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German Photog Wants to Shoot Buildings Excluded From Street View

crf00 writes with this report excerpted from Blogoscoped: "'Spiegel reports that German photographer and IT consultant Jens Best wants to personally take snapshots of all those (German) buildings which people asked Google Street View to remove. He then wants to add those photos to Picasa, including GPS coordinates, and in turn re-connect them with Google Maps. Jens believes that for the internet 'we must apply the same rules as we do in the real world. Our right to take panoramic snapshots, for instance, or to take photographs in public spaces, both base laws which determine that one may photograph those things that are visible from public streets and places.' Jens says that for his belief in the right of photographing in public places, as last resort he's even willing to go to jail. Spiegel says Jens already found over 200 people who want to help out in this project and look for removed locations in Google Street View, as there's no official list of such places published by Google."

32 of 327 comments (clear)

  1. Erm... by Anonymous Coward · · Score: 5, Insightful

    This doesn't seem to be a "The man is restricting our rights", more of a "people are nicely asking for some attempt at privacy", and this asshole (Jens Best) wants to say "FUCK YOU, I'm going to go against you because I can, even though you were nice enough to ask otherwise"

    1. Re:Erm... by hedwards · · Score: 5, Insightful

      I doubt that there's a reasonable expectation of privacy involved here. So consequently there is a right involved, whether or not he's an asshole, he does have a point. Previously you could take pictures of pretty much everything in public view.

    2. Re:Erm... by Darkness404 · · Score: 5, Insightful

      So? Does it really matter? People really over-analyze things, I'm sure that other people really think that everyone is watching your Twitter feed, the thing is, its all lost in the shuffle, just because someone -can- doesn't mean that someone will. I -could- go look at people's homes in Japan, that doesn't mean I will, just like someone -could- stalk someone using Twitter, but lets face it, no one cares you aren't suddenly so important that someone will spend time looking at your house.

      Unless you are the president or a singer or actor. No one cares.

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Erm... by cgenman · · Score: 5, Insightful

      You can still take pictures of everything in public view, and so can Google. And Google is being nice and taking down their own photos if you ask them to. Maybe they got the photo when your son had his car up on blocks. Maybe they happened to photograph you just as you were doing something embarrassing. Maybe you're being stalked, and don't want someone to recognize your car in the driveway. Maybe you're just paranoid.

      Either way, Google is being nice by taking down photographs upon request. This is not a legal requirement, or censorship, or anything like that. Raging against people who ask to have buildings excluded from a commercial map application seems... misplaced somehow.

    4. Re:Erm... by trentblase · · Score: 4, Insightful

      This is exactly my thought. As far as I know, nobody is saying you CAN'T post photos of these homes. Google is just being nice and recognizing that some people may not like it. And the homeowners are reasonably taking Google up on the offer to remove photos. This guy is being a dick to those homeowners for the sake of what... documentary completeness?

    5. Re:Erm... by kiwimate · · Score: 4, Interesting

      Ever had a stalker? Sometimes people do care. It can be kind of frightening. Especially for a young woman.

      There's another side to this apart from the legal side. There's the community side, which is to say the common (? or not so much, any more, sadly) courtesy that makes the difference between a narcissist or an outright sociopath and someone who understands that sometimes, just because you can, doesn't trump "this person really doesn't want me to, is upset about it, and you know what, maybe I can have a bit of a heart and say okay".

      This gentleman may have the law on his side, but I would be quite impressed if he took the stance of "I'm going to be a human being and take another person's feelings into account". Call me old-fashioned or idealistic, but I think that may just make the world a better place, in some small way.

    6. Re:Erm... by wvmarle · · Score: 4, Insightful

      That I may not be important in your eyes doesn't mean I don't have a right to privacy.

    7. Re:Erm... by iktos · · Score: 4, Insightful

      Fences is sort of what this is about, I think; Google photographs from a camera which is higher up than the conventional "public view".

    8. Re:Erm... by Zerth · · Score: 4, Funny

      I'd rather have a stalker that hangs out on Google Earth than standing in the bushes.

    9. Re:Erm... by Anonymous Coward · · Score: 3, Insightful

      Amusingly, you call him a gutter-slut, when everybody reading this thread has the strong impression it's the other way around. Just so you know, how you communicate determines people's opinion of you; that might explain why people react to you the way they do.

    10. Re:Erm... by c0lo · · Score: 3, Insightful

      just like someone -could- stalk someone using Twitter, but lets face it, no one cares you aren't suddenly so important that someone will spend time looking at your house.

      It's irrelevant if others cares or not.
      I care, I own the place and I would prefer not to have an image of my home posted on the Internet without my permission. The problem in discussion is: do the fact that I care matters or not? (do I have a right to stop someone making public a photo of my home on the Internet?)

