Simply, the scale of observation matters. Making observations at scale is categorically different than manual observations. And yes, there is a spectrum. But the important thing is that there is a difference between the ends of that spectrum.
The solution is to recognize that ease of observation interacts with expectation of privacy and legislate what can be done at each point on the spectrum. I have no expectation that someone won't take a picture with me in the background while I'm in public, but I would find it jarring to be filmed at every public location I went, have that video indexed to my name in a database, and have all my behaviors tagged. You write the law so that the latter thing is illegal and the former thing isn't. When there's a dispute about what's illegal, you have it resolved by the courts like every other law.
>Making observations at scale is categorically different than manual observations.
No it isn't. It's evidenced by the fact that you will need to decide some exact scale at which surveillance becomes illegal and under which it is legal
>When there's a dispute about what's illegal, you have it resolved by the courts like every other law.
Okay, but what ought they resolve to? That is what we are debating.
> need to decide some exact scale at which surveillance becomes illegal and under which it is legal
Surveillance of specified individuals should be allowed, but just random surveillance of the public should be declared illegal except for very particular events and purposes (e.g. searching people for entry to a music gig). If there is public surveillance in an area, it should be made clear with signs etc unless it's for the express purpose of locating specified individuals (e.g. tracking a criminal's movements on public transport).
No, you are simply wrong but ignorance of scaling properties is the spirit of the day.
I suspect in the future a word will evolve for the stupidity of believing if a person can walk 3 miles in an hour then that scales to walking 500 miles in a week.
The solution is to recognize that ease of observation interacts with expectation of privacy and legislate what can be done at each point on the spectrum. I have no expectation that someone won't take a picture with me in the background while I'm in public, but I would find it jarring to be filmed at every public location I went, have that video indexed to my name in a database, and have all my behaviors tagged. You write the law so that the latter thing is illegal and the former thing isn't. When there's a dispute about what's illegal, you have it resolved by the courts like every other law.