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14min chapter
Lawfare Daily: Orin Kerr on the Digital Fourth Amendment
The Lawfare Podcast
Navigating Fourth Amendment Complexity
This chapter examines the impact of the Carpenter decision on Fourth Amendment interpretations, focusing on data collection and privacy in the context of digital surveillance. It explores the challenges faced by defense lawyers in light of past Supreme Court rulings, particularly regarding mosaic theory and its implications for defining what constitutes a search. The discussion underscores the need for clearer legal standards in addressing the evolving landscape of data privacy and governmental authority.
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