Like it or not, the other team get to play lawyer too. Flock's argument is almost certainly along the lines of "If we had police officers stationed at all these intersections writing down license plate numbers, no one would bat an eye at it. Why is a camera any different?"
We know why it's different of course: scale. But there was never a general principle about scale and automation articulated in the Constitution because it just wasn't a thing to worry about in the 1700s.
We're left to hope that courts agree that just because something is okay for one police officer in one place to do, that doesn't mean the police department can perform that same task a thousand times in a thousand places with a thousand machines and still have it be okay.
We know why it's different of course: scale. But there was never a general principle about scale and automation articulated in the Constitution because it just wasn't a thing to worry about in the 1700s.
We're left to hope that courts agree that just because something is okay for one police officer in one place to do, that doesn't mean the police department can perform that same task a thousand times in a thousand places with a thousand machines and still have it be okay.