His argument is that: it would be inconvenient to follow the 4th amendment in the 21st century, because computers give people the technical power to have conversations in private that would be otherwise need to be public, so government should ignore the 4th amendment.
In short, there is no such interpretation, but government lackeys and show-off contrarians make up sophistic excuses for the governments illegal actions.
The problem is that Kerr's assessment of the impact of technology on searches and seizure is exactly backwards. Modern technology makes it far easier to intercept people's private correspondence, track their movements, and perform undetectable surveillance against them.
It's utterly absurd to suggest that technology gives us more opportunities for private conversations now than it did when audio and video couldn't be recorded and when written correspondence existed in the form of single-instance physical documents that could be sealed and examined for tampering.
So if the fourth amendment is to remain "technology-neutral", we need to be far more aggressive in its application, not less so. Encryption is, at best, a tool that helps people restore the former level of privacy that they would have expected in their correspondence.
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Orin Kerr explains: http://www.volokh.com/posts/1211991760.shtml
His argument is that: it would be inconvenient to follow the 4th amendment in the 21st century, because computers give people the technical power to have conversations in private that would be otherwise need to be public, so government should ignore the 4th amendment.
In short, there is no such interpretation, but government lackeys and show-off contrarians make up sophistic excuses for the governments illegal actions.
The problem is that Kerr's assessment of the impact of technology on searches and seizure is exactly backwards. Modern technology makes it far easier to intercept people's private correspondence, track their movements, and perform undetectable surveillance against them.
It's utterly absurd to suggest that technology gives us more opportunities for private conversations now than it did when audio and video couldn't be recorded and when written correspondence existed in the form of single-instance physical documents that could be sealed and examined for tampering.
So if the fourth amendment is to remain "technology-neutral", we need to be far more aggressive in its application, not less so. Encryption is, at best, a tool that helps people restore the former level of privacy that they would have expected in their correspondence.
"Sophistry" does not mean "I don't like the result of this educated and rational analysis."
No, it means "A plausible but misleading or fallacious argument"
What's fallacious about it?
Do you think it should be illegal to use unbreakable encryption to secure documents or conversations?