      --
      Questions raise, answers kill. Raise questions to stay alive.
    11. Re:Erm... by Draek · · Score: 5, Insightful

      Huh. And what happens to people's desire for a complete and detailed database of public places rather than one filled with holes "just because"? what happens to the feelings of photographers everywhere that wish to excercise their hobby, their profession, without harrassment from total strangers? why is it only one side that gets to screw over the others' feelings and sentiments? and why does it have to be the one that doesn't have the law on their side?

      Ohh, that's right. Because it's the one you agree with.

      --
      No problem is insoluble in all conceivable circumstances.
    12. Re:Erm... by WillDraven · · Score: 4, Insightful

      And it also reminds people that making your house, or secret military base, or corporate headquarters, appear as an unexplained blank spot in an otherwise comprehensive public database draws more attention to you than leaving it there in plain view would.

      --
      This is my sig. There are many like it but this one is mine.
    13. Re:Erm... by nacturation · · Score: 3, Insightful

      surely locals have the right to request their homes not be broadcast to the entire world?

      No, they don't, and that's why projects like this are needed. To remind people that fucking over photographers with paranoia and idiotic boogeymen is NOT a right, and shouldn't be in any society that calls itself Free.

      Perhaps this photographer isn't going far enough. How about for every place that asked to have their imagery removed from Google Street View, register a domain name in their address (eg: 1234-Main-Street-Berlin-Germany.de) and have a 24x7 webcam pointed at the front of the house with live streaming video and the ability to browse back through interesting moments via motion sensor timestamps. After all, there's no right to privacy so why not go all the way and allow the entire world to watch someone's house all the time?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    14. Re:Erm... by T+Murphy · · Score: 4, Insightful

      People opted out of Google's maps, not being in any picture, ever. This article has nothing to do with amateur photographers pursuing their hobby, but an attempt to force everyone to be included in a commercially created database. This is like making a phone book of unlisted phone numbers. If you want to see what's missing on Google Earth, go see it yourself- just like how you can call an unlisted phone number if you really want to. If someone isn't interested in being included in Street View, chances are you wouldn't care about them if they were included, so I don't see much of a claim of harm being done by people's request for privacy. Keep in mind the people opting out simply contacted Google and were done with it- no harassment involved.

      If people taking personal pictures were being harassed, I would be right with you on this, but this guy is just putting his sense of entitlement ahead of people's wishes. The law doesn't dictate what is right (see copyrights and patents)- sometimes discretion is needed.

    15. Re:Erm... by TooMuchToDo · · Score: 5, Insightful

      http://www.krages.com/ThePhotographersRight.pdf

      Even in public there is such a thing as privacy.

      True. But it is extremely limited.

      From the PDF:

      Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside
      their homes.

      Permissible Subjects

      Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places:

      accident and fire scenes
      children
      celebrities
      bridges and other infrastructure
      residential and commercial buildings
      industrial facilities and public utilities
      transportation facilities (e.g., airports)
      Superfund sites
      criminal activities
      law enforcement officers

    16. Re:Erm... by severoon · · Score: 4, Insightful

      Yea, you're right. Even without Google Street View I don't like the idea of someone 3000 miles away being able to just hop on a plane and be looking at my house in a couple of hours. Screw that, ban people from looking at my stuff if they're not from around here.

      But...oh wait. That's stupid.

      Public view is public view. It means anyone, on any given day, can see it. 1 person or 1000 people, what's the difference? Facades are meant to be seen by other people...they're designed for it. I don't have a problem with Google making the deision to be courteous to a few people here and there that don't want their home on there, but if too many people started making that request I hope and expect that they would say, you know, now it's starting to hurt the reason for having it in the first place, so sorry, we're doing away with that and now everything will be visible.

      This isn't about Google's right to collect and show information, either. It's about my right to see it. If I can go there and see it, then I can have a friend with a smartphone show it to me live (iPhone Facetime, for instance) or take a photo and show it to me. If my friend can do it, why can't Google?

      I might just as well say I don't want people to see my face when I go out in public either, but I'm not willing to wear a burqa, so you'll just have to look away to respect my nonexistent right to privacy. It's silliness. Something is either allowed or it's not. This is.

      --
      but have you considered the following argument: shut up.
    17. Re:Erm... by Tom · · Score: 3, Informative

      This is exactly my thought. As far as I know, nobody is saying you CAN'T post photos of these homes.

      No, not yet. However, the government is deliberating passing a law that does. This protest is presumably part of the current public debate, a protest against making even more laws regulating what you can and can not do in public.

