frozenspinach

joined 1 month ago
[–] [email protected] 1 points 1 week ago* (last edited 1 week ago) (1 children)

On re-reading that other guys comments, they just make no sense. You are right to draw your distinction, because this thread is being strangely vague on details and trying to encourage conspiratorial thinking without specifics.

That said, I think the core concern can be rephrased in a way that gets at the essence, and to me there's still a live issue that's not relieved simply by noting that this requires probable cause.

What's necessary to establish probable cause in the United States has been dramatically watered down to the point that it's a real time, discretionary judgment of a police officer, so in that respect it is not particularly reassuring. It can be challenged after the fact in court, but it's nevertheless dramatically watered down as a protection. And secondly, I don't think any of this hinges on probable cause to begin with, because this is about the slow creep normalization of surveillance which involves changes to what's encompassed within probable cause itself. The fact that probable cause now encompasses this new capability to compel biometric login is chilling even when you account for probable cause.

And moreover, I think there's a bigger thematic point here about a slow encroach of surveillance in special cases that eventually become ubiquitous (the manhunt for the midtown shooter revealed that practically anyone in NYC is likely to have their face scanned, and it was a slow-creep process that got to that point), or allow the mixing and matching of capabilities in ways that clearly seem to violate privacy.

Another related point, or perhaps different way of saying the same thing above, is that this should be understood as an escalation due to the precedent setting nature of it, which sets the stage for considering new contexts where, by analogy to this one, compelled biometric login can be regarded as precedented and extensions of the power are considered acceptable. Whatever the next context is where compelled biometric login is considered, it will at that point no longer be a new idea without precedent.

[–] [email protected] 2 points 1 week ago

Wonder why you are getting downvoted as this is a perfectly legitimate point. Are they just not in Europe or something?

Or who knows, they really could be in the Vativan, stranger things have happened. But I don't know why they would mention those circumstances without qualification that they are special circumstances. Kind of burying the lede there.

[–] [email protected] 1 points 1 week ago (4 children)

Yeesh friend, kinda jumped down OP’s throat here, no? Seems pretty uncharitable to go from their posted meme to “this cartoonish fantasy world of yours”, and then take that even further.

Uhm, are we looking at the same comic? Because it most definitely is making an assessment of the impact of the shooter's actions. What's the thing being impacted? I would say world. Charitable interpretation seems to me to point in the opposite direction of what you're saying.

[–] [email protected] 1 points 1 week ago (3 children)

I wonder if they are referring to this, or to an EU equivalent of it:

The U.S. Court of Appeals for the 9th Circuit has ruled that police officers can compel a suspect to unlock their phone using a fingerprint without violating the Fifth Amendment's protection against self-incrimination.

https://idtechwire.com/fifth-amendment-does-not-protect-against-biometric-phone-unlock-says-9th-circuit-appeals-court/

[–] [email protected] 16 points 2 weeks ago

It’s never going to be resolved.

I think it was resolved, but then Johnson got elected, pardoned the entire Confederate South including Jefferson Davis, and rolled back reconstruction. And the south benefited from electoral success by counting the slave population toward their number of representatives despite disenfranchising them.

I don't have a real end point or pin to this thought but there's solvable electoral process things that could change the outcomes. The upsetting thing right now is disenchantment in the power of procedures to affect outcome which (1) in some sense is just an unfortunate truth but (2) in another sense is a self fulfilling prophecy as we lose touch of how processes can control outcomes.

[–] [email protected] 15 points 2 weeks ago (1 children)

The Millitary isn’t bound by some electoral laws of the universe, they just as easily could have said the vote was illigetimate.

Well I mean they are bound by laws, to the extent that laws have meaning. And responding to legal instruction would seem to validate the force and efficacy of the legal system, right?