Debating this specific dossier ignores the larger issue, IMO:
> MSG has deployed facial recognition technology since 2018 to identify people entering the venue. MSG’s facial recognition systems have been used to block entry to the stadium for all sorts of people. The list includes lawyers who work at law firms in litigation with MSG, even if they are not part of the litigation themselves; and potentially a man who once made a shirt that criticized Dolan.
> The document was included in a 45GB cache of data hackers stole from MSG and posted online this month
MSG management is not only misusing facial recognition data, they're also so inept as to store it insecurely in a way that violates their own customer's privacy.
We need laws around this stuff. And in the meantime NYC should start playing hardball: if they're going to arbitrarily block people from entering MSG based on corporate vendetta then they need to lose their tax exemption (well, they should anyway...)
https://reinventalbany.org/2023/02/watchdog-supports-state-b...
The stadium pays no property tax. Its a bummer some enterprising pro-bono lawyer hasnt bullied some clever points of leverage onto city subsidized projects that strip some of the god-like powers to deny access from these places.
On a personal note, James Dolan seems universally disliked by staff, fans and regular people alike. It's almost impressive.
> MSG management is not only misusing facial recognition data
This is making a huge assumption that the goal was ever safety.
> then they need to lose their tax exemption (well, they should anyway...)
I'm 1000% in favor of not having a tax exemption for this business, it's idiotic to give them one in the first place, but I disagree that the exemption should be used to pressure them here. For one thing, that means if they comply with those demands, then they keep the exemption they shouldn't have.
I fail to see how a ban on facial recognition altogether is something we need laws for. Any private entity deserves to keep out whoever they want. Who cares if it's by having a bouncer at each entrance with pictures of all the 'personae non gratae' or with a camera? "Going to a Knicks game" is not a protected constitutional right, and I fully support everyone's right to not give MSG or the Knicks or Rangers your money whether it's because you hate facial recognition or just hate this Dolan guy, or whatever. But when you go into a private home or business, I think they do have the right to (as long as it's disclosed) take your picture and also to throw you out.
FAQ: Do I think Dolan is being petty or paranoid by banning every lawyer from the firm suing him? Sure, but that's his loss. I don't want to create a precedent that I have to invite you into my private property, and can't deny you entry for your past behavior, or because I don't like who you associate with.
We created laws, that I agree with, saying you can't ban whole protected classes like races from 'public accommodations' (private businesses that are generally open to the public) This isn't that though. It's individuals who are not welcome.
> We created laws, that I agree with, saying you can't ban whole protected classes like races from 'public accommodations' (private businesses that are generally open to the public)
The Supreme Court found these laws to be constitutional by finding them to be an application of Congress's power to regulate commerce. Congress can ban discrimination based on protected characteristics because such discrimination negatively affects commerce.
That same reasoning permits Congress to ban discrimination based on other factors, so long as it has a negative impact on commerce. For example, if operators of popular public accommodations try to evade legal liability by banning law firms who sue them from their property, such evasion can be said to have a negative impact on the economy. The commerce power is very broad, and it seems pretty easy to make an economic case against such practices.
That may very well be so, but you've not mentioned how or what that case would be. For example, how does it prevent a law case, or liability, if said lawyers can't visit the property.
One could say the same thing about the inside of my home, or being on my land. No I don't have to let a lawyer in or around my land, but they can get a court order (with sufficient evidence).
I'm not going to expect you to lay out the legal reasoning, because I know you were making a point, and we don't all have time to spend hours firming up that point for an internet comment. But at the same time, I'm just saying, I don't see the way it's impacting the economy with a small collection of lawyers.
The unfortunate thing here is, most judges used to be lawyers, and of course lawyers arguing the case would be ... lawyers. So to get a truly impartial case, we'd almost need non-judges and non-lawyers to handle this case start to end.
It discourages potential lawsuits. If companies retaliate by banning entire law firms from accessing popular venues, that's going to discourage people from filing otherwise meritorious lawsuits against the venues. The difference between MSG and your house or your land is that the Nicks don't play at your house.
Just so you are aware, 'rayiner' is a pretty well known bad-actor on this site, for what it's worth. They openly discuss how they support policies based on the goal of hurting Americans they don't like, and have a demonstrated pattern of obnoxious behavior intended to frustrate. You are unlikely to actually have a productive exchange with this person.
> Who cares if it's by having a bouncer at each entrance with pictures of all the 'personae non gratae' or with a camera
It's a tad harder to remotely compromise the banned people database (again) with a few bouncers
If you made a list of all the people you hate with their pictures, should government regulators be involved with where you keep it and how you safeguard it? I don't feel like I would care even if I was on the list.
In the EU, that list would be regulated under GDPR. Just as any other list with people on it. You would be allowed to have it, but storing it insecurely or giving people who don't need it access to it would be a violation
not if you put it in a google doc so all your bouncers have easy access to it and you can update it anytime
I dislike that legal arguments often fail to distinguish cases where scale or speed create something transformative in themselves. Yes you could keep a few people out of a small venue, but good luck keeping a list of 1000 people out of a stadium. The tech creates new powers for large entities able to deploy it that aren't countered by any capacities gained by individuals and small groups. The argument should be made on the basis of what this tech enables itself and not by reference to some old tech that had different consequences.
> they need to lose their tax exemption
Easy, easy! Are you proposing that venerable people should get less breads for the circuses they provide to plebs?
Banning lawyers who are currently engaging in litigation against MSG is prudent, not a vendetta. Banning fans who have thrown objects on the court/ice or fought with security for life is entirely defensible. Banning some vocal critics is not really defensible (and if they barred all the critics of James Dolan Knicks games would be empty), and I'll concede that.
The context of the tax exemption is 1) NYC budget is ~$125 billion, $43 million does not move the needle; 2) The NY Jets and NY Giants play across the river in Jersey. No mayor wants to preside over losing Knicks and Rangers.
The lawyer they banned was not engaging in litigation against MSG. She was part of a large firm (with more than 1000 lawyers) where another lawyer was working on litigation against MSG. Like imagine if Google sued Live Nation and then anyone working for Google was banned from Live Nation venues and Ticketmaster.
As a private business, I don't see why he can't ban people because of their astrological sign, their bad taste in pizza, or any other thing other than membership in a protected class.
The tax exemption shouldn't exist at all, and the states in the surrounding area should make an interstate compact to put an end to that nonsense by imposing minimum tax burdens for sports teams based on total revenue. The amount of tax avoidance (by some of the most profitable companies in the country) made possible by playing one place against another is crazy.
>Banning lawyers who are currently engaging in litigation against MSG is prudent, not a vendetta.
That's not what he did though