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Orin Kerr

What Orin Kerr thinks about privacy

@orin-kerr · 7 positions · On ppll ↗

Professor of law at Stanford, formerly a computer crime prosecutor at the US Justice Department, and the author of The Digital Fourth Amendment. Blogs at The Volokh Conspiracy about search and seizure law and computer crime.

Orin Kerr did not write this page.

We collected these quotes from things they published elsewhere, and every quote links to where it was said. They have no account here and have not endorsed this site. Quotes are word for word; the short line under each one is our own restatement, not their wording. Their own site. Is this you? Claim it or ask us to remove it. Or tell us what is wrong here.

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Only Orin Kerr on privacy. See everyone on privacy

3 dated positions, 2025, in their own words. Our reading of what Orin Kerr has said — not written or endorsed by them.

3 positions so far — this page is not yet offered to search engines.

  1. Our readingWhether the Fourth Amendment protects the terms you type into a search engine is a genuinely close question.

    Their wordsDoctrinally, either answer is at least plausible; even under my own take of what Carpenter means, it's not an easy call.

    ↗Are There Fourth Amendment Rights in Google Search Terms?reason.com 1st of 2 in this piece

  3. Our readingA company's terms of service cannot enlarge or shrink your constitutional privacy rights in either direction.

    Their wordsAs I have argued here, I don't think TOS alter Fourth Amendment rights—up or down.

    ↗Are There Fourth Amendment Rights in Google Search Terms?reason.com 2nd of 2 in this piece

  4. 9 months earlier

  5. Our readingApplying the old Fourth Amendment rules unchanged to digital evidence would gut its protection over time.

    Their wordsBecause of the way computers happen to work, sticking with the old rules would mean gutting Fourth Amendment protection over time.

    ↗The Idea of My New Book, The Digital Fourth Amendment—and Why It Mattersreason.com 2nd of 2 in this piece