Unpacking the SECURE Data Act

At the end of last month, the Supreme Court heard oral argument in Chatrie v. United States. The case involves the use of a geofence warrant, which police use to demand information on all cellphones within a certain area and period of time. The outcome of the case, which revolves around Fourth Amendment questions, could have profound implications for location tracking and privacy in the digital age. To learn more, Tech Policy Press fellow Jake Laperruque, who is monitoring the case, spoke to Michael Price, who serves as litigation director for the Fourth Amendment Center at National Association of Criminal Defense Lawyers (NACDL), one of the lawyers representing the plaintiff.

Is the future something to be calculated and controlled, or something we shape together through democratic struggle? How should we read the convergence of Silicon Valley's "Dark Enlightenment" thinkers with a resurgent authoritarian right, and is Europe truly reckoning with what has shifted in the United States? What is driving the continent's anti-regulatory mood? What counts as "evidence" sufficient to legislate a fast-moving technology, and at what point does the demand for proof become a license for the catastrophe to arrive first?Justin Hendrix addressed these questions and more with scholar and former European Commission official Paul Nemitz, who is one of the authors of a new book titled The Open Future and its Enemies: How We Can Protect Free Society from AI Dictatorship. The book argues that three decades of under-regulation have produced the concentrations of wealth and power we now confront, and that the survival of democracy in the digital age will depend on citizens, civil society, and a new generation willing to treat their work as carrying responsibility not just for safety, but for fundamental rights and self-government.

Just days before it was set to begin last week in Lusaka, RightsCon organizer Access Now was forced to announce the annual digital and human rights conference would not proceed after it learned of Chinese pressure on the Zambian government to restrict the participation of delegates from Taiwan. The effective cancellation of the event was a huge blow to Access Now, its local civil society partners in Zambia, and to the global community of rights defenders, some of whom were already traveling when they got the news. To many, it is an ominous signal about the growing challenges to doing pro-democracy and pro-human rights work in an increasingly authoritarian world. To learn more about what transpired and what’s next, Justin Hendrix spoke to the head of Access Now, Alejandro Mayoral Baños, and the director of RightsCon, Nikki Gladstone, about their experience, why this moment matters, and what's next for the community they convene.

In this episode, Tech Policy Press fellow Chris Mills Rodrigo speaks with Katie Wells, a senior fellow at the AI Now Institute and the author of two reports on the 'gig-ification' of nursing, to dig into how AI is reshaping the profession from the inside out. Rodrigo and Wells examine what's actually being deployed in hospitals: scheduling algorithms, productivity tools, and a fast-growing app-based contingent workforce that is turning bedside care into something closer to gig work. Wells reports that these trends prefigure the broader adoption of AI in healthcare, raising questions not only about the stability of the profession and the quality of patient care, but also about how the degradation of healthcare work affects communities.

With artificial intelligence systems increasingly deployed by companies and governments to hoover up every possible unit of data and to make consequential decisions about people's employment, benefits, credit, education, housing, and health care, the United States still has no baseline federal privacy law. This week, House Republicans put a new bill on the table called the SECURE Data Act. Today’s guest is Eric Null, director of the Privacy & Data Project at the Center for Democracy & Technology. He says the bill has significant structural weaknesses even as it seeks to preempt stronger state protections that are already in place.

New Mexico Attorney General Raúl Torrez sued Meta in December 2023, alleging the company made false public statements about the safety of its platforms while knowing internally that its products facilitated child sexual exploitation. On March 24, a Santa Fe jury found Meta liable for willful violations of New Mexico’s Unfair Practices Act, awarding $375 million in civil penalties. The next phase is a bench trial, starting May 4, to decide the state's public nuisance claim and determine remedies. Justin Hendrix spoke to Torrez about the types of reforms the state hopes to secure.

What if the most consequential immigration policy decisions in America aren't being made by elected officials, or even by government agencies—but by software? Right now, a sprawling ecosystem of private technology vendors is quietly reshaping who gets flagged, detained, and deported in the United States. At the center of it is Palantir's ImmigrationOS, a platform for end-to-end automated enforcement. But it’s just one piece of a much larger machine.Today we’ll hear from the authors of a new law review article that argues that private tech vendors have become a third governing power in American immigration—sitting between the federal government and the states, encoding policy into code, and building infrastructure that increasingly poses a threat to democracy and the rule of law. Guests include:Chinmayi Sharma, an associate professor at Fordham Law School who is also affiliated with the Strauss Center at University of Texas, the Atlantic Council Cyber Statecraft Initiative, the Center for Democracy and Technology, the Georgetown Center on Privacy and Technology, and the Center for AI and Digital Policy.Sam Adler, a third year law student at Fordham Law School.

If you read, watch, or listen to financial news, you’ll find there is a boom in discussion over whether the AI boom is a bubble, and what the consequences might be if it bursts. Today’s guest says that if such a crash occurs, it will represent a significant policy opportunity—a potential point of intervention that could lead to meaningful reform of the tech sector.Asad Ramzanali is the Director of AI and Technology Policy at the Vanderbilt Policy Accelerator for Political Economy and Regulation, and author of the recent report, "After the AI Crash.""Instead of waiting for the crisis and hastily developing insufficient policies, lawmakers should prepare for this anticipated crisis now," he says.

Project Maven, a Department of Defense program launched in April 2017 to apply AI in military targeting and logistics, is now being used in live combat. Katrina Manson is a reporter and the author of Project Maven: A Marine Colonel, His Team, and the Dawn of AI Warfare, a book just published by W.W. Norton & Company that tells the history of the program. Justin Hendrix spoke to her about the book and about recent events, including the use of AI targeting in the war in Iran and the battle between the Pentagon and Anthropic over 'red lines' such as the use of AI for lethal autonomous weapons.

Last week, The Guardian reported that United States Secretary of State Marco Rubio has directed American embassies and consulates to counter foreign propaganda. Notably, the cable apparently endorses Elon Musk’s X as an “innovative” tool to help do it, even as it directs diplomats to coordinate with the US military’s psychological operations unit to counter what the administration deems as disinformation. Today’s guest is Kate Klonick, a law professor at St. John's University and a senior editor at Lawfare. In a piece on Lawfare last week, Klonick says that the State Department issuing a formal cable endorsing a specific social media platform for use in its messaging—and doing so in the same document that it encourages collaboration with military psychological operations—would have been nearly unthinkable until recent months. But it’s just the latest in a series of developments that suggest Elon Musk’s X is regarded as the preferred tool of the state. Let’s jump right in.