Comment Re: Oh Noes! (Score 1) 56
What use is the constitution then if the government just has to hire a private entity to do the things the constitution blocks?
Good point. It's something that really should be addressed. But the Constitution was designed as a limit solely on the government's powers, and it's up to the government as described in the Constitution to write laws that restrict what private entities can do, within the bounds of their enforcement powers as provided by the Constitution.
This isn't a new problem. After Snowden, the US realized they could pretty much just outsource the NSA's spying. And they have.
And the other thing is: none of this is really relevant. There's nothing unconstitutional about sitting in a public space and recording the license plate of every car that passes. There's nothing unconstitutional about building a network of people doing that and storing it in a giant database. It was just infeasible to have a bunch of people doing that. Now it can be automated.
There's nothing unconstitutional about compiling data about people that people agree to hand over as part of the license agreement for using a thing. Once that information is owned by a private entity, there's nothing unconstitutional about the government buying it from that private entity. It's just the government receiving data that was either generated in a public setting or that was willing given in a private setting. (At least, legally. I doubt most people realize how much data on their lives companies collect, and I doubt most people realize they agreed to hand it over.)
Maybe handing over data collected in this fashion should be against the law. Maybe there should be privacy laws preventing it from being gathered in the first place. But there aren't, and neither party is interested in changing that. Which leaves us with the reality that nothing Flock was doing is illegal, and that the replacement systems localities are using aren't illegal either.