Matthew Tokson @mtokson.bsky.social · 44sI was honored to give the Keynote Address at the Nebraska Law Review's annual symposium last week. I spoke about the future of surveillance and law enforcement, and I'll post my keynote article sometime later this fall. It was a great event and I enjoyed it so much. 000
Reposted by Matthew ToksonScaling Laws @scalinglaws.bsky.social · 25/09/2026The Scaling Laws Roadshow continues! Yesterday, @kevintfrazier.bsky.social and @mtokson.bsky.social had a great discussion on AI, surveillance, and privacy at @unlcollegeoflaw.bsky.social. 152
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 22/09/2026My new paper forthcoming in the Notre Dame Law Review explains, among other things, how Flock cameras should be analyzed under Chatrie v. US. Basically, it’s going to depend on how many cameras there are. papers.ssrn.com/sol3/papers.... 0106
Matthew Tokson @mtokson.bsky.social · 22/09/2026My new paper forthcoming in the Notre Dame Law Review explains, among other things, how Flock cameras should be analyzed under Chatrie v. US. Basically, it’s going to depend on how many cameras there are. papers.ssrn.com/sol3/papers.... 0106
Matthew Tokson @mtokson.bsky.social · 11/09/2026Honored to have my essay on AI and the lessons of history featured today in Luiza Jarovsky's great AI newsletter! 000
Reposted by Matthew ToksonLuiza Jarovsky, PhD @luizajarovsky.bsky.social · 11/09/2026🚨 Can past technological developments provide a definitive answer about how AI will impact society? Should we base AI policy and regulation on specific historical examples? 131
Reposted by Matthew ToksonLuiza Jarovsky, PhD @luizajarovsky.bsky.social · 11/09/2026In his paper “AI and the Lessons of History,” @mtokson.bsky.social paints a more nuanced picture: no one person has the full picture of how a technology like AI will unfold, and multiple perspectives from different fields are necessary to inform responsible policies and effective regulation. 131
Reposted by Matthew ToksonUniversity of Utah S.J. Quinney College of Law @sjquinney.bsky.social · 10/09/2026Professor @mtokson.bsky.social, a Fourth Amendment expert, is quoted in this @bloombergtax.com article about a recent Supreme Court ruling requiring the government to get a warrant to obtain cell-phone users’ location data.news.bloombergtax.comGovernment Data Purchases in Doubt Following Geofence RulingThe recent US Supreme Court ruling requiring the government to get a warrant to obtain cell-phone users’ location data calls into doubt whether the government can buy such information from data broker... 021
Matthew Tokson @mtokson.bsky.social · 10/09/2026I'm glad to see lots of law profs posting about AI and existential risk this week. Here are some law review articles we wrote about it and how the law might address it. AI and Existential Risk - papers.ssrn.com/sol3/papers.... Systemic Regulation of AI - papers.ssrn.com/sol3/papers....papers.ssrn.comArtificial Intelligence and Existential RiskIn recent years, as concerns about artificial intelligence (AI) have grown, the federal government has taken steps to eliminate the few AI regulations that once 120
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 03/09/2026Prepping a class about the third-party doctrine and I find myself changing almost all of my notes about it to the past tense. 011
Matthew Tokson @mtokson.bsky.social · 03/09/2026Prepping a class about the third-party doctrine and I find myself changing almost all of my notes about it to the past tense. 011
Matthew Tokson @mtokson.bsky.social · 01/09/2026New on SSRN – My essay forthcoming in the Notre Dame Law Review explains the new Fourth Amendment law and applies it to internet browsing, google search history, license plate readers, pole cameras, and more. papers.ssrn.com/sol3/papers.... 063
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 27/08/2026Now up on SSRN - My essay, forthcoming in the Notre Dame Law Review, examines the Supreme Court's new Fourth Amendment doctrine and explains how lower courts should address Fourth Amendment questions going forward. papers.ssrn.com/sol3/papers.... 184
Matthew Tokson @mtokson.bsky.social · 27/08/2026Now up on SSRN - My essay, forthcoming in the Notre Dame Law Review, examines the Supreme Court's new Fourth Amendment doctrine and explains how lower courts should address Fourth Amendment questions going forward. papers.ssrn.com/sol3/papers.... 184
