the problem is that usage of this system with enforcement is not law. Police Departments opt-in and are the ones responsible for whether or not individuals are charged, fired, or simply disciplined, and they also choose whether or not to disclose this to the public. and the other problem is that it's not just Flock - other companies are stepping in like Axon and Motorola and are essentially eating the cake that is Flock's recent public infamy [0]
and law enforcement skirting of accountability is essentially a legalized thing now under legal mechanisms like qualified immunity. not to mention the boy's club that are police unions - my FIL is a former sergeant and has many stories of how he was blackballed by his union because he wouldn't cover for bad cops to the extent that they were pursuing taking away his pension and insurance coverage until just a few years ago
[0] https://www.atlasofsurveillance.org/search?location=&technol...
Qualified immunity gets thrown around a lot, but it's not iron clad. Cops can still be prosecuted for behavior that is a constitutional violation and outside the scope of what a normal cop would consider reasonable.
The real reason cops face no accountability is 2 fold.
1. Prosecutors refuse to prosecute cops because they need a working relationship with the department.
2. Police unions make any sort of accountability nearly impossible to enforce as they stop all tracking of misdeeds. (As you touch on).
"Defund the police" was an unpopular slogan but it's what we should actually do. We should stop paying this criminal organization and instead do a different public policing structure. Ideally you don't have the same people responding to a domestic dispute as you have responding to a robbery. As it currently stands, police departments are where the government goes to violate civil rights.
Civil liability is helpful because tax payers do care about $$$ (if judgements/settlements are starting to eat major part of budget the people will start to care on how to lower those costs) and victims are not limited by what prosecutors are ready to do. The QI is especially problematic because it has essentially become "did someone prosecute cops about this before" because that's effectively the only way to establish precedence that allows you to get across the QI-line in future for sufficiently similar conduct. And like you said, prosecutors are often unwilling to prosecute cops.
Regardless, IMO, criminal prosecution is the thing that's truly lacking. It's not as if there aren't criminal codes around government officials violating constitutional rights, there are [1]. It's just that they go mostly unenforced.
This cop should be in jail on 700 counts of violating the 4th amendment.
[1] https://www.justice.gov/crt/deprivation-rights-under-color-l...
IANAL, but that's not quite my understanding... The victim has to prove that the police violated a clearly established right via a previous case, which puts many cases in a sort of chicken-egg situation. "We've never found a cop guilty of peeping on Flock, thus we can't find this cop guilty." (guilty in the civil sense, QI doesn't apply to criminal charges)
Like, it's true that QI is a lot harder to overcome if there's no prosecution. However, you don't need to have prosecution to overcome it. The "Qualified" part of "Qualified Immunity" is based on a reasonableness standard. IE "Would another cop in this cops shoes do the same".
And the answer in this case of the flock stocking is clearly "No, it's unreasonable to think a cop would think stalking their ex is part of their police duties."
What's a lot trickier to deal with is cops physically harming or killing people. That's what QI really protects as it's always easy for cops to "fear for their lives" over acorns falling and such.
[edit: I didn't correctly read the comment I was replying to, which was talking about prosecutions, not civil suits. But I do believe that qualified immunity is still largely an issue with Flock, so I'm not retracting the comment entirely.]
So long as there is already an established legal precedent for the rather specific circumstances at stake, then yes, that's true. But that has to be demonstrated in pre-trial motions because the default is qualified immunity is grounds for dismissal of the case prior to any judgement on the facts absent such a clear cut applicability of precedence. Sure, you could appeal the dismissals... but that's quite a barrier and burden just to get to having a case heard let alone then having to try the case in question.
