Orin Kerr


Last quote by Orin Kerr

An interesting Fourth Amendment issue has come up in debates over the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. This is the authority, some will recall, that allows the government to collect from inside the United States the contents of communications of foreigners reasonably believed to be outside the United States without obtaining a warrant. Here’s the question, as I understand it: If a foreigner (a non-United-States person, in the statute) is communicating with a U.S. citizen inside the United States, and the government has collected the communications between them under Section 702 by targeting the foreigner, what are the Fourth Amendment limits on querying the database to find evidence of criminal activity committed implicating the United States person? In other words, after the government has collected the contents under the national security authorities based on the non-U.S. person, what are the limits on switching over to a criminal query that targets the U.S. person?feedback
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Oct 20 2017
Orin Kerr has been quoted in 16 different articles. Most recently, Orin Kerr has been quoted saying, “I don't think there are precedents one way or another on this.” in an article called Can the U.S. Government Seize an Anti-Trump Website's Visitor Logs?. This is only one of 17 quotes from Orin Kerr. To see more examples Orin Kerr’s views and opinions, check out the section below. You can filter Orin Kerr's quotes by date and by topic to see, for example, what Orin Kerr said about employee recently and in the past.
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Orin Kerr quotes

Mar 20 2017

I have blogged a few times about a pending 3rd Circuit case on the Fifth Amendment standard for compelling the decryption of a hard drive. As I explained, the case presents an opportunity to weigh in on the 11th Circuit’s standard in a similar case that I think was erroneous. The 3rd Circuit handed down its decision this morning, United States v. Apple Mac Pro Computer. The court ruled for the government without resolving which standard applies. In a footnote, however, the court hinted that it disagreed with the 11th Circuit and would have adopted the standard that I think is right if it had to choose. It’s just dicta, but it’s pretty strongly worded dicta.feedback

Mar 20 2017 - Supreme Court

Supreme Court confirmation hearings can be frustrating. If you’re watching, you probably want to know how the nominee would decide important cases if confirmed. No matter the question, however, nominees usually avoid giving revealing answers. Some fault the senators for not asking the right questions. But I don’t think it’s the senators’ fault. As I see it, there is no way to make nominees give revealing answers unless they wish to do so.feedback

Mar 17 2017 - Youtube

Several federal circuits have ruled that there is no 4th Amendment reasonable expectation of privacy in historical cell-site location information. The Ninth Circuit held argument on the question this morning in United States v. Gilton before a strong panel of Judges Wallace, McKeown, and Bybee. Thanks to the Ninth Circuit’s open access policies, you can watch the video here on Youtube.feedback

Feb 21 2017

It's there, not in the context of a cross-border shooting, that the Fourth Amendment question in Hernandez seems to matter most.feedback

Jan 27 2017

The argument would be that the authorization to use the account was only for employees and implicitly that was extinguished when the employee left government employment.feedback

Dec 21 2016

A lot of it is unrecognizable from a Fourth Amendment perspective. It's not where the traditional Fourth Amendment law is.feedback

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