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 26/08/2026What is Fourth Amendment law now? My new essay, forthcoming in the Notre Dame Law Review, tries to answer that question. papers.ssrn.com/sol3/papers.... 0104
Matthew Tokson @mtokson.bsky.social · 26/08/2026What is Fourth Amendment law now? My new essay, forthcoming in the Notre Dame Law Review, tries to answer that question. papers.ssrn.com/sol3/papers.... 0104
Matthew Tokson @mtokson.bsky.social · 26/08/2026Somehow I just found out today that our 2024 paper on the systemic regulation of AI was "highly recommended" by @lsolum's Legal Theory Blog. Better late than never! papers.ssrn.com/sol3/papers.... 040
Matthew Tokson @mtokson.bsky.social · 24/08/2026Russia is experimenting with autonomous AI weapons that kill people without human involvement: www.nytimes.com/2026/08/24/w...nytimes.comA Drone Killed Three Ukrainians. It Was Guided Entirely by A.I.An attack by what Ukrainian officials said was a Russian drone with an Nvidia chip presages a dystopian future of weaponry untethered to humans. 022
Matthew Tokson @mtokson.bsky.social · 16/08/2026Randy Picker was one of my favorite professors at UChicago, and I'm so saddened by this unexpected news. 041
Matthew Tokson @mtokson.bsky.social · 13/08/2026The government is spying on activist groups and unions that opposed immigration crackdowns, reports the NYT. As the article notes, this is similar to what the FBI did under Hoover in the COINTELPRO days. www.nytimes.com/2026/08/13/u...nytimes.comU.S. Investigated Left-Leaning Groups During Minnesota Immigration CrackdownThe government conducted expansive surveillance, infiltrated group chats and obtained financial records of organizations never accused of crimes. 184
Matthew Tokson @mtokson.bsky.social · 22/07/2026I appeared on the Dateline NBC True Crime Weekly Podcast to discuss geofencing and the Fourth Amendment. podcasts.apple.com/us/podcast/m...podcasts.apple.comMysterious death of Mississippi Black teen. Doctor's ex-wife allegedly plots his murder. Plus, geofencing.Podcast Episode · Dateline: True Crime Weekly · July 16 · 32m 020
Reposted by Matthew ToksonRebecca Crootof @crootof.bsky.social · 02/09/2025As many know, @bjard.bsky.social and I have been drafting a Technology Law coursebook for a few years. We've used it to teach classes at three institutions, including Yale Law School, and others have used chapters in their techlaw classes. We're excited to share the current version more broadly! 4198
Reposted by Matthew ToksonRebecca Crootof @crootof.bsky.social · 20/07/2026Chapter 10 unpacks the Precautionary Approach, including bans (I finally got to write about AWS!), general critiques (@casssunstein.bsky.social), and variations (moratoriums, licensing regimes, burden-shifting, etc) (Sachs). It closes with a GenAI X-risk case study (@mtokson.bsky.social).docs.google.comTL Chapter 10: The Precautionary ApproachTechnology Law Chapter 10: The Precautionary Approach BJ Ard and Rebecca Crootof Last updated May 2026. Comments welcome! Cite as: BJ Ard & Rebecca Crootof, The Precautionary Approach, in Technology ... 131
Matthew Tokson @mtokson.bsky.social · 15/07/2026If Chatrie transformed Fourth Amendment law, then what is Fourth Amendment law now? In the second part of a trilogy of blog posts on the Chatrie case, I offer a potential answer. www.dorfonlaw.org/2026/07/what... 020
Reposted by Matthew ToksonMichael C. Dorf @dorfonlaw.bsky.social · 15/07/2026In the final essay of his 3-part series on Chatrie v US, @mtokson.bsky.social puts the case in larger context: SCOTUS has rejected calls to reconceptualize 4th Amendment rights in property terms and provided a firm constitutional basis for protecting privacy against new technological threats. 👇dorfonlaw.orgChatrie and the Supreme Court's Embrace of Privacy DoctrineI've been blogging here ( and here ) recently about Chatrie v. United States , the Supreme Court's landmark Fourth Amendment case decided l... 042