Consider this quote from the 9th District Court of Appeals' opinion on a qualified immunity appeal:
"The panel held that at the time of the incident, there was no clearly established law holding that officers violate the Fourth or Fourteenth Amendment when they steal property seized pursuant to a warrant. For that reason, the City Officers were entitled to qualified immunity. The panel reasoned that although the decision in Brewster v. Beck, 859 F.3d 1194 (9th Cir. 2017) was instructive on the question of whether the theft of property covered by the terms of a search warrant, and seized pursuant to the warrant, violates the Fourth Amendment, Brewster’s facts varied in legally significant ways from those in this case. Moreover, the panel noted that the City Officers seized Appellants’ property in 2013, prior to the Brewster decision in 2017. The panel held that although the City Officers ought to have recognized that the alleged theft was morally wrong, they did not have clear notice that it violated the Fourth Amendment. The panel further held that the Fourth Circuit’s unpublished decision in Mom’s Inc. v. Willman, 109 F. App’x 629, 636– 37 (4th Cir. 2004)—the only case law that the time of the incident holding that the theft of property pursuant to a warrant violates the Fourth Amendment—did not put the “constitutional question beyond debate.”"
https://cdn.ca9.uscourts.gov/datastore/opinions/2019/09/04/1...
Given that Flock cameras and the associated search technologies raise novel legal circumstances, qualified immunity is a real concern here.
In Belgium, this was the system until 2001. The system was overhauled to the regular single police force after the largest protests in the country's history.
What goes wrong is that these 2 are essentially in competition, and ended up actively obstructing each other.
Arguably much of the issue is that it's not a singular organization. It's 18,000 separate law-enforcement organizations. The police in the rest of the wealthy Anglosphere have their own issues, but American policing seems uniquely bad in comparison to them, before even getting on to lethal force.
with the recent waves of immigration into EU states, you're now also seeing some of the same tactics in use by those 'better' policing institutions (eg France's prison population [1]) plus the rise of reactionary, far-right political parties [2]
my guess is that these are just the natural outcomes from us organizing ourselves as nation states ruled by ethnic and economic elites. carve up borders along sociocultural lines like shared language, religion, and phenotypes and you will always have a ruling majority (at least in the beginning). any changes to that status quo means someone has to relinquish power and some people will do everything, even deliberately antisocial, societally harmful things to preserve that hold [3]
until we move past this kind of organization, I don't see any other possible outcome. given the mass migrations that will occur due to climate change, I expect we'll reach a breaking point within a century and the only path forward that isn't regressive will need to be revolutionary rather than evolutionary
[0] https://sandratrappen.com/2018/11/18/private-police-forces-t...
[1] https://www.antoniocasella.eu/nume/France_prison_MUSLIM_2008...
[2] https://www.dw.com/en/far-right-populists-eu-germany-afd/a-7...
https://consequence.net/2019/07/juggalo-makeup-facial-recogn...
As a society we either loudly reject this or we tacitly accept it
If Snowden wasn’t enough to cause heads to roll with a generation outrage then flock is small beans in comparison and we are stuck with it
I asked one of my nurse friends if they can see gory (figurative or literal) medical details for anyone who has been in their hospital or parent medical system. She said that in Epic, access is logged and audited so it would become a problem if you were just searching for local celebrities. Just as a warrant canary is a good thing to have as an early commit in your social network, "who saw what and when" is a feature that needs to exist early in any tool for authority figures.
It would seem reasonable to squarely blame Flock for not absolutely centering this feature.
which isn't to say that Flock isn't at fault - they very much are and they made it simple for cops to stalk people at will and with very little visibility until recently. pair it with a very nominal reason to investigate, say, community organizing and it becomes (or, really, has already become) a way to stifle dissent [0]
[0] https://www.brennancenter.org/our-work/analysis-opinion/inte...
That police officers just don't get successfully prosecuted for this because of qualified immunity: that should be the big takeaway here.
Flock is just the whipping boy of the hour.
It's possible the next company will be similarly incompetent, but after having Flock tarred and feathered, they'll probably do a better job of it.
They knowingly facilitate the nudge nudge wink wink.
companies will only do better if their clientele wants it. if the police don't want accountability processes then that's just tech debt for a future roadmap some other team will handle
[0] https://www.reuters.com/sustainability/society-equity/clearv...
[1] https://www.edpb.europa.eu/news/dutch-supervisory-authority-...
[2] https://www.aclu.org/cases/aclu-v-clearview-ai
[3] https://www.business-humanrights.org/en/latest-news/motorola...
[4] https://classactionu.org/our-news/motorola-solutions-faces-p...
