking would be more likely in most real world scenarios.

          • Terr_ 3 minutes ago
            [delayed]
  • joshheitzman 45 minutes ago
    Yes, that's what they are. But does that mean are they breaking federal law or unconstitutional? I believe we've been told by the courts repeatedly that we should have no expectation of privacy out in public.
    • hackyhacky 27 minutes ago
      I agree that it's not clear that this breaks federal law. But I do think it's clear that this should break federal law.

      There's an interesting analogy with copyright issues surrounding AI use. Both copyright laws and surveillance were created to (respectively) creative incentives for authors to create novel works; and to protect citizens for indiscriminate surveillance. The laws made sense given the technology available at the time: it simply wasn't feasible to put a cop on every street corner, or to ingest the ideas of every work ever written.

      But the laws have been eclipsed by technology. Technology makes a mockery of existing laws, by clearly violating their intent. Much has been written to the effect of "why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me." Similarly, Flock cameras have the effect or violating privacy in the exact same way the original laws sought to prevent.

      Unfortunately, laws are slow to change, and monied interests will fight tooth-and-nail to put their profits above the rights of ordinary people. It's going to be a difficult decade or so coming up.

      • bogwog 12 minutes ago
        > why bother to create new, free materials on the internet when it will just get scooped up by an LLM with no attribution to me

        Can confirm. I've personally stopped releasing new open source code, and stopped contributing to projects.

        Until copyright laws are updated to protect my work from being stolen and my labor exploited by AI companies, there's zero incentive for me to participate in open source.

        Even OSI's cuck licenses are being cucked beyond reason. I didn't think that was possible.

    • rglover 19 minutes ago
      > But does that mean are they breaking federal law or unconstitutional?

      I'd argue they break the fourth amendment:

      > The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      What are "unreasonable searches" if not being under "indiscriminate mass surveillance?"

      • joshheitzman 2 minutes ago
        The US constitution is silent on surveillance. I seriously doubt anyone from the 1700s would consider watching people in public spaces to be a search. Automating watching people doesn't seem like it transforms watching into to a search either.
      • charcircuit 5 minutes ago
        >What are "unreasonable searches" if not being under "indiscriminate mass surveillance?"

        A police officer randomly entering your house and going through all of your belongings.

        Indiscriminately searching a larger number of people is not necessarily unreasonable. Take for example the TSA at airports where you have to searched to enter and the airpots have a ton of cameras recording every single person there.

    • helterskelter2 40 minutes ago
      We never had Flock before, it's possible that some legal principles will be reexamined and reinterpreted because they were made around prior assumptions which have been upended by new technology. Who knows, maybe Congress will legislate something.
    • windexh8er 30 minutes ago
      From others. Not mass surveillance by a private corporation.

      Otherwise maybe I'll just set up my own cameras in public locations. If the police want the data they can pay per minute of footage. I'll let them search for metadata and tell them if footage matches with no visibility to the footage until after payment. If they search for something and don't purchase but come back for it - it's then increased pricing. If this is all public space and we can all build these systems because there's no expectation of privacy then all is fair in access to public right of way along roads.

      • hackyhacky 1 minute ago
        > Not mass surveillance by a private corporation.

        When that corporation is performing contracted work for the government, they act as the government's agent, making them subject to the same restrictions regarding civil rights as the government itself.

      • kraken_cult 28 minutes ago
        If someone set up their own camera and analytics platform outside of politicians and police officers homes and places of work, they would be taken down the next day. It's clearly biased towards people they see as not being able to fight back.
        • akerl_ 6 minutes ago
          Aren't politicians pretty routinely followed by people with cameras doing analysis on all their movements?

          Sure, if you strapped a camera to a light post without permission, I'd expect it to be taken down. The same way I can put a Ring camera on my door but I can't strap one to the traffic sign on my street.

    • Waterluvian 42 minutes ago
      I’m no American but isn’t it a 4th Amendment issue, and the problem is how the various local, state, federal governments are using a private contractor (Flock) to do an end run around this by pretending that it’s no different from any private citizen recording another in a public space?
      • LPisGood 41 minutes ago
        This has been allowed generally in US courts, to use private companies to collect data, etc.
        • helterskelter2 37 minutes ago
          There may be a solid legal argument that since Flock is operating hand in glove with the government that they effectively are the government within the context of 4A. IMHO, it's not out of the realm of possibility that courts reexamine the government's ability to buy up private data which they would normally be precluded from collecting, and establish limits on their ability to do so.
        • Waterluvian 39 minutes ago
          Is there a whole thing in the U.S. where it’s a no no with regards to cell data without a warrant? This feels like that.

