Orin S. Kerr | 2.21.2024 8:15 PM

In the last year or two, the U.S. Department of Justice has been arguing in federal courts of appeals that Terms of Service can narrow or eliminate Fourth Amendment rights in online accounts. If the government can win on this issue, it will largely defeat any claims to Fourth Amendment protection online. But as I argue in my just-published article, Terms of Service and Fourth........

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