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
@mtokson.bsky.social
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Matthew Tokson is a professor of law at the University of Utah S.J. Quinney College of Law and a leading expert in Fourth Amendment law. He also writes about issues in privacy, artificial intelligence, judicial decision-making, and criminal punishment. He graduated from the University of Chicago Law School and served as a law clerk to the Honorable Ruth Bader Ginsburg and to the Honorable David H. Souter of the United States Supreme Court.
Jen Patja

Jen Patja

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Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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