CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Tuesday, December 17, 2013

"Can the DC Circuit Use the Mosaic Theory to Invalidate the NSA Telephony Metadata Program?"

Orin Kerr has this post at The Volokh Conspiracy commenting on yesterday's opinion. In part:

In some sense, there is no real answer to the question. Maynard‘s mosaic theory is novel, strange, and yet also strikingly vague. Still, I thought it would be useful to imagine what issues the DC Circuit might encounter if it tries to fairly apply the Maynard precedent on appeal. There are two key issues. First, does the mosaic theory apply to the kind of data collection at issue in the NSA program? And second, if the theory applies generally, how does it apply specifically to the facts of the Klayman case?

| Permalink


Post a comment