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Comment Re:Governments don't have the right (Score 0) 132

The act of surveilling someone is a form of search (Carpenter v. United States (2018)

You are incorrect. What the Carpenter determined, was not about generally "surveilling", but the particular act of requesting historical cell-site location records from wireless carriers.

The Court's majority did rule, that the 4th Amendment protects reasonable expectation of privacy, and the collection of the particular records violated this. But not in general case. What's between your cellphone and the cell-tower can be expected — reasonably to stay private. (Though personally I disagree even with that — anyone carrying an active radio should not expect it to be unnoticed.) But a visible presence in public — detectable by unaided human senses — definitely not. Police have tailed suspects for as long as law enforcement existed — and Bill of Rights' authors certainly knew about the practice existence — and there is nothing wrong about it.

Further, they didn't extend the "third-party doctrine" to the particular case of cell-site records, but they didn't repudiate it completely either.

While the average citizen is allowed to record anything they see in public [...] When the government does it, it is considered a breach of an individuals 4th amendment rights

Nope, it does not — not per Carpenter. Maybe, that's how things should be — though I'm not certain even of that. But it is not, how they are. And the list of earlier court-decisions (which I already posted twice) — the Knotts in particular — shows it.

Further, I was not talking about "the average citizen" — I was talking about a police officer. If one can watch you — without a warrant — he can also record you.

Comment Re:For us non-metric countries (Score 0) 78

I just checked, and it's 2:17AM in Seoul. It's 86F with 85% humidity! Heat index is currently at 103F, at fucking 2AM.

That's just a middling summer day in New Orleans.

Bump that humidity up a bit and then you get closer to common average days here in summer.

Mind you, my AC turns on basically end of April and usually is on till first part of November.

Comment Re:Well gee wiz! (Score 1) 78

Do these structures have windows? If so, you can hang window units on them, or at the very least have floor units and vent out the window.

AC does not necessarily mean Central AC systems....geez.

The US has tons of old homes without central AC that sill have AC with portable units, or window units, etc.

This is not rocket surgery.

Comment Re:Governments don't have the right (Score 0) 132

I suppose if one were to ignore 250 years of constitutional law

What "Constitutional Law"? Citation needed. Needed so badly, I'll do it for you:

Katz v. United States, 389 U.S. 347 (1967)
Established the “reasonable expectation of privacy” test. The Court held that what a person knowingly exposes to the public is not protected by the Fourth Amendment, laying the foundation for warrantless visual observation of people in public places.
United States v. Knotts, 460 U.S. 276 (1983)
Held that police may use a beeper (tracking device) to follow a vehicle on public roads without a warrant. A person traveling on public thoroughfares has no reasonable expectation of privacy in their movements from one place to another; visual surveillance (or technological aids that merely enhance it) is not a Fourth Amendment “search.”
United States v. Jones, 565 U.S. 400 (2012)
While ruling that prolonged GPS tracking of a vehicle constitutes a search requiring a warrant (because of the physical attachment of the device), the Court reaffirmed that short-term visual or technological monitoring of movements on public roads remains permissible without a warrant under the principles of Knotts.

Oh, wait...

Comment Re:Governments don't have the right (Score 0) 132

people shouldn't have a government that follows their every step by using AI and networked devices

Maybe, we should not, but there is not law prohibiting government to do this.

AI may be new, but the problem is not, and courts have repeatedly reaffirmed government's right to surveil us in public without any warrants (list courtesy of Grok). The second item — known as Knotts — is particularly telling...

Katz v. United States, 389 U.S. 347 (1967)
Established the “reasonable expectation of privacy” test. The Court held that what a person knowingly exposes to the public is not protected by the Fourth Amendment, laying the foundation for warrantless visual observation of people in public places.
United States v. Knotts, 460 U.S. 276 (1983)
Held that police may use a beeper (tracking device) to follow a vehicle on public roads without a warrant. A person traveling on public thoroughfares has no reasonable expectation of privacy in their movements from one place to another; visual surveillance (or technological aids that merely enhance it) is not a Fourth Amendment “search.”
United States v. Jones, 565 U.S. 400 (2012)
While ruling that prolonged GPS tracking of a vehicle constitutes a search requiring a warrant (because of the physical attachment of the device), the Court reaffirmed that short-term visual or technological monitoring of movements on public roads remains permissible without a warrant under the principles of Knotts.

Besides, how can the 4th Amendment include cameras, which didn't exist in the 18th century, if the 2nd doesn't protect "assault rifles"? :-)

Comment Re:Governments don't have the right (Score 1) 132

Usage of Flock cameras is almost certainly a violation of the 4th amendment.

It most definitely is not. The actual text of the Amendment, for your benefit:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

The camera is not peering into your pockets, or windows. It is only looking at what's publicly visible...

Very simple, obvious, common-sense argument: whatever a human policeman can see and memorize, an electronic device can record too.

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