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| .p001 - Introduction: You Are a Warrant Away from Incrimination .p002 |
.p001 - ''Introduction: You Are a Warrant Away from Incrimination'' .p002 [[ https://www.kansas.com/news/nation-world/national/article131432089.html | Digital pacemaker used as evidence in criminal case ]] |
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| === PART I: OUR WORLD DIGITALLY TRANSFORMED | === PART I: OUR WORLD DIGITALLY TRANSFORMED === |
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| .p013 1. ''Our Homes'' | .p013 - 1. ''Our Homes'' |
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| .p031 2. ''Our Things'' .p036 .p037 .p038 .p040 .p041 .p043 .p045 .p045 .p046 .p047 .p047 .p048 .p048 .p049 .p049 |
.p031 - 2. ''Our Things'' .p036 n47 [[ https://www.wired.com/story/car-data-privacy-toyota-honda-ford/ | How Your New Car Tracks You ]] Matt Burgess 2023 .p037 n50 [[ https://www.reuters.com/technology/tesla-workers-shared-sensitive-images-recorded-by-customer-cars-2023-04-06/ | Tesla Workers Share Vehicle Images ]] .p038 Turned off phone "almost as incriminating" .p040 Placement of GPS tracker on car, [[ https://en.wikipedia.org/wiki/United_States_v._Jones_(2012) | United States v. Jones ]] 5 Justices cite reasonable expectation of privacy, [[ https://en.wikipedia.org/wiki/Antonin_Scalia | Scalia: ]] placement is search, either way a warrant is required .p041 [[ https://en.wikipedia.org/wiki/Sonia_Sotomayor | Sotomeyer: ]] impacts communities, suceptable to abuse .p043 [[ https://en.wikipedia.org/wiki/Geofence_warrant | geofence warrant ]] [[ https://en.wikipedia.org/wiki/Chatrie_v._United_States | Chatrie v. United States, pending Supreme Court case ]] .p043 Geofence area 150 meter radius around bank 3.5 times area of NYC block (40 homes near our house) .p044 Google 3-step process, requires filing of three separate requests to protect customer data . [[ https://en.wikipedia.org/wiki/M._Hannah_Lauck | Judge Hannah Lauck ]] called first warrant overinclusive . resembles general warrant, unconstitutional under the Fourth Amendment .p045 requires searching through ALL of Google's data, broadest search ever attempted .p045 Virginia magistrate David Bishop signed warrant; not a lawyer or technologist, just a [[ https://www.pcci.edu/academics/criminal-justice/#CriminalJusticeSchedule | Florida Pentacostal college ]] 3 year graduate with 60 credit hours of courses, many about the Bible, one "American Government" course that mentioned the Constitution .p046 [[ https://www.newsbreak.com/news/2564107390977-virginia-police-routinely-use-secret-gps-pings-to-track-people-s-cell-phones | Scott Durvin ]] tracked and questioned after friend dies of heroin overdose .p047 7000 hours of warrant based phone tracking by Virginia police in 2020 . 4th amendment authored by Virginian [[ https://en.wikipedia.org/wiki/James_Madison | James Madison ]] 5ft 4in 100lb .p047 You gave your data to a third-party company; they can sell it, the police can buy it. .p047 [[ https://en.wikipedia.org/wiki/Ron_Wyden | Ron Wyden ]] [[ https://www.congress.gov/bill/118th-congress/house-bill/4639 | The Fourth Amendment is not for sale act ]] [[ https://www.wyden.senate.gov/news/press-releases/wyden-paul-and-bipartisan-members-of-congress-introduce-the-fourth-amendment-is-not-for-sale-act- | Wyden 2021 Press Release ]] .p048 Living without a phone or car not practical for many people . [[ https://unplugged.com/ | Unplugged ]] allegedly untrackable phone .p048 [[ https://repository.law.umich.edu/mjrl/vol30/iss1/2/ | carceral state ]] social control and prison . Vonnegut's story [[ https://en.wikipedia.org/wiki/Harrison_Bergeron | Harrison Bergeron ]] Diana Moon Glampers, United States Handicapper General .p049 [[ https://link.springer.com/article/10.1007/s10603-024-09581-y | Wearable Tech Surveillance ]] .p049 [[ https://www.apple.com/airtag/ | Apple AirTag ]] - locates "lost" luggage behind airport wall . KL anonymized ACTIVE tags should be attached TEMPORARILY to luggage and trackable with a DISPOSABLE QR code on baggage claim tag. The luggage tags should not leave the airport (with a thief) |
