Privacy Rant, Technology and Law Enforcement

This morning on NPR's "Morning Edition" I heard two stories that spoke of "Privacy Concerns."

The first of these related to alcohol sensitive flashlights and the second to traffic cameras. The flashlights are alcohol vapor sensitive and are used by Police in some areas, the traffic cameras are of course the "take a picture and mail you a ticket" variety.

In both cases opponents argue against these devices because of alleged "privacy" issues. That is a load of crap. These are personal responsibility issues, not privacy issues.

In the case of the traffic cameras, specifically red light traffic cameras, a woman in San Diego is suing the city and claiming privacy violation. Granted there are issues with these cameras if they are setup, maintained, audited, funded and then provide funds to private companies, thats a problem that should be addressed (private companies can certainly be guaranteed a minumum revenue by the city in turn for equipment, etc, but they should not get a direct portion of each ticket and should not alone audit the devices, that is too much of a conflict and too much of a temptation for abuse.) However that problem does not have anything to do with the validity of the cameras as a whole and or with privacy. The woman and her attorney have provided excuse after excuse and not ONCE have they claimed she DID NOT RUN THE LIGHT. The point is, if you dont want a ticket, then dont run the light. A public intersection affects everyones rights and is PUBLIC. What the hell is the problem with having a camera at a light? People whom are opposed to such measures are plain and simple planning on breaking the law in some capacity and want impunity from the consequences. This has nothing to do with privacy. Its a picture of you, its a picture of a public intersection and a light, and its a picture of you running the light. HELLO, YOU GET A TICKET! The attorney actually stated that placing the integrity of the camera above that of a human motorist was wrong. That too is a bunch of crap. Cameras are central to many court cases and to even hint that the integrity of a camera is in question is ridiculous (unless of course some tampering is expected.) Cameras capture reality, people dont.

As to the flashlights. Again, hogwash, but a senator in Wisconsin wants to ban their usage. He claims that perfume or some other substance will set the off and unfairly target innocent citizens. He claims "privacy" infringement. This is full of holes. Cops can ascertain the difference between perfume and alcohol, and the flashlight is just an indicator. Once suspected the same sobriety tests including blood and breath apply. No one is ever convicted by a flashlight. Perfume, another lame excuse to avoid responsibility for a crime.

I am not anti-privacy. However, I think in any situation the good of everyone should be considered and weighed against personal privacy rights in public places. No cops are coming into your home with flashlights and cameras, that is wrong, that would be an invasion of privacy (unless they have reasonable cause and a warrant of course.) All too often privacy is simply used as an excuse to not allow sound technology to be employed in law enforcement. Will the camera take a picture and send you a ticket if you DONT run the light, NO! The issue is personal responsibility and public safety. Running lights and driving drunk are certainly serious enough offenses that more measures should be taken and both of these are perfectly sound and reasonable measures. Those who oppose this are again, simply pissed that they will actually have to obey laws even when they dont see a cop. Is a cops eyeball a privacy infringement? Get over it and if you dont want tickets, arrests, problems, then dont break the law (and if you disagree with certain laws then use the system to oppose and change them.)

This is an issue that more people need to rally around. Technological devices could make our society considerably safer. Statistics and pychological studies show that MOST people are motivated by what they can get away with, not what is the right thing to do. These types of technology are essential and there are absolutely no valid reasons not to employ them.   Morning Edition 07.05.2001: NPR

Comments

Re: Privacy Rant, Technology and Law Enforcement

AMEN!!!

Sorry, these people talking about privacy, even in the local Atlanta media don't know what they are talking about. The movement of your vehicle on a public street is not private information nor is there any reasonable expectation of privacy when talking to a police officer or, heaven forbid, running a red light. Yes, this extends the ability of the police to enforce the laws, but it doesn't give them any more power than they would have were there a cop eating doughnuts on the corner where you just ran the light.

With things like Carnivore and passive thermal imagine of your home out there, there are plenty of areas where there is a reasonable expectation of privacy that these idiots let the government tromp all over, because they have been distracte by the "hey-look-over-here" slight of hand getting a traffic ticket is providing.

Re: Privacy Rant, Technology and Law Enforcement

I don't usually do this, but.....

Me Too!

I'm a huge fan of "if you don't wanna get caught, don't do it." Like the fellers said, a lot of the folks out there base what they do on the likelihood they'll get caught, not public (or even their own,) safety.
Other day, I'm at a light. There's probably fifty cars in the eight possible directions (cardinals + left turns) These jackasses next to me just take off during his (our) red light straight into oncoming, left-turning traffic. WTF? would've loved to been the camera operator on that one!

Re: Privacy Rant, Technology and Law Enforcement

Well, looks like I am going to have to buck the trend and disagree with Charlie on this one. Several points are to follow...

1 - Yea, you are actually right about the traffic cameras. I mean, the only possible way these things can take a picture of you is if you are breaking the law and running a red light. Don't like it? Tough @!#$. But if you want to talk about the real privacy issue, read about the cameras they have set up in Tampa Bay. They place cameras on the street that capture the face of everyone that walks by them then crosschecks them with outstanding warrants. This is a problem because it isn't just capturing the images of light-running scofflaws, but everyday people - and recording where they were, when they were there, who they were with, etc, etc, etc. Wave to big brother the next time you are in Tampa.

