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Andrew Guthrie Ferguson is Professor of Law at the George Washington University Law School. He is a nationally recognized legal expert on police surveillance technologies, predictive policing, facial recognition, video analytics, big date surveillance, juries, and the Fourth Amendment. All of these skill requisites are well utilized in his new book, "Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance." These modern times with its newer technology have proven how much they can track all parts of our life, especially all the smart devices critical to our day-to-days. And at this point in time, we have few laws to regulate it. We can begin building our awareness with the informative book, available mid-March. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
What kind of leadership can hold a fractured democracy together?About the GuestStephen Schlesinger is an American historian, author, and foreign policy analyst. The son of Arthur Schlesinger Jr.—Pulitzer Prize–winning historian and special assistant to President John F. Kennedy—and grandson of Arthur Schlesinger Sr., he grew up at the centre of one of America's most distinguished intellectual families. Schlesinger is the author of Act of Creation: The Founding of the United Nations, and has written widely on American foreign policy and international institutions. He knew both John and Robert Kennedy personally, and brings a rare insider perspective to the history of American liberalism.About This Episode"He went around the table asking us, 'Do you still believe in God?' — this was 1967, he was already being considered for the presidency. Why would a man of this intensity and ambition be talking about these issues?" - Stephen Schlesinger After two days exploring the surveillance state and the ethics of unmasking—with Andrew Guthrie Ferguson on how your data will be used against you and Christopher Mathias on the fight to expose the radical right—Andrew Keen steps back to ask a larger question: What kind of leadership can hold a fractured democracy together?Stephen Schlesinger joins the show from the Upper West Side of New York to offer a historian's perspective—and a personal one. From his father's role in Camelot to his own memories of playing touch football with Bobby Kennedy at Hickory Hill, Schlesinger reflects on what made the Kennedy brothers effective leaders in a divided country, and what lessons their example holds for progressives today. The conversation moves from the founding of the republic (one-third pro-British) through the Civil War to the present fracture, and asks whether elections remain democracy's "great solver"—or whether something has fundamentally changed.Chapters:00:00 Introduction On the road in New York, beside Columbia University01:10 What Has Happened to America? Schlesinger's 250-year view of national fracture03:40 The One-Third Fracture Why a leader with minority support cannot impose ideology on 330 million05:15 Elections as the Great Solver Except for the Civil War, the ballot box has resolved every American crisis07:30 An Intellectual Aristocracy Harvard, the Schlesinger legacy, and the view from inside the American elite10:45 The Romance of Camelot Meeting JFK, the magnetism of youth, and the television presidency14:20 Bobby's Vulnerability The dinner where RFK asked, “Do you still believe in God?”17:45 Touch Football at Hickory Hill Bobby's toughness and the bullet pass Schlesinger had to catch20:30 Jackie vs. Hickory Hill Two styles of Kennedy parenting22:15 Composed Jack, Emotional Bobby Arthur Schlesinger Jr.'s perspective on the two brothers24:40 The Assassinations The White House, Lyndon Johnson's motorcade, and the bar exam Schlesinger failed28:15 Could Bobby Have Won? Humphrey, the nomination, and what might have been30:30 The Kennedys and Internationalism From Joe Kennedy's isolationism to JFK's UN vision and RFK during the Cuban Missile Crisis34:00 Chris Matthews and the Bobby Kennedy CenentaryLessons for Today36:30 The Perpetual Civic DutyWhy each generation must defend constitutional freedoms anew38:45 ClosingAdvice to grandchildren and the enduring fight for democracyLinks & ReferencesMentioned in this episode:Act of Creation: The Founding of the United Nations by Stephen SchlesingerA Thousand Days: John F. Kennedy in the White House by Arthur Schlesinger Jr.Robert Kennedy: His Life by Evan ThomasBobby Kennedy: A Raging Spirit by Chris MatthewsThe Power and the Glory by Graham Greene — the novel Bobby Kennedy mentioned reading at a 1967 dinner Schlesinger attendedWhy England Slept by John F. Kennedy (1940)Previous episode: Andrew Guthrie Ferguson on Your Data Will Be Used Against You (Episode 2794)About Keen On America Nobody asks more impertinent questions than the Anglo-American writer, filmmaker and SiliconValley entrepreneur Andrew Keen. In Keen On America , Andrew brings his sharp Transatlanticwit to the forces reshaping the United States — hosting daily interviews with leading thinkersand writers about American history, politics, technology, culture, and business. With nearly2,800 episodes since the show launched on TechCrunch in 2010, Keen On America is the mostprolific intellectual interview show in the history of podcasting.Website | Substack | YouTube
