Orin Kerr

Latest Headlines

Latest Headlines

FISC declassifies opinion supporting bulk telephony metadata collection

American telephone companies have at their disposal a "substantial and engaging adversarial process" to challenge the legality of Patriot Act orders for the bulk collection of telephone records by the intelligence community, but none have done so, says a newly declassified (but redacted) opinion by the Foreign Intelligence Surveillance Court.

Domestic UAVs provoke privacy concerns among panelists

UAVs equipped with sensors such as facial recognition technology create the possibility of continuous and ongoing biometric surveillance, said Laura Donohue, an associate professor of law at Georgetown Law School. Biometrics until now have mostly been collected on an individual basis, such as through fingerprinting after arrest or through biometric identification for access control. A UAV with biometric sensors "changes how we think about public space," she said.

DOJ seeks to expand Computer Fraud and Abuse Act

Congress should expand the Computer Fraud and Abuse Act so that violations no longer incur penalties that are weaker than those of analogous offline crimes, said Richard Downing, the Justice