395: The Digital Fourth Amendment — With Orin Kerr


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Jan 23 2025 50 mins   15

Orin Kerr (Stanford Law) discusses his new book “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”

Topics include:

  • The un-original Fourth Amendment
  • Should crooks just not carry smartphones?
  • Do originalists cheat on the 4A?
  • SCOTUS 4A rulings as equilibrium adjustment
  • Content vs. metadata
  • The mosaic theory (is unworkable)
  • Applying the 4A to tomorrow’s tech today

Links:

The Digital Fourth Amendment: Privacy and Policing in Our Online World

Tech Policy Podcast 368: How the Government Gets Your Data

Tech Policy Podcast 339: Will Tech Swallow the Fourth Amendment?

Tech Policy Podcast 294: Border Searches of Digital Devices