Matthew Tokson
@mtokson.bsky.social
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
Bio here: https://faculty.utah.edu/u6012359-Matthew_Tokson/hm/index.hml
Pinned
Matthew Tokson
@mtokson.bsky.social
· Mar 17
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
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.
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.
This lazy take on "AI interaction privilege" in today's
@nytimes.com is doubly wrong. First, it's wrong that Google searches and private AI chats are unprotected under the 4th Amendment. Second, it's wrong that we should protect AI queries based on a therapist-style privilege. 1/
@nytimes.com is doubly wrong. First, it's wrong that Google searches and private AI chats are unprotected under the 4th Amendment. Second, it's wrong that we should protect AI queries based on a therapist-style privilege. 1/
November 10, 2025 at 8:38 PM
This lazy take on "AI interaction privilege" in today's
@nytimes.com is doubly wrong. First, it's wrong that Google searches and private AI chats are unprotected under the 4th Amendment. Second, it's wrong that we should protect AI queries based on a therapist-style privilege. 1/
@nytimes.com is doubly wrong. First, it's wrong that Google searches and private AI chats are unprotected under the 4th Amendment. Second, it's wrong that we should protect AI queries based on a therapist-style privilege. 1/
New lawsuit challenging NY's semi-pervasive AI camera system, similar to systems now used in many American cities. This is the next frontier in modern Fourth Amendment law.
More here: papers.ssrn.com/sol3/papers....
More here: papers.ssrn.com/sol3/papers....
NEW: An NYPD camera points directly into their bedroom. They’re suing the city over it. It’s the first suit to take on the NYPD’s massive surveillance network, the largest in the world, that police use to track and profile millions of New Yorkers every day theintercept.com/2025/10/28/n...
An NYPD Camera Points Directly Into Their Bedroom. They’re Suing the City Over It.
The NYPD’s little-noted citywide surveillance system draws on a vast network of public and private cameras.
theintercept.com
October 28, 2025 at 1:34 PM
New lawsuit challenging NY's semi-pervasive AI camera system, similar to systems now used in many American cities. This is the next frontier in modern Fourth Amendment law.
More here: papers.ssrn.com/sol3/papers....
More here: papers.ssrn.com/sol3/papers....
CBP says it can arrest US citizens on reasonable suspicion of illegal entry into the US rather than probable cause. This is unlawful; probable cause is constitutionally required for arrest.
x.com/pjaicomo/sta...
x.com/pjaicomo/sta...
x.com
October 9, 2025 at 4:34 PM
CBP says it can arrest US citizens on reasonable suspicion of illegal entry into the US rather than probable cause. This is unlawful; probable cause is constitutionally required for arrest.
x.com/pjaicomo/sta...
x.com/pjaicomo/sta...
My car made me feel old today
October 7, 2025 at 4:21 PM
My car made me feel old today
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....
This violates the Fourth Amendment, as I explain in a recent article: papers.ssrn.com/sol3/papers....
www.404media.co
October 3, 2025 at 2:14 PM
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....
This violates the Fourth Amendment, as I explain in a recent article: papers.ssrn.com/sol3/papers....
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.
“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.
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
October 2, 2025 at 2:24 PM
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.
Even today's relatively primitive AIs are directly hurting people and ruining lives. They're largely unregulated and AI companies have ignored safety issues.
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.
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
August 15, 2025 at 12:24 PM
Even today's relatively primitive AIs are directly hurting people and ruining lives. They're largely unregulated and AI companies have ignored safety issues.
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...
www.supremecourt.gov/DocketPDF/25...
August 4, 2025 at 7:05 PM
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...
www.supremecourt.gov/DocketPDF/25...
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.
July 2, 2025 at 7:12 PM
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
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
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
July 1, 2025 at 1:56 PM
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
Gift link to my story on how it happened and who's celebrating: wapo.st/3TOyiaG
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).
(It might also be removed by amendment because many Senators of both parties oppose it outright).
"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
June 26, 2025 at 10:11 PM
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).
(It might also be removed by amendment because many Senators of both parties oppose it outright).
I hit 10,000 SSRN downloads today! Grateful to all my readers.
papers.ssrn.com/sol3/cf_dev/...
papers.ssrn.com/sol3/cf_dev/...
June 16, 2025 at 2:05 PM
I hit 10,000 SSRN downloads today! Grateful to all my readers.
papers.ssrn.com/sol3/cf_dev/...
papers.ssrn.com/sol3/cf_dev/...
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...
www.scotusblog.com/cases/case-f...
Martin v. United States
www.scotusblog.com
June 12, 2025 at 6:55 PM
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...
www.scotusblog.com/cases/case-f...
Reposted by Matthew Tokson
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...
lawreview.uchicago.edu/sites/defaul...
June 11, 2025 at 2:01 PM
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...
lawreview.uchicago.edu/sites/defaul...
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...
lawreview.uchicago.edu/sites/defaul...
June 11, 2025 at 2:01 PM
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...
lawreview.uchicago.edu/sites/defaul...
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.
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
June 4, 2025 at 1:11 PM
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.
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.
