Orin Kerr shares his observations on Carpenter v. United States, a case concerning whether the Fourth Amendment applies to government collection of historical cell-site records.
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
The European Commission, in its first review of the EU-U.S. Privacy Shield framework, has determined that the U.S. is in compliance. This post summarizes the EC’s findings and recommendations.
This fall the Supreme Court will reconsider the Fourth Amendment “third-party doctrine” in Carpenter v. United States; the court’s decision implicate both the reauthorization of FISA Section 702 and international privacy regulation.
On Friday, FBI Director Christopher Wray delivered a speech at the Heritage Foundation concerning FISA Section 702. The following is his speech as delivered:
The House Judiciary Committee's proposed reforms to the Section 702 program seem to tie the intelligence community's hands for no reason.
How Section 702 could be collateral damage of this manufactured uproar.
Orin Kerr, professor at George Washington University Law School, filed an amicus brief today in support of the respondent in Carpenter vs. U.S. The brief, which may be of interest to Lawfare readers, is available here:
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