3 ms·
I highly recommend Orin Kerr's article, The Case For The Third Party Doctrine, on this issue (available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id
by jakewalker 14y ago
I highly recommend Orin Kerr's article, The Case For The Third Party Doctrine, on this issue (available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138128 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138128).
A much different constitutional analysis when the data is requested from a cellular service provider, versus when it is gathered directly by state actors (police).
Kerr is simply fantastic on these issues. Worth reading more of his Fourth Amendment writing if you are interested.
- einhverfr 14y agoKerr is an important professor and author in this area. He has also been a staunch academic opponent to further Constitutional controls, which has made his writings on Jones v United States and the 3rd Circuit cell site location case interesting to read. Look up things he has written about "Matrix" theory of fourth amendment protections. I don't think Kerr really grasps the level of unease that the courts are developing regarding the capability of dragnet surveillance by the government of this sort. But definitely, anything he has written is pretty much a must-read in this field. Edit: Also Prof. Kerr blogs at http://www.volokh.com http://www.volokh.com and http://www.scotusblog.com http://www.scotusblog.com