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The Technology Liberation Front
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.
Orin Kerr has a post up on the Volokh Conspiracy addressing my post here on his draft paper defending the third-party doctrine.
He echoes back the divide between us on what should animate analysis of the Fourth Amendment:
I treat the Fourth Amendment as a doctrine about criminal procedure%2 ... Continue reading »
He echoes back the divide between us on what should animate analysis of the Fourth Amendment:
I treat the Fourth Amendment as a doctrine about criminal procedure%2 ... Continue reading »
1 year ago
I would imagine that "papers and effects" would reasonably be construed by our founding fathers to include communications stored outside of our persons and homes, but in a location that is generally deemed private. What Kerr is arguing that is that our founding fathers would have been a-ok with the government rifling through our papers and effects stored at a local business (the 19th century equivalent to 3rd party storage), something that I think you and I both know that they would have been outraged over.