Mary Anne Franks writes: The sexting phenomenon reveals much about contemporary social attitudes towards sexual expression, consent, and privacy, especially with regard to minors. One of the most troubling aspects of the debate over what can and should be done about “sexting-gone-bad” scenarios is the tendency to treat the parties involved as more or less…
Category: Court
Ninth Circuit Decides Cotterman Case, Reversing District Court on Laptop Seizure at the Border
Orin Kerr writes: Back in 2009, I blogged about United States v. Cotterman, a fascinating Fourth Amendment case from the District of Arizona involving a forensic search of a computer seized at the U.S./Mexico border. Ninth Circuit precedent holds that the government can search a computer at the border with no suspicion under the border search exception,…
Czech court bans telephone data retention
Associated Press reports: The Czech Republic’s Constitutional Court has overturned parts of a law that force telephone operators to retain data on telephone calls and Internet traffic. The court said Thursday the practice is unconstitutional. It says the provisions ordering data on all calls, faxes, text messages and e-mail exchanges to be retained for six…
Tolentino v. NY writ of certiorari dismissed
I’ve mentioned Tolentino two times on this blog – mostly because of a powerful amicus brief filed by EPIC that addresses the use of databases that often contain erroneous information. The question before the Supreme Court in Tolentino, as summarized by SCOTUSblog was: Whether pre-existing identity-related governmental documents, such as motor vehicle records, obtained as…