Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I agree that such a government agency would be dystopian, but not that it is a logical extreme of a consent based right to privacy. Quite the contrary such an agency would be in violation of the right as it spies on all public interactions. Yet I am not surprised you radicalize a negative liberty of freedom from harassment by a malicious film crew, towards an intrusive government agency that ensures their absence. Consider the right to not be subject to violence, which you hopefully agree we have, and tell me, where is my government issued bodyguard ensuring absence of harm 24/7? I can claim a right, demand others limit their actions in respect of it, sue them if they violate it, and likely win, without needing a totalitarian surveillance state. But you can't win trial against a malicious film crew, if you have no right to privacy in the first place.

Let's meet in the middle, at "freedoms end where rights begin". For most interactions this balance is kept not by a government agency, but by the people respecting each others rights. The censor that decide if it is appropriate in real time is not part of some government agency, it is the little voice of moral and reason in your head that says "don't punch him in the face" and, if you get my drift, "don't film at a nude beach". The government steps in after people sue.

I bring the european understanding of a human right to privacy based on consent into this discussion, as a consideration about limiting the right to film, as a counterpoint to your "even creepers have a right to be there and film.", which you made as the devils advocate and which is true, but ignores the creepers disrespect for the right to privacy of those they film. The american interpretation is that humans have no right to privacy in public spaces, at all, that the creepers freedom to film is unrestricted in such a situation because privacy only exists behind closed doors and drawn curtains. This further means the creepers right to sell the content to distributors is unrestricted and their right to edit and frame this material is unrestricted, without any consent of he people filmed, because in an american public space their human right to privacy is non-existent. In the post I answered to, you reinforced this by claiming a person going to a public space makes a statement, implying consent. I reject that. There is a fundamental difference between using the commons and consenting to be exploited. I think the american threshold of where one sides freedom ends and the others sides rights begin in this matter is unfit for postmodern times where cameras have become cheap and omnipresent and publishing of the filmed material turned into a big market.

The american understanding of privacy comes from a time when the discussion was about being seen by neighbors, not about being filmed and published on the internet for millions to gawk at. Had the founding fathers bathing nude in a public lake not only implied that some fellow people present there could see them, but that pictures and videos were being made available on the world wide web, the concept of privacy in the bill of rights may be very different. Times have changed, technology changes possibilities and the evaluation of the freedom to do whatever you want in respect to other peoples rights to not be subject to whatever someone else wants must change with that as well.

As a moral and constitutional framework, i prefer consent based privacy above curtain based privacy.



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: