In this episode of 'Discourse,' host Wayne Unger, a law professor and former Silicon Valley professional, discusses critical privacy issues intersecting with law, politics, technology, and business. Starting with the privacy implications of federal court rulings on immigration enforcement near houses of worship, Unger moves to potential Supreme Court recognition of a right to informational privacy under the 14th Amendment due to breaches by the Department of Government Efficiency (DOJ). The episode culminates with an analysis of law enforcement's use of facial recognition and AI tools, raising concerns about wrongful arrests. Unger also discusses the contentious use of AI to evaluate federal employees' job effectiveness, highlighting the problematic nature of such technological reliance. Listeners are invited to engage further through social media and the show's website.
00:00 Introduction to Discourse
00:31 Today's Episode Overview
00:50 Privacy and Immigration Enforcement
03:00 Federal Court Ruling on Sensitive Locations
06:05 Preliminary Injunctions Explained
09:19 First Amendment and Free Exercise Clause
13:36 Smith Doctrine and Judicial Scrutiny
20:57 Case Study: Iranian Asylum Seeker
24:59 Introduction to Informational Privacy
35:46 The Right to Informational Privacy: A Legal Overview
37:00 Key Cases: Whelan v. Roe and NASA v. Nelson
41:54 DOJ's Access to Databases: Privacy Concerns
42:50 The Privacy Act of 1974 and DOJ's Statutory Violations
46:03 Epic's Legal Battle Against DOJ
50:05 The Fourth Amendment and AI in Law Enforcement
55:40 AI's Bias and Errors: Implications for Law Enforcement
01:00:33 Federal Employees and AI Evaluation: A Controversial Move
01:07:02 Conclusion and Final Thoughts
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