To be clear, many of the commission’s recommendations are beyond the ability of any president to implement alone. Congress could refuse to go along, and local governments could use the courts to protect their autonomy. And of course, a judge has halted the commission’s work for now. But the last four years have shown that our institutions and norms are far weaker than many realized. Even with dedicated resistance from inside institutions, legal challenges have been able to slow, but not prevent, the current administration’s cruelty.
[...]
[T]he recommendations calling for the destruction of privacy protections are perhaps the most alarming. The commission recommends providing America’s roughly 18,000 law enforcement agencies, from small town departments to the New York Police Department, with more money for facial recognition technologies. Because federal agencies can set the reporting requirements and selection criteria for funding to local law enforcement, they often require data sharing. In this case, that could result in data collected at the local level being entered into a national database.
[...]
“One hopes that recommendations this hostile to privacy and police accountability would not find traction outside the confines of this toxic Commission,” Prof. Christy Lopez of Georgetown Law, a former Justice Department Civil Rights Division attorney who investigated police departments, told me. “But the fact that this administration would even put forward a set of recommendations so antithetical to democratic principles, all in an effort to maintain a policing status quo that the vast majority of Americans agree must be changed, is reprehensible.”
NYT
And it will automatically have the support of every - or nearly every - Republican Congress person. All of whom would have thrown a fit had it come from a Democratic administration. It will also have the support of 35% of the electorate - Trump supporters, who think it won't be used against THEM.
According to Tracey Meares, a professor at Yale Law School, if the recommendations became law, the consequences should worry all of us. With the support of a sympathetic judge, law enforcement would face a lowered barrier to searching the contents of your phone, or adding photos of you and your friends to a nationwide facial recognition database. If the officer used excessive force in the process of obtaining that phone and claimed qualified immunity as a defense, the federal government would be obligated to regularly affirm their support for that officer’s defense regardless of the evidence.
It’s not a full-fledged surveillance state. But it’s not far off.
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