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Tech Policy Podcast

#294: Border Searches of Digital Devices

Tech Policy Podcast

TechFreedom

Technology

4.845 Ratings

🗓️ 25 June 2021

⏱️ 39 minutes

🧾️ Download transcript

Summary

Border agents have broad authority to search the smartphone or laptop of anyone entering the country. That might be about to change, however, if the Supreme Court takes up one of several cases challenging such searches. Professor Orin Kerr, of the University of California, Berkeley, School of Law, joins the show to discuss the interplay between the Fourth Amendment and the border, the Court’s evolving views on smart-device searches, and what might happen if any or all of these cases is taken up.

Transcript

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0:00.0

Welcome to the tech policy podcast. I'm Corbyn Barthold. Orrin Kura's here. He is a professor at the University of

0:16.2

California, Berkeley School of Law. He's a well-known guru of criminal procedure. More than 40 of his

0:24.2

law review articles have been cited in judicial opinions. Seven of them have been cited by the

0:30.3

Supreme Court, unless the court's cite to his work in an opinion earlier this month makes

0:35.1

eight.

0:38.7

Maybe he can tell us.

0:43.6

But indeed, in that recent opinion, Van Buren versus United States, which interprets the Computer Fraud and Abuse Act, Professor Kerr pops up all over the place, both through

0:49.9

his academic work and his amicus brief in the case, and in both the court's opinion and the

0:55.9

dissent. I, for one, am impressed. Today, though, we're going to be talking about another topic

1:04.1

on which Professor Kerr is an authority, border searches of digital devices. As Professor Kerr will explain, this area of law is a mess.

1:15.0

But at its conference this week, the Supreme Court will consider three cert petitions,

1:21.2

one brought by the federal government, one brought by the ACLU, and one brought by a pro se that give the justices a chance to provide some clarity.

1:33.1

Professor Kerr, it is an honor to have you on.

1:36.9

Corbin, it's great to be here.

1:38.5

It's a great topic and couldn't be more timely, so happy to talk.

1:42.4

Indeed.

1:43.1

We are recording this the day before the conference,

1:46.1

and this will probably come out before they reach a decision. But I have a feeling that most of our

1:51.8

listeners will know that this has either been granted or not. If it's granted, how timely.

1:57.7

If it's not, this remains a very important topic that is likely to get

2:01.2

taken sooner or later. So let's dive in. We're talking about the Fourth Amendment, the border,

2:09.1

and digital devices. So, you know, when you're entering the country, basically, can a border

...

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