Somewhere along the way, tech stopped asking questions like that, and now, people are hostile to the suggestion that the question should be asked.
[–] EPWN3D 2 days ago
[–] taurath 2 days ago
This is literally the definition of a police dragnet.
[–] slg 2 days ago
If we're doing the whole "the other team get to play lawyer too" thing, your logic can become dangerous when applied to other issues. For example, almost no one had the ability to protect their communication and personal files from warrants when the laws regarding that sort of thing were written and computers have now made that trivial. Would people here treat that as a valid argument against end-to-end encryption?
[–] simoncion 2 days ago
Pardon? We know that encryption was used at least as far back as the days of Julius Caesar. [0] Clever kids and adults have almost certainly been making their own ciphers since the invention of written language, and their own conlangs since the invention of verbal language.
I expect that -in the US- one could not be compelled to provide the decryption methods for one's papers and journals to the cops back in the 1700s just like cannot be compelled to provide one's passphrase to decrypt one's encrypted data today. Both are really obviously testimony, which cannot be legally compelled. [1]
[0] <https://en.wikipedia.org/wiki/Caesar_cipher>
[1] ...abuse of contempt of court charges notwithstanding...
[–] slg 2 days ago
[–] cucumber3732842 2 days ago
[–] simoncion 2 days ago
Nope! These methods were available to everyone who was literate as well as anyone who either maintained oral traditions describing how to perform them or just decided to make up a language for fun. Maybe you're forgetting that our ancestors were generally just as smart as we are today.
> The original point was about scale and the scale (and strength) of encryption available today was not possible for most people until the advent of computers.
This is completely irrelevant. Why? Cops have access to computers that can brute-force most everyday ciphers that would have been cooked up in the 1700s. The just outcome is for non-cops to have access to those same computers to create and use ciphers that restore the ability to keep one's private communications safe from the eyes of the police back to what it was hundreds of years ago.
This just outcome is -incidentally- what we have today because of a lot of tireless, difficult, thankless, ongoing work by some absolute heroes starting most visibly in the 1990s and continuing through today.
As a bonus, none of this has anything to do with the establishment of dragnet surveillance systems built and operated by private companies that are defacto acting as agents of The State. Dragnet surveillance is -at minimum- plainly antisocial and has no place in any civil society.
EPN3D's point stands despite your complaints: the only reason that the illegality of these dragnet surveillance systems wasn't immediately obvious to the courts is because the US Constitution doesn't explicitly mention that courts must always consider the expanded scale of what enhanced technology makes possible, so courts are very slow to incorporate it into their decision making process. Judges and lawyers rely heavily on tradition, so this slowness is only natural.
[–] slg 2 days ago
That's why it works as an analogy to mass surveillance. Surveillance was always possible, but now it is scaled up so a much higher percentage of our activity is surveilled. The commonality is that computers made these two things much easier to do. The purpose of my comment was to show that's not inherently good or bad by showing one example of when that's viewed as good and another when it's viewed as bad.
[–] joshAg 2 days ago
> We're left to hope that courts agree that just because something is okay for one police officer in one place to do, that doesn't mean the police department can perform that same task a thousand times in a thousand places with a thousand machines and still have it be okay.
There are multiple court cases that have done this exactly this. Carpenter v. United States and Chatrie v. United States are the ones you want.
[–] nostrademons 2 days ago
We've had certain areas of technology get 5-6 orders of magnitude more efficient, which shifts the bottlenecks and introduces new possible abuses. Government hasn't caught up. The last time this happened (with the industrial revolution), we had 3 major waves of wars between 1861-1945 that finally refactored the governments of the world into a working state. I'm hoping this time around can be less bloody, but I don't have very high hopes.
[–] nilamo 2 days ago
Or did Law and Order lie to us?
[–] treetalker 2 days ago
Since you mentioned secondhand information, I think you might be thinking of hearsay.
[–] nilamo 2 days ago
[–] cogman10 2 days ago
[–] treetalker 2 days ago
[–] hnlmorg 2 days ago
Maybe this is me being naive?
[–] HWR_14 2 days ago
[–] s1artibartfast 2 days ago
Your fingerprint at a crime scene or DNA on a victim is circumstantial evidence. It is weaker evidence in court than hard evidence, but still valid.
This circumstantial evidence is more than sufficient to search your house or car and find a body (hard evidence).
[–] cogman10 2 days ago
For criminal law, prosecutors have to prove beyond reasonable doubt. If they have a gun, search history for "how to kill someone and get away with it", blood in their car, and someone that's been missing for an extended period of time. They can and have gotten convictions based on that. Hans Reiser was convicted under pretty much those circumstances.
[–] dTal 2 days ago
[–] dualvariable 2 days ago
[–] freeone3000 2 days ago
[–] hamburglar 2 days ago
[–] zetanor 2 days ago
I think it's more about abstraction. If someone is standing on the street corner taking down your plate number, you know they're likely up to no good. If there's a camera on the street corner, it may bother me, but the vast majority of people just go "eh".
[–] gambiting 2 days ago
[–] R1D3R 2 days ago
[–] HWR_14 2 days ago
[–] fluidcruft 2 days ago
[–] calvinmorrison 2 days ago
[–] NoGravitas 2 days ago
Arguably, a lot of the modern tech industry is built on this. AirBnB to sidestep hotel regulations. Uber to sidestep taxi regulations. There's a bit of "this is legal because a private company is doing it and not the government", too.