Good on him for cashing out.
For anyone else: if you run across something like this, collect what evidence you can without endangering yourself, if you can legally and safely record some conversations do so, and then call the FBI hotline, possibly from a friend's phone if you suspect the police might be monitoring your call log.
The FBI (well, in normal times...) does not fuck around when it comes to serious color of law violations like this. They're also very happy to get reports of local small town incidents where a town or county police department, judges, town leaders, etc are acting like they have a fiefdom.
Every damn time you have an invasive system it gets abused this way. Every damn time.
(Context: I'm currently looking into renewing my US visa. I've been to the US many times before both for shorter and longer periods of time and on many different visa – so far without any problems whatsoever.)
The Trump administration recently made it mandatory for all visa applicants to disclose any social media accounts (Facebook, Instagram, Twitter/X, Reddit, LinkedIn, …) they have had in the last five years (EDIT: whether still existent or deleted). [0]
I'm scared shitless and don't know what to do. (Not visiting the US is not an option, unfortunately.) I don't think I have ever posted anything controversial or of relevance through any of my social media accounts but I just don't want anyone in the world to have that kind of data about me, particularly my private messages. Who says that once they know all my social media accounts, CBP officers won't start checking my messages whenever I cross the border in the future? Who says they won't abuse that access at some point?
Look, I am aware CBP officers can already search your phone without a warrant, and three-letter agencies probably get first-class access to all social networks, anyway, but consciously handing over your data as part of the application process is… a different level.
Where's the outrage here? I know non-citizens basically don't enjoy any rights whatsoever at US borders, so I've long given up on hoping someone would fight this in court but still… where are the public campaigns, the diplomatic notes & retaliation?
[0]: In fact, they require social media profiles to be made public for the duration of the application, apparently so that the State Department can access and review the accounts. (Which would be funny since we all know what the NSA can do – if it didn't also open up the social media accounts to crawlers and stalkers…)
I encourage you to delete or suspend your accounts, and therefore legally list no accounts.
Maintaining a largely un-used social under your legal name with some cute photos of your pets which you can cite if need be is also a strategy many have used.
I should have clarified: They also require you to list deleted accounts.
> Maintaining a largely un-used social under your legal name with some cute photos of your pets which you can cite if need be is also a strategy many have used.
People that have successfully gotten a visa?
Americans are having a problem where they are guaranteed a certain set of rights as citizens, and guaranteed a certain process by which it is determined that those rights apply or whether they were applied. Those things are being routinely violated. Having any visitors at all (unless part of a treaty) is optional.
America colonized a lot of the world's dreams, but that doesn't obligate America to help you live them. We should want to, but we can't even protect ourselves. Americans are being harassed at the border. If we can't even get into our own country without unreasonable searches and seizures, there's no "outrage" left for the sake of other countries' elites. Most Americans can't afford to travel.
I never said that. And I also don't have any intentions whatsoever to relocate to the US to live the "American dream" or any other dream. I'm pretty fine where I am. Except that the visa situation is a nightmare and my circumstances are not so simple that I could just decide to cancel my, say, summer vacation in the US. Heck, even if you're just transiting in the US, without leaving the international terminal, and not even planning on entering the country, you already need a visa.
The only thing I'm asking for is that I be treated as a human being, with the same inalienable human rights (at least on paper) as everywhere else in the western world.
I am an outlier in that I like them because they help catch kidnappers and help police be able to return stolen cars in time for the victim to make it to work in the morning, with no obligation to press charges.
I haven't seen evidence of anyone else like me online or in real life.
People are being awakened to that reality by the proliferation of data center projects where their local leaders green light projects that people feel will negatively impact their community.
It doesn’t matter their intentions, such pernicious tracking itself is stalking.
So, why don’t we treat this corporation like the “person” such corporations claim to be in so many other contexts?
Clearly Flock etc are keeping pretty good access records or these stories couldn’t get written. What is missing is PD compliance offices proactively addressing inappropriate accesss. In addition to access monitoring, another aspect of HIPAA is that a patient can find out who has accessed their record. It makes sense that a tremendously powerful data collection would have similar rules of the road.