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 . [[ https://en.wikipedia.org/wiki/Andrew_Guthrie_Ferguson | Andrew Guthrie Ferguson ]]
 . [[ https://www.law.gwu.edu/andrew-guthrie-ferguson | GW Law School C.V. ]]
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=== PART I: OUR WORLD DIGITALLY TRANSFORMED === PART I: OUR WORLD DIGITALLY TRANSFORMED ===
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 .p031 - 2. ''Our Things''  .p031 - ch 2. ''Our Things''
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 .p045 Virginia magistrate David Bishop signed warrant; not a lawyer or technologist, only 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 mentions the Constitution
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 .p050 - 3. ''Our Bodies''
 .p051
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 .p065
 .p066

 .p068 - 4. ''Our Cities''
 .p071
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 .p086 - 5. ''Our Papers''
 .p085
 .p085
 .p085



 .p104 - 6. ''Our Likes''



=== PART II: CONSEQUENCES WHEN EVERYTHING IS EVIDENCE

 .p125 - 7. ''Power Problems''


 .p140 - 8. ''Privacy Problems''


 .p151 - 9. ''Praxis Problems''


=== PART III: RESPONSES WHEN EVERYTHING IS EVIDENCE

 .p175 - 10. ''Judicial Responses''
 .p045 Virginia magistrate David Bishop signed warrant; not a lawyer or technologist, just a [[ https://www.pcc[[ |i.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)
-----
 .p050 - ch 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 Surpreme Court allows government mandated drug testing of airline pilots and federal employees
 .p060 [[ https://en.wikipedia.org/wiki/Kashmir_Hill | Kashmir Hill ]] 2023 book [[ https://wccls.bibliocommons.com/v2/record/S143C4270232 | Your Face Belongs to Us ]] 006.3 HIL BvtnLib
 .p061 [[ https://en.wikipedia.org/wiki/Madison_Square_Garden_Entertainment | MSG Entertainment ]] uses facial recognition to exclude associates of opposing litigants
 .p061 Surveillance systems at Target and Walmart; The Atlantic 2017 reports [[ https://www.theatlantic.com/technology/archive/2017/04/csi-walmart/521565/ | CSI: Walmart ]] Walmart and Target have digital forensics labs for corporate theft and online fraud
  . seems to be focused on in-house crime, not customers
 .p062 [[https://www.gao.gov/products/gao-22-106100 | 2022 GAO report ]]: in FY202o, 18 of 24 agencies used Facial Recognition Technology
  .(old) map shows many states; not Washington, Oregon, California, Nevada
  .Author gratuitous comment: "And of course, a government that wanted to control its citizens could use the existing technology to restrict protest, limit travel, and monitor dissent." COULD is not DOES
 .p064 [[ https://www.themarshallproject.org/2024/10/31/stillbirth-oklahoma-arkansas-women-investigated | Some States Are Turning Miscarriages and Stillbirths Into Criminal Cases Against Women ]]
  .20% of pregnancies end in a loss; women are prosecuted if they can't deflect blame
  . [[ https://www.pregnancyjusticeus.org/ | Pregnancy justice: "We advance and defend the rights of pregnant people, no matter if they give birth, experience a pregnancy loss, or have an abortion. No one should lose their rights because of pregnancy." ]]
 .p064 n107 [[ https://www.ancestry.com/c/transparency | Ancestry.com Transparency Statement ]]
 .p065 [[ https://www.nytimes.com/2021/05/31/science/dna-police-laws.html | Two New Laws Restrict Police Use of DNA Search Method ]] Maryland and Montana
 .p065 [[ https://www.ancestry.com/c/legal/privacystatement#personal-info-categories | Ancestry.com Privacy Statement ]]
  . [[ https://www.ancestry.com/c/legal/lawenforcement | Ancestry Guide for Law Enforcement ]]
 .p066 Illinois [[ https://en.wikipedia.org/wiki/Biometric_Information_Privacy_Act | Biometric Information Privacy Act ]]
-----
 .p068 - ch 4. ''Our Cities''
 .p071 [[ https://en.wikipedia.org/wiki/Eric_Adams | New York Mayor Eric Adams ]] n33 [[ https://www.politico.com/news/2022/12/24/eric-adams-policing-technology-new-york-00075359 | Big Brother is Protecting You ]]
 .p077 [[ https://www.wired.com/story/cities-curb-surveillance-baltimore-police-took-air/ | Baltimore AIR surveillance program ]] ruled unconstitutional, but only in [[ https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fourth_Circuit | 4th Circuit court ]] MD VA NC SC WV
 .p077 surveillance-primed police more suspicious and violent
 .p078 [[ https://sls.eff.org/technologies/automated-license-plate-readers-alprs | Automated licence plate readers ]]
 .p078 71 California police departments violated state law by sharing ALPR data with non California agencies
 .p080 Oakland Privacy Advisory Commission chair detained for ALPR mistake
 .p083 Studies do not show that increased surveillance does not sustain a decrease crime rate
  . no surprise there, catching criminals doesn't stop other criminals
 .p083 what many property owners and business interests "want deep down"
  .paywalled article reference to Target turning all (??XXXXX'''Black''') neighbors into suspects
  . not about m[[ |easuring internal psychological desires of individuals
 .p084 [[ https://www.americanprogress.org/article/facts-pattern-practice-investigations/ | pattern and practice violations ]] ... can we accelerate this process with automation?
 .p085 [[ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3959202 | Blue Data ]] extending data-driven policing to police accountability


