Susan Tanner — Articles

From Data to Decisions: Why AI Inferences Should Count as ‘Effects’ Under the Fourth Amendment

Minnesota Journal of Law, Science and Technology, Vol. 27: Iss. 2

This Article argues that AI-driven microtargeting, enabled by large-scale data brokerage and increasingly acquired by government actors, creates a dual constitutional problem. First, it undermines Fourth Amendment protections through what has become known as the ‘data broker loophole.’ Second, it...