Tuesday, April 29, 2014
Orin Kerr has this post at The Volokh Conspiracy. In part:
The global nature of Internet surveillance is one of the many revelations from Edward Snowden’s disclosures that began last summer. A decade or two ago, Internet surveillance meant surveillance inside the United States. When asking how the Fourth Amendment applied to the Internet, we naturally assumed that the target, the evidence, and the government were inside the United States. But the Internet has changed. That assumption is less and less true. A fascinating opinion handed down on Friday from Magistrate Judge Francis in New York showcases the problem. In a routine application for a warrant to obtain a target’s e-mail in a domestic investigation, it turned out that the data was stored on a server in Ireland rather than the United States. How do the rules change? How should Fourth Amendment law adapt?