Orin Kerr
Lawfare
Berkeley, CA, United States
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Past articles by Orin:
The Supreme Court Reins In the CFAA in Van Buren
The Supreme Court handed down its first major decision construing the Computer Fraud and Abuse Act last week. The decision is a major victory for those of us who favor a narrow reading of the CFAA. It doesn't answer everything. But it answers a lot. → Read More
Indiana Supreme Court Creates a Clear Split on Compelled Decryption and the Fifth Amendment
Next stop, the U.S. Supreme Court? → Read More
Is the Supreme Court About to Take Its First Big CFAA Case?
Probably. And they certainly should. → Read More
Scraping A Public Website Doesn't Violate the CFAA, Ninth Circuit (Mostly) Holds
A major decision. → Read More
North Carolina Court Deepens Split on Private Searches of Digital Evidence
An important Fourth Amendment issue that may be headed to the U.S. Supreme Court. → Read More
Implementing Carpenter
Professor Kerr tackles new directions in Fourth Amendment law with two draft chapters from a forthcoming book. → Read More
The Fifth Amendment and Compelled Decryption
How should a court rule when the subject of an order to compel decryption of a device pleads the Fifth Amendment? → Read More
2018 Case Supplement for ‘Computer Crime Law, 4th Edition’
A midyear supplement to cover the Supreme Court's Carpenter decision, the Cloud Act, and more. → Read More
Judge Kavanaugh on the Fourth Amendment
How might a Justice Kavanaugh approach search and seizure cases ? → Read More
When Does a Carpenter Search Start – and When Does It Stop?
Carpenter holds, for the first time, that a search can occur without it being a taking of information from any particular place, thing, or person. → Read More
Does Carpenter Revolutionize the Law of Subpoenas?
There is a lot that is extraordinary and groundbreaking in Carpenter, but the case makes only a small and likely necessary resolution of an unsettled question in the law of subpoenas. → Read More
Understanding the Supreme Court’s Carpenter Decision
A primer on the privacy ruling the Supreme Court handed down on Friday. → Read More
Did Donald Trump Jr. Admit to Violating the Computer Fraud and Abuse Act?
The recently-released Minority report of the House Permanent Select Committee on Intelligence (HPSCI) discloses a copy of an e-mail sent by Donald J. Trump Jr., on September 21, 2016, to a group of top Trump campaign officials. The e-mail is interesting because Trump may have confessed in it to committing a federal crime, specifically 18 U.S.C. → Read More
Andrew McCarthy's Puzzling Argument, Round 2
McCarthy's weekly column responds to my recent Lawfare post. Here's why I'm very unconvinced by McCarthy's response. → Read More
Andrew McCarthy's Puzzling Argument
McCarthy accuses Mueller of "shredding” Justice Department policy. Here's why that's wrong. → Read More
Final Pre-Argument Thoughts on the Microsoft Case
Three points to consider before Tuesday's Supreme Court oral argument. → Read More
The Dubious Legal Claim Behind #ReleaseTheMemo
We should turn a critical eye toward the legal claim purportedly undergirding the Nunes memo. → Read More
The Dubious Legal Claim Behind #ReleaseTheMemo
We should turn a critical eye toward the legal claim purportedly undergirding the Nunes memo. → Read More
The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)
Professor Kerr's thoughts on the best way to establish Fourth Amendment rights in cell-site records. → Read More
Did the Special Counsel's Access to the Transition's Emails Violate the Fourth Amendment?
The answer is probably "no." But I don't think it's as obvious as many people seem to think. → Read More