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| GeoCommunity Mailing List |
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| Mailing List Archives |
| Subject: | Re: GISList: Isn't she supposed to be an environmental |
| Date: |
07/22/2003 12:45:01 PM |
| From: |
Harsh Prakash |
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A "reasonable expectation of privacy" is an excepted argument (it is used e=
sp. w.r.t. fourth amendment cases, and sometimes, such cases have been trig=
gered even when the observation vehicle is at a position where it has the r=
ight to be).
Very crudely put, if a person completely owns a closed dwelling and takes a=
dequate precautions to keep her bedroom private, then she creates a "reason=
able expectation of privacy" that the "society is willing to accept". In su=
ch a case, if someone uses hi-tech equipments to penetrate and scan the ins=
ide details of her bedroom (certainly not the case here) without explicit p=
ermission or authorization, then he takes away something from her "bundle o=
f rights" (note that if a person buys an open house, say, in the center of =
Times Square, NYC, then he may not claim a =93reasonable expectation of pri=
vacy" for obvious reasons).
> Not an issue, because if it is viewable from a public space it is, by def=
inition, not private.
...Interesting argument. But there may be more to it- for one, we cannot be=
expected to completely cover our houses. The key here may be just how much=
private details do the photographs reveal, details that the property owner=
took pains to hide- sensitive details that were later openly distributed.=
=20
Since the focus was on the coastline, the photographer has little to worry =
about and the case may just get thrown out.
Hopefully, map-making would enjoy a "good-intent" protection. However, not =
knowing all the facts and arguments, I certainly can NOT claim how well the=
arguments apply to such cases. These are just some general questions to in=
form our discussion.
Harsh
PS: Then again, just how relevant are the intimate details of someone's hou=
se, if there were any, to a coastline monitoring project? And what if, say =
a fishing business along the coast, claims that its trade-secrets get revea=
led by such photographs, photographs which can then be used by competing bu=
sinesses?
PPS: "...expectation of privacy is either inherently reasonable or it is in=
herently unreasonable" (O' Conner).
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