Interviewing Orin Kerr on the Digital Fourth Amendment
The Cyberlaw Podcast is back from hiatus – briefly! I’ve used the hiatus well, skiing the Canadian Ski Marathon, trekking through Patagonia, and having a heart valve repaired (all good now!). So when I saw (and disagreed with ) Orin Kerr’s new book, I figured it was time for episode 502 of the Cyberlaw Podcast. Orin and I spend the episode digging into his book, The Digital Fourth Amendment: Privacy and Policing in Our Online World.
The book is part theory, part casebook, part policy roadmap—and somehow still manages to be readable, even for non-lawyers. Orin’s goal? To make sense of how the Fourth Amendment should apply in a world of smartphones, cloud storage, government-preserved Facebook accounts, and surveillance everywhere.
The core notion of the book is “equilibrium adjustment”—the idea that courts have always tweaked Fourth Amendment rules to preserve a ba
Article from Reason.com
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