PRIVACY + SECURITY BLOG

News, Developments, and Insights

Herring v. United States, the Exclusionary Rule, and Errors in Databases

Earlier this week, the U.S. Supreme Court decided Herring v. United States, a case examining whether the exclusionary rule should apply to a search that was based on an error in a database. In particular, due to a negligent error in a computer database indicating that there was an outstanding felony arrest warrant for Bennie […]

Privacy Expectations: Being Seen vs. Being Recorded

An interesting case from the Wisconsin Court of Appeals embodies what I believe is a thoughtful and nuanced understanding of privacy. The case is Wisconsin v. Jahnke, 2007AP2130-CR (Dec. 30, 2008). The case is a criminal prosecution of a man who secretly recorded his girlfriend in the nude, in violation of Wisconsin Statute § 942.09(2)(am). […]

William Cuddihy’s The Fourth Amendment: Origins and Original Meaning 602-1791

I’m delighted to announce the publication of William J. Cuddihy’s The Fourth Amendment: Origins and Original Meaning 602 – 1791 (Oxford University Press, January 2009). The book has just come out in print, hot off the press, and it’s an absolutely essential volume for any scholar of constitutional history, criminal procedure, or the Fourth Amendment. […]

Lori Drew and the Computer Fraud and Abuse Act

The Lori Drew trial is set to begin this week, and it is a travesty that this trial is even taking place. The basic facts of this case are that Drew was the mother of a teenage daughter and she created a fake MySpace profile for a fictional teen boy to befriend a classmate of […]