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Category: U.S.

What is the Ninth Circuit’s Standard for Border Searches Under United States v. Cotterman?

Posted on March 11, 2013 by pogowasright.org

Orin Kerr writes: Last Friday the Ninth Circuit decided United States v. Cotterman, a case on the border search exception to the Fourth Amendment. The en banc court held that manually searching for files through a computer is allowed at the border, but that “forensic examination” at the border requires reasonable suspicion.   […] the Cotterman opinion raises…

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New Bill Would Ensure Law Enforcement Gets a Warrant Before Reading Email

Posted on March 11, 2013 by pogowasright.org

Rainey Reitman writes: Wednesday, Representatives Zoe Lofgren (D-Calif.), Ted Poe (R-Texas) and Suzan DelBene (D-Wash.) introduced legislation (H.R. 983) that would ensure law enforcement obtains a warrant before accessing our private electronic communications or location data. This bill, while not a complete fix, is trying to provide a much-needed update to the Electronic Communications Privacy Act (ECPA) of 1986….

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Student Privacy Should Not Be for Sale

Posted on March 11, 2013 by pogowasright.org

Cameron Evans of Microsoft writes: How would you react if you learned that an outside agency came to your child’s school and, without your knowledge or consent, collected confidential data about your child and then used the data they gathered to make money for themselves? Would you be upset? As a parent, I believe the…

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Calo: How To Regulate Drones

Posted on March 11, 2013 by pogowasright.org

Ryan Calo writes: I started to think about the intersection of robotics and the law in earnest a few years ago when I left private practice.  In 2011, I came to the conclusion that drones had the potential to create a new Warren and Brandeis moment.  Some combination of our visceral reaction to robotic technology,…

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