[–] Sharlin 2 days ago
[–] nostrademons 2 days ago
They're taking advantage of the same misfeature of our justice system that is being discussed here, notably that it's all based on individual personal responsibility and scales very poorly to lawbreaking at scale or cases where the negative outcome had many people responsible for it.
Corporate execs use this frequently to legitimize atrocious conduct. Have a pesky law (like the Freedom of Information Act requests that were discussed here yesterday) that you want to ensure is not complied with? Create a team whose job is compliance, but underfund them by a factor of 100, so that there is no possible way they can catch and address all of their legal obligations. The exec created a relevant team and delegated responsibility, so they're in the clear. The individual workers are falling down on the job and not responding to requests fast enough, but they're also falling down on the job and doing the best they can, so at worst they should get a bad performance review and no raise, they can't be held criminally liable. The people trying to get the law enforced are just outta luck, because it's another unfunded mandate and they don't hold the budget strings.
Or consider the case of cheating on emissions standards. No executive will tell their engineers "You should cheat on these" - that would be a crime, right? But instead, they might take the 20 or so employees that have the biggest disrespect for rules. And then they give each of them a small team and a budget, and have the teams compete to create the best engine on a variety of metrics that are important to customers, but notably not the emissions standards, because it goes without saying that everyone is going to follow the law, right? Then inevitably one of those teams will win and there's a good chance that it's one that cheated on emissions, but of course the exec had no knowledge of that and the team lead in question has been fired.
[–] ipdashc 2 days ago
[–] asveikau 2 days ago
Folks who were on here praising Uber or Airbnb for skirting the law 10 years ago, this was part of the problem.
[–] xp84 2 days ago
I do have some sympathy for the cab drivers who used to be able to earn a better living, but the only reason that was possible is that city government gave them a sweetheart deal, which isn’t fair. It makes exactly as much sense as having barber medallions or pharmacist medallions. If they had those, it might cost $85 for a basic haircut, and pharmacist and barber medallion owners might make a ton of money (remember, you can rent out medallions, so they became investment vehicles), but those are prices we’d all be paying for.
Regulations that just pick winners and losers, making most of us the losers, are stupid - and should be loopholed-around if it’s possible.
[–] mrguyorama 2 days ago
My area had no taxi medallion laws or system.
That's part of the problem. The excuses were always bullshit made up from generalizations of local problems. Uber wasn't needed to "Bust the taxi monopoly" because in most places there was no taxi monopoly, at least, not until Uber showed up and made one.
The excuse was never meant to be actually valid though. It was always just a simple "gotcha" that could be employed as a thought terminating cliche by people who had already made up their mind on which outcome they wanted.
[–] xp84 2 days ago
Anyway, isn’t that a good thing for those areas? I think a lot of people just didn’t have any convenient way to get around besides walking or waiting an hour for a very infrequent bus.
[1] (I was going to say “couldn’t get a medallion,” but since they were rentable and thus served as investment vehicles, it’s really just a matter of not being willing to pay the price those things commanded on the market)
[–] cogman10 2 days ago
I don't really agree. I think HN is particularly hostile to the likes of Flock cameras and other surveillance companies like Palantir.
But it's undeniable that spying on people along with other war/defense spending is very lucrative as governments love intel. All it takes is to be an amoral fonder to pitch to the amoral investors. It's a particularly easy pitch as well "We'll charge governments a lot of money and they'll happily pay because they love spying on their citizens".
[–] jacquesm 2 days ago
[–] cogman10 2 days ago
[–] jacquesm 2 days ago
One of the application questions for YC used to be (maybe still is) 'What is your HN username?'
[–] quantified 2 days ago
[–] psunavy03 2 days ago
There are also loads of caveats about whether or not intelligence information can be used in prosecutions of US persons, again for very good reasons. The idea that the NSA or CIA is magically spying on all of America is a tinfoil-hatted myth.
"War/defense spending" != "law enforcement spending" and if you conflate these, you're either being ignorant or deliberately disingenuous.
[–] Eji1700 2 days ago
This has literally been defining the modern age since the 2000's or earlier. Basically every law that ever existed about targeting ads towards children has been WILDLY ignored (to everyone's profit) because of it.
[–] ajsnigrutin 2 days ago
Look at all the anti CSAM laws... "hey, we'll scan all the mail you get and send, and well check all your photo frames in your houses, just in case you have pedo stuff there".
Or the different chat control laws... "well put a mic on you and listen to every conversation, just in case you talk about something illegal".
Then you have the people defending this with "ok, that might be bad, but metadata is just metadata"... sure, every time you go to a bar, we'll record when you came inside, who you sat with, and record how much you talked with each person there.
[–] taurath 2 days ago
[–] philipallstar 2 days ago
People never stopped asking this sort of thing, and you can find some people who are hostile to anything. 'Twas ever thus. Constructing a cherry-picked, wistful narrative is not very helpful.
[–] fluidcruft 2 days ago
[–] psadauskas 2 days ago
> Therefore a computer must never make a management decision
We know why it's different of course: scale. But there was never a general principle about scale and automation articulated in the Constitution because it just wasn't a thing to worry about in the 1700s.
We're left to hope that courts agree that just because something is okay for one police officer in one place to do, that doesn't mean the police department can perform that same task a thousand times in a thousand places with a thousand machines and still have it be okay.