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points by unethical_ban 1 day ago | 0 comments
I agree with your second paragraph, but disagree with the first.

Society and its laws have been built around the central idea of selective enforcement. We have all manor of laws on the books that are created with the assumption that they cannot or will not be enforced perfectly.

The spy powers of our governments have always been assumed to be limited - that if they choose to invasively track a person, it would take limited human resources and that would naturally limit their capacity (in theory) to those who the government truly deems a concern.

Omnipresent surveillance that can record and analyze and correlate every citizen's movements and behavior at all times is inherently totalitarian and anti-freedom. It is a power the government should not be allowed to have, period.

[–] austin-cheney 1 day ago
So, what are the harms? This is the very first question that comes up in any form of judicial review. If there exists vast increases of surveillance and law enforcement is forbidden from using it is there still a harm? There absolutely could be, but that is what must be addressed to provide the proper regulation.

The forth amendment is not modified merely because the technology evolves. This is the kind of thing defense lawyers look for. To permit evolving technology to be used as evidence in violation of privacy generally requires new law.

[–] unethical_ban 1 day ago
We might be talking past each other. You're talking purely legal interpretation, I'm talking society and philosophy.

My point is that government cannot be trusted to have this kind of power because it will at some point be turned against the population when dissent threatens the people holding power; it is inevitable. The least we should do is make laws strictly controlling access and purpose of access to such tools for criminal investigations, but I don't think that's enough to stop abuse and civil oppression.