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> And that’s before we explore things like focused beam microphones

Let's drop that. Instead, let's remember that 20 years ago there was not an expectation that someone would be carrying a microphone and camera on them. It was also less likely that one could do so without you noticing. Not to mention the quality of those devices was exceptionally lower, making identification harder and requiring you to be in much closer proximity. Take that back just another decade and a camera needed to sit on your shoulder, making you easily identifiable.

A problem with a lot of these conversations is that they're using modern technologies and notions in reference to laws that were written well before these things. There is a big difference between a very small number of easily identifiable people who require large resources to record the public, doing so in low resolution, and the modern notion of trivially doing so, and in high definition. Not to mention the ease/cost of storage, ability to search, and share that we have today. The Overton Window has shifted so much that we're completely forgetting the landscape differences.




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