A man was convicted by his own heartbeat — and that's just the beginning of our digital dystopia.About the GuestAndrew Guthrie Ferguson is Professor of Law at George Washington University Law School and a national expert on surveillance technologies, policing, and criminal justice. He is an elected member of the American Law Institute and the author of the PROSE Award–winning The Rise of Big Data Policing. His new book, Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance (NYU Press, March 2026), examines how smart devices and digital surveillance are transforming criminal prosecution — and what the law must do to catch up.About This EpisodeFollowing yesterday's conversation with Christopher Mathias about doxxing and the ethics of unmasking, Andrew Keen turns to the legal side of the same question: what happens when the data we generate about ourselves becomes evidence? Andrew Guthrie Ferguson joins the show from Washington, D.C. to discuss his new book — a deeply researched investigation into how pacemakers, smartphones, smart cars, and doorbell cameras are being used to convict people in court, and why the law has almost nothing to say about it.The conversation moves from a man convicted by his own heartbeat to AI-powered real-time crime centres, from Eric Schmidt's infamous privacy defence to masked ICE agents in Minneapolis, and from Bentham's panopticon to Ferguson's proposed “tyrant test” — a framework for designing data protections by imagining the worst leader with access to your most intimate information.Chapters:00:00 Introduction: Digital privacy and unmasking The theme of digital privacy and what it means to be unmasked in a data-driven world01:25 Meet Andrew Guthrie Ferguson Introducing the guest and his new book on privacy, surveillance, and the law02:10 The Dual-Edged Sword of Digital Devices How our everyday devices expose everyone and the complicated trade-offs that creates03:40 From “Don't Be Ashamed” to Privacy Nuance The shift from early Silicon Valley privacy optimism to a more complex reality04:45 Regulating Government, Not Google Ferguson's focus on keeping personal data out of court rather than off corporate servers05:55 The Pacemaker Data Court Case How personal medical device data was used as evidence in a criminal trial07:30 Convicted by His Own Heartbeat An arson and insurance fraud case where heart-rate data contradicted the suspect's story09:40 Google's Three-Part Warrant System How tech companies helped shape rules for law enforcement access to location data11:15 The Fourth Amendment Digital Gap What reasonable expectations of privacy mean in the modern digital environment12:45 Digital Privileges and Intimate Data Whether certain types of personal data should be legally protected like confidential relationships14:20 Surveillance Battles on the Ground Protests, law enforcement, and the evolving intelligence dynamic in Minneapolis16:05 “Just Doing Our Job” and State Surveillance The common defence of surveillance practices and why it remains controversial18:10 The Texas Drone Fleet Drones as first responders and the expansion of aerial policing technology20:45 Real-Time Crime Centers and Mass Cameras Integrated camera networks, data fusion, and the lack of clear oversight22:50 The Tyrant Test for Privacy Laws Designing privacy protections assuming the worst possible leader has access to the data25:15 AI Supercharges Surveillance How artificial intelligence turns ordinary cameras into powerful tracking tools27:30 AI-Assisted Police Reports Using body-camera audio and AI tools to generate reports and the implications for justice29:10 No Turning Back From Technology Why abandoning digital tools isn't realistic and why new laws may be needed instead31:15 Closing: Every Smart Device Is Surveillance The idea that modern connected devices inherently function as surveillance toolsLinks & ReferencesMentioned in this episode:Your Data Will Be Used Against You — NYU PressAndrew Guthrie Ferguson — GW Law School faculty pagePerplexity for Public Safety — free AI tool for law enforcementPrevious episode: Christopher Mathias on To Catch a Fascist (Episode 2793)Carpenter v. United States (2018) — Supreme Court ruling on cell-site location data and the Fourth AmendmentAbout Keen On America Nobody asks more impertinent questions than the Anglo-American writer, filmmaker and Silicon Valley entrepreneur Andrew Keen. In Keen On America , Andrew brings his sharp Transatlantic wit to the forces reshaping the United States — hosting daily interviews with leading thinkersand writers about American history, politics, technology, culture, and business. With nearly 2,800 episodes since the show launched on TechCrunch in 2010, Keen On America is the most prolific intellectual interview show in the history of podcasting.Website | Substack | YouTube
In his forthcoming book, Your Data Will Be Used Against You, George Washington University Law School professor Andrew Guthrie Ferguson explores how the rise of sensor-driven technologies, social media monitoring, and artificial intelligence can be weaponized against democratic values and personal freedoms. Smart cars, smart homes, smart watches—these devices track our most private activities, and that data can be accessed by police and prosecutors looking for incriminating clues. What should legislatures, courts, and individuals do to protect civil liberties?
Recorded Future - Inside Threat Intelligence for Cyber Security
In the U.S. criminal justice system, a lot of things hinge on the simple police report. As departments begin to use AI and large language model software to help cops write them, American University law professor Andrew Guthrie Ferguson worries people don't understand the possible downstream effects.
