Post details: Volokh: Thoughts on Orin’s Thoughts on Existing Fourth Amendment Doctrine

07/18/13

Permalink 03:23:31 am, by fourth, 117 words, 414 views   English (US)
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Volokh: Thoughts on Orin’s Thoughts on Existing Fourth Amendment Doctrine

Volokh: Thoughts on Orin’s Thoughts on Existing Fourth Amendment Doctrine by Randy Barnett:

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I want to thank Orin for his most informative and helpful analysis of how existing Fourth Amendment doctrine might govern the NSA telephone and Internet surveillance programs. But.... Actually there is no “but.” I just figured readers were expecting one. Orin’s analysis is very useful and provides lots of food for thought. Of particular relevance to the argument I advanced in the Wall Street Journal is the existing doctrinal treatment of seizures as distinct from subpoenas. And it is not clear that data seizures by the CFPB fall under the same existing doctrines that might justify a national security program like PRISM.

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"If it was easy, everybody would be doing it. It isn't, and they don't."
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Johnson v. United States, 333 U.S. 10, 13-14 (1948)


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