Scholarship
Implementing Carpenter
Orin Kerr Mon, Dec 17, 2018, 11:36 AM
Professor Kerr tackles new directions in Fourth Amendment law with two draft chapters from a forthcoming book.
Orin Kerr is the Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law. He is a nationally recognized scholar of criminal procedure and computer crime law. Before becoming a law professor, Kerr was a trial attorney in the Computer Crime and Intellectual Property Section at the Department of Justice and a Special Assistant U.S. Attorney in the Eastern District of Virginia. He is a former law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
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Encryption
The Fifth Amendment and Compelled Decryption
Orin Kerr Thu, Oct 11, 2018, 6:14 PM
How should a court rule when the subject of an order to compel decryption of a device pleads the Fifth Amendment?
Fourth Amendment
Opening a File Whose Hash Matched Known Child Pornography Is Not a ‘Search,’ Fifth Circuit Rules
Orin Kerr Sat, Aug 18, 2018, 10:09 AM
How to think about a recent privacy case before the U.S. Court of Appeals for the Fifth Circuit.
Fourth Amendment
Public Utility's Recording of Home Energy Consumption Every 15 Minutes Is a 'Search,' Seventh Circuit Rules
Orin Kerr Fri, Aug 17, 2018, 12:29 PM
The decision is an interesting measure of where Fourth Amendment law may go in the post-Carpenter era.
Teaching National Security Law
2018 Case Supplement for ‘Computer Crime Law, 4th Edition’
Orin Kerr Tue, Jul 31, 2018, 12:52 PM
A midyear supplement to cover the Supreme Court's Carpenter decision, the Cloud Act and more.
Brett Kavanaugh
Judge Kavanaugh on the Fourth Amendment
Orin Kerr Sat, Jul 21, 2018, 11:07 AM
How might a Justice Kavanaugh approach search and seizure cases ?
Fourth Amendment
When Does a Carpenter Search Start—and When Does It Stop?
Orin Kerr Fri, Jul 6, 2018, 10:24 AM
Carpenter holds, for the first time, that a search can occur without it being a taking of information from any particular place, thing, or person.