by strgcmc | 2025-09-29 14:15:24+00:00
A purely technology-minded compromise to this question (aka how to support both the "good" and "bad" kinds of recording), is probably something along the lines of expiry and enforcing a lack of permanence as the default (kind of like, the digital age recording-centric version of "innocent until proven guilty", which honestly is one of the greatest inventions in the history of human legal systems). Of course, one should never make societal decisions purely from a technological practicality standpoint.

Since you can't be sure what is "bad"/illegal, and people will just record many things anyways without thinking too much about it --> then the default should be auto-expiring/auto-deletion after X hours/days, unless some reason or some confirmation is provided to justify its persistence.

For example, imagine we lived in a near-future where AI assistants were commonplace. Imagine that recording was ubiquitous but legally mandated to default into being "disappearing videos" like Snapchat, but for all the major platforms (YouTube, TikTok, X, Twitch, Kick, etc.). Imagine that every day, you as a regular person doing regular things, get maybe 10000 notifications of, "you have been recorded in video X on platform Y, do you consent for this to be persisted?", and also law enforcement has to go through a judge (kind of like a search warrant) to file things like "persistence warrants", and then maybe there is another channel/method for concerned citizens who want to persist video of a "bad guy" doing "bad things" where they can request for persistence (maybe it's like an injunction against auto-deletion until a review body can look at the request)... Obviously this would be a ton of administrative overhead, a ton of micro-decisions to be made -- which is why I mentioned the AI-assistant angle, because then I can tell my personal AI helper, "here are my preferences, here is when I consent to recording and here is when I don't... knowing my personal rules, please go and deal with the 10000 notifications I get every day, thanks". Of course if there's disagreement or lack of consensus, some rules have to be developed about how to combine different parties wishes together (e.g. take a recording of a child's soccer game, where maybe 8 parents consent and 3 parents don't to persistence... perhaps it's majority rule so persistence side wins, but then majority has to pay the cost of API tokens to a blurring/anonymization service that protects the 3 who didn't want to be persisted -- that could be a framework for handling disputed outcomes?)

I'm also purposefully ignoring the edge-case problem of, what if a bad actor wants to persist the videos anyways, but in short I think the best we can do is impose some civil legal penalties if an unwilling participant later finds out you kept their videos without permission.

Anyways, I know that's all super fanciful and unrealistic in many ways, but I think that's a compromise sort of world-building I can imagine, that retains some familiar elements of how people think about consent and legal processes, while acknowledging the reality that recording is ubiquitous and that we need sane defaults + follow-up processes to review or adjudicate disputes later (and disputes might arise for trivial things, or serious criminal matters -- a criminal won't consent to their recording being persisted, but then society needs a sane way to override that, which is what judges and warrants are meant to do in protecting rights by requiring a bar of justification to be cleared).