347 | Andrew Guthrie Ferguson on How Your Data Will Be Used Against You

Sean Carroll's Mindscape: Science, Society, Philosophy, Culture, Arts, and Ideas

In the 18th century, philosopher Jeremy Bentham suggested the Panopticon as a model of a prison where inmates could be constantly observed by just a single prison guard. Although his original idea was never built, the word has come to indicate any system of social control through constant surveillance. Nowadays, we are close to creating such a system, not for prisons, but for our everyday lives. The data about our whereabouts and doings is collected by our smart devices, and available for search by the authorities. I talk with law professor Andrew Guthrie Ferguson about the new reality, as discussed in his book Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance.

Blog post with transcript: https://www.preposterousuniverse.com/podcast/2026/03/16/347-andrew-guthrie-ferguson-on-how-your-data-will-be-used-against-you/

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Andrew Guthrie Ferguson received his J.D. from the University of Pennsylvania, and an LL.M. from Georgetown University. He is currently a professor of law at George Washington University Law School. He is a member of the American Law Institute (ALI) and was an Advisor to the ALI Principles of the Law, Policing Project. He previously worked as a supervising attorney at the Public Defender Service for the District of Columbia.

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In the 18th century, philosopher Jeremy Bentham suggested the Panopticon as a model of a prison where inmates could be constantly observed by just a single prison guard. Although his original idea was never built, the word has come to indicate any system of social control through constant surveillance. Nowadays, we are close to creating such a system, not for prisons, but for our everyday lives. The data about our whereabouts and doings is collected by our smart devices, and available for search by the authorities. I talk with law professor Andrew Guthrie Ferguson about the new reality, as discussed in his book Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance.

Blog post with transcript: https://www.preposterousuniverse.com/podcast/2026/03/16/347-andrew-guthrie-ferguson-on-how-your-data-will-be-used-against-you/

Support Mindscape on Patreon.

Andrew Guthrie Ferguson received his J.D. from the University of Pennsylvania, and an LL.M. from Georgetown University. He is currently a professor of law at George Washington University Law School. He is a member of the American Law Institute (ALI) and was an Advisor to the ALI Principles of the Law, Policing Project. He previously worked as a supervising attorney at the Public Defender Service for the District of Columbia.

2026-03-16 68 min Transcript
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