Welcome to the Tech Policy Podcast.

I'm Corbyn Barthold, Internet Policy Council at Tech Freedom.

Rebecca Wexler is here.

She is an assistant professor of law at the University of California, Berkeley School of Law, where she teaches,

researches, and writes on issues concerning data, technology, and criminal justice.

She's a faculty co-director of the Berkeley Center for Law and Technology and a non-resident fellow at the Brookins Institution.

She's immensely accomplished, a fact that I'll simply summarize by noting that she is published

regularly, both in mainstream publications, such as the New York Times, as well as in academic

journals, such as the Stanford Law Review.

Today we'll be talking about data rights for criminal defendants.

And it's just so great to have you on, Professor.

Thank you so much. Thanks for having me. I'm thrilled to be here.

You've brought attention to data access asymmetries in the criminal justice system.

But I think before we dive into the details of that, it's good to just set a baseline and talk about data itself.

You know, it's ever proliferating, but you know, what devices record data and which ones are coming up in criminal investigations and criminal trials?

Yeah. So as you know, as well as anybody else, probably better than most, we now just live

in a data-driven economy where we're constantly being tracked and surveilled.

Our devices are collecting data about everything we do, who we contact, where we go, although

nobody is going anywhere anymore.

Fitbit data, we're getting health data, your heartbeat, your water meter data, smart devices in your home, your light bulbs.

You know, companies are collecting data all the time.

People call this data exhaust.

...