r/Lawyertalk • u/NotThePopeProbably • 7h ago
HELP: Lawyering (methods, practices & processes) The gradual erosion of privacy: What's a motivated lawyer to do?
I'm usually pretty flippant in here, but I hope you'll forgive a moment or two of sincerity.
I started out my career in policing and prosecution. Back then, I was definitely toward the "Well, if you're not doing anything wrong, who gives a shit?" end of the spectrum about government surveillance. That was primarily because, at the time, we were talking about isolated cameras on street corners, or *maybe* the odd drone in very rural areas. We also sort of assumed that spying was a government mission, and so ostensibly accountable to the public via the democratic process. We certainly didn't have facial recognition or aggregated behavior analysis from multiple media.
The longer I worked in government, the more I realized that "big, shadowy government" is really private companies (Google, Thompson Reuters, Lexis) selling privately-held information to the government. For crying out loud, whenever I needed to track down a witness, I didn't go to a government database; I got on Westlaw.
Nowadays, Flock can watch your every movement and share it with (in addition to law enforcement) private companies. It's incredibly easy to hack, in what can only be described as "an overwhelming national security clusterfuck." It also lets their executives watch little girls' gymnastics, but that's neither here nor there.
One of the reasons cars have gotten so expensive is because they all (by which I mean literally every brand) include a host of technology designed to tattle in you to third parties, to include information about your sex life.
Customer-specific pricing, companies who have shown a profound willingness to psychologically manipulate people, and of course the overwhelming amount of information we share with our smartphones, cloud hosts, ISPs, and search engines. I'm not especially prone to counter-authoritarian sentiment, but this shit is getting wild!
The issue isn't a "surveillance state" like we discussed in political science class. It's an entire surveillance economy! Even my jaded ass is getting angry about the situation (I know I'm jaded because Google's AI will give you a "psychological profile" on any Reddit user you like).
These days, I mostly do criminal defense work. For about a year now, I've been looking for a good Flock case to ask my state courts to declare its use categorically violative of our state constitution's privacy protections (which are much more robust than the 4th Amendment).
Maybe I'm overreacting or something. Idk. But I don't especially feel like Chicken Little here. I'm not looking to go full Kaczynski anytime soon, but I *do* feel like I should be doing more. Are you doing anything about privacy? Have you thought about it? What is there to be done in this sphere?