2 - While these alcohol-flashlights are no doubt useful for easy detection of drunks, I believe they violate the spirit - if not the letter - of alcohol laws. Fundamentally, the reason why we have alcohol laws is to protect the sober public from the danger that drunk people potentially pose, NOT to repremand people for their poor evening beverage choice. For instance, if I have had too much to drink one night and decide to walk back to my dorm instead of taking my car back, and I manage to make it home without jaywalking, vandalising something, urinating behind the 7-11, etc...I should be free from criminal prosecution. However, if an officer can flash me from 200 yards away and detect alcohol on my breath, he can make an arrest even if I haven't broken any laws other than being over the legal BAC limit. While I suppose this is legal, it seems to be using a means as an end. As in - creating a legal limit for alcohol was a means to make an arrest in the event that someone is posing a threat to the public. In this case, it stands on its own as the sole arresting factor. Why don't the cops just stand outside the door of a nightclub and flash everyone coming out? What happens is we take laws that were meant to protect the public and apply them to unanimously crack down on drinking - a constitutionally protected action. Isn't it "I have rights until I infringe on others rights"? So if I am drinking and keeping to myself, I have the fundamental right to be protected from arrest and even discovery.

While some technology certainly can and is being used to make our streets safer and even protect our privacy, the things mentioned above are just a few ways I think our government is slowly usurping our rights to live as private citizens. I dunno, tell me what you think.

Re: Privacy Rant, Technology and Law Enforcement

The Tampa Thing. (see how important it is, I capitalized it.) Anyway, how is this really different than the 7-11 or bank ATM camera's pointing at you all of the time? The big difference that I see is that, instead of a private company protecting their assets, it is the gov't trying to get the scofflaws off the street. I may be understating it, but to me this is similar to Ga's fingerprinting when getting a drivers license. So what? I am a mostly law abiding citizen. If I ever go into an OJ rage, I will have to try and remember gloves that don't fit right. If the cops are after me and suspect that I am in the downtown area, it is perfectly plausible to me that they would look at the footage from the local ATM cameras. (At least I would if I was a cop looking for me.) The only difference that they have built a system that makes this a lot easier. Yeah, it can tattle on me, but so can the other countless cameras out there that are in the control of Private Corps. At least with the Gov't we got a snowball's chance in hell of monitoring it.

Your second point is well taken, but I think that that is more of a 'usage' problem than the technology problem. That can happen with anything by anyone. Yeah, the cop could shine his light on you and come down on you, but a cop can tailgate you and get you for speeding too. It comes down to the checks and balances of the courts, IA, etc. If it becomes allowed for cops to shine lights 200 yds away and go give you a ticket, I'd say that there'd be a nice little uprising, and people do have the power to pass laws affecting this type of thing.

just my $.02. Actually, I guess this makes it $.04.

Re: Privacy Rant, Technology and Law Enforcement

> Anyway, how is this really different than the 7-11 or bank
> ATM camera's pointing at you all of the time?

The difference is that at the ATM or the gas station, the tapes are kept for a while and never watched unless there was a burglary or if the cops ask for them. With the govt cameras, the tapes are scrutinized, faces are scanned and matched with identities, peoples whereabouts are documented in a database.

> this is similar to Ga's fingerprinting when getting a drivers
> license. So what? I am a mostly law abiding citizen. If I
> ever go into an OJ rage, I will have to try and remember
> gloves that don't fit right.

There is a fundamental difference between this and fingerprinting at the DMV and cameras on the street. It is a difference of identification and observation. Fingerprinting has the sole purpose of identification and would be completely impractical as a means of surveilance (imagine going to the corner of Pharr and Peachtree dusting for prints just to see who was there that night). The only time prints become useful is at the scene of a crime, and then it is justified because you are getting the fingerprints of a criminal (same theory why red light cameras are okay). The cameras, however, do more than just identify someone. They record time, date, location, etc. and store it all in a database. This is clearly a different issue than fingerprinting and should not be discussed jointly.

> The only difference that they have built a system
> that makes this a lot easier. Yeah, it can tattle on me, but
> so can the other countless cameras out there that are in the
> control of Private Corps. At least with the Gov't we got a
> snowball's chance in hell of monitoring it.

I see it a bit differently. The private corporations might not have to show you the tapes, but they have a lot less power than the govt (i.e. they can't put you in jail). Yo

> Your second point is well taken, but I think that that is
> more of a 'usage' problem than the technology problem.

I think everything we are talking about is a problem of usage and not technology. Technology has neutral moral worth...the people who implement the technology add a layer of morality to it. Look at nuclear energy, genetic engineering, and even the cameras and the alcohol flashlights...one person can use this technology to accomplish great good on earth, while another can use it for great evil. That is the paradoxical nature of new technology.

> I'd say that there'd be a nice little uprising, and
> people do have the power to pass laws affecting this type of
> thing.

