Orin Kerr’s article, “Fourth Amendment Seizures of Computer Data,” is in the Yale Law Journal, 119:700 2010, and is available online. Here is the abstract: What does it mean to “seize” computer data for Fourth Amendment purposes? Does copying data amount to a seizure, and if so, when? This Article argues that copying data “seizes”…
Category: Featured News
When American and European Ideas of Privacy Collide
Adam Liptak reports: “On the Internet, the First Amendment is a local ordinance,” said Fred H. Cate, a law professor at Indiana University. He was talking about last week’s ruling from an Italian court that Google executives had violated Italian privacy law by allowing users to post a video on one of its services. In…
Congress Extends Library Provision of Patriot Act to 2011
Beverly Goldberg writes: The U.S. House of Representatives sent Pres. Obama a bill extending three often-contested provisions of the Patriot Act on the evening of February 26, two days before the sections were due to expire. Approved by a vote of 315–97 the night after the Senate passed the bill by voice vote, H.R.< 3961…
On Fourth Amendment Privacy: Everybody’s Wrong
Jim Harper of the Cato Institute writes: Everybody’s wrong. That’s sort of the message I was putting out when I wrote my 2008 American University Law Review law review article entitled “Reforming Fourth Amendment Privacy Doctrine.” A lot of people have poured a lot of effort into the “reasonable expectation of privacy” formulation Justice Harlan wrote about…