          (bear with me, this all comes from random podcasting over the past decade)

          • akerl_ 1 minute ago
            "It's complicated."

            Cell phones are kinda weird because they carry some of the elements that were built up around hardline phones (similar to how physical mail has a ton of protections that accumulated historically that make it distinct from other mediums).

            This one generally gets treated legally more like any other data collection in a public space. Essentially, it's not a violation of your rights if somebody sits on a street corner and takes a picture of every car that drives by. There's a really interesting debate about whether there should be some concept of scale (Flock makes it really easy to effectively put somebody on every street corner), but the law generally hasn't changed to take that kind of thing into consideration.

            You can see the same kind of thing in many of the AI training debates. Training AIs on bulk data has been found in a couple different cases to not be copyright infringement because they're drawing parallels to any other learning, even if the scale here is obviously several orders of magnitude apart from what was ever possible before.

            For what it's worth: if I own a business in the US and have a camera pointed at the street, and the police ask me for footage, I don't need to require a subpoena. I can just choose to give it to them.

          • ranger_danger 3 minutes ago
            My understanding is they can get a current location with just a subpoena (not a warrant) already, but looking at a history of past locations to watch their movements constitutes a Fourth Amendment search requiring a warrant and probable cause.
        • StanislavPetrov 27 minutes ago
          When a "private company" is using public land and public money to set up their surveillance devices, it is no longer private.
          • SAI_Peregrinus 4 minutes ago
            And when it only sells to government customers.
      • z3c0 27 minutes ago
        "Digital effects" have always been a grey area for unreasonable search-and-seizure. This was an infamous moment for the late Antonin Scalia, who, iirc, argued that the constistution couldn't reasonably be addressing this matter, as the Founding Fathers had no concept of digital effects when defining "documents and effects".
    • iAMkenough 6 minutes ago
      If indiscriminate mass surveillance is legal, should it continue to be?

      What is America's history with tyranny?

    • moralestapia 36 minutes ago
      No expectation of privacy does not mean you can follow someone around all day and keep a log of what they do, which is essentially what this thing does.

      Over the course of a days/weeks, the places one visits, roads you drive on, etc. those things should definitely be private.

      • joshheitzman 21 minutes ago
        Isn't that exactly what a stakeout is? Or an undercover operation?

        I didn't search for undercover, but I can find nothing about a warrant being required for a stakeout in the US (and numerous results saying no warrant is required).

      • satvikpendem 23 minutes ago
        Isn't that what paparazzi do already? Seems like you can do that.
      • Dma54rhs 10 minutes ago
        Why doesn't it mean that?
    • doctorpangloss 23 minutes ago
      The moral of the story is, if you want to make a mass surveillance tool that tracks your every movement and collects all of your most sensitive communications, make sure it has a great camera, a bright large screen and day long battery life.
    • saghm 30 minutes ago
      I think you're greatly oversimplifying what courts have actually ruled on this over the years. Off the top of my head, the Supreme Court explicitly ruled that wiretapping a public pay phone in a booth is unconstitutional[1], and rulings from lower courts on using Stingrays without warrants are a mixed bag[2]. I don't think there's anything close to a broad precedent that the right to privacy evaporates the moment you go out in public.

      [1]: https://en.wikipedia.org/wiki/Katz_v._United_States [2]: https://en.wikipedia.org/wiki/Stingray_use_in_United_States_...

  • hypfer 55 minutes ago
    > The deputy then used the woman’s travel history in Flock as part of the justification for searching her car, where he allegedly discovered 91 pounds of meth.

    That sentence does make this less of a win tbh, given that with it, it's just an actual example of the technology doing the job it is supposed to do.

    Like this, it's almost a trojan horse of something pretending to be PR for A, but actually being effective PR for B.