-----
 .p086 - ch 5. ''Our Papers''
 .p089 A single terabyte can store as much data as a 12 story library.
  . If a book is 500,000 letters/bytes, (NOT counting pictures), then a terabyte is 2 million books. 24 story Shanghai library is 5 million books, 26 story WEB Dubois library is 6 million books, so a "12 story library" is roughly correct. A picture book library is far fewer stories per terabyte of images.
 .p089 claims companies needed to edit and share documents, email. Some of us do these things with our own machines.
 .p090 hypothetical about payment app history could suggest meth manufacture
 .p091 Google warrants disclosed, 30,030 warrants for 42,518 accounts, 86% "some information" ... etc.
  . Kagi suggests using [[ https://privacypass.github.io/ | Privacy Pass ]] (firefox/chrome) and [[ https://www.torproject.org/download/| Tor browser ]]
  . Debian supports Firefox and Tor and Chromium, not proprietary chrome
 .p092 police extract smartphone data during traffic stops
 .p095 searches not secret, "no-charge" companies monetize them, no expection of privacy
 .p096 few users download emails, most store in "cloud" (provider's servers, subject to law enforcement access and snooping)
 .p097 multiple Congresses acknowledge need for [[ https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1285 | ECPA ]] updates, do nothing
 .p102 Until the Supreme Court rule, safety of data on devices remains questionable
 .p103 [[ https://signal.org/ | Signal ]], end to end encryption, Android/iPhone/(Linux+Phone)


-----
 .p104 - ch 6. ''Our Likes''
 .p104 [[ https://www.brennancenter.org/our-work/analysis-opinion/when-facebook-lands-you-jail | 26yo Jelani Henry ]] "liked" posts related to a local "crew" (neighbors, not a gang), and (with no evidence or witnesses) was incarcerated for 19 months at violent Riker's Island detention facilities.
 .p104 [[ https://theappeal.org/memphis-police-surveillance-black-lives-matter-facebook-profile-exclusive/ | white policeman "Bob Smith" friended Black Lives Matter activists in Tennessee ]]
 .p106 [[ https://mnartists.walkerart.org/author/shanai-matteson | Shanai Matteson ]] arrested for conspiracy after discussing a planned protest on Facebook
 .p107 convicted felon Terrence Everett arrested for posting a photo of a gun on Facebook
 .p109 [[ https://www.vice.com/en/article/meet-babel-street-the-powerful-social-media-surveillance-used-by-police-secret-service-and-sports-stadiums/ | Babel X ]] social media Ssurveillance software
 .p109 [[ https://k12ssdb.org/all-shootings | School shootings ]] hundreds killed "over the past few decades"
 .p110 shoot triggered by basketball, Shooter movie, and credit scores shooting up
 .p110 UNC Chapel Hill tracked students seeking removal of Confederate statue
 .p110 social media protected by corporate policy, not law
 .p112 Fourth Amendment does not protect privacy from [[ https://www.dorfonlaw.org/2020/05/do-fake-friends-violate-fourth.html | false friend betrayal ]] f2f or online
 .p113 [[ https://www.tiktok.com/legal/page/row/privacy-policy/en | Tiktok ]] retains data after user deletion
 .p114 [[ https://www.goodrx.com/ | GoodRx ]] sells search data to Facebook and Google
 .p116 Dating apps sell data to anyone. [[ https://www.grindr.com/ | Grindr ]] sells data disclosing HIV status
 .p117 [[ https://www.theguardian.com/technology/2023/jan/12/meta-voyager-labs-surveillance-fake-accounts | Voyager Labs created 38K ]] fake accounts to spy on 600,000 Facebook users and sell data to police
 .p117 [[ https://papersplease.org/wp/2016/10/03/how-the-dea-uses-travel-company-spies-to-confiscate-travelers-cash/ | DEA pays travel employees to spy on passengers ]]
 .p118 [[ https://en.wikipedia.org/wiki/Fog_Reveal | Fog Reveal ]] purchases mobile app data to track users without a search warrant
 .p119 [[ https://www.ftc.gov/system/files/documents/reports/data-brokers-call-transparency-accountability-report-federal-trade-commission-may-2014/140527databrokerreport.pdf | FTC white paper ]] about Data Brokers
 .p119 [[ https://en.wikipedia.org/wiki/Kochava | Kochava ]] sells femtech data
 .p120 Boston police disproportionately track Black men.
 .p121 Gun owner data is collected and for sale
 .p122 no secrets on social media, except how much access the police have
  . Duh. If you share promiscuously, assume you are sharing with the police. "Social media" is like any other social disease.

