ORIN KERR: Do Users of Wi-Fi Networks Have Fourth Amendment Rights Against Government Interception? “The answer turns out to be surprisingly murky. Because the Wiretap Act has been thought to protect wireless networks, the Fourth Amendment issue has not come up: There’s a surprising lack of caselaw on it. Second, there are plausible arguments on either side of the debate both for encrypted and unencrypted transmissions. So I wanted to run through the arguments and then ask which side readers find more persuasive. I’ll start with unencrypted communications and then turn to encrypted communications.”
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