Orin Kerr, Lawfare

Orin Kerr


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