Wednesday, June 17, 2015
David G. Delaney (Indiana University Maurer School of Law) has posted Widening the Aperture on Fourth Amendment Interests: A Comment on Orin Kerr's 'The Fourth Amendment and the Global Internet' (68 STAN. L. REV. ONLINE 9) on SSRN. Here is the abstract:
Physical-world law may not be suitable for cyberspace. For example, the Supreme Court's "sufficient connection" test in U.S. v. Verdugo-Urquidez (1990) is inconsistent with the century-long trend for courts to find greater constitutional protections for those subject to U.S. jurisdiction outside the United States. Courts must maintain flexibility to conceive of a Fourth Amendment that does not depend exclusively on territory to fulfill its twin aims of ordering government and enabling redress of liberty infringements. Federal and state courts and legislatures addressing searches, seizures, and surveillance in cyberspace should seek simple rules that can easily adapt as cyberspace and government uses of cyberspace evolve.