You are absolutely right. I am not so jaded as to think that we can change things in government. If enough people become tired of these new technologies, then they will probably go away. I guess that is the safety net of democracy. However, I am just afriad that these technologies can slip under the radar screen (two BIG examples are Carnivore and Echelon). If people don't get involved and voice their opinions about these things, then we are all screwed.

Re: Privacy Rant, Technology and Law Enforcement

OK, points well taken. But even you as a dissenter sound as though you recognize the problems that law enforcement face and that you recognize that technology can be of assistance.

As to the "Tampa Thing", you know what, I understand your point of view, but I disagree. I was just in Tampa this past weekend and I am all for safe street corners. People respond INSTANTLY to cameras. They straighten up. I walked all over Tampa, crossed many corners, some even a bit intoxicated (Ybor City) and didnt have a problem. Good for "Big Brother", if I am not breaking the law then there is no issue. Who cares if the government knows where I am, I dont even care if they know that all the time. I think we have a lot of issues with our current justice and political systems whereby someone could be incorrectly singled out for a crime and I think this would simply greatly HELP that rather than cause some erroneous false prosecution by some unknown big brother government agency. Again, SO WHAT if they take a picture, identify it and then store it in a database? Great, they should also have my DNA on file, they should have DNA for everyone alive. All of this would SOLVE thousands more problems than it would cause.

And as for flashlights. I say hell yeah to them too! As in your analogy, if you are walking down the street and dont vandalize anything, etc, then you have DONE NOTHING WRONG. The cops wont bother you. I have walked down many a street a bit inebriated with no problem. As far as I know there is no walking limit. Albeit, the second you vandalize something, punch somebody in the face, steal something, etc, then you have a problem.

It all comes down to so what if they know exactly where I am and what I am doing? That being said, I do believe we have problems socially and politically that "hamper" my view and cause issues with my approach. I believe that many socially unacceptable things such as drugs and consensual sex between adults (even with money involved) should be LEGAL, and that the police should stick to crimes where a victim is not the main participant in the so called "crime." Dont get me started on making the use of euphoriants illegal, people have used euphoriants for literally MILLIONS of years (yep, with an M) and they always will. We need better education, better support, etc, but to declare a "war" on drugs and waste billions of dollars and seconds on "fighting" it is just plain stupid (and for the record, I dont use drugs, I rarely even take an aspirin, and I rarely drink, but I still think those who want to should be able to and that my tax dollas should not be wasted on trying to stop them.)

Re: Privacy Rant, Technology and Law Enforcement

So if I'm hanging out on an empty street corner in Tampa and decide rather than head to a bar for a Vodka on the rocks I want to smoke a joint - no one nearby to inhale 2nd hand smoke - not bothering anyone at all - but low and behold get busted by the cops from a video camera....

Sounds a lot like Big Brother to me... Maybe it all comes down to active vs. passive monitoring - because if someone mugged me on that same corner I would support using the video tape to find the bastard.

Re: Privacy Rant, Technology and Law Enforcement

> But even you as a dissenter sound as though you recognize the > problems that law enforcement face and that you recognize that > technology can be of assistance.

Absolutely! I guess this is the point I am trying to get at. Technology is ethically and politically blind. A machine or a piece of software has no inherent value. Only through application does it become useful and gain an ethical status (once again...genetic enineering, nuclear technology); that is where our problem arises. If cameras are used to make our city streets a just a bit safer, than I am all for that! My fear, however, is that with more cameras the potential for abuse becomes so much greater. If these cameras stop criminals, then why not put them on every street corner? Why not outside every house? Why not in your living room (ala 1984)? Do you see the potential for abuse here? I read an article recently talking about how the US Government used their "Echelon" radio espianoge network to spy on Japanese companies and then relay the information to their US competitors. What if the Tampa Bay government wanted to moniter and harrass someone who publishes a Communist newspaper? An abortion provider? A Wizard in the KKK? It becomes so much easier if they can track these peoples' every move.

Okay, so simple response, Charlie: I absolutely agree with you that if these new technologies are used sparingly to make our streets safer, it is a good thing. I guess I just want to make us cognizant of the flip side of the coin. Anything that has the potential to limit my - or anyones - ability to speak freely without fear of harassment or persecution should be viewed with a skeptical eye, and I just feel these cameras have that potential (I'll concede on the alcohol flashlight thing).

P.S. - Interesting article [url=http://24.94.156.250/newsstory.asp?storyname=2001/July/6/camera]here[/url] about how some Tampa Bay City Council Members are regretting their decision to vote for the cameras.

Re: Privacy Rant, Technology and Law Enforcement

this is really a reply to andy and turner.

you are both on the same track and both correct. my entire point is that technology is good.

as to whether or not you should be busted for smoking a join, having an abortion, or anything else, those are issues with our laws and our justice system, not with technology. (dont get me started on drugs, see my original article for a hint of my feelings on that.)

and andy, i would put cameras everywhere, ala 1984, again, what we need to fix is the system that allows the abuse, rather than discarding the cameras. of course inside someones home is a "private" place, but if they help, then you are absoultely right why not put them on every street corner?

RE: Privacy Rant, Technology and Law Enforcement

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