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Orin Kerr @OrinKerr
, 5 tweets, 2 min read Read on Twitter
The CA2 hears oral argument Monday in a big 4th Amendment case on Sec 702 surveillance, US v. Hasbajrami. I hope the CA2 won't follow the very weird analysis of the CA9 in US v. Mohamud, for reasons I explained here. lawfareblog.com/surprisingly-w…
I wrote at length my views on how courts should approach many of these questions in this article, "The Fourth Amendment and the Global Internet," stanfordlawreview.org/wp-content/upl…
The case will be heard Monday with Judges Lynch, Carney, and Droney on the panel.
Of interest, Judge Lynch is a longtime Columbia Law School criminal procedure professor who has written opinions in many of the big CA2 4a/surveillance/tech cases: Ulbricht, Ganias en banc, Clapper, concurrence in MSFT, etc. Judge Carney notably wrote the CA2 maj op in MSFT, too.
It's also worth noting that this case may be influenced by the Supreme Court's recent Carpenter decision; we'll see how the CA2 thinks Carpenter may be relevant. More on the case here from @LizaGoitein: justsecurity.org/60439/american…
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