Reposted by Matthew ToksonMichael C. Dorf @dorfonlaw.bsky.social · 13/07/2026Chatrie v US was the first major SCOTUS 4th Amendment privacy ruling in 8 years. As @mtokson.bsky.social explains on the blog in the 2nd of a 3-part series on the case, it also established a new--sensible and protective--test for determining when surveillance requires probable cause and a warrant. 👇dorfonlaw.orgWhat is Fourth Amendment Law Going Forward?Last week, I blogged here at Dorf on Law about Chatrie v. United States , the Supreme Court’s first major Fourth Amendment case in eight ye... 021
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 06/07/2026I break down the Supreme Court's landmark Chatrie case and what it means in a new blog post at Dorf on Law. www.dorfonlaw.org/2026/07/brea... 0103
Matthew Tokson @mtokson.bsky.social · 06/07/2026I break down the Supreme Court's landmark Chatrie case and what it means in a new blog post at Dorf on Law. www.dorfonlaw.org/2026/07/brea... 0103
Reposted by Matthew ToksonMichael C. Dorf @dorfonlaw.bsky.social · 06/07/2026Don't overlook Chatrie v US, a landmark SCOTUS ruling that enhanced the constitutional privacy rights of mobile phone users (i.e., nearly everyone) and limited government's ability to evade privacy rights via the 3rd-party doctrine. @mtokson.bsky.social analyzes & praises the decision on the blog.👇dorfonlaw.orgBreaking Down Chatrie v. US, the Supreme Court’s Landmark Fourth Amendment DecisionLast week, the Supreme Court issued its first major Fourth Amendment case in six years: Chatrie v. United States . Chatrie is a massive vic... 02310
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 01/07/2026The Michigan Law Review's Book Review Issue is officially out in print! You can access it here: repository.law.umich.edu/mlr/ You can access my review here: repository.law.umich.edu/mlr/vol124/i...repository.law.umich.edu Michigan Law Review | Michigan Law Review | University of Michigan Law School 021
Matthew Tokson @mtokson.bsky.social · 01/07/2026The Michigan Law Review's Book Review Issue is officially out in print! You can access it here: repository.law.umich.edu/mlr/ You can access my review here: repository.law.umich.edu/mlr/vol124/i...repository.law.umich.edu Michigan Law Review | Michigan Law Review | University of Michigan Law School 021
Matthew Tokson @mtokson.bsky.social · 01/07/2026Update: They got both the facts and the law right. 031
Reposted by Matthew ToksonUniversity of Utah S.J. Quinney College of Law @sjquinney.bsky.social · 29/06/2026Professor @mtokson.bsky.social, an information privacy expert, was quoted in @theguardian.com about a U.S. Supreme Court ruling that law enforcement's smartphone location data warrants require privacy protections under the Fourth Amendment.theguardian.comUS supreme court rules geofence warrants require constitutional privacy protectionsLaw enforcement’s use of warrants sweeping smartphone location data requires privacy protections, court rules 112
Matthew Tokson @mtokson.bsky.social · 29/06/2026Kagan's opinion in Chatrie relies heavily on the concept of retrospective surveillance, and correctly determines that retrospective searches should take into account the entire time period of potential surveillance - just as I argue here: papers.ssrn.com/sol3/papers....papers.ssrn.comRetrospective SurveillanceRetrospective surveillance enables government officials to retrace a person’s past activities and communications in remarkable detail. Private companies and gov 010
Matthew Tokson @mtokson.bsky.social · 29/06/2026The Court sends Chatrie back to the lower court for it to determine whether the search was reasonable, "meaning that each of its steps was properly described with particularity and found to be supported by probable cause." This is the victory I hoped for. The Court got it right. 060
Matthew Tokson @mtokson.bsky.social · 29/06/2026This is huge: The court holds that police conducted a "search" for purposes of the Fourth Amendment "when they gained access to Location History data." 072
Matthew Tokson @mtokson.bsky.social · 29/06/2026Chatrie is out and it looks like privacy won! More on this as I read it. 140
Matthew Tokson @mtokson.bsky.social · 25/06/2026Yet again the Supreme Court did not release Chatrie, so there's still time to get it right. 000
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 23/06/2026My new short essay, Artificial Intelligence and the Lessons of History, is up on SSRN. papers.ssrn.com/sol3/papers.... 063
