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16 Dec 2013, 10:22 pm
Paul summarized Judge Leon’s opinion of Smith v. [read post]
16 Dec 2013, 6:37 pm
Last month, the Supreme Court declined to hear an unusual challenge to the program by the Electronic Privacy Information Center, which had sought to bypass lower courts.ADDED: Orin Kerr has some sharp analysis:Judge Leon’s first and most fundamental move is to distinguish Smith v. [read post]
16 Dec 2013, 3:54 pm
(Orin Kerr) In this post, I’ll offer a few thoughts on Judge Leon’s remarkable opinion on NSA surveillance. [read post]
16 Dec 2013, 11:55 am
(Orin Kerr) And now for something completely different: In an astonishing opinion, Judge Leon of the DC District Court has held that the NSA’s bulk collection of telephony metadata violates the Fourth Amendment and has enjoined the entire program (stayed pending appeal). [read post]
14 Dec 2013, 1:35 am
Buhman is much clearer and carefully-reasoned that Orin finds it to be. [read post]
3 Oct 2013, 11:41 pm
(Orin Kerr) Last week, Judge Koh handed down a significant decision about the legality of e-mail scanning in the case of In Re: Google, Inc Gmail Litigation. [read post]
23 Sep 2013, 10:33 am
Grits is swamped with work this week and blogging will be light, but here are a few odds and ends that merit readers' attention:Kerry Max Cook updateThe Austin Statesman reports that Kerry Max Cook's "lawyers will soon file a petition for actual innocence in Smith County" seeking to finally, formally overturn his false conviction. [read post]
17 Sep 2013, 6:03 pm
An individual has no legitimate expectation of privacy with respect to telephone numbers he dialed and thereby conveyed to the company, the Supreme Court concluded in Smith. [read post]
10 Sep 2013, 7:29 am
At a Heritage event, Barnett and Eugene Volokh debated, and the other Orin, Senator Orrin Hatch (update: the Senator has 2 Rs) gave remarks on the constitutionality of Obamacare. [read post]
30 Jul 2013, 1:45 pm
(Orin Kerr) Last year, I blogged extensively about the pending Fifth Circuit case on Fourth Amendment protection for cell-site data. [read post]
29 Jul 2013, 10:38 pm
Smith, 920 N.E.2d 949 (Ohio 2009). [read post]
4 Mar 2013, 9:36 am
Justice Alito's concurrence, Smith noted, also did not cite to the mosaic theory. [read post]
30 Dec 2012, 9:13 pm
Although it’s not an IAC case, the SCOTUS also issued Smith v. [read post]
1 Dec 2012, 4:26 am
At Volokh Conspiracy, Orin Kerr discusses a good ruling out of the 9th Circuit in United States v. [read post]
'Standing up for Mr. Nesbitt,' tracking the cell-phone trackers, and other digital forensics stories
26 Nov 2012, 9:51 am
Today, says Judge Smith, its possible for private companies as proxies for the government "to figure out exactly where you are at any given time. [read post]
30 Oct 2012, 5:00 am
In analyzing whether evidence is tainted, I will employ the standard explained in Smith, 155 F.3d 1051. [read post]
30 Oct 2012, 5:00 am
In analyzing whether evidence is tainted, I will employ the standard explained in Smith, 155 F.3d 1051. [read post]
6 Sep 2012, 10:41 am
(Orin Kerr) On Tuesday, DOJ filed a brief in the United States District Court for the District of Columbia in United States v. [read post]
30 Aug 2012, 9:39 pm
(Orin Kerr) This is the second in a series of posts on the justiciability of Fourth Amendment disputes. [read post]
23 Aug 2012, 1:55 pm
Smith, but ended up dismissing the case on procedural grounds. [read post]