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| .p050 3. ''Our Bodies'' .p051 .p051 .p052 .p052 .p053 .p053 .p054 .p056 .p057 .p058 .p060 .p061 .p061 .p062 .p064 .p065 .p066 |
.p050 - 3. ''Our Bodies'' .p051 [[ https://en.wikipedia.org/wiki/Andrea_M._Matwyshyn | Andrea Matwyshyn ]] [[ https://www.forbes.com/sites/bernardmarr/2019/12/06/what-is-the-internet-of-bodies-and-how-is-it-changing-our-world/ | Internet of Bodies ]] .po51 [[ https://keck.usc.edu/news/new-smart-bandages-hold-potential-for-revolutionizing-the-treatment-of-chronic-wounds/ | Smart Bandages ]] Chronic wounds 5-year survival rate 70%, worse than breast and prostate cancer .p051 Smartwatch reminders [[ https://www.macworld.com/article/676271/how-many-apple-watches-has-apple-sold.html | Apple Watches ]] [[ https://www.macworld.com/author/halyna_kubiv | Halyna Kubiv ]] .p051 smartwatch data can include times of sex or cocaine use .p052 missed period and nausea suggests pregnancy, perhaps evidence of later abortion .p052 [[ https://www.betterhelp.com/ | BetterHelp ]] sold personal data to Facebook and advertisers until 2022 FTC penalties .p053 theverge: [[ https://www.theverge.com/2023/5/4/23710840/mental-health-therapy-apps-mozilla-report-privacy-data-security | Therapy app privacy fails ]] Jess Weatherbed 2023 .p053 [[ https://themarkup.org/pixel-hunt/2023/06/13/suicide-hotlines-promise-anonymity-dozens-of-their-websites-send-sensitive-data-to-facebook | Many Suicide Hotline Websites send data to Facebook ]] .p053 Author also claims the same data available to law enforcement and the government. Probably, but Citation Needed . .p054 Baby DNA uses to implicate New Jersey father with 15yo crime .p056 [[ https://www.americanbar.org/content/dam/aba/publications/judges_journal/vol47no2-jj2008-tech.pdf | I Recognize Your Walk ]] ... among far more witness identification evidence described in the ABA 2008 publication .p057 No 4th amendment protection from having your face scanned in public. .p058 [[ | ]] .p060 [[ | ]] .p061 [[ | ]] .p061 [[ | ]] .p062 [[ | ]] .p064 [[ | ]] .p065 [[ | ]] .p066 [[ | ]] |
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| .p068 4. ''Our Cities'' .p071 .p077 .p077 .p078 .p078 .p080 .p082 .p083 .p083 .p084 .p085 |
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| .p086 5. ''Our Papers'' .p085 .p085 .p085 .p104 6. ''Our Likes'' |
.p086 - 5. ''Our Papers'' .p089 [[ | ]] .p089 [[ | ]] .p090 [[ | ]] .p091 [[ | ]] .p092 [[ | ]] .p095 [[ | ]] .p096 [[ | ]] .p102 [[ | ]] .p103 [[ | ]] .p104 - 6. ''Our Likes'' .p104 [[ | ]] .p104 [[ | ]] .p106 [[ | ]] .p1 |
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| .p125 7. ''Power Problems'' | .p125 - 7. ''Power Problems'' .p1 [[ | ]] .p1 [[ | ]] |
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| .p140 - 8. ''Privacy Problems'' .p1 [[ | ]] .p1 [[ | ]] |
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| .p140 8. ''Privacy Problems'' .p151 9. ''Praxis Problems'' |
.p151 - 9. ''Praxis Problems'' .p1 [[ | ]] .p1 [[ | ]] |
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| .p175 10. ''Judicial Responses'' | .p175 - 10. ''Judicial Responses'' .p1 [[ | ]] .p1 [[ | ]] |
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| .p195 11. ''Legislative Responses'' | .p195 - 11. ''Legislative Responses'' .p1 [[ | ]] .p1 [[ | ]] |
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| .p175 12. ''Individual Responses'' | .p175 - 12. ''Individual Responses'' .p1 [[ | ]] .p1 [[ | ]] .p2 [[ | ]] .p2 [[ | ]] |
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| .p228 Conclusion: The Tyrant Test | .p228 - Conclusion: The Tyrant Test .p2 [[ | ]] .p2 [[ | ]] .p2 [[ | ]] |
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Your Data Will Be Used Against You
Policing In the Age of Self-Surveillance