      --
      Assorted stuff I do sometimes: Lemuria.org
    18. Re:Erm... by cappp · · Score: 5, Insightful

      That's a really good point and I find myself wondering if maybe that comes to the core of my discomfort. Should all public information be so readily available that it doesn’t require even a modicum of effort to access? If you took the time to drive over to my place then sure, look to your heart’s content. Flew a thousand miles? Enjoy harassing the locals for photo opportunities. But just pulling it all up with the click of a button? That seems qualitatively different somehow.

      I guess I'm going slippery-slope on this, and perhaps not thinking rationally, but isn't there value in the idea that some information requires an investment of energy to access. I'm thinking of sex offenders for some reason - there are many good reasons for having publically accessible lists but does that mean that they should be conveniently attached to Google-maps complete with photographs and all contact information? Our laws were constructed without any comprehension of the ease of access the modern day provides nor of the reach purportedly local info has. A lot of public info was deemed public as long as that selfsame public was going to march down to the courthouse, or whatever, and invest effort in their search – that effort almost served as a defence against low level abuse. Maybe I just need to reconsider the idea in its totality – either way you’ve given me something to think about so cheers for that.

    19. Re:Erm... by tehcyder · · Score: 5, Insightful

      You are almost as much of an arsehole as the photographer. You both have no idea why people might not want themselves on Google street view, they might be in fear of their lives from abusive spouses, be asylum seekers afraid of foreign governments tracking them down, who knows?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    20. Re:Erm... by richlv · · Score: 4, Insightful

      if _people_ opt out, i don't think that is an issue. if buildings start opting out, then we do have an issue.

      the main issue here is the ability to take photos in public places and share them. we've read too many articles about problems with that, and i have been stopped by overzealous home owner for taking a photo of his housenumber (for openstreetmap purposes).
      public place is a public place. if you want to shield yourself, build a fence that can not be seen through. some people do that, although it looks more like a prison to me.
      i will argue for privacy, but i will also argue for freedom of photography and sharing.

      --
      Rich
    21. Re:Erm... by tehcyder · · Score: 4, Insightful

      I'd rather have a stalker that hangs out on Google Earth than standing in the bushes.

      Because obviously one can't lead to the other. Not ever. The internet is entirely separate from real life, it's just like one big happy computer game.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  2. English version by cappp · · Score: 3, Informative

    For those of us who don't read German fluently click here

  3. It would be ironic if by mysidia · · Score: 4, Interesting

    The manually taken photos were of higher quality, and more detail than the Google streetview ones. Then the request to remove from streetview........ could result in more detailed imagery of the area being posted to a place where more people will notice it

    (Since streetview is so large, and has so many images.... a picture of an obscure place would probably not be noticed by many people, let alone get any attention or concern)

  4. Never tried to shoot at the Pentagon, apparently by SlappyBastard · · Score: 4, Informative

    I can remember getting off the train at the Pentagon. I wanted to go upriver on foot to photograph the skyline of DC at night from across the river (don't ask me why -- ugly city). It didn't take too minutes before a Hummer came rolling out and a guy in a gun turret (gun pointed at me) told me to go away and not take any photos.

    Like it or not, some really stupid rules -- and even just really stupid etiquette -- governs what you can and cannot photograph.

    --
    I scream. You scream. I assume that means we're both acquainted with the problem. We proceed.
  5. Re:Never tried to shoot at the Pentagon, apparentl by King_TJ · · Score: 4, Insightful

    Yes, but how far did you push back when you were challenged?

    It's really pretty clear that a photographer has certain rights to shoot photos anyplace in public in the U.S.A. Government has often tried to intimidate photographers, under the guise that "national security" demands they cease, or alternately, lower-level security protests under false claims that some "policy" was violated.

    The Amtrak photography incident comes to mind: http://carlosmiller.com/2008/12/27/amtrak-police-arrest-photographer-participating-in-amtrak-photo-contest/

    A good guide to your REAL photographer's rights can be found here: http://www.krages.com/phoright.htm

    Having a gun pointed at you is a pretty strong intimidation tactic, yet if you're confident you're in the right, you can still stick up for your rights in that situation. Some soldier driving out to meet you in a Hummer is probably NOT prepared to fire a weapon at a civilian photographer. WAY too many consequences for an action that extreme. So you *could* have let them arrest you and take your camera, rather than complying ... and you'd have a really GOOD chance of coming out the victor.

    But let's face it.... that skyline photo probably wasn't something you wanted badly enough to fight for it.

  6. It isn't about legality... by bm_luethke · · Score: 4, Insightful

    ...it is about not being a douche bag.

    Really, it isn't illegal and that isn't why Google removes them. He isn't going to get arrested so his willingness to have that done is irrelevant. What he is doing is being a a major asshole and justifying being proud of it under some "information wants to be free" meme.

