DataAgainst

• http://wiki.keithl.com/DataAgainst

• 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

• Andrew Guthrie Ferguson

• GW Law School C.V.

• p001 - Introduction: You Are a Warrant Away from Incrimination

• p002 Digital pacemaker used as evidence in criminal case

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 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)

• p050 - ch 3. Our Bodies

• p051 Andrea Matwyshyn Internet of 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 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 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

  • 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 Ancestry.com Transparency Statement

• p065 Two New Laws Restrict Police Use of DNA Search Method Maryland and Montana

• p065 Ancestry.com Privacy Statement

  • Ancestry Guide for Law Enforcement

• 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 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