by grayhatter | 2025-09-26 16:33:57+00:00
You don't deserve the down votes you're getting for this clearly thoughtful comment.

You're wrong in a number of ways, and to me it reads like an unintentionally shallow take, built up more from cliches over deeper understanding. But it's still well above average or engagement and insight of the average HN comment, thank you for writing it.

> First of all, I think that this instinct to fine-'em, screw-'em, etc. is profoundly authoritarian.

It's not authoritarian, simply because when it's the citizens angry about some group acting against their interests, who've elected to ignore a reasonable and lawful order from the operations group of their elected officials. It might be dangerous, or needlessly hostile, or the result of toxic rage. But it's not authoritarian.

> Secondly, in this case, this is an act of the executive branch. Specifically it is an executive branch attempting to terminate a contract with the company. It is not a company attempting to spy on private citizens by installing cameras against the law. It is a company attempting not to be ousted out of a contract with the government.

Except, that's exactly what they are doing. Flock is a privatized spy agency, who's been told by a city and it's population to "go away" They did, but then without explaining their actions, they reinstalled spy equipment. If it was as simple as not wanting to be ousted from a contract, there's contract law. They can collect the full amount, plus any damages without reinstalling the spy equipment they were already caught using to violate state law. Given they've already proven they're willing to violate state law, what would you say the operations branch *should* do? Roll over and say, you got us, keep spying on our citizens against their interests!

> "The law", in spite of what cop movies might have you believe, is not the executive branch, but the legislature. And private citizens and private corporations are simply not required to follow the orders of the executive, unless the executive has a piece of paper signed off by the legislature which states that the executive has a right to issue the order.

This is technically true as in accurate, but it's not applicable to this story. This private company had a contract with the city, they violated the law to the detriment of the people while exercising the benefits provided by that contract. That's reason enough for the city to terminate the contract and demand the other side to comply and relinquish the previously granted contract benefits.

While originally they seemed to be complying, but then reversed course and caused more damage to the city. This is clearly (to me) bad faith behavior, and deserving of additional punishment, the other comments you are chastising, with takes that are charitably described as shallow, are only enumerating common punishments they they feel would compell pro-social behavior from CEOs and companies. Two groups that have proven to be very resistant to acting in a pro-social way.

> Not at all. If they are wrong, they will be punished for not following the orders, including every extra day that the cameras stay up. But if they are right, they cannot be made to follow an illegal order, at any point.

You're simply wrong here. The only loss this company can show, is the contractual payments. The invasion of privacy and loss of safety felt by the citizens can't be cured by more money as easily as the losses the private spying company might incure. Thus while waiting for the court judgment, the company should be the party to bear the restraint.

Additionally they can't violate state laws to make money. Which they did and are still doing. Their agreement with the federal government I assume is contract and payment based, and they weren't served with a warrant to reinstall the cameras.

> Not at all. They can get, either as part of the trail, or outside of it, a court order, to get those cameras down. Not following a court order is actually something that can get you arrested, etc. and I doubt any business would risk that. But that means the judge must decide that it is in the community's best interest for those cameras to be down, instead of up, during the trail proceedings. And he may not decide that. He may decide the opposite, or that it doesn't matter.

The operations side of the government can also ask and make demands. And if Flock cared about their public image they would comply eagerly. If they cared about protecting what the citizens wanted, they would comply eagerly. If they didn't want to be the bad guys in the story, they would comply eagerly. Contacts can be amended through the agreements of both sides. Flock might have had a chance to pretend they were acting in good faith, but reinstalling the spy cameras they removed without a clear public explanation absolved them of any good faith.

> Again, the system being fair and working as intended. Not the executive doing whatever it wants.

The system was built to serve the needs and desires of the people who live within the government and society. No matter what you or Flock feel like contract law should let them get away with, is irrelevant to if the system is working correctly. Flock is acting outside the interest of the society they're spying on. Rules lawyering doesn't mean that the system is working.