EPISODE · Apr 27, 2026 · 59 MIN
Andrew Guthrie Ferguson — Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance - with Rachel Levinson-Waldman
from Politics and Prose Presents · host Politics and Prose
Interrogates how digital self-surveillance can be turned against us by police, prosecutors, and political whimsFor consumers living in a digitally-connected world, smart technologies have built an inescapable trap of digital self-surveillance. Smart cars, smart homes, smart watches, and smart medical devices track our most private activities and intimate patterns. While these devices allow users to receive personal insights by monitoring their every move, that data can be accessed by police and prosecutors looking to find incriminating clues. Digital technology exposes everyone, everywhere, all at once and we have few laws to regulate it.In Your Data Will Be Used Against You, Andrew Guthrie Ferguson warns us of how the rise of sensor-driven technology, social media monitoring, and artificial intelligence can be weaponized against democratic values and personal freedoms. At the same time, that data will solve crimes, radically transforming how criminal cases are prosecuted. Ferguson explores how this proliferation of private data in combination with public surveillance networks promises new ways to solve previously unsolvable crimes but also leaves us vulnerable to governmental overreach and abuse. He argues for legal interventions that address the threat of digital self-surveillance and provides concrete suggestions about how legislators, judges, and communities should respond.As consumers, citizens, and potential subjects of surveillance, the questions in this book must be confronted now, before the trap of surveillance captures us completely. Providing a stark warning of the dangers of digital self-surveillance, Your Data Will be Used Against You is a defense of civil liberties against the growing threat of data-driven policing.Andrew Guthrie Ferguson is Professor of Law at George Washington University Law School. He is a national expert on new surveillance technologies, policing, and criminal justice. He is the author of the 2018 PROSE Award winning book, The Rise of Big Data Policing. He is an elected member of the American Law Institute.Ferguson is in conversation with Rachel Levinson-Waldman, director of the Liberty and National Security Program at the Brennan Center for Justice, where she works to shed light on the government’s use of surveillance technologies and authorities and its collection and use of data for law enforcement and homeland security purposes. Rachel has authored articles and reports on topics including DHS's counterterrorism efforts 20 years after 9/11; the government’s use of social media; and the constitutional implications of law enforcement surveillance in public. She has written and provided expert input for publications including the Guardian, Washington Post, Wired, Atlantic, and the New Republic. From February to June 2024, she served as an Ian Axford Fellow in Public Policy for the New Zealand Office of the Privacy Commissioner in Wellington, New Zealand. She previously served as senior counsel to the American Association of University Professors and trial counsel in the Housing and Civil Enforcement Section of the Civil Rights Division of the U.S. Department of Justice, and was a law clerk to the Honorable Margaret M. McKeown of the U.S. Court of Appeals for the Ninth Circuit. She is a graduate of Williams College and the University of Chicago Law School. PURCHASE:https://politics-prose.com/book/9781479838288?ic_referral=3rZX02MEW8cLPLnminHYruqdvDuOzSQ_MSnX6Wi_hw0wM9oFHSL5tFTX90ejjFPugVq47zv8lnIYRG4NH2PHZnQW3l2ZTGKYKgPp8L9J0oIR4uAgJ_tvj_Ryx84qGoJW9SYeq8k
What this episode covers
Interrogates how digital self-surveillance can be turned against us by police, prosecutors, and political whimsFor consumers living in a digitally-connected world, smart technologies have built an inescapable trap of digital self-surveillance. Smart cars, smart homes, smart watches, and smart medical devices track our most private activities and intimate patterns. While these devices allow users to receive personal insights by monitoring their every move, that data can be accessed by police and prosecutors looking to find incriminating clues. Digital technology exposes everyone, everywhere, all at once and we have few laws to regulate it.In Your Data Will Be Used Against You, Andrew Guthrie Ferguson warns us of how the rise of sensor-driven technology, social media monitoring, and artificial intelligence can be weaponized against democratic values and personal freedoms. At the same time, that data will solve crimes, radically transforming how criminal cases are prosecuted. Ferguson explores how this proliferation of private data in combination with public surveillance networks promises new ways to solve previously unsolvable crimes but also leaves us vulnerable to governmental overreach and abuse. He argues for legal interventions that address the threat of digital self-surveillance and provides concrete suggestions about how legislators, judges, and communities should respond.As consumers, citizens, and potential subjects of surveillance, the questions in this book must be confronted now, before the trap of surveillance captures us completely. Providing a stark warning of the dangers of digital self-surveillance, Your Data Will be Used Against You is a defense of civil liberties against the growing threat of data-driven policing.Andrew Guthrie Ferguson is Professor of Law at George Washington University Law School. He is a national expert on new surveillance technologies, policing, and criminal justice. He is the author of the 2018 PROSE Award winning book, The Rise of Big Data Policing. He is an elected member of the American Law Institute.Ferguson is in conversation with Rachel Levinson-Waldman, director of the Liberty and National Security Program at the Brennan Center for Justice, where she works to shed light on the government’s use of surveillance technologies and authorities and its collection and use of data for law enforcement and homeland security purposes. Rachel has authored articles and reports on topics including DHS's counterterrorism efforts 20 years after 9/11; the government’s use of social media; and the constitutional implications of law enforcement surveillance in public. She has written and provided expert input for publications including the Guardian, Washington Post, Wired, Atlantic, and the New Republic. From February to June 2024, she served as an Ian Axford Fellow in Public Policy for the New Zealand Office of the Privacy Commissioner in Wellington, New Zealand. She previously served as senior counsel to the American Association of University Professors and trial counsel in the Housing and Civil Enforcement Section of the Civil Rights Division of the U.S. Department of Justice, and was a law clerk to the Honorable Margaret M. McKeown of the U.S. Court of Appeals for the Ninth Circuit. She is a graduate of Williams College and the University of Chicago Law School. PURCHASE:https://politics-prose.com/book/9781479838288?ic_referral=3rZX02MEW8cLPLnminHYruqdvDuOzSQ_MSnX6Wi_hw0wM9oFHSL5tFTX90ejjFPugVq47zv8lnIYRG4NH2PHZnQW3l2ZTGKYKgPp8L9J0oIR4uAgJ_tvj_Ryx84qGoJW9SYeq8k
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Andrew Guthrie Ferguson — Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance - with Rachel Levinson-Waldman
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