    My address, phone number, and a great deal of other information is certainly public knowledge - one can look it up on the internet (and I even use an abbreviated version of my real name so it isn't even that hard), yet I still wouldn't want all that attached to every post I made. There is a great deal of public information that we *all* would rather not telegraph in that well a concise and easy simple way to view. I'm willing to be this guy has a number of things about his life he considers private, is legally not, and would be royally pissed if people made a point of putting it on the internet. If someone walking down the raod asked politely to not be photographed few would call him a hero of anything if he then not only followed them taking all the photos he could but made sure that everyone singled them out to show what they would rather have private - no different here. I don't care about my picture being on Google Street View (well, other than the car was taking pictures when a police man was telling me to move my truck is parked in the road because someone up the street complained - we are on a dead end road. It's amusing as you can clearly tell I'm out on my front porch, the police car in the street, and the man in Blue talking to me - but then I find the thing more amusing than anything especially since I can pinpoint the exact time the car want by) and can't really see why anyone would care - but if they did it is called being a nice person to remove it.

    If he wants to push a real cause go take photographs of military installations or secure places like nuclear power plants. But then there you are actually likely to have real consequences instead of just being a douche bag and making people mad. Plus it is places that are actually illegal to photograph, used to be legal to do so, and there is a great deal of debate on what should and should not be allowed. Peoples houses in mapping software? Not so much - as is he is simply trying to make himself feel better by doing something minor/worthless and rationalizing that it is somehow, in someway, actually edge and dangerous. Yea, go stick it to the man! Just wait until these people see their houses photographed on the Internet, that'll show !

    --
    ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
  7. They are being nice so they don't get forced by Anonymous+Brave+Guy · · Score: 3, Insightful

    Either way, Google is being nice by taking down photographs upon request. This is not a legal requirement, or censorship, or anything like that.

    Not yet.

    Clearly a lot of people felt strongly enough that this sort of activity constituted some sort of invasion of privacy to make the effort to ask Google to take the photos down. Clearly Google felt there was enough of a risk (legal, PR or otherwise) in not doing so that they instituted a policy to comply with these requests, and they have introduced various other policies for related reasons.

    If people like this Jens guy won't voluntarily respect that and want to deliberately upset all those other people just because they can legally do so today, then the law can always be changed tomorrow to fix that problem. This is the basic flaw in the whole "You have no reasonable expectation of privacy in a public place" argument: it based on law rather than on ethics, and ignores the fact that laws are supposed to change as the world does, including keeping up with the implications of new technologies and how people feel about them.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  8. I support a citizen's right to shoot. by anti-human+1 · · Score: 3, Funny

    I support a citizen's right to shoot. (I live in the U.S., not that that's relevant)

  9. Re:Google by adamofgreyskull · · Score: 5, Insightful

    Not sure what you're inferring from the summary, or implying with your "moral high ground" comment, but he's not trying to "stick it" to Google. Google have just complied with requests to remove the photographs. I think he's going to do what they can't(or won't) do, i.e. take pictures and link them to Google maps. If the same people want to request that those photographs be taken down, presumably Google won't be able to just remove them...as they are expected to do when it's their photographs and they're trying to avoid a lawsuit/Bad PR. Even if Google does take them down, he can still find some other way to do it..

    Why Google removed them in the first place I have no idea. Photographs taken of anything from the street must surely be allowed on the grounds that there's no reasonable expectation of privacy if your building is situated on a public right of way?

  10. Re:Never tried to shoot at the Pentagon, apparentl by tftp · · Score: 3, Interesting

    A camera is not a gun. It doesn't threaten the life of police, and it probably won't get you killed, no matter what.

    That "probably" is not good enough - especially when dealing with soldiers. It only takes a misunderstanding. If a gun is pointed at you then a mechanical malfunction also can kill you. (That's why we are told to never point a gun at anything but intended targets, among other rules.)

  11. Freedom of the panorama by Confused · · Score: 5, Interesting

    In Germany, there's the so-called freedom of the panorama, which means, that you're allowed to take pictures of the panorama in public places, which includes houses etc. However, that freedom is limited to a natural perspective, so you may take take the picture while walking down the street, but you may not use a stepladder or step on a car roof to get a higher vantage point. It's a very simple to understand and convenient rule about private space. If you don't want to be photographed in your garden, make the wall high enough that people passing-by can't see over it. If someone peeks over that wall and takes pictures, he's invading your privacy.

    So what the photographer proposes to do is probably perfectly legal. With the Google streetview cars the problem is, they take the pictures from higher up than regular eye level, thus the freedom of the panorama doesn't apply to them and they get in all kind of trouble. There's another company (can't remember which one) taking pictures of streets, but they have mounted the cameras directly on the car roof, probably to avoid the problems Google has.

    All in all, Google is in this mess in Germany because they didn't bother to check local laws and believed American rules apply everywhere.