Digital era confounds the courts – Tal Kopan –

The Founding Fathers weren’t big on texting.


Courts have long struggled to deal with key questions at the intersection of individual privacy and ever-advancing technology with little guidance from the Constitution or from prior cases – now judges and experts are hoping that’s about to change.

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The sense of urgency from the bench was shown recently when the First Circuit Court of Appeals declined to rehear a key privacy case and Chief Judge Sandra Lynch took the unusual step of issuing a statement calling on the Supreme Court to get involved: “Only the Supreme Court can finally resolve these issues, and I hope it will.”

Starting next week, the nation’s top court is set to consider whether to take up three key related cases, including the one Lynch encouraged them to take. Here are the big tech issues that could finally get decided:

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