On Monday, the Guardian posted a piece about how Keith Bristow, director general of the National Crime Agency, thinks that citizens in the UK must give up more of their freedom for safety. Bristow says; however, that consent is important and that “consent is expressed through legislation.”
Back on the home front. New York officials allowed a company to put beacons in hundreds of phone booths around the city. New Yorkers were not told that these tracking/ad devices were being placed all over and had no opportunity to object.
If that isn’t infuriating enough. How about this.
Cops downloaded photos from a woman’s phone and then used them to set up a fake Facebook account without her knowledge. The account was used to communicate with suspected drug dealers that knew her. The pictures included one of her in her bra and underwear. They also included pictures of two small children – her son and niece. The government thinks it was totally entitled to do this, saying:
Defendants admit that Plaintiff did not give express permission for the use of photographs contained on her phone on an undercover Facebook page, but state the Plaintiff implicitly consented by granting access to the information stored in her cell phone and by consenting to the use of that information to aid in an ongoing criminal investigations [sic].
You see, the woman in question had been prosecuted for playing a minor role in some drug dealing (allowing her friends to keep things at her house). She cooperated in exchange for a light sentence. Much like the scum that thinks if you say yes to a date then you are saying yes to everything, the cops did what they wanted.
As I was talking about all this with @bcduggan, I started thinking about that affirmative consent law that they passed in California. And I started thinking about what that Bristow character said about consent. He is right. In the totally non-functioning “representative democracy” that we have, we are told that consent is expressed through legislation. If you want to change something, spend 10 or 20 years trying to get legislation passed.
In the meantime, whatever inconceivable violations people can think of that you have not managed to specifically legislate against will continue. Just don’t think about how, by the time you get that legislation passed, they will find more ways to abuse you. And if there is a power imbalance that puts the consent equation in the abusers favor – say the power of a cop or prosecutor or maybe a little roofie?
Well, she didn’t say no.