Ok. But that would also be invasion of privacy. If the property you rented out was being used for trafficking and you don’t want to be involved with trafficking, then the terms would have to first explicitly set what is not allowed. Then it would also have to explicitly mention what measures are taken to enforce it and what punishments are imposed for violations. It should also mention steps that are taken for compliance.
Without full documentation of compliance measures, enforcement measures, and punishments imposed, violations of the rule cannot involve law enforcement who are restricted to acting on searches with warrants.
> If the property you rented out was being used for trafficking and you don’t want to be involved with trafficking, then the terms would have to first explicitly set what is not allowed.
I don't believe that's the case. You don't need to state that illegal activities are not allowed; that's the default.
> Then it would also have to explicitly mention what measures are taken to enforce it
When Airbnb used to allow cameras indoors, they did -- after some backlash -- require hosts to disclose the presence of the cameras.
> ... and what punishments are imposed for violations.
No, I don't think that is or should be necessary. If you do illegal things, the possible punishments don't need to be enumerated by the person who reports you to the police.
Put another way: if I'm hosting someone on Airbnb in the case where I'm living in the same property, and I walk into the kitchen to see my Airbnb guest dealing drugs, I am well within my rights to call the police, without having ever said anything up-front to my guest about whether or not that's acceptable behavior, or what the consequences might be. Having the drug deal instead caught on camera is no different, though I would agree that the presence of the cameras should have to be disclosed beforehand.
In Google's case, the "camera" (aka CSAM scanning) appears to have been disclosed beforehand.
>Without full documentation of compliance measures, enforcement measures, and punishments imposed, violations of the rule cannot involve law enforcement who are restricted to acting on searches with warrants.
In the case of in-progress child abuse, that wouldn’t require a warrant as entry to prevent harm to a person is an exigent circumstance and falls under the Emergency Aid doctrine. If they found evidence or illegal items within plain view, that evidence would be permitted under the plain view doctrine. However, if they went and searched drawers or opened file cabinets, evidence discovered in that circumstance would not be allowed (opening a file cabinet isn’t required to solve the emergency aid situation typically.)
What’s really fascinating is that Children Protective Services acts as if they never need a warrant even if there is not an exigent circumstance. To my knowledge there hasn’t been a Supreme Court case challenging that and circuits are split. Interesting reading about that if anyone is interested:
I could easily see an AirBNB owner calling the cops if they saw, for instance, child abuse happening on their property.