Surveillance & Privacy

The Lawfare Podcast: Matthew Tokson on Government Purchases of Private Data

Stephanie Pell, Matthew Tokson, Jen Patja
Monday, December 4, 2023, 8:00 AM
Is the government bypassing the Fourth Amendment to purchase private data?
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Is the Fourth Amendment doing any work anymore? In a forthcoming article entitled “Government Purchases of Private Data,” Matthew Tokson, a professor at the University of Utah S.J. Quinney College of Law, details how, in recent years, federal and state agencies have begun to purchase location information and other consumer data, as government attorneys have mostly concluded that purchasing data is a valid way to bypass Fourth Amendment restrictions. 

Lawfare Senior Editor Stephanie Pell sat down with Matthew to discuss this article, where he attempts to bring this constitutional evasion to light. They talked about the two main arguments offered for why the purchase of private data does not violate the Fourth Amendment, his responses to these arguments, and the recommendations he makes to courts, legislators, and government agencies to address the Fourth Amendment and privacy concerns surrounding government purchases of private data.

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Stephanie Pell

Stephanie Pell

StephanieKPell
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Stephanie Pell is a Fellow in Governance Studies at the Brookings Institution and a Senior Editor at Lawfare. Prior to joining Brookings, she was an Associate Professor and Cyber Ethics Fellow at West Point’s Army Cyber Institute, with a joint appointment to the Department of English and Philosophy. Prior to joining West Point’s faculty, Stephanie served as a Majority Counsel to the House Judiciary Committee. She was also a federal prosecutor for over fourteen years, working as a Senior Counsel to the Deputy Attorney General, as a Counsel to the Assistant Attorney General of the National Security Division, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Florida.
Matthew Tokson

Matthew Tokson

mtokson
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Matthew Tokson is a Professor of Law at the University of Utah S.J. Quinney College of Law, writing on the Fourth Amendment, cyberlaw, and artificial Intelligence, among other topics. He is also an affiliate scholar with Northeastern University's Center for Law, Innovation and Creativity. He previously served as a law clerk to the Honorable Ruth Bader Ginsburg and to the Honorable David H. Souter of the United States Supreme Court, and as a senior litigation associate in the criminal investigations group of WilmerHale, in Washington, D.C.
Jen Patja

Jen Patja

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Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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