In this episode of Status Check with Spivey, Mike interviews How I Lawyer podcast host Jonah Perlin on some of the many differences between college and law school, from cold calls to being graded on a curve to the nature of attending a professional school and more. Links to other resources: How I Lawyer Podcast with Jonah Perlin How I Lawyer #134: Mike Spivey - On Law School Rankings, Admissions, and Mental Health (Mike's episode on Jonah's podcast) Dear 1L: The Book by Amanda Haverstick (book mentioned in the episode) Dear 1L with Amanda Haverstick (Status Check episode with the author of the book mentioned in the episode) The Law of Law School: The Essential Guide for First-Year Law Students by Andrew Guthrie Ferguson and Jonathan Yusef Newton (book mentioned by Jonah in the interview) You can listen and subscribe to Status Check with Spivey on Apple Podcasts, Spotify, and YouTube. You can read a full transcript of this episode here.
“The truth is, every time community groups have asked questions about policing, the police haven't had good answers. And when really pushed, they had to fold to recognize that maybe this technology wasn't worth the money, wasn't doing what it was said. And while sure, it sounded good in a soundbite, it sounded good to the city council when you said you had to do something to stop crime, in reality, it wasn't doing what it said, and may also have had real harms on those communities,” says Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. In this episode of “Movement Memos,” Guthrie Ferguson and host Kelly Hayes explore the history and failures of predictive policing, and raise the alarm about the creation of new data empires. Music: Son Monarcas & David Celeste You can find a transcript and show notes (including links to resources) here: bit.ly/movementmemos If you would like to support the show, you can donate here: bit.ly/TODonate If you would like to receive Truthout's newsletter, please sign up: bit.ly/TOnewsletter
In recent years, police departments nationwide have increasingly embraced data and AI tools to enhance their crime prevention, investigation, and conviction efforts. These technologies range from image analysis on body cameras to license plate trackers predicting potential involvement in drug trafficking. However, a crucial question arises: Are these technologies both accurate and fair? Is law enforcement adequately trained to utilize them effectively? Is legislation adapting swiftly enough to keep pace with these transformative changes? On today's episode we engage in a conversation with a professor of law and a police chief who together provide us insights into the evolving landscape of policing technologies. Our guests: Andrew Guthrie Ferguson, Professor of Law, American University Washington College of Law Virgil Green, Chief of Police for Golden Valley, Minnesota, and co-host of “You And The Law” podcast
More than 2,000 police and fire departments have partnerships with Amazon to use surveillance video from its Ring security cameras. This week, the company changed the way law enforcement can access that video. Now, departments will have to post public requests on Amazon’s Neighbors app and include some details about the relevant investigation. Police used to be able to directly email users without making the request public. Marketplace’s Amy Scott speaks with Andrew Guthrie Ferguson, a law professor at American University and author of the book “The Rise of Big Data Policing.”
More than 2,000 police and fire departments have partnerships with Amazon to use surveillance video from its Ring security cameras. This week, the company changed the way law enforcement can access that video. Now, departments will have to post public requests on Amazon’s Neighbors app and include some details about the relevant investigation. Police used to be able to directly email users without making the request public. Marketplace’s Amy Scott speaks with Andrew Guthrie Ferguson, a law professor at American University and author of the book “The Rise of Big Data Policing.”
More than 2,000 police and fire departments have partnerships with Amazon to use surveillance video from its Ring security cameras. This week, the company changed the way law enforcement can access that video. Now, departments will have to post public requests on Amazon’s Neighbors app and include some details about the relevant investigation. Police used to be able to directly email users without making the request public. Marketplace’s Amy Scott speaks with Andrew Guthrie Ferguson, a law professor at American University and author of the book “The Rise of Big Data Policing.”
More than 2,000 police and fire departments have partnerships with Amazon to use surveillance video from its Ring security cameras. This week, the company changed the way law enforcement can access that video. Now, departments will have to post public requests on Amazon’s Neighbors app and include some details about the relevant investigation. Police used to be able to directly email users without making the request public. Marketplace’s Amy Scott speaks with Andrew Guthrie Ferguson, a law professor at American University and author of the book “The Rise of Big Data Policing.”
