AI watches millions of cars and tells cops if you’re driving like a criminal
forbes.com
forbes.com
The police have no repercussions for sending warrants to Google for phone information. Is searching someone for their legal driving behavior any better?
https://www.nbcnews.com/news/us-news/google-geofence-warrant...
Observing the same car coming and going on public roads seems like it requires a lower bar. IANAL.
The question isn't whether it was legal to observe the driving, but whether it was legal to search the car based on the observed patterns.
Then we have a Supreme Court problem.
Doesn't that mean that more than half of the people that the dog signaled on were actually found to have drugs? That actually sounds pretty good. I assume it would meet the legal standards of "reasonable suspicion" or "probable cause".
I'm not a lawyer either, but I'm pretty sure the answer is no.
Paper's not magical. If my behavior is sticking out of my pockets for everyone to see, they're not allowed to search through those unless they've got a fucking warrant. The amendment wasn't written with the express (or even covert) purpose of giving them ludicrous excuses to bypass its requirements. Reading it as if it were is wrong and deceitful.
Yes, because judges, who are also human beings, love when cops flood them with stacks of bullshit requests.
Those warrants.
If Google wants to obey non-warrants, that's on them but not legally required.
Assuming that this is how that system works I can't see how this is legal. Let's say police is only searching cars between place A and place B, but not between place A and place C. Therefore they find drugs in cars that drive between A and B. This system therefore is now flagging all cars that drive between A and B as suspicious due to the bias of the searches the algorithm was trained on. It could be that there are more drugs being smuggled between A and C, but the system wouldn't know due to data containing no searches on cars between A and C.
If we now say A=downtown, B=lower income area and C=high income area I think it becomes very obvious how such a system that allows police control cars based on past searches is discriminatory and everything but fair. It enables searches without any reasonable grounds and I have honestly no idea how any of this could hold up in court, but what do I know.
Let's say I'm driving from A to B and the police stops me with a trunk full of heroin.
I'm supposed to argue that if they'd only searched drivers travelling from A to C they'd find trucks full of cocaine instead?
Maybe that's true, but I'm still breaking the law.
You could argue that police attention should be more distributed. But surely "reasonable grounds" for a search should be measured primarily on the basis of the "hit rate".
I live in a dense European city, and the other day I was driving down a busy road at a certain time of day, and was made to undergo a breathalyzer, along with anyone else going the same route.
If I'd failed the test, would I have been the subject of injustice?
After all it would probably be true that had I been driving drunk I'd likely have gotten away with it if I was driving in a more rural area.
Now, in the case of the article an AI system accurately predicted a crime being committed.
So, to extend that to my example: If the police hadn't tested me at all, because they could have used some AI system to spot that I wasn't driving like a drunk person, we'd all be ... worse off?
Surely such systems could benefit everyone. They'd be better at ignoring the law-abiding, and be more effective at catching criminals.
Note that there is no brake on this at all, not even in principle. You could be followed from the cradle to the grave by technology and if it gets it wrong the onus will be on you to prove that. That's what you get when you start with the assumption that everybody is guilty. Your breathalyzer results are the result of a fairly simple bit of chemistry, one that is reliable enough in practice to have a low enough number of false positives that it is deemed acceptable, and in case of a positive test there is a backup test to ensure that a false positive doesn't lead to detrimental effects.
AI based mass surveillance starts out from the premise that if you make everybody a suspect and then filter out the 'good people' all you are left with is the bad apples. But that is not how law enforcement is supposed to work. It's possible that you would like to change the whole presumption of innocence concept. But until that is the case any kind of surveillance should be specific and limited in scope as much as possible so that ordinary citizens can live their lives unobserved by the authorities.
I recognize the power of utilitarian arguments, but they are a very bad idea when you start basing your law enforcement rules of engagement on them.
There are people that can make these arguments far more eloquently and from a more informed perspective, so I'd like to close with a link to an article about this that may help shed some more light on this.
https://harvardlawreview.org/print/vol-126/the-dangers-of-su...
There are many more like it but this is a pretty good starting point.
> Such an increase in capability turns the whole principle
> of policing on its head.
Another way of looking at this is that we're getting a computer-assisted regression back to the historical norm. If I lived in a small village I'd probably be waived through a breathalyzer checkpoint, as it would be well known that I don't drink.Similarly the local cops would know who's acting suspiciously in a manner similar to the subject of the article, and would have pulled him over via traditional policing methods.
> [...]That's what you get when you start with the assumption
> that everybody is guilty.
I think there's a clear line to be drawn between systems being discussed here, which are inferring things about your behavior in public, v.s. the more slippery slope of Minority Report-style thoughtcrime. > [...]so I'd like to close with a link to an article about[...]
Thanks, yeah I'm quite familiar with them. I'll just note that there's a bit of a prevailing difference in philosophy between the US & European perspective on this. I happen to like the American one better in principle, but whenever I visit policing seems to be more intrusive in everyday life as a practical matter.So I'm not interested in continuing the argument.
I'll only note that at the start of this thread I raised a question that's entirely orthogonal to this. I.e. whether you agree with (to use your words) the "assumption of guilt" or not, it seems like an odd hill to die on to claim that such a system (or lack of one) is injust if it's not equally rolled out to the entire population, and all socioeconomic groups.
It isn't equally rolled out to to all socioeconomic groups because 'criminal behavior' automatically disenfranchises the poor and the people of color (or both) because they are more likely to engage in such behavior. This is exactly why the 'war on drugs' really is the 'war on blacks'. A war on crime would be no different.
But since you are not interested in continuing the argument we'll let it rest, but it does make me wonder why you started it in the first place.
https://www.csmonitor.com/USA/Justice/2015/0127/US-car-spyin...
