Three points to consider before Tuesday's Supreme Court oral argument.
Orin Kerr is the Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law. He is a nationally recognized scholar of criminal procedure and computer crime law. Before becoming a law professor, Kerr was a trial attorney in the Computer Crime and Intellectual Property Section at the U.S. Department of Justice and a Special Assistant U.S. Attorney in the Eastern District of Virginia. He is a former law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
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We should turn a critical eye toward the legal claim purportedly undergirding the Nunes memo.
The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)
Professor Kerr's thoughts on the best way to establish Fourth Amendment rights in cell-site records.
The answer is probably no. But that's not as obvious as many people seem to think.
Initial reactions to today's oral argument in Carpenter v. United States.
Microsoft is challenging its compliance with a U.S. search warrant for electronic communications stored on a server in Ireland under the Stored Communications Act. It should be challenging its compliance under the All Writs Act.
What does the Fourth Amendment protect?