Andrew Guthrie Ferguson . 2026 . 342.0858 FER . Tigard Library
p001 - Introduction: You Are a Warrant Away from Incrimination
PART I: OUR WORLD DIGITALLY TRANSFORMED
p013 - 1. Our Homes
p031 - 2. Our Things
p036 n47 How Your New Car Tracks You Matt Burgess 2023
p037 n50 Tesla Workers Share Vehicle Images
- p038 Turned off phone "almost as incriminating"
p040 Placement of GPS tracker on car, United States v. Jones 5 Justices cite reasonable expectation of privacy, Scalia: placement is search, either way a warrant is required
p041 Sotomeyer: impacts communities, suceptable to abuse
p043 geofence warrant Chatrie v. United States, pending Supreme Court case
- p043 Geofence area 150 meter radius around bank 3.5 times area of NYC block (40 homes near our house)
- p044 Google 3-step process, requires filing of three separate requests to protect customer data
Judge Hannah Lauck called first warrant overinclusive
- resembles general warrant, unconstitutional under the Fourth Amendment
- p045 requires searching through ALL of Google's data, broadest search ever attempted
p045 Virginia magistrate David Bishop signed warrant; not a lawyer or technologist, just a Florida Pentacostal college 3 year graduate with 60 credit hours of courses, many about the Bible, one "American Government" course that mentioned the Constitution
p046 Scott Durvin tracked and questioned after friend dies of heroin overdose
- p047 7000 hours of warrant based phone tracking by Virginia police in 2020
4th amendment authored by Virginian James Madison 5ft 4in 100lb
- p047 You gave your data to a third-party company; they can sell it, the police can buy it.
p047 Ron Wyden The Fourth Amendment is not for sale act Wyden 2021 Press Release
- p048 Living without a phone or car not practical for many people
Unplugged allegedly untrackable phone
p048 carceral state social control and prison
Vonnegut's story Harrison Bergeron Diana Moon Glampers, United States Handicapper General
p049 Apple AirTag - locates "lost" luggage behind airport wall
- KL anonymized ACTIVE tags should be attached TEMPORARILY to luggage and trackable with a DISPOSABLE QR code on baggage claim tag. The luggage tags should not leave the airport (with a thief)
p050 - 3. Our Bodies
po51 Smart Bandages Chronic wounds 5-year survival rate 70%, worse than breast and prostate cancer
p051 Smartwatch reminders Apple Watches Halyna Kubiv
- p051 smartwatch data can include times of sex or cocaine use
- p052 missed period and nausea suggests pregnancy, perhaps evidence of later abortion
p052 BetterHelp sold personal data to Facebook and advertisers until 2022 FTC penalties
p053 theverge: Therapy app privacy fails Jess Weatherbed 2023
- p053 Author also claims the same data available to law enforcement and the government. Probably, but Citation Needed .
- p054 Baby DNA uses to implicate New Jersey father with 15yo crime
p056 I Recognize Your Walk ... among far more witness identification evidence described in the ABA 2008 publication
- p057 No 4th amendment protection from having your face scanned in public.
p068 - 4. Our Cities
p086 - 5. Our Papers
p104 - 6. Our Likes
- p1
=== PART II: CONSEQUENCES WHEN EVERYTHING IS EVIDENCE
=== PART III: RESPONSES WHEN EVERYTHING IS EVIDENCE
p175 - 10. Judicial Responses
p195 - 11. Legislative Responses
p175 - 12. Individual Responses
- p228 - Conclusion: The Tyrant Test
- p245 Notes
- p245 Introduction - 31 notes
- p246 ch 1 - Our Homes - 125 notes
- p252 ch 2 - Our Things - 113 notes
- p256 ch 3 - Our Bodies - 124 notes
- p263 ch 4 - Our Cities - 115 notes
- p269 ch 5 - Our Papers - 93 notes
- p272 ch 6 - Our Likes - 114 notes
- p278 ch 7 - Power Problems - 46 notes
- p281 ch 8 - Privacy Problems - 25 notes
- p282 ch 9 - Praxis Problems - 72 notes
- p286 ch 10 - Judicial Responses - 51 notes
- p288 ch 11 - Legislative Responses - 46 notes
- p290 ch 12 - Individual Responses - 34 notes
- p292 Conclusion: The Tyrant Test - 37 notes
- p295 Index
- p311 About the Author