Orin Kerr

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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

The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)

Last month, the Supreme Court held argument in Carpenter v. United States, the pending case on whether the Fourth Amendment protects cell-site records. There seemed to be at least five votes sympathetic to ruling for Carpenter. At the same time, there was very little agreement about how to get there. What line should the Court draw, and based on what rationale? No clear answers emerged.

Fourth Amendment

Did the Special Counsel's Access to the Transition's Emails Violate the Fourth Amendment?

There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential transition team's emails. One of the claims in Langhofer's letter is that the access violated the Fourth Amendment. I haven't seen a substantial legal analysis of this issue yet, so I thought I would try one.

U.S. Supreme Court

Microsoft Challenged the Wrong Law. Now What?

The Supreme Court recently agreed to hear an important electronic privacy case, United States v. Microsoft, on whether Microsoft has to comply with a United States search warrant for email stored by Microsoft on a server in Ireland. I’m going to explain in this post why I think the case comes to the court with a major problem. Specifically, Microsoft brought its challenge under the wrong statute.

U.S. Supreme Court

Four Thoughts on the Briefing in Carpenter v. United States

The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies to government collection of historical cell-site records. I wrote an amicus brief in the case that explains my basic views on it. I have four additional thoughts on the briefing, however, so I figured I would offer them here.