=== PART II: CONSEQUENCES WHEN EVERYTHING IS EVIDENCE ===
-----
 .p125 - ch 7. ''Power Problems''


-----
 .p140 - ch 8. ''Privacy Problems''


-----
 .p151 - ch 9. ''Praxis Problems''


=== PART III: RESPONSES WHEN EVERYTHING IS EVIDENCE ===
-----
 .p175 - ch 10. ''Judicial Responses''


-----
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 .p175 - 12. ''Individual Responses''

-----
 .p215 - 12. ''Individual Responses''
  . this is what matters, but ...
 .p218 You choose the [[ https://ring.com/ | Ring ]] camera, but not what happens with the data
  . Prime purchase data also sold
 .p220 [[ https://www.eff.org/pages/atlas-surveillance | EFF Atlas of Surveillance ]]
  . no data (yet) for Portland or Beaverton
  . Washington County Sheriff's office has 5 drones as of 2024
  . Portland Police Bureau has 8 drones as of 2024
  . MOST Oregon police departments use body-worn cameras
  . MANY voluntary registries for private and personal surveillance cameras
 .p221 [[ https://en.wikipedia.org/wiki/Algorithmic_Justice_League | Algorithmic Justice League ]] highlights gender and racial facial recognition biases
 .p224 Sabotage surveillance; wrong birthday, fake hobby, costume quiver (hunting catalogs!)
 .p225 Multiple Digital Identities (Ronald Cypherpunki !) also reveals who sold your data
 .p225 Android phones cheaper than iPhones because Google sells data
 .p226 Ring shifted video storage to the device rather than the cloud
 .p227 [[ https://www.wyden.senate.gov/ | Ron Wyden ]] staff most technologically literate on Capitol Hill

-----
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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


PART I: OUR WORLD DIGITALLY TRANSFORMED

  • p013 - 1. Our Homes

  • p031 - ch 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 i.edu/academics/criminal-justice/#CriminalJusticeSchedule 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
  • 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
  • p048 carceral state social control and prison

    • Vonnegut's story Harrison Bergeron Diana Moon Glampers, United States Handicapper General

  • p049 Wearable Tech Surveillance

  • 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)



  • p068 - ch 4. Our Cities

  • p071 New York Mayor Eric Adams n33 Big Brother is Protecting You

  • p077 Baltimore AIR surveillance program ruled unconstitutional, but only in 4th Circuit court MD VA NC SC WV

  • p077 surveillance-primed police more suspicious and violent
  • p078 Automated licence plate readers

  • p078 71 California police departments violated state law by sharing ALPR data with non California agencies
  • p080 Oakland Privacy Advisory Commission chair detained for ALPR mistake
  • p083 Studies do not show that increased surveillance does not sustain a decrease crime rate
    • no surprise there, catching criminals doesn't stop other criminals
  • p083 what many property owners and business interests "want deep down"
    • paywalled article reference to Target turning all (??XXXXXBlack) neighbors into suspects

    • not about m[[ |easuring internal psychological desires of individuals
  • p084 pattern and practice violations ... can we accelerate this process with automation?

