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New law review article: "Applying the Fourth Amendment to the Internet: A General Approach"

By John Wesley Hall, Jr.

Applying the Fourth Amendment to the Internet: A General Approach by Orin Kerr, 62 Stan. L. Rev. 1005 (2010). Full article here. First paragraph: This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will try to apply the Fourth Amendment to the Internet so that the Fourth Amendment has the same basic function online that it has offline. The Article reaches two major conclusions. First, Fourth Amendment protections online should depend on whether the data is content or non-content information. The contents of communications, like e-mail and remotely stored files, ordinarily should be protected. On the other hand, non-content information, such as IP addresses and e-mail addresses, ordinarily should not be protected...continue to full post

Full post as published by Fourth Amendment on August 27, 2010 (boomark / email).