I would agree, with the giant caveat that I would like those activities to be surveilled only upon a showing of probable cause and with judicial oversight. The government shouldn’t have carte blanche to “investigate” citizens who are not suspected of committing a crime.
> I would agree, with the giant caveat that I would like those activities to be surveilled only upon a showing of probable cause and with judicial oversight. The government shouldn’t have carte blanche to “investigate” citizens who are not suspected of committing a crime.
In Western jurisdictions, probable cause and judicial oversight are only relevant to searches of private property, arrests/etc. Police have always been empowered to surveil public behaviour, and in my opinion, rightly so.
It would be incredibly impractical to require judicial authorization for something as simple as browsing a public neo-nazi forum, or driving around looking at known drug-spots.
The question is whether the ubiquity of social media/phone cameras has changed our attitude. Arguably, we've created an inescapable, 24/7 surveillance apparatus . If you attend a protest, there's a real chance your photo may very well end up on Twitter/Facebook/etc, inadvertently or otherwise.
I do think it's time to discuss the role of phone cameras in modern society.
I agree in spirit here, but in practice in order to get probable cause of criminality or criminal intent, you need to do a little bit of surveillance/monitoring first. And it seems to me that a good compromise is "monitor publicly available media, like twitter to look for evidence of criminal intent, and then use more invasive tactics if you find it".
It takes a lot of faith in law enforcement to believe they won't abuse that power, especially given they are the target of criticism by these protests. The argument that it is illegal for them to abuse / misuse this information isn't very compelling either, given that they are the ones responsible for enforcing the laws that they would be breaking. I might be okay with this info just ending up in the hands of the FBI, but I definitely wouldn't want it winding up in the hands of my local law enforcement agencies, who are known for harassing and intimidating critics.
It's not that I think they won't abuse it. I know that they'll abuse it. The question we have to ask is whether their abuses will be worse than the consequences of total inaction on their part. And I think that balances in favor of surveillance, when it comes to public social media data, but certainly reasonable people can disagree.
The compromise you're suggesting is what Dataminr is doing. Monitoring publicly available media like Twitter to look for evidence of criminal intent (albeit in an automated fashion).
In general, cops directly prevent almost no crimes. Their job is basically to respond to crimes and either stop it in progress or find and punish the perpetrators. If they have a prevention effect it is from deterrence.
How many beat cops do you think have been patrolling at night and come across some shady character casing the neighborhood? I'd bet every single one except for maybe the cops in Malibu.
Regardless, there are cops whose jobs are to identify people who may be planning a crime. So my question stands - any concerns with surveilling those people?
