Matthew Tokson
@mtokson.bsky.social
9.9K followers 730 following 120 posts
Law professor at U. Utah, teaching criminal law and procedure, privacy, AI, cyberlaw. My writing is here: tinyurl.com/ycw29snm Bio here: https://faculty.utah.edu/u6012359-Matthew_Tokson/hm/index.hml
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mtokson.bsky.social
My new article, for a symposium at UPenn, is now up on SSRN. It's about Artificial Intelligence and the 4th Amendment.

papers.ssrn.com/sol3/papers....

It makes 2 claims:
1) AI surveillance and policing facilitates authoritarianism.
2) Anti-authoritarian 4th Amendment theory can help address it.
Artificial Intelligence and the Anti-Authoritarian Fourth Amendment
<p>Today, the most influential branch of Fourth Amendment scholarship conceives of the Fourth Amendment’s central purpose as preserving citizen privacy against
papers.ssrn.com
mtokson.bsky.social
My car made me feel old today
Radio description of Lovefool as Oldies
mtokson.bsky.social
ICE has resumed purchasing location data on hundreds of millions of Americans: www.404media.co/ice-to-buy-t...
This violates the Fourth Amendment, as I explain in a recent article: papers.ssrn.com/sol3/papers....
www.404media.co
mtokson.bsky.social
Having meaningful Fourth Amendment remedies in place is important because without them you eventually get this - federal agents dragging US citizens from their homes without cause.
walterolson.bsky.social
“ABC7 spoke to Pertissue Fisher, a woman who lives in the building. She said ICE agents took everyone in the building, including her, and asked questions later….’They was bringing the kids down, too, had them zip tied to each other.’”

It can’t happen here, you say. But it is happening.
ICE agents raid South Shore apartments; Trump says Chicago could become military training ground
ICE agents raided a South Shore apartment building overnight as the city braces for a possible military deployment.
abc7chicago.com
mtokson.bsky.social
Finally, there will be lots of podcasts.
mtokson.bsky.social
Even today's relatively primitive AIs are directly hurting people and ruining lives. They're largely unregulated and AI companies have ignored safety issues.
paleofuture.bsky.social
I filed a FOIA request with the FTC to get user complaints about ChatGPT.

In one case from Utah, a mother reports her son was experiencing a delusional breakdown and ChatGPT told him to stop taking his medication. The AI bot also told him that his parents were dangerous.
'This Was Trauma by Simulation': ChatGPT Users File Disturbing Mental Health Complaints
Gizmodo obtained consumer complaints to FTC through a FOIA request.
gizmodo.com
mtokson.bsky.social
I'm late to the news that a cert petition has been filed in the US v. Chatrie geofence case. Thanks to Adam Unikowsky and the EDVA public defenders' office for the shout-outs. Fingers crossed for a grant.
www.supremecourt.gov/DocketPDF/25...
mtokson.bsky.social
+1, I was also going to recommend the first Black Sabbath album
mtokson.bsky.social
Art Brut, Modern Art only references the color of a Hockney, but it rocks. youtu.be/ATvs7E1NrEk?...
g.co
mtokson.bsky.social
I recently came across this Ohio Court of Appeals case that adopts the Carpenter Test overtly - the first court to do so! (Hundreds of courts have used these factors informally.) Thank you to Judges Mental, Boggs, and Edelstein for their kind references to my work.
Reposted by Matthew Tokson
willoremus.com
In a stunning reversal, the Senate voted 99-1 this morning to strip from Trump's big bill a 10-year moratorium on state-level AI regulations.

Gift link to my story on how it happened and who's celebrating: wapo.st/3TOyiaG
In dramatic reversal, Senate votes to kill AI-law moratorium
A GOP-led bid to stop states from regulating AI collapsed after a deal to save it fell through.
www.washingtonpost.com
mtokson.bsky.social
The Senate Parliamentarian asks Senators to rewrite the proposed 10-year moratorium on state AI regulation. An important development that might limit the scope of this extremely wrongheaded provision.

(It might also be removed by amendment because many Senators of both parties oppose it outright).
justinhendrix.bsky.social
"The Senate parliamentarian is asking the Senate Commerce Committee to rework its 10-year moratorium on enforcing state artificial intelligence laws, according to ranking member Maria Cantwell." www.politico.com/live-updates...
Parliamentarian requests AI moratorium rewrite
At issue is the scope of funding that will be conditioned on states complying with a 10-year pause on enforcing their AI laws.
www.politico.com
mtokson.bsky.social
If you could get a review copy of this to me (and even if you can't) I might write a review of this when it comes out. The Church Report is pretty foundational to Fourth Amendment and surveillance studies.
mtokson.bsky.social
I hit 10,000 SSRN downloads today! Grateful to all my readers.
papers.ssrn.com/sol3/cf_dev/...
mtokson.bsky.social
The Supreme Court unanimously holds that a lawsuit can proceed against an FBI SWAT team for raiding the wrong house.
www.scotusblog.com/cases/case-f...
Martin v. United States
www.scotusblog.com
Reposted by Matthew Tokson
mtokson.bsky.social
Our new paper, Decentering Property in Fourth Amendment Law is now out in the U. Chicago Law Review! It argues that property concepts should be used very carefully, and very little, in modern Fourth Amendment law.
lawreview.uchicago.edu/sites/defaul...
mtokson.bsky.social
Are many law professors on Linkedin? I've never tried it.
mtokson.bsky.social
Our new paper, Decentering Property in Fourth Amendment Law is now out in the U. Chicago Law Review! It argues that property concepts should be used very carefully, and very little, in modern Fourth Amendment law.
lawreview.uchicago.edu/sites/defaul...
mtokson.bsky.social
I largely side with the Princeton School folks on AI timelines. I don't think supercapable AI is just around the corner. But I side with the AI 2027 folks on the need for robust regulation of this dangerous technology. We need more than these two viewpoints.
princetonupress.bsky.social
For @newyorker.com, Joshua Rothman spoke with @randomwalker.bsky.social and @sayash.bsky.social, authors of AI Snake Oil and a recently published paper “AI as Normal Technology”, which argues that practical obstacles will slow AI’s uses and potential: www.newyorker.com/culture/open...
Two Paths for A.I.
The technology is complicated, but our choices are simple: we can remain passive, or assert control.
www.newyorker.com
mtokson.bsky.social
It's also kind of funny to have a major case named Case.
mtokson.bsky.social
The Supreme Court grants Case v. Montana, on whether police need Probable Cause to enter a home for community caretaking purposes (i.e. to break up a fight or save a heart attack victim). Interesting case! It'll be nice to have clarity on the issue, whatever happens.