Book Reviewed: Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance by Andrew Guthrie Ferguson

The digital invasion (Two stars) In this book the author focuses on big data, predictive policing, and digital surveillance technologies, and the protections offered by the Fourth Amendment which requires that the government cannot conduct unreasonable searches or seizures, and all warrants must be based on probable cause. Andrew Guthrie Ferguson, who teaches at George Washington University observes that the law enforcement relies on "threat scores," like automated license plate readers, smart phone locations, facial recognition, and video data from cameras owned by the private and public. His main argument is that the lack of transparency in the world of constant digital surveillance infringes upon our "reasonable expectation of privacy." He examines how everyday “smart” tech turns us into digital informants. Smart cars, watches, homes, medical devices, social media, and AI sensors create trails that the Law can access. However, the author ignores to state that the information obtained from privately owned devices is accessed with warrants or as allowed by the respective state laws. During the trial, the defense attorneys can object to evidence obtained from searches that are deemed unconstitutional. The author’ suggestion that a shift from reactive policing to predictive policing (identifying "hot spots" or "persons of interest") will cause racial and socioeconomic biases is unfounded. Because in many actual cases crimes are solved successfully without violating the constitutional rights of the individual, and warrants are issued by the judge after studying the case. The author’s core argument is that the Fourth Amendment is not in pace with technology, and the lawmakers must study this situation. But as a law professor he does not suggest how laws could be written to protect people from unconstitutional searches. The complexity of the technology may be a reason many states are not acting quickly as the author believes. And such laws could become old and unnecessary as technology progresses in the world of artificial intelligence (AI) and space exploration. One example is the flaws in hands‑free/texting ban in many states. Because a driver may need to use the phone for the map guidance or GPS which is not necessarily “texting.”