Law Prof. GWU, Tech & Justice. Author: “Your Data Will Be Used Against You,” “The Rise of Big Data Policing,” “Why Jury Duty Matters,” and “The Law of Law School.”
Andrew Guthrie Ferguson is a professor of law at American University Washington College of Law.
Reposted by Anne Applebaum, Stephen M. Walt, Kori Schake , and 88 more Anne Applebaum, Stephen M. Walt, Kori Schake, Claudia Sahm, Edward Witten, Daniela Gabor, Christian Odendahl, Nandita Sharma, Yuriy Gorodnichenko, Menzie Chinn, Axel Bruns, Will Jennings, Peter Thorne, Brendan Nyhan, David Dunning, Jennifer A. Richeson, Patrick A. Jansen, Alf Norkko, Joshua S. Weitz, Robert W. Wallace, Andrew Watt, David H. Kaye, Michael A. Clemens, David Feldman, Jonathan Wolff, Kevin Milligan, Rosemary A. Joyce, Richard Ashby Wilson, Caroline Krafft, Monika Schnitzer, David Rothschild, Guy Grossman, Ryan Enos, Shelly Lundberg, Ameet Sarpatwari, Michael Kevane, Iikka Korhonen, Trevon D. Logan, Laurent Pech, Robert C. Richards, Charles W. Smith, Lindsay M. Tedds, David L. Ortega, Rebecca Tushnet, David R. Miller, Silvia Secchi, Aaron Sojourner, Michael Zimmer, Holger Nehring, Gerald Friedman, Nazita Lajevardi, Scott A. Imberman, Robert B. Reich, Henry Farrell, Michael D. McDonald, Dean Eckles, Julia M. Wright, Brian Keegan, William Myers, Maria Abreu, Michael Müller, Michael Jones‐Correa, Kate Starbird, Shannon W. Anderson, Lisa Diedrich, Daniel Kuehn, Susan Strasser, Andrew Guthrie Ferguson, Alessandro Rigolon, Marcus Credé, Hisham Zerriffi, Simon Lester, Jay Shambaugh, Matthew Bodie, Tim Stephens, Peter Gratton, Aviel Roshwald, Martha Starr, Olúfẹ́mi Táíwò, Farah Mendlesohn, Nathan P. Kalmoe, Michael Evans, Ryan Calo, Timothy D. McBride, Ryan Goodman, Jeroen Van Bouwel, Suzanne Mettler, Kimberly A. Clausing, Stuart Shapiro, David Darmofal, Peter Jacobs
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Reposted by Brandon L. Garrett
One can track phones without a warrant and follow their owners home or to their employer.
Reposted by Fabián Muniesa, Andrew Guthrie Ferguson
One can track phones without a warrant and follow their owners home or to their employer.
Reposted by Neil Pederson, Steve Peers, Fabián Muniesa , and 12 more Neil Pederson, Steve Peers, Fabián Muniesa, Juan Cole, Sanford F. Schram, Orin S. Kerr, McKenzie Wark, Samantha Brennan, Michael D. McDonald, Mark Rice, Andrew Guthrie Ferguson, Stephen A. Meserve, Suzanne Conklin Akbari, Nathan P. Kalmoe, Jeannette Sutton
“This is a very dangerous tool in the hands of an out-of-control agency.” www.404media.co/inside-ices-...
Reposted by Andrew Guthrie Ferguson
![[graphic of book cover]
Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance
Andrew Guthrie Ferguson. New York Univ, $35 (320p) ISBN 978-1-4798-3828-8
Consumer smart devices are revolutionizing law enforcement, helping solve many previously unsolvable crimes but also providing new pathways for abuse, according to this informative study. George Washington University law professor Ferguson (The Rise of Big Data Policing) spotlights cases in which police gathered vital evidence from gadgetry: a husband nailed for killing his wife because his Google Nest camera recorded the crime, a hit-and-run driver nabbed when her 911 Assist app called the police to report the crash, and a man cleared when his Fitbit indicated that he was immobile at home when the victim was being killed elsewhere. But the author also notes abuses, particularly when data gleaned from smart devices isn’t used to bolster a particular investigation but as a surveillance tool, such as cases in which flawed facial recognition systems have led to wrongful imprisonment. The author argues that stronger regulations are needed to make sure smart device data is protected from warrantless search and seizure (right now, he notes, such data is alarmingly open in general, including to the police). It’s an illuminating look at how personal tech is rapidly changing law enforcement and an urgent warning that Fourth Amendment rights are under threat. (Mar.)](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2wyqv44lm72vasmddeqjgy72/bafkreia25qmfqxzhpvuzi6p5mvxo4p4kz2imk6hd227dz7xa6ds676usw4@jpeg)
Forthcoming on St. Patrick's Day. (17 March)
Reposted by Andrew Guthrie Ferguson
leginfo.legislature.ca.gov/faces/billNa... cc: @profferguson.bsky.social
Reposted by Cathy N. Davidson, Woodrow Hartzog, Andrew Guthrie Ferguson
Reposted by Andrew Guthrie Ferguson
Reposted by Andrew Guthrie Ferguson
Reposted by Andrew Guthrie Ferguson
Very much recommended.” Thanks!
bookanon.com/2025/12/22/b...
Reposted by Andrew Guthrie Ferguson
#amreading #nonfiction #publicpolicy #law #Constitution #privacy #data #surveillance #dna #police #USA #abortionrights #2a #BookSky 📚💙💡
Reposted by Fabián Muniesa, Andrew Guthrie Ferguson, Stephen A. Meserve
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Reposted by Andrew Guthrie Ferguson
Reposted by Woodrow Hartzog, Andrew Guthrie Ferguson
Reposted by Andrew Guthrie Ferguson
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![On December 11, 2025, President Donald J. Trump announced a pardon for former Mesa County, Colorado, Clerk Tina Peters. A veritable mob of critics emerged to condemn the pardon as unlawful, illegal, not allowed, and fundamentally inconsistent with the narrowly circumscribed powers of the President to “grant pardons and reprieves for Offenses against the United States,” which clearly refers to federal offenses. 1 In response to the hullabaloo, Professor Jerry Edwards bravely “survey[ed] hundreds of years of history in the past few days” and wrote an article “assessing the originalist case.”2 Professor Edwards made the regrettable mistake of posting his article to the Social Science Research Network (“SSRN”), which concluded that his “manuscript [did] not meet the criteria for posting on SSRN” and subsequently removed it3—demonstrating yet another instance of well-documented bias against originalist legal scholarship.4 To the untrained scholar, Professor Edwards’s scholarship may have seemed like he just copied and pasted the lyrics to Rick Astley’s “Never Gonna Give You Up”5 into a Word document, which spanned approximately a page and a half, and conducted no originalist analysis. Even if Professor Edwards did just that,6 characterizing this discussion as somehow unfitting of other works in the originalist oeuvre7 is, yet again, anti-originalist bias. In this brief essay, which was rushedly written to ensure that the whole commentariat was aware of the “entire literature that disagrees”8 with the notion that the President cannot pardon state crimes, I analyze the lyrics of “Never Gonna Give You Up.” I conclude that it has as direct, helpful, and material a bearing on originalist jurisprudence on the President’s pardon power as any leading originalist scholar could muster.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:q3dycka5ce2gybcbau5gfehd/bafkreiciwxwj5gbuomhmhbkn4gncsoy5icfxwyxijxyzm5hw6q5v4xxj3y@jpeg)
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Reposted by Andrew Guthrie Ferguson
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