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12 Aug 2013, 8:40 am
For example, I think that Blackman pays too little attention to the Necessary and Proper Clause issues in the case, which scholars as varied as Andrew Koppelman (discussed below), co-blogger Orin Kerr, and myself all believed was the federal government’s strongest argument. [read post]
12 Aug 2013, 8:14 am
(Orin Kerr) Karen Sloan has the story here. [read post]
11 Aug 2013, 11:23 pm
(Orin Kerr) The New York Times reports: In a major shift in criminal justice policy, the Obama administration will move on Monday to ease overcrowding in federal prisons by ordering prosecutors to omit listing quantities of illegal substances in indictments for low-level drug cases, sidestepping federal laws that impose strict mandatory minimum sentences for drug-related offenses. [read post]
10 Aug 2013, 9:41 pm
(Orin Kerr) I’ve blogged a lot about the Ninth Circuit’s computer search decision in United States v. [read post]
8 Aug 2013, 3:15 pm
(Orin Kerr) Over at Walsh’s Law, Kevin Walsh responds to Dahlia Lithwick’s recent column on the Virginia cert petition seeking to review the Fourth Circuit’s decision in MacDonald v. [read post]
8 Aug 2013, 10:35 am
(Orin Kerr) Charlie Savage has a significant article in the NY Times about the scope of NSA surveillance involving people inside the United States and outside the United States. [read post]
8 Aug 2013, 7:21 am
Kerr (George Washington University - Law School) has posted The Next Generation Communications Privacy Act (University of Pennsylvania Law Review, Forthcoming) on SSRN. [read post]
6 Aug 2013, 1:34 pm
(Orin Kerr) A year ago, I had a short post on a new decision interpreting the federal gambling laws: Is Playing Texas Hold’ Em a Form of Gambling? [read post]
5 Aug 2013, 11:00 am
To begin with, as Orin Kerr has noted, third party data holders generally cannot assert a Constitutional protection on behalf of their customers. [read post]
2 Aug 2013, 2:08 pm
(Orin Kerr) The working paper is here, and it was released for comment yesterday. [read post]
1 Aug 2013, 10:22 pm
(Orin Kerr) My law school classmate Tim Edgar has a very interesting opinion essay in the Wall Street Journal arguing for greater transparency of the NSA’s surveillance activities. [read post]
1 Aug 2013, 7:33 pm
(Ilya Somin) Some commenters on Stewart Baker’s, Orin Kerr’s, and my recent posts on the Obama 2012 campaign’s possible violation of the Computer Fraud and Abuse Act argue that, even if the CFAA does criminalize use of websites in violation of their terms of service, the Obama campaign did not in fact violate Facebook’s TOS, as argued by cyberlaw expert Michael Vatis. [read post]
1 Aug 2013, 2:20 pm
(Orin Kerr) I think my co-blogger Stewart Baker is missing the point of Michael Vatis’s post on the Obama campaign and the CFAA. [read post]
1 Aug 2013, 12:48 pm
But, for reasons outlined by Orin Kerr here, I think Swartz’s conduct was a lot more problematic than merely giving someone else access to your Facebook account in violation of terms of service. [read post]
31 Jul 2013, 12:12 pm
(Orin Kerr) Readers will recall that when Glenn Greenwald released the FISC order indicating that the NSA was getting all domestic telephony metadata, that order was designated the “secondary order. [read post]
31 Jul 2013, 9:27 am
” Orin Kerr wrote up a summary of the case, In re: Application of the United States of American for Historical Cell Phone Data, at Vololk Conspiracy. [read post]
30 Jul 2013, 3:25 pm
(Orin Kerr) I recently posted a new draft article, The Next Generation Communications Privacy Act, forthcoming in the University of Pennsylvania Law Review. [read post]
30 Jul 2013, 2:46 pm
From Orin Kerr at The Volokh Conspiracy, commenting on a piece at CNET. [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]
30 Jul 2013, 8:20 am
(Orin Kerr) MIT has just released the long-awaited report by Hal Albelson about MIT’s involvement in the Aaron Swartz case: The 183-page report is here. [read post]