The Supreme Court grants four new cases. www.supremecourt.gov/orders/court...
June 2, 2025 at 2:06 PM
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.
Timely book 👇
... did someone say SCOTUS is being ... *clears throat* LAWLESS? And just trying to protect the Republican Party (and themselves, and their billionaire BFFs) from a market crash?
If you want to read a book about this ... bookshop.org/p/books/lawl...
If you want to read a book about this ... bookshop.org/p/books/lawl...
May 23, 2025 at 1:06 AM
Timely book 👇
It's unclear just how many and how often police departments purchase sensitive private data. But intelligence agencies appear to be buying it regularly and on a massive scale.
The Trump administration is building a central online marketplace for the Intelligence Community to buy private information about individuals from unregulated data brokers — coming soon to www.icdata.gov
theintercept.com/2025/05/22/i...
theintercept.com/2025/05/22/i...
U.S. Spy Agencies Are Getting a One-Stop Shop to Buy Your Most Sensitive Personal Data
The government wants to build a centralized platform where spy agencies can more easily buy private info about millions of people.
theintercept.com
May 23, 2025 at 12:22 AM
It's unclear just how many and how often police departments purchase sensitive private data. But intelligence agencies appear to be buying it regularly and on a massive scale.
Reposted by Matthew Tokson
@sjquinney.bsky.social law professor @mtokson.bsky.social talked to Sidebar co-host Amanda Pampuro about the challenges associated with regulating AI during its infancy.
Sidebar by @courthousenews.bsky.social episode on AI: podcasts.apple.com/us/podcast/e...
Sidebar by @courthousenews.bsky.social episode on AI: podcasts.apple.com/us/podcast/e...
May 21, 2025 at 3:21 PM
@sjquinney.bsky.social law professor @mtokson.bsky.social talked to Sidebar co-host Amanda Pampuro about the challenges associated with regulating AI during its infancy.
Sidebar by @courthousenews.bsky.social episode on AI: podcasts.apple.com/us/podcast/e...
Sidebar by @courthousenews.bsky.social episode on AI: podcasts.apple.com/us/podcast/e...
I appeared on the Sidebar podcast (at the 18 minute mark) to talk about frontier AI and the law, along with a bunch of tech folks, professors, and ChatGPT itself. Check it out here: podcasts.apple.com/us/podcast/e...
Electric Sheep
Podcast Episode · Sidebar by Courthouse News · 05/13/2025 · 40m
podcasts.apple.com
May 15, 2025 at 3:23 PM
I appeared on the Sidebar podcast (at the 18 minute mark) to talk about frontier AI and the law, along with a bunch of tech folks, professors, and ChatGPT itself. Check it out here: podcasts.apple.com/us/podcast/e...
I appeared on the Sidebar podcast to talk about frontier AI and the law, along with a bunch of tech folks, professors, and ChatGPT itself. Check it out here: podcasts.apple.com/us/podcast/e...
Electric Sheep
Podcast Episode · Sidebar by Courthouse News · 05/13/2025 · 40m
podcasts.apple.com
May 15, 2025 at 1:34 PM
I appeared on the Sidebar podcast to talk about frontier AI and the law, along with a bunch of tech folks, professors, and ChatGPT itself. Check it out here: podcasts.apple.com/us/podcast/e...
Reposted by Matthew Tokson
Michael C. Pollack (@michaelcpollack.bsky.social) & Matthew Tokson (@mtokson.bsky.social) expose the flaws of property-centered Fourth Amendment law, showing how it can be manipulated, exclude digital privacy, and leave society’s most disadvantaged with the least protection.
May 4, 2025 at 1:09 AM
Michael C. Pollack (@michaelcpollack.bsky.social) & Matthew Tokson (@mtokson.bsky.social) expose the flaws of property-centered Fourth Amendment law, showing how it can be manipulated, exclude digital privacy, and leave society’s most disadvantaged with the least protection.
Reposted by Matthew Tokson
Volume 92.3 is now live, featuring pieces by Conor Clarke & Henry Hansmann; @michaelcpollack.bsky.social & @mtokson.bsky.social; Adriana Z. Robertson, Pat Akey & Mikhail Simutin; and Aziz Huq. You can find them all here: lawreview.uchicago.edu.
May 4, 2025 at 1:05 AM
Volume 92.3 is now live, featuring pieces by Conor Clarke & Henry Hansmann; @michaelcpollack.bsky.social & @mtokson.bsky.social; Adriana Z. Robertson, Pat Akey & Mikhail Simutin; and Aziz Huq. You can find them all here: lawreview.uchicago.edu.
I have a new piece in Lawfare on AI policing and how it facilitates authoritarianism.
www.lawfaremedia.org/article/the-...
www.lawfaremedia.org/article/the-...
The Authoritarian Risks of AI Surveillance
AI-powered surveillance facilitates authoritarianism across the globe. Here’s how courts and lawmakers could stop it from happening here.
www.lawfaremedia.org
May 1, 2025 at 8:16 PM
I have a new piece in Lawfare on AI policing and how it facilitates authoritarianism.
www.lawfaremedia.org/article/the-...
www.lawfaremedia.org/article/the-...