The Lawfare Podcast

Lawfare Archive: The Hidden Alliance Between Tech and Government

Apr 12, 2025

Byron Tau, a reporter with The Wall Street Journal, dives into the unsettling alliance between tech companies and the U.S. government in his discussion. He reveals how the government acquires personal data from private sources with minimal legal oversight. The conversation highlights the implications for privacy and civil liberties, as well as the pressing need for reform. Tau also challenges listeners to rethink their understanding of data usage and the balance between national security and individual rights in the digital age.

38:52

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Byron Tau

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Quick takeaways

The U.S. government increasingly purchases private data from brokers with minimal legal restriction, raising significant privacy and civil liberties concerns.

The reliance on such purchased data for intelligence and law enforcement challenges the balance between governmental power and individual rights in a democratic society.

Deep dives

The Dark Side of Surveillance Capitalism

The U.S. government's increasing reliance on private data for intelligence and law enforcement purposes reveals a concerning trend in surveillance capitalism. This practice involves the government purchasing vast amounts of personal data collected by data brokers, often with minimal legal restrictions. The use of such data poses significant threats to privacy and civil liberties, as individuals are often unaware that their personal information is being bought and sold in the marketplace. The phenomenon challenges the traditional balance between government power and individual rights, with profound implications for democratic accountability and personal privacy.

Intro

2min

Surveillance and Data Brokers

18min

Navigating Business Challenges in a Digital Era

6min

The Third-Party Doctrine and Data Privacy

17min

Reexamining Privacy Rights in the Age of Data

3min

Navigating Personal Data Privacy in the Digital Age

2min

From March 8, 2024: The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes.

Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice.

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