EPIC has filed suit against the U.S. Dept. of Education over its recent amendments to the Family Education Rights Privacy Act (FERPA). The federal complaint, which was filed in the D.C. District Court yesterday, alleges that the amendments are not in accordance with the law and exceeded USED’s authority. The amendments provided definitions of terms such…
Category: U.S.
Does Jones Create A Right Not to Be Videotaped in Public Without A Warrant?
Orin Kerr always provides foods for thought. In another blog post yesterday, he writes: Two Justices of the Montana Supreme Court think so, based on a special concurrence in Montana State Fund v. Simms (February 1, 2012). Justice Nelson (joined by Justice Wheat) suggests that under United States v. Jones, the Fourth Amendment limits the government’s ability to…
Judge Posner on Searching a Cell Phone Incident to Arrest
Orin Kerr writes: I am often filled with a mild sense of both excitement and dread when I learn that Judge Posner has authored an opinion in areas of law that I follow closely. Excitement, because I know it will be fascinating to read. And dread, because I know it will be filled with extensive…
Can Magistrate Judges Rule on How the Fourth Amendment Applies to the Execution of a Court Order At the Time of the Application?
Orin Kerr writes: Last week, I filed an amicus brief in the Fifth Circuit on a very important question in high-tech crime investigations. As far as I know, the issue is a matter of first impression in any court. Here’s the question: When privacy statutes require the government to obtain a court order before collecting records or…