Matthew Tokson @mtokson.bsky.social · 23/06/2026My new short essay, Artificial Intelligence and the Lessons of History, is up on SSRN. papers.ssrn.com/sol3/papers.... 063
Matthew Tokson @mtokson.bsky.social · 18/06/2026No Chatrie case today at the Supreme Court - so there's still time to get Chatrie right! 000
Reposted by Matthew ToksonOrin Kerr @orinkerr.bsky.social · 17/06/2026The Michigan Law Review's annual book review issue is out, which includes @mtokson.bsky.social's review of my book, "The Digital Fourth Amendment." The review is called "Fourth Amendment Anti-Theory," and it is available here, w/ the 1st 4 pages below. repository.law.umich.edu/cgi/viewcont... 4249
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 16/06/2026Forgot to post: Our article on Decentering Property in Fourth Amendment Law is out in final form in the UChicago Law Review! lawreview.uchicago.edu/print-archiv... 092
Matthew Tokson @mtokson.bsky.social · 16/06/2026Forgot to post: Our article on Decentering Property in Fourth Amendment Law is out in final form in the UChicago Law Review! lawreview.uchicago.edu/print-archiv... 092
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 11/06/2026Dear Supreme Court clerk drafting the Chatrie opinion this month, there's still time to get the facts & law right! Facts: Chatrie did not voluntarily disclose his data. dorfonlaw.org/2024/07/the-... Law: Retrospective surveillance of protected data is a search. papers.ssrn.com/sol3/papers....dorfonlaw.orgThe Fourth Circuit Approves Warrantless Location Tracking Via Google Apps, Misunderstands How Location Tracking WorksOn May 20, 2019, a man wearing a fisherman’s hat and a traffic vest robbed a bank in Midlothian, Virginia. Unable to identify the robber, po... 031
Matthew Tokson @mtokson.bsky.social · 11/06/2026Dear Supreme Court clerk drafting the Chatrie opinion this month, there's still time to get the facts & law right! Facts: Chatrie did not voluntarily disclose his data. dorfonlaw.org/2024/07/the-... Law: Retrospective surveillance of protected data is a search. papers.ssrn.com/sol3/papers....dorfonlaw.orgThe Fourth Circuit Approves Warrantless Location Tracking Via Google Apps, Misunderstands How Location Tracking WorksOn May 20, 2019, a man wearing a fisherman’s hat and a traffic vest robbed a bank in Midlothian, Virginia. Unable to identify the robber, po... 031
Reposted by Matthew ToksonMatthew Tokson @mtokson.bsky.social · 09/06/2026New to SSRN: My short essay on the lessons of history for AI policy. It examines several historical episodes where elites made grave errors involving new technologies and threats, sometimes due to excessive optimism and sometimes excessive skepticism. papers.ssrn.com/sol3/papers....papers.ssrn.comArtificial Intelligence and the Lessons of HistoryThe history of technological advancement is often invoked as a reason for optimism about the future of artificial intelligence. AI supporters infer from history 042
Matthew Tokson @mtokson.bsky.social · 09/06/2026New to SSRN: My short essay on the lessons of history for AI policy. It examines several historical episodes where elites made grave errors involving new technologies and threats, sometimes due to excessive optimism and sometimes excessive skepticism. papers.ssrn.com/sol3/papers....papers.ssrn.comArtificial Intelligence and the Lessons of HistoryThe history of technological advancement is often invoked as a reason for optimism about the future of artificial intelligence. AI supporters infer from history 042
Reposted by Matthew ToksonMichael Pollack @michaelcpollack.bsky.social · 02/06/2026🚨Publication Day for Sidewalk Nation!🚨 Sidewalks connect us all, and they connect commerce, tech, tax, property, policing, homelessness, surveillance, free speech, socioeconomic equity, public health, climate resilience, and more. www.hup.harvard.edu/books/978067...hup.harvard.eduSidewalk Nation — Harvard University PressAn illuminating ramble along the American sidewalk: routinely unnoticed, yet central to daily life, neighborhood vitality, and significant legal controversies.Public infrastructure is as essential to ... 33312
Matthew Tokson @mtokson.bsky.social · 01/06/2026Florida sues OpenAI on various grounds (products liability, negligence, unfair trade practices), calling its products deceptive and unsafe and blaming OpenAI for several murders and suicides. variety.com/wp-content/u... 010