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304065 304065 is offline
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What is your expectation of privacy in public?

There are a couple of news articles out about the use of surveilance cameras to monitor the Democratic National Convention, and another one detailing the used of cameras by the LAPD. In both cases, the ACLU has come out and expressed their concern that the cameras would be used to deter protests, and for political rather than security ends.

My hope is that we can refrain from the hackneyed "1984" analogies: while evocative, they don't really get at the heart of the issue, which I see as the following:

Is there any substantive expectation of privacy in a public place? If you go out into the Village Square and demonstrate publicly, do you then have the right to assert that your privacy is being violated when law enforcement agencies monitor you using video cameras?

What if there were police officers present, would that be more or less of a deterrent to free expression?

What if a violence broke out? Would you want the incident recorded on tape to see who started what? Could video evidence potentially exonerate, or convict you?

Would your answer change if the cameras were located in another state-owned location, such as on the Subway? What about the airport, do you mind being videotaped at the airport?
Does your answer change if you are a business invitee of a Casino, a privately-operated business?

I suppose there will be those that automatically assume that any enhancement of the power of law enforcement is inherently an encroachment on civil liberties. Can anyone articulate WHY they think this is so?

My own view is that there's no reasonable expectation of privacy in a public place even if you aren't accustomed to being recorded: individuals acting in public have always been open to surveilance by law enforcement: the fact that it might be more effectively or inexpensively performed using video shouldn't affect the constitutionality of that surveilance. HOWEVER, there ought to be some procedural safeguards in place to prevent individuals from using surveilance technology in an inappropriate manner, e.g. for voyeruristic purposes.

What is your opinion?
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Old 07-19-2004, 10:24 AM
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