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When can the government read your email or monitor your web surfing? When can police search your phone or copy your computer files?
The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence, explaining the challenges courts confront as they translate old protections to a new technological world.
List of contents
- Introduction
- Part I Foundations
- 1: The Physical Fourth Amendment
- 2: Digital Evidence
- 3: Equilibrium-Adjustment
- 4: The Digital Fourth Amendment
- Part II Local Devices
- 5: Searches and Seizures
- 6: Warrants for Digital Evidence
- 7: Border Searches
- Part III Networks
- 8: Enter the Internet
- 9: The Carpenter Adjustment
- 10: Surveillance Big and Small
- 11: Buying Data
- Epilogue
About the author
Orin Kerr is the William G. Simon Professor at the University of California, Berkeley Law School. Widely considered the leading scholar of the Fourth Amendment of his generation, Kerr has been cited by courts over 400 times, including in several major Supreme Court cases, and he regularly appears in lists of the most influential and most cited law professors. Kerr's scholarship and advocacy have been widely profiled and his writing has appeared in publications such as The New York Times, The Washington Post, and The Wall Street Journal.
Before becoming a law professor, Kerr was a computer crime prosecutor at the United States Department of Justice. He has engineering degrees from Princeton and Stanford and a law degree from Harvard Law School. He is a former law clerk for Justice Anthony M. Kennedy of the United States Supreme Court.
Summary
When can the government read your email or monitor your web surfing? When can police search your phone or copy your computer files? The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence, explaining the challenges courts confront as they translate old protections to a new technological world.
Additional text
Ensuring that the law remains relevant in the face of rapidly changing technology is a complex and critically important topic-and this is especially true when it comes to the Fourth Amendment. In his insightful and nuanced new book, Orin Kerr, a preeminent scholar of this crucial constitutional provision, articulates a powerful, ultimately optimistic vision for maintaining the vitality of the Fourth Amendment in the digital age. - David Lat, founder of Original Jurisdiction
