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Does Cheap Tech Undermine Legal Privacy Protections?
bfwebster writes "Orin Kerr, a George Washington University law professor who focuses on legal issues regarding information technology (I own a copy of his book Computer Crime Law) raises an interesting issue about a 2001 Supreme Court decision (Kyllo v. United States) that prohibited police from using a thermal imaging device on a private home without a warrant. (The police were trying to detect excess heat coming from the roof of a garage, as an indication of lamps being used to grow marijuana inside.) The Court made its decision back in 2001 because thermal imaging devices were 'not in general use' and therefore represented a technology that required a warrant. However, Kerr points out that anyone can now buy such thermal imaging devices for $50 to $150 from Amazon, and that they're advertised as a means of detecting thermal leakage from your home. In light of that, Kerr asks, is the Supreme Court's ruling still sound?"
The imager police where using was just that - an imager. This is just a cheap infrared thermometer. It's like comparing a motion sensor to a video camera, or your finger to your eyes.
I literally laughed out loud when this post insinuated that a $150 thermometer was equivalent to a $5000+ vanadium oxide microbolometer.
Dumb.
Even if they did it with telepaths or clarivoyants it would still be an invasion of privacy.
There is a war going on for your mind.
If the police are using something stronger than bi-focals to look at your house, they ought to have a warrant. That means they ought to have reasonable suspicion that a _specific_ crime is being committed.
My opinions are my own, and do not necessarily represent those of my employer.
Because "this building is warmer than the neighbors" doesn't give them probable cause, but "this shape looks like a bank of warming lights" does.
Besides, they pay of the cost on the first few auto and home seizures.
In plain view means just that, in plain view. Even using your analogy of headlights on a police cruiser, you still can't use headlights to peer into someone's house THROUGH THE WALL or ROOF.
The spirit of the law is that people have the right to do just about whatever they want in their house, behind closed doors/walls without being subject to a "casual inspection" by the police. Sure, it allows some people to do "bad things" without getting caught sometimes, but more importantly, it keeps the government from being able to micromanage your daily life.
Sure, because of "global terror" and a bunch of other scary words, people are more readily giving up their personal rights for "safety", but that doesn't automatically make it a good/smart thing.
Basically, if it isn't grossly obvious that you're doing something illegal, the Police should leave you the hell alone and go find someone who IS breaking the law in public. In my experience, that's not a very difficult thing to find...
There needs to be a "bright line" on this - that line should be "Any use of sensing devices beyond that of an unaugmented human, constitutes an illegal search."
That would include remote thermal measuring devices, setting up cameras to watch a house, use of sound amplification, etc.
For that matter, I would prefer that a warrant be required even to post an officer to watch continuously - i.e. the bright line should be "no more than the equivalent of casual, unaugmented observation". So a police officer could drive by a location, but setting up surveillance would require a warrant. But I don't expect we're likely to see that sort of roll-back of surveillance powers.