Chatrie’s reply brief makes a crucial point here. The government argues that it can track anyone’s location at any time in the past, for no reason, so long as it does not collect more than 7 days’ worth of total data. I argue against that here: papers.ssrn.com/sol3/papers....
the penne opticon
Interesting piece arguing that data brokers who sell to government agencies are state actors. I'd just add that the government entities who purchase data from brokers are (obviously) also state actors to whom the Constitution applies.
Proud to join @daniel-solove.bsky.social @pamelasamuelson.bsky.social @hartzog.bsky.social @ariezra.bsky.social @aliciasn.bsky.social @thomaskadri.bsky.social Shoshana Zuboff and many others in signing on to this important brief.
We filed an amicus brief in Chatrie v. US, which will argued be at SCOTUS in two weeks. Check it out here: papers.ssrn.com/sol3/papers....
SCOTUS might punt on the search question in Chatrie. But my prediction is they'll find a search here, and they'll split over the rationale, with 3-4 Justices finding a Carpenter search and 1-3 finding a quasi-property search.
Just received @profferguson.bsky.social's new book, I'm excited to read it!
You can get it here: nyupress.org/978147983829...
Forgot to post this: Our article on the Good Faith Exception is out in final form in the Georgetown Law Journal!
www.law.georgetown.edu/georgetown-l...
Forgot to post this: Our article on the Good Faith Exception is out in final form in the Georgetown Law Journal!
www.law.georgetown.edu/georgetown-l...
Now on SSRN, I review Orin Kerr’s new book, The Digital Fourth Amendment, for the Michigan Law Review.
papers.ssrn.com/sol3/papers....
Can the government use big data to go back in time to examine your movements? My new essay, forthcoming in Florida Law Review, explains how to analyze retrospective surveillance, with a focus on geofences and tower dumps.
papers.ssrn.com/sol3/papers....
Can the government use big data to go back in time to examine your movements? My new essay, forthcoming in Florida Law Review, explains how to analyze retrospective surveillance, with a focus on geofences and tower dumps.
papers.ssrn.com/sol3/papers....
The government's brief is here: www.supremecourt.gov/DocketPDF/25...
The government's brief in Chatrie leans heavily on the idea that 2 hours of geofence location tracking is less invasive than 7 days of cellphone tracking. And it is. But with retrospective surveillance, people are subject to surveillance for years, not just 2 hours.
papers.ssrn.com/sol3/papers....
Amplifying what I call a pretty darn good, quick, concise, straightforward response.
Thanks, Matthew.
Also available here, direct from the publisher: global.oup.com/academic/pro...
thank you @michlawreview.bsky.social
I reviewed Orin Kerr’s new book, The Digital Fourth Amendment, for the Michigan Law Review: papers.ssrn.com/sol3/papers....
I agree with parts of the book and disagree with others, but wherever you land on these issues I recommend reading the book, which you can buy here: amazon.com/Digital-Fourth…
Thanks very much to @mtokson.bsky.social for his review of "The Digital Fourth Amendment," and the longer review of it forthcoming in the MLR book review issue.
www.lawfaremedia.org/article/four...
You can buy the book here: www.amazon.com/Digital-Four...
I have a book fund here and I just requested it be used to buy this - looking forward to reading!
Book launch day! “Your Data Will Be Used Against You: Policing in the Age of Self Surveillance” is out.
Bluesky friends, I would be so grateful if you would buy a copy. And if you can’t afford it, could you at least share this announcement. Thank you. #BookSky
politics-prose.com/search?q=You...
I just posted a new essay, forthcoming in the Florida Law Review, on Retrospective Surveillance. It focuses on geofence searches and how to assess them, in anticipation of the upcoming huge Supreme Court case on geofences.
Check it out: papers.ssrn.com/sol3/papers....
I just posted a new essay, forthcoming in the Florida Law Review, on Retrospective Surveillance. It focuses on geofence searches and how to assess them, in anticipation of the upcoming huge Supreme Court case on geofences.
Check it out: papers.ssrn.com/sol3/papers....
As the Pentagon and Anthropic clash over fully autonomous weapons and AI mass surveillance of Americans, it's a good time to think about how the law can address AI mass surveillance and AI use of force: papers.ssrn.com/sol3/papers....
As the Pentagon and Anthropic clash over fully autonomous weapons and AI mass surveillance of Americans, it's a good time to think about how the law can address AI mass surveillance and AI use of force: papers.ssrn.com/sol3/papers....
Congratulations Beau! Keep up the excellent work.
Scoop: Ring's CEO told staff Search Party is not going to be just for dogs, according to a leaked email I obtained. Said it is "first for finding dogs" before suggesting it would be expanded to be used for crime:
www.404media.co/leaked-email...
The constitutionality of government purchases of private data is going to be very important if Ring's strategy is to privatize pervasive camera surveillance. Here's an article I wrote about it: papers.ssrn.com/sol3/papers....
