Friedman, Barry, Private Data/Public Regulation (May 13, 2022). NSTL 2105 Hoover (2021), NYU School of Law, Public Law Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4117794

“This article argues that, as a matter of constitutional law, government agencies that engage in policing cannot collect digital data, particularly about individuals for whom there is no suspicion of wrongdoing, without a sufficient regulatory scheme in place. A sufficient regulatory scheme justifies collection, achieves a public end, and has adequate protections for individual rights. Unauthorized and unregulated bulk digital collection of surveillance data simply may not occur. “