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Did Super Bowl cameras used by police violate the law?



[The Washington Post article on this 
(http://washingtonpost.com/wp-dyn/articles/A9757-2001Jan31.html) dismissed 
the Fourth Amendment problems a little too glibly, I think. --Declan]

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>Date: Thu, 1 Feb 2001 11:44:50 -0500
>To: declan@well.com
>From: Marc Rotenberg <rotenberg@epic.org>
>Subject: Re: FC: Cameras at Super Bowl scanned faces looking for criminals
>
>I think there is a reasonably good argument that this
>was an unconstitutional search. Keep in mind that this
>involved a (1) search by means of an enhanced sensory
>device that (2) identified known people (3) that was
>operated by law enforcement (4) without a warrant,
>probable cause or exigent circumstances. The ACLU really
>should file.
>
>Marc.

**********

>Date: Thu, 01 Feb 2001 12:53:17 -0500
>To: emmanuel Goldstein <emmanuel@2600.COM>
>From: e cummings <bernies@netaxs.com>
>Subject: facial recognition software used by authorities at super bowl
>Cc: Lazlow <lazlow@lazlow.com>
>
>i've heard the secret service uses this in some crowd situations to spot 
>people on their list.  no doubt it will be used more frequently in the 
>future, with cameras all over being networked to alert law-enforcement 
>whenever anybody they're looking for happens to be within camera range...

********

>From: terry.s@juno.com
>To: declan@well.com
>Cc: politech@politechbot.com, trigaux@sptimes.com, info@viisage.com,
>         wk@c4i.org, rotenberg@epic.org
>Date: Thu, 1 Feb 2001 13:52:11 -0500
>Subject: Re: FC: Cameras at Super Bowl scanned faces looking for criminals
>X-Mailer: Juno 4.0.11
>
>In doing some research for an electronic design project, it struck me
>that the technology now exists in electronic smart cards (see
>www.atmel.com and review 89SCxxxx and 90SCxxxx ASIC's, and RF interface
>cards, or their European competitors) to implant a chip inside an almost
>mandatory card, like a driver's license, or in a store shopping card,
>such that the presence or passage of an individual through a portal could
>be monitored without that individual realizing he was being tracked.
>This would be similar to what's done with "pay at the pump" cards or toll
>electronic speed passes, but could be hidden from view and tracked
>without the card bearer realizing that his wallet could be inspected
>without ever leaving his pocket.
>
>How many and which states are complying with Federal "carrot and stick"
>coercion to include Social inSecurity numbers on state driver's licenses,
>but coding them in non-visible manners so as to not scare license holders
>into thinking they're being tracked by arguably illegal use of such
>SSN's?
>
>We're not approaching 1984.  We're past it.
>
>
>Terry

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