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The US Supreme Court Needs to Keep Up with Our Cellphones – and the NSA


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The US Supreme Court Needs to Keep Up with Our Cellphones – and the NSA

Yochai Benkler

Tuesday's US supreme court arguments involved a seemingly basic legal question about the future of the Fourth Amendment: do police officers need a warrant to search the cellphone of a person they arrest? But the two privacy cases pit against each other two very different conceptions of what it means to be a supreme court in the first place – and what it means to do constitutional law in the 21st century.