Andrew Guthrie Ferguson says that near the end of every school year, he has law students come into his office, "usually in tears." They tell the professor that if they'd only known at the start of the year what they'd figured out by the end of the year, they'd be so much father ahead. During his time as a non-traditional law student, Jonathan Yusef Newton found himself coaching and consoling many of his peers, trying to share with them what he'd learned about the law school system. Both Ferguson and Newton independently thought that there should be a guide to law school to explain these unwritten rules–and after a discussion in Ferguson's office, they realized they could collaborate on just such a project, combining the wisdom of the law professor and the recent law grad. The Law of Law School: The Essential Guide for First-Year Law Students was the result. In this episode, they discuss the book with the ABA Journal's Lee Rawles, and share their thoughts on how distance learning during the COVID-19 pandemic will impact the experience of law school. Ferguson, an expert on the use of data and electronic surveillance by law enforcement, and Newton, a former police officer, also share their thoughts and concerns about the use of surveillance technology to enforce public health. Special thanks to our sponsor, Headnote.
Andrew Guthrie Ferguson says that near the end of every school year, he has law students come into his office, "usually in tears." They tell the professor that if they'd only known at the start of the year what they'd figured out by the end of the year, they'd be so much father ahead. During his time as a non-traditional law student, Jonathan Yusef Newton found himself coaching and consoling many of his peers, trying to share with them what he'd learned about the law school system. Both Ferguson and Newton independently thought that there should be a guide to law school to explain these unwritten rules–and after a discussion in Ferguson's office, they realized they could collaborate on just such a project, combining the wisdom of the law professor and the recent law grad. The Law of Law School: The Essential Guide for First-Year Law Students was the result. In this episode, they discuss the book with the ABA Journal's Lee Rawles, and share their thoughts on how distance learning during the COVID-19 pandemic will impact the experience of law school. Ferguson, an expert on the use of data and electronic surveillance by law enforcement, and Newton, a former police officer, also share their thoughts and concerns about the use of surveillance technology to enforce public health. Special thanks to our sponsor, Headnote.
Andrew Guthrie Ferguson says that near the end of every school year, he has law students come into his office, "usually in tears." They tell the professor that if they'd only known at the start of the year what they'd figured out by the end of the year, they'd be so much father ahead. During his time as a non-traditional law student, Jonathan Yusef Newton found himself coaching and consoling many of his peers, trying to share with them what he'd learned about the law school system. Both Ferguson and Newton independently thought that there should be a guide to law school to explain these unwritten rules–and after a discussion in Ferguson's office, they realized they could collaborate on just such a project, combining the wisdom of the law professor and the recent law grad. The Law of Law School: The Essential Guide for First-Year Law Students was the result. In this episode, they discuss the book with the ABA Journal's Lee Rawles, and share their thoughts on how distance learning during the COVID-19 pandemic will impact the experience of law school. Ferguson, an expert on the use of data and electronic surveillance by law enforcement, and Newton, a former police officer, also share their thoughts and concerns about the use of surveillance technology to enforce public health. Special thanks to our sponsor, Headnote.
In this episode, Andrew Guthrie Ferguson, Visiting Professor of Law at American University Washington College of Law, discusses his article Big Data Prosecution and Brady, forthcoming soon in the UCLA Law Review. Professor Ferguson begins by discussing how prosecution has changed from a purely reactive role to one that's more proactive with "intelligence-driven" strategies, and how that's enabled by the use of big data in prosecutor's offices. He identifies a fundamental problem that arises with prosecutorial reliance on data and its centralization--systems used by prosecutors and police are not designed to identify Brady materials. Professor Ferguson introduces a new theory of a "Networked Brady" that recognizes new and emerging technologies and offers suggested interventions on how to engineer prosecutorial big data systems to comply with Brady and due process requirements. Professor Ferguson's scholarship is available on SSRN and he's on Twitter at @ProfFerguson.This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero. See acast.com/privacy for privacy and opt-out information.
With resource-strapped police departments facing pressure to avert crime and end racially discriminatory police practices, many are turning to data-driven surveillance technology with the thought that it could be both more objective and more effective. But without transparency into what technology police are using and how the data is gathered, can the public have confidence that these tools will be used responsibly or effectively? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Ferguson discusses how these tools became popular, how they can be used and misused, how implicit bias can taint results, and the limits of predictive technology. He also shares suggestions for how citizens can have an impact on how data is used to police their community.
With resource-strapped police departments facing pressure to avert crime and end racially discriminatory police practices, many are turning to data-driven surveillance technology with the thought that it could be both more objective and more effective. But without transparency into what technology police are using and how the data is gathered, can the public have confidence that these tools will be used responsibly or effectively? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Ferguson discusses how these tools became popular, how they can be used and misused, how implicit bias can taint results, and the limits of predictive technology. He also shares suggestions for how citizens can have an impact on how data is used to police their community.
Andrew Guthrie Ferguson discusses his book, The Rise of Big Data Policing, that critically examines data-driven surveillance technologies and their legal impact on everyday policing. Andrew Guthrie Ferguson is professor of law at the University of the District of Columbia's David A. Clarke School of Law. He is a national expert on predictive policing, big data surveillance, and the fourth amendment.