Orin Kerr is the nation's leading expert on how to safeguard the Constitution's guarantee of individual rights in a world of technological change unimaginable to the Framers. Everyone from journalists to Supreme Court justices turn to Kerr for clear-eyed, even-handed analysis, and this thoughtful book shows why. The Digital Fourth Amendment is a call to action for the Supreme Court to protect the Constitution's guarantee of individual privacy. I expect this incisive guide will be invaluable to the justices as they chart the path forward. - Robert Barnes, former Supreme Court reporter for The Washington Post

Orin Kerr is the law professor you wish you'd had-whether you're a lawyer or not. His case to update our search and seizure laws in the era of iPhones and Snapchat is an illuminating and fun ride for nerds of all stripes! - Sarah Isgur, ABC News legal analyst and host of Advisory Opinions

Kerr is the most thoughtful and thought-provoking thinker we have about the Fourth Amendment. In clear and accessible language for non-lawyers, Kerr explains the notoriously uneven road the Supreme Court has travelled, and offers lucid ways out of the thicket caused by the digital revolution resulting in our most personal information being in the hands of big tech companies. - Andrew Weissmann, MSNBC legal analyst and former General Counsel of the Federal Bureau of Investigation

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Ensuring that the law remains relevant in the face of rapidly changing technology is a complex and critically important topic-and this is especially true when it comes to the Fourth Amendment. In his insightful and nuanced new book, Orin Kerr, a preeminent scholar of this crucial constitutional provision, articulates a powerful, ultimately optimistic vision for maintaining the vitality of the Fourth Amendment in the digital age. - David Lat, founder of Original Jurisdiction

The final chapter on digital surveillance and data brokers and how they are able to act under the Fourth Amendment is a must read for any criminal law scholar and practitioner.

J. M. Keller-Aschenbach, Choice

When can the government read your email or monitor your web surfing? When can the police search your phone or copy your computer files? In the United States, the answers come from the Fourth Amendment to the Constitution and its ban on 'unreasonable searches and seizures.' The Digital Fourth Amendment: Privacy and Policing in Our Online World takes the reader inside the legal world of how courts are interpreting the Fourth Amendment in the digital age. Computers, smartphones, and the Internet have transformed criminal investigations, and even a routine crime is likely to lead to digital evidence. But courts are struggling to apply old Fourth Amendment concepts to the new digital world. Mechanically applying old rules from physical investigations doesn't make sense, as it often leads to dramatic expansions of government power just based on coincidences of computer design. Written by a prominent law professor whose scholarship has often been relied on by courts in the field, The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence. It explains the challenges courts confront as they translate old protections to a new technological world, bringing the reader up to date on the latest cases and rulings. Informed by legal history and the latest technology, this book gives courts a blueprint for legal change with clear rules for courts to adopt to restore our constitutional rights in the computer age.
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When can the government read your email or monitor your web surfing? When can police search your phone or copy your computer files? The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence, explaining the challenges courts confront as they translate old protections to a new technological world.
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Introduction Part I Foundations 1: The Physical Fourth Amendment 2: Digital Evidence 3: Equilibrium-Adjustment 4: The Digital Fourth Amendment Part II Local Devices 5: Searches and Seizures 6: Warrants for Digital Evidence 7: Border Searches Part III Networks 8: Enter the Internet 9: The Carpenter Adjustment 10: Surveillance Big and Small 11: Buying Data Epilogue
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Orin Kerr is the nation's leading expert on how to safeguard the Constitution's guarantee of individual rights in a world of technological change unimaginable to the Framers. Everyone from journalists to Supreme Court justices turn to Kerr for clear-eyed, even-handed analysis, and this thoughtful book shows why. The Digital Fourth Amendment is a call to action for the Supreme Court to protect the Constitution's guarantee of individual privacy. I expect this incisive guide will be invaluable to the justices as they chart the path forward. - Robert Barnes, former Supreme Court reporter for The Washington Post Orin Kerr is the law professor you wish you'd had-whether you're a lawyer or not. His case to update our search and seizure laws in the era of iPhones and Snapchat is an illuminating and fun ride for nerds of all stripes! - Sarah Isgur, ABC News legal analyst and host of Advisory Opinions Kerr is the most thoughtful and thought-provoking thinker we have about the Fourth Amendment. In clear and accessible language for non-lawyers, Kerr explains the notoriously uneven road the Supreme Court has travelled, and offers lucid ways out of the thicket caused by the digital revolution resulting in our most personal information being in the hands of big tech companies. - Andrew Weissmann, MSNBC legal analyst and former General Counsel of the Federal Bureau of Investigation Ensuring that the law remains relevant in the face of rapidly changing technology is a complex and critically important topic-and this is especially true when it comes to the Fourth Amendment. In his insightful and nuanced new book, Orin Kerr, a preeminent scholar of this crucial constitutional provision, articulates a powerful, ultimately optimistic vision for maintaining the vitality of the Fourth Amendment in the digital age. - David Lat, founder of Original Jurisdiction "The final chapter on digital surveillance and data brokers and how they are able to act under the Fourth Amendment is a must read for any criminal law scholar and practitioner." -- J. M. Keller-Aschenbach, Choice
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Orin Kerr is the William G. Simon Professor at the University of California, Berkeley Law School. Widely considered the leading scholar of the Fourth Amendment of his generation, Kerr has been cited by courts over 400 times, including in several major Supreme Court cases. He regularly appears in lists of the most influential and most cited law professors. Kerr's writing has appeared in publications such as The New York Times, The Washington Post, and The Wall Street Journal. Before becoming a law professor, Kerr was a computer crime prosecutor at the United States Department of Justice. He has engineering degrees from Princeton and Stanford and a law degree from Harvard Law School. He is a former law clerk for Justice Anthony M. Kennedy of the United States Supreme Court.
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Selling point: Offers original, timely insights on a current issue with increasing media interest Selling point: Provides clear guidance on the rules that govern our privacy and how these rules are changing Selling point: Reveals how courts are interpreting the Fourth Amendment in the digital age Selling point: Written by the leading scholar of criminal procedure in an accessible style
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Produktdetaljer

ISBN
9780190627072
Publisert
2025
Utgiver
Oxford University Press Inc
Vekt
544 gr
Høyde
238 mm
Bredde
167 mm
Dybde
21 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
264

Forfatter

Biografisk notat

Orin Kerr is the William G. Simon Professor at the University of California, Berkeley Law School. Widely considered the leading scholar of the Fourth Amendment of his generation, Kerr has been cited by courts over 400 times, including in several major Supreme Court cases, and he regularly appears in lists of the most influential and most cited law professors. Kerr's scholarship and advocacy have been widely profiled and his writing has appeared in publications such as The New York Times, The Washington Post, and The Wall Street Journal. Before becoming a law professor, Kerr was a computer crime prosecutor at the United States Department of Justice. He has engineering degrees from Princeton and Stanford and a law degree from Harvard Law School. He is a former law clerk for Justice Anthony M. Kennedy of the United States Supreme Court.