Law in the Internet Society

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CliftonMartinSecondEssay 9 - 16 Jan 2025 - Main.CliftonMartin
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Balancing Rights and Responsibilities

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The differences and relationship between civilian and police “workplace” surveillance emphasizes the need for an approach that prioritizes accountability and privacy. Civilians have a constitutionally protected right to record public officials in public spaces, as established and upheld in cases like Glik v. Cunniffe. This right is essential to checking the misuse of government power and holding law enforcements accountable for misconduct and brutality. At the same time, while bodycams promote accountability, this type of workplace surveillance of police must be carefully regulated to align with police unions that advocate for officers’ privacy rights and limits overreach.
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The differences and relationship between civilian and police “workplace” surveillance emphasizes the need for an approach that prioritizes accountability and privacy. Civilians have a constitutionally protected right to record public officials in public spaces, as established and upheld in cases like Glik v. Cunniffe. This right is essential to checking the misuse of government power and holding law enforcement accountable for misconduct and brutality. At the same time, while bodycams promote accountability, this type of workplace surveillance must be carefully regulated to align with police unions that advocate for officers’ privacy rights and limits overreach.
 To address these challenges, policymakers should focus on creating clear guidelines for both civilian and workplace surveillance. For civilian recordings, laws should reinforce First Amendment protections and ensure that individuals can document public officials without fear of retaliation. For police bodycams, collective bargaining agreements should continue to govern the terms of use, ensuring that surveillance practices respect officers’ rights while providing transparency to the public. Policymakers should also consider the implications of bodycam footage for public trust, ensuring that it is used responsibly and not manipulated to obscure misconduct. Furthermore, police officers should be trained in effective de-escalation strategies to mitigate instances of misconduct and reduce the perceived need for civilian surveillance to hold them accountable.
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By clearly distinguishing between these two forms of surveillance, policymakers can create approaches and frameworks that promote accountability without compromising privacy, trust or the rights of citizens. Civilian and workplace police surveillance serve different purposes and operate under different legal contexts, and conflating them risks undermining the effectiveness of both.
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By clearly distinguishing between these two forms of surveillance, policymakers can create approaches and frameworks that promote accountability without compromising privacy, trust or the rights of citizens. Civilian and workplace police surveillance serve different purposes and operate under different legal contexts, and conflating them risks compromising the effectiveness of both.
 

Brief Reflection


Revision 9r9 - 16 Jan 2025 - 18:37:13 - CliftonMartin
Revision 8r8 - 16 Jan 2025 - 06:12:53 - CliftonMartin
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