Technology, Privacy, and the Courts: A Reply to Colb and Swire

Abstract:     
This is a brief reply to published comments by Professor Sherry Colb and Professor Peter Swire on an article by Professor Orin Kerr entitled, "The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution," forthcoming in the Michigan Law Review. This reply will be published along with the lead article and the comments by Swire and Colb.

The reply contains a response to Professor Colb followed by a response to Professor Swire. Topics covered include the relative competence of Congress and the Courts in the protection of privacy involving new technologies; the constitutional authority of Congress to protect privacy in new technologies; and the pragmatist case for reading privacy statutes broadly.

Keywords: "fourth amendment," privacy, computers

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