  • p085 Blue Data extending data-driven policing to police accountability


  • p086 - ch 5. Our Papers

  • p089 A single terabyte can store as much data as a 12 story library.
    • If a book is 500,000 letters/bytes, (NOT counting pictures), then a terabyte is 2 million books. 24 story Shanghai library is 5 million books, 26 story WEB Dubois library is 6 million books, so a "12 story library" is roughly correct. A picture book library is far fewer stories per terabyte of images.
  • p089 claims companies needed to edit and share documents, email. Some of us do these things with our own machines.
  • p090 hypothetical about payment app history could suggest meth manufacture
  • p091 Google warrants disclosed, 30,030 warrants for 42,518 accounts, 86% "some information" ... etc.
    • Kagi suggests using Privacy Pass (firefox/chrome) and Tor browser

    • Debian supports Firefox and Tor and Chromium, not proprietary chrome
  • p092 police extract smartphone data during traffic stops
  • p095 searches not secret, "no-charge" companies monetize them, no expection of privacy
  • p096 few users download emails, most store in "cloud" (provider's servers, subject to law enforcement access and snooping)
  • p097 multiple Congresses acknowledge need for ECPA updates, do nothing

  • p102 Until the Supreme Court rule, safety of data on devices remains questionable
  • p103 Signal, end to end encryption, Android/iPhone/(Linux+Phone)


  • p104 - ch 6. Our Likes

  • p104 26yo Jelani Henry "liked" posts related to a local "crew" (neighbors, not a gang), and (with no evidence or witnesses) was incarcerated for 19 months at violent Riker's Island detention facilities.

  • p104 white policeman "Bob Smith" friended Black Lives Matter activists in Tennessee

  • p106 Shanai Matteson arrested for conspiracy after discussing a planned protest on Facebook

  • p107 convicted felon Terrence Everett arrested for posting a photo of a gun on Facebook
  • p109 Babel X social media Ssurveillance software

  • p109 School shootings hundreds killed "over the past few decades"

  • p110 shoot triggered by basketball, Shooter movie, and credit scores shooting up
  • p110 UNC Chapel Hill tracked students seeking removal of Confederate statue
  • p110 social media protected by corporate policy, not law
  • p112 Fourth Amendment does not protect privacy from false friend betrayal f2f or online

  • p113 Tiktok retains data after user deletion

  • p114 GoodRx sells search data to Facebook and Google

  • p116 Dating apps sell data to anyone. Grindr sells data disclosing HIV status

  • p117 Voyager Labs created 38K fake accounts to spy on 600,000 Facebook users and sell data to police

  • p117 DEA pays travel employees to spy on passengers

  • p118 Fog Reveal purchases mobile app data to track users without a search warrant

  • p119 FTC white paper about Data Brokers

  • p119 Kochava sells femtech data

  • p120 Boston police disproportionately track Black men.
  • p121 Gun owner data is collected and for sale
  • p122 no secrets on social media, except how much access the police have
    • Duh. If you share promiscuously, assume you are sharing with the police. "Social media" is like any other social disease.

PART II: CONSEQUENCES WHEN EVERYTHING IS EVIDENCE


  • p125 - ch 7. Power Problems


  • p140 - ch 8. Privacy Problems


  • p151 - ch 9. Praxis Problems

PART III: RESPONSES WHEN EVERYTHING IS EVIDENCE


  • p175 - ch 10. Judicial Responses


  • p195 - 11. Legislative Responses


  • p215 - 12. Individual Responses

    • this is what matters, but ...
  • p218 You choose the Ring camera, but not what happens with the data

    • Prime purchase data also sold
  • p220 EFF Atlas of Surveillance

    • no data (yet) for Portland or Beaverton
    • Washington County Sheriff's office has 5 drones as of 2024
    • Portland Police Bureau has 8 drones as of 2024
    • MOST Oregon police departments use body-worn cameras
    • MANY voluntary registries for private and personal surveillance cameras
  • p221 Algorithmic Justice League highlights gender and racial facial recognition biases

  • p224 Sabotage surveillance; wrong birthday, fake hobby, costume quiver (hunting catalogs!)
  • p225 Multiple Digital Identities (Ronald Cypherpunki !) also reveals who sold your data
  • p225 Android phones cheaper than iPhones because Google sells data
  • p226 Ring shifted video storage to the device rather than the cloud
  • p227 Ron Wyden staff most technologically literate on Capitol Hill


  • 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

DataAgainst (last edited 2026-06-08 06:18:09 by KeithLofstrom)