Orin Kerr (Stanford Law) discusses his new book “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”

Topics include:

• The un-original Fourth Amendment
• Should crooks just not carry smartphones?
• Do originalists cheat on the 4A?
• SCOTUS 4A rulings as equilibrium adjustment
• Content vs. metadata
• The mosaic theory (is unworkable)
• Applying the 4A to tomorrow’s tech today

Links:

The Digital Fourth Amendment: Privacy and Policing in Our Online World

Tech Policy Podcast 368: How the Government Gets Your Data

Tech Policy Podcast 339: Will Tech Swallow the Fourth Amendment?

Tech Policy Podcast 294: Border Searches of Digital Devices