What’s Wrong With Orin Kerr’s “Technology Neutrality”?
Tuesday, April 27th, 2010My last post laid the foundations for a discussion of Orin Kerr’s latest law review article, “Applying the Fourth Amendment to the Internet: A General Approach” (2010) 62 Stan.L.Rev. 1005.
Today’s post will focus on Kerr’s proposed application of the Fourth to the Internet. In particular, I write about his “technology neutral” content/non-content doctrine, explaining, among other things, why that label is a misnomer. (Or should I say why those labels are misnomers?) (more…)
