347 | Andrew Guthrie Ferguson on How Your Data Will Be Used Against You
Sean Carroll's Mindscape: Science, Society, Philosophy, Culture, Arts, and Ideas
Sean Carroll
4.7 • 4.7K Ratings
🗓️ 16 March 2026
⏱️ 69 minutes
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Summary
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.
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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.
Transcript
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| 0:00.0 | Hello, everyone, and welcome to the Mindscape Podcast. I'm your host, Sean Carroll. As I'm recording |
| 0:04.9 | this, the week that I'm recording this, one of the many, many things that appeared in the news, |
| 0:10.1 | things are appearing in the news too quickly for any one of us to keep track these days. But one of them |
| 0:14.4 | was a bit of a conflict between the U.S. government and Anthropic, the AI company, because the Defense |
| 0:26.0 | Department wanted to use AI from Anthropic in some of their applications, and Anthropic |
| 0:31.6 | wanted certain protections that it wouldn't be used for purposes that they didn't approve of. |
| 0:37.6 | The Defense Department did not go along, and therefore the whole thing fell apart, |
| 0:41.6 | and there was much shouting and cursing back and forth. |
| 0:44.3 | And who knows how the thing is going to settle out eventually. |
| 0:47.5 | But the one thing I wanted to point out was most of the attention was given to the fact |
| 0:52.0 | that Anthropic didn't want its AIs used in autonomous |
| 0:56.9 | weaponized drones. That is to say, just put a killing machine out there and put it in the |
| 1:03.1 | control of the AI. Anthropic did not like that idea. And it's an important debate to have, |
| 1:08.9 | an important consideration. But there was another thing that they also cared about quite a bit, which was the use of their |
| 1:16.6 | AI for surveillance. Of course, the AI is not collecting the data. The AI is not out there with a |
| 1:22.7 | video camera. But as the CEO, Dario Amode, pointed out, once you have AI, the way that you can use surveillance data changes dramatically. |
| 1:34.9 | It's very easy to imagine that there is a lot of surveillance data so much that it almost can't be misused because it's just too hard to search through it, |
| 1:45.5 | at least not without some very, very specific target. |
| 1:48.8 | Until you have AI, now you can search through this huge data set |
| 1:52.9 | and basically surveil everyone in the United States without their knowledge in a very effective way. |
| 1:58.3 | So they didn't want that to happen. |
| 2:03.0 | Today's podcast is about a closely related topic, one that, you know, that set of issues is definitely connected to. The whole |
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