Modern police departments use "Big Data" technologies to collect digital information about almost every aspect of our public and private lives, storing it in large data banks, and processing it, as needed, to extract actionable knowledge, used to solve and prevent crimes. For example, police departments routinely feed data about past crimes into sophisticated learning algorithms to help them "predict the timing and location of future crimes. This Article refers to law enforcement's use of Big Data as "digital policing."
With the continued growth of digital policing, policymakers and commentators have focused their attention on a plethora of privacy and criminal procedure issues. But digital policing has other, less obvious, effects on the criminal justice system: on police practices, deterrence policy, and substantive criminal law. These collateral effects of digital policing, largely overlooked by commentators and policymakers, are the focus of this Article.