What if the technology making your phone "smart" is actually making you vulnerable to mass surveillance?

In this episode of History of the Future, hosts Jonathan Hofer and Caleb Petitt examine how modern geofence warrants are reviving a centuries-old conflict over government surveillance. They trace the origins of the Fourth Amendment’s protection against “general warrants” to colonial America and the landmark 1761 case involving John Wilkes, showing how fears of broad, suspicionless searches echo in today’s digital world.

The hosts explain how geofence warrants allow police to obtain location data from every device within a defined area, potentially sweeping innocent people into criminal investigations before identifying any actual suspect. They also explore why smartphones make opting out of location tracking increasingly difficult, while challenging the outdated third-party doctrine and debating the “bailment theory” of digital privacy.

What You Will Learn:

• Why "general warrants" terrified the American founders
• The John Wilkes story
• How geofence warrants actually work in three sketchy steps
• Why turning off location tracking essentially breaks your smartphone
• The "bailment theory" of privacy: why your data is like a valet-parked car
• How to think critically about any new surveillance tech

Jonathan Hofer is a Research Fellow at the Independent Institute, focusing on public policy, political science, privacy, and surveillance. With expertise spanning technology regulation, economic policy, and historical analysis, he brings a multidisciplinary lens to understanding how emerging technologies like AI reshape society.

Caleb Petitt is a Research Associate at the Independent Institute with a background in economic history. He specializes in analyzing how technological disruption reshapes labor markets and economic growth, drawing on historical parallels from the Industrial Revolution to contemporary technological shifts.

Episode Resources:

• Jonathan Hofer on LinkedIn: https://www.linkedin.com/in/jonathan-hofer-a0b14219a
• Caleb Petitt on LinkedIn: https://www.linkedin.com/in/caleb-petitt-111126187
• Independent Institute URL for the podcast page: https://www.independent.org/podcast/history-of-the-future
• Independent Institute Website: https://www.independent.org

• (00:00:02) - Historical of the Future
• (00:01:19) - The Supreme Court's Decision on Geofence Watches
• (00:03:25) - Google vs. Virginia Police
• (00:05:08) - NSA's Surveillance of Americans
• (00:06:46) - General Wills vs. Massachusetts
• (00:12:01) - William Wilkes on the Fourth Amendment
• (00:18:54) - Geofence Warrant and General Waivers
• (00:22:35) - Do You Own Your Data?
• (00:33:14) - Geofence warrants: Should They Be Illegal?
• (00:37:10) - Geofence: A Turning Point
• (00:40:42) - History of the Future