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?
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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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.
Fourth Amendment
Does Carpenter Revolutionize the Law of Subpoenas?
Orin Kerr Tue, Jun 26, 2018, 6:44 PM
There is a lot that is extraordinary and groundbreaking in Carpenter, but the case makes only a small and likely necessary resolution of an unsettled question in the law of subpoenas.