|Present||Assistant Professor of Law, Washington and Lee University School of Law|
|JD, Duke University|
|BA, University of Kansas|
Office: 441 Sydney Lewis Hall
Orwell's 1984 and a Fourth Amendment Cybersurveillance Nonintrusion Test Washington Law Review (2017)
This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how ...
Algorithmic Jim Crow Fordham Law Review (2017)
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory ...
Taxonomy of the Snowden Disclosures Washington and Lee Law Review (2015)
This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates ...
Biometric ID Cybersurveillance 88 Indiana Law Journal 1475 (2013) (2013)
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports ...
Reverse-Commandeering University of California Davis Law Review (2013)
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves ...
Big Data Blacklisting Florida Law Review
“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to ...
Small Data Surveillance v. Big Data Cybersurveillance Pepperdine Law Review
This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data ...
Brief of Scholars of the History and Original Meaning of the Fourth Amendment as Amici Curiae in Support of Petitioner, Carpenter v. United States, No. 16-402 (U.S. Aug. 14, 2017) Georgetown Law Faculty Publications and Other Works (2017)
Obtaining and examining cell site location records to find a person is a “search” in any normal sense of the word — a search of documents and a search for a person and her personal ...