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Orin Kerr: A Few Thoughts on the DOJ Brief in the Lavabit Case

Posted on November 14, 2013 by pogowasright.org

Orin writes:

DOJ has filed its brief in the Lavabit appeal before the Fourth Circuit. I blogged at length on Lavabit’s brief, so I thought I would offer a few thoughts on DOJ’s brief:

1) In general, it’s a solid brief. It’s going to be extremely unpopular in the IANAL computer nerd world, obviously, but it’s mostly pretty solid on the law.

2) DOJ brings up some provocative facts not found in the Lavabit brief that are not going to help Lavabit before the Fourth Circuit judges.

Read more on The Volokh Conspiracy, while I ponder whether Orin includes me in the “IANAL computer nerd” reference. 🙂

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