this post was submitted on 17 Dec 2024
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np, and just between the two of us, yeah you are :)
it depends on the specifics i think, but from what i can understand the primary legal argument against it right now is actually "unreasonable search and seizure" and "illegal evidence collection" rather than, warrant specific things, though im sure that's sort of adjacent.
The problem right now is that none of our laws explicitly protect things like forcing people to use face ID in order to unlock their phone, because it isn't technically "extracting" information from someone unwillingly. Similar issues with collecting evidence from the trash, or using AI facial recognition. There just aren't any clear laws, and the police are taking advantage of it while they can.
i think for facial recognition, i would argue it's a violation of right to privacy, rather than unreasonable search and seizure, because they aren't searching for anything, or seizing anything, necessarily. I think i would rather have stronger privacy laws after the fact anyway.
Also, facial recognition is mostly a problem with using cameras in public, rather than police using cameras in public, putting this under unreasonable search and seizure limits it to police activity explicitly, i would much rather not be facially recognized at all, when outside. Private entity, or not.
There is no right to privacy which is why I think it should fall under the right against unreasonable search and seizure. They’re using your face and searching it against a database for no reason other than treating everybody like they’re a criminal to comfort rich peoples fee fees.