But I am a huge fan of speed cameras from a public safety perspective. Excessive speed is a huge contributing factor in accidents yet I rarely see it enforced. There’s no point in having a law if it’s only going to be enforced against the poor or minorities. I don’t see it as a privacy violation since any person can plainly see you’re speeding.
I’m also in favor of more cameras to catch criminals. The first order effect of this is immediate: fewer criminals are around to crime. The second order effect is that fewer crimes will be attempted as the chance of being caught and punished approaches 1. This actually decreases the amount of police work that has to be done.
Having cameras is effectively the same as having a police officer. Except cameras don’t shoot people, and footage is a lot more reliable than sworn testimony.
Obvious photography jokes aside, this seems like a case of bad police training, or excessive guns in the US causing police to need to 'shoot before being shot'.
If someone is looking a bit dodgy standing outside a kindergarten, I'd absolutely want "predictive policing" to go have a chat to the guy. May just be a case of someone excessively caffeinated waiting for their kid, in which case no foul.
However the appearance of the police keeping on top of things deters others from committing actual crimes. I'd rather police prevent abductions than solve them.
For crime there’s some evidence it might have a deterrent effect on property crime and drug crime.
There is very little evidence to show that it has had any effect on violent crime, public disorder offences, and the like.
There’s also an argument that over-reliance on cctv has reduced the kind of policing people most favour – community policing.
The government has recently banned Hikvision cameras (one of the most ubiquitous brands) from its buildings over concerns about the Chinese company’s use of data and their role in the oppression of Uyghur Muslims in Chinese state run “re-education camps”.
Cameras can be useful in certain circumstances, but their efficacy is often overstated, and there are many downsides.
It's only a matter of time until that becomes required (like the backup cameras became required in 2018 for example), and then it's only a matter of time before accurate / GPS positioning becomes part of the "required telematics" that get automatically shared with authorities (in addition to data brokers, advertisers and so on).
But there's no law saying you can't disable the backup camera.
In other words, drug traffickers probably follow patterns typical for a larger subset of the population, which in of itself is not an indicator of guilt.
The closest thing seems like "searches and seizures". But none of that seems to be happening. That would probably be applicable if it was deployed on private roads or something.
Or maybe there's some other part of the constitution you had in mind.
That itself would be unconstitutional. There is also the "spirit of the law" which is "you're not allowed to go digging around to find ways to violate these rights by inventing outlandish schemes that no one could imagine in the late 1700s".
When technology has no other effect than to cause the same result that might be accomplished by hiring billions of cops to watch everyone, then that effect itself is, without a doubt, unconstitutional.
> I don't think the constitution would prohibit hiring billions of cops, if
Why, though? That's the real question. Do you think the point of it was to just create a few hoops for the authorities to jump through, maybe for shits and giggles?
Why do you think this?
Which part of the Constitution would this violate?
> Why, though? That's the real question. Do you think the point of it was to just create a few hoops for the authorities to jump through, maybe for shits and giggles? Why do you think this?
I'm going to assume good faith on this question. The US Constitution mainly applies to the Federal government. The vast majority of these police units are at the state and local levels. The US Constitution enumerates the powers of the federal government, and then delegates all the remaining to the States.
We can agree that if the system was very poorly made and flagged 90% of drivers, then the flagging wouldn't constitute "probable cause" in a legal sense... so how good does the system have to be before we're willing to accept searches based solely on the system's recommendation?
See: https://en.wikipedia.org/wiki/Right_to_privacy#United_States
Also, The search part, and perhaps even the inspection of cars using the cameras, may be considered "unreasonable search" of the kind forbidden in the 4th amendment to the US constitution.
Still, remember that both law and policy are made by the state and applied by the state, in the service of state interests, which overlap the interests of subjects only to a limited extent. The US government already basically wiretaps most people's private communications (via Google, Apple, Yahoo, Microsoft etc. - Snowden revelations) - so why not spy on people on the roads?
Google civil asset forfeiture.
But I wasn't talking about that.
>The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
>The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
That prohibits unreasonable searches, but can the AI define what counts as "reasonable"?
China may well get there first, (if they aren't there yet) and we'll get to see how doable this is, I really fear the worst.
The famous paraphrase does (so far) appear to be correct: the arc of history bends towards justice.
The next bad government to come to power in the developed world may well be the last.
All of these fancy AI systems rely on the sensors on the ground in your community (aka those solar panel + webcam pole combos randomly scattered about). It would take some teenagers on bikes one weekend to cripple a municipal minority report network. Sensors on major roadways are more difficult to tamper with, but not a whole lot of our land is a major roadway so that's not a huge deal.
Some even argue all of our modern infrastructure will fail on its own despite our best efforts. Complexity is a hell of a thing. A tiny bit of brute force applied might be all it takes in the end.
This device might only get 1 or 2 uses without recharge, that'd be ok. But I'd like for it to be light enough to be carried by drone. And if somehow they could be programmable to sound like different calibers, even better.
They could just go out on night missions, running the cops ragged.
The second amendment says no, not really.
Spoiler: we're the frog.
"Sorry, Joe, but our AI says you will commit a crime sometime in the near future. So we have decided to charge, convict, and sentence you to 10 years."
The only difference here is a ticket isn't sent in the mail or an officer showing up at the door.
Your comment would be fine without that first bit.
Essentially parallel construction. Know their perp from other means, make dog alert on it, continue to abuse your power.
They alert when their owners want them to, and make a mockery of the 4th.
In Capitalist America, traffic stop AI chase your car and has police get you.
... hmm, not quite there :-\