- book due June 11
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 - 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
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 - ch 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
- p058 Surpreme Court allows government mandated drug testing of airline pilots and federal employees
p060 Kashmir Hill 2023 book Your Face Belongs to Us 006.3 HIL BvtnLib
p061 MSG Entertainment uses facial recognition to exclude associates of opposing litigants
p061 Surveillance systems at Target and Walmart; The Atlantic 2017 reports 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 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 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
p065 Two New Laws Restrict Police Use of DNA Search Method Maryland and Montana
p066 Illinois Biometric Information Privacy Act
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 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
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
- 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