But now I can point a camera at a crowd and It will:
- count the number of people and animals there
- give me an estimated gender for each
- analyse the sentiment of each person
- save their facial features so I can find "Male-sg76fg" in future photos automatically
- store the GPS location
With some extra work I can then find each of them on social media, grab their real names and other information from public sources and now I have a surveillance database. (Illegal where I live, but who's gonna check?)
This makes "public photography" a whole different thing from what it used to be.
(David Brin's been beating this drum for about three decades now - I doubt I could say anything he hasn't already said. https://www.davidbrin.com/transparentsociety.html)
That is a strange dichotomy, "government vs everyone". You miss the much more important large private organizations.
Government can at least be held accountable, if voters are willing. What the private orgs do you don't even have a chance to know about without a (tragic doomed person) whistleblower. Even the "evil" government actions heavily uses those unaccountable private entities for much of the dirty work.
Also "everyone" is useless. What use is any of it to individuals? Weapons or information. The fight is among deep complex organizations. Individuals - unless part of some network - may as well not exist. The individual with a firearm as a protection against government comes to mind, even in groups they'll be blown away anytime the organized large groups even sneeze towards them.
Another example is who uses the law: Any large company or even the government is much much MUCH more effective, no matter how much an individual has law on their side, at least when the large organization is willing to drag out the fight until the individual or small group runs out of resources.
If you want to achieve something, ORGANIZE! Otherwise you just throw yourself into the grinder, at best even providing reasons and justification to the other side.
IDK about shouldn't. Public photography not being a crime comes from a time where one could still be generally expected to remain anonymous despite being photographed. Just like how you can be seen by strangers in the street while walking and still remain anonymous. Yet stalking is a crime, and facial recognition seems to be the digital equivalent. Facial recognition is something that can be done at any point by someone with your picture in their hand.
This feels kind of like the way you could avoid having extensive traffic laws & control systems in 1905 when only a few people had cars.
It would also completely kill any form of street photography, even if you don't appreciate the art it would kill documenting times and places for posterity, for what benefit exactly?
In this case, I think it would be interesting to think about the most concerning area: linking a person in a photo to their real-world identity. It seems like there could be restrictions on how face-recognition databases are built and accessed, possibly incorporating intent to harass or intimidate as an aggravating factor, and possibly linking across time and place. If I take a picture of some guys playing basketball or chess as I walk around town, I don’t need to identify them in my art exhibit entry and I certainly don’t need to link one of them to a different time and place without their permission.
The laws regardless this almost always make a distinction between intentionally surveillance and by chance background noise. Taking a picture of the street with people on it doesn't matter, recording the street 24/7 probably does, and purposefully singling someone out and photographing them definitely matters.
We already kind of have this. Think about it - stalking is illegal, but you've walked behind people right? You've glanced into someone's window before, right? You've taken a picture of a random person before, right?
So why aren't you in jail? Because laws aren't algorithms
I actually don't find it hard to sacrifice the recreational photography of strangers, but I do have a hard time balancing it with the need to photograph crime and government entities overstepping their authorities.
I don't have a good answer for it all.
This means you can not make a photo/video of a person in public without their consent if they are the focus of your image. They also have the right to revoke consent anytime in the future.
The only exception is at large gatherings like for example the Street Parade where the expectation of privacy can not be expected especially since the event is televised.
This is also why you can not put cameras on your home that film public streets etc. They need to be blocked off or facing the other way.
In more sensible countries the law says that it's legal to film, but it's not legal to publish videos and photos of people without their consent.
Dash-cam footage is a gray area since the video is generally deleted automatically and not publicized. If the crime is severe enough the footage is permitted in court.
Criminals do not just get away just like that. There is a lot of public cameras run by for example the SBB (national train company). These cameras have strict rules as to how long the footage is stored and who has access. The footage will not be posted publicly unless in very very rare cases where the severity of the crime outweighs the privacy of the criminal.
How many innocent people have faced the wrath of the public because of false identification in the US when some grand event occurs? Does anyone remember Richard Jewell[1]?
Are you looking at this from a US perspective where illegally obtained evidence is not admissible in court (fruit of the poisoned tree)? At least in Norway this is not the case, nor is it absolutely forbidden in the UK.
See, for instance, https://www.lawgazette.co.uk/commentary-and-opinion/fruit-fr...
IIRC some countries recently started experimenting with automagically granting copyright to people for their own likeness, I think it was aimed at AI generates fakes, but it's probably more widely applicable.
Anyway, don't be a dick, don't take pictures of people without their consent.
See https://www.photrio.com/forum/threads/law-regarding-photogra...