    • saghm 41 minutes ago
      The point it's not just people with 91 pounds of meth who are getting tracked; it does what it's "supposed to" by treating everyone as a suspected criminal. An exterminator who blows up your house to get rid of termites still gets rid of the termites, but that doesn't make it a good solution.
    • nkrisc 8 minutes ago
      I find it concerning that your recorded movements by mass surveillance devices can be used as justification subject you to a search.
    • ACCount39 9 minutes ago
      A major issue with surveillance tech like this is that it actually works.

      It does what it's advertised to do: it lets the police track and catch criminals easier.

      This is especially meaningful in cases of crimes where either the information availability or the effort of tracking the criminal down often make enforcement prohibitive.

      If Flock had better PR people, they'd have no shortage of shoplifters, joyriders, car window smashers, porch poachers, carjackers and drug mules that were caught using their tech to parade around.

      It's just that this benefit comes at the cost of privacy being diminished for everyone.

    • JumpCrisscross 48 minutes ago
      91 pounds? That’s 2 million doses at 20 mg/dose [1].

      [1] https://dancesafe.org/speed/

      • KingMachiavelli 34 minutes ago
        That’s more like a therapeutic/occasional recreation dose and habitual users consume it multiple times a day.

        A survey found that average daily consumption was 0.9g and median 0.35g.

        92lb=41.73 kg = 41730g / 0.9g / 365 =127.032 average-user-years. Or basically a month’s supply for a small town.

        Like most consumption, the top 10% easily account for >80% of total consumption.

      • NDlurker 40 minutes ago
        That's less than $130,000 worth of product. It's a lot, but not crazy
      • junofan 33 minutes ago
        A gram a day is more typical [1].

        Still, that’s a lot to be tailgating like this lady was as shown in the court filing. Also, “[the arresting officer] told another officer that he ‘could see her carotid artery in my car. That thing was about to pop out of her neck.’”

        Sounds like some wild decisions were being made.

        [1]: https://pubmed.ncbi.nlm.nih.gov/40385390/

    • newspaper1 9 minutes ago
      I don't think rolling out mass surveillance to get some meth is a "win". How many innocent people were tracked by the same cameras used to track this single woman?
  • alexnewman 5 minutes ago
    I think i'm like the last person who's still defending flock. This is as a result of living with very small women for years who were constantly attacked in the streets. This basically ended with surveillance. That being said, I would prefer actual police on every block with crime.
  • moralestapia 38 minutes ago
    That's exactly what it is. Great news.

    I don't think we can backtrack at this point but at least it should be heavily regulated and restricted (i.e. only run queries if there's a court order, etc).

  • charcircuit 35 minutes ago
    What you do on public roads is public.

    The idea that law enforcement tapping into existing law enforcement knowledge constitutes as a search of "persons, houses, papers, and effects" does not logically follow for me. It is a search of law enforcements own property.

    • slowin 13 minutes ago
      > It is a search of law enforcements own property.

      The roads are not law enforcement's property and my private car on a public road is private property that requires a warrant to search. These things should be totally banned, but even your argument is wrong since Flocks don't mask just the road, they record everything in their field of view.

    • nkrisc 7 minutes ago
      It’s public, but that does not necessarily imply that I will be surveilled at all times by the state while out in public.
  • qwe----3 57 minutes ago
    TBH the words of an individual judge shouldn't mean too much now -> they are obviously very political judges now.
    • saghm 38 minutes ago
      Judges have a pretty direct role in whether or not Flock is able to be used effectively (e.g. the article's example of one granting a search warrant based on the data from it). The views of judges on Flock unequivocally do matter in our current system regardless of how their opinions are formed.
      • Madmallard 18 minutes ago
        ? Flock is like one of many surveillance systems being installed in place.

        The people in power are just circumventing everything on a whim to get what they want.

        • saghm 11 minutes ago
          That's an entirely different claim than the one I responded to. If you don't think that judges matter at all, why are you not disagreeing with the parent comment that claimed that the issue is that judges are too political?
    • JumpCrisscross 47 minutes ago
      > they are obviously very political judges now

      They are—since 2000 Presidents have appointed more polarized judges [1]. (The broader trend began in 1975 [2].) But they’re just as powerful.

      [1] https://www.nber.org/papers/w32920

      [2] https://news.northwestern.edu/stories/2022/04/political-pola...