Orin Kerr writes:
I’ve blogged a few times about Lavabit’s pending Fourth Circuit challenge to a civil contempt order for its refusal to turn over encryption keys that the government wanted to enable the government to conduct surveillance of Edward Snowden. (You can read my post on Lavabit’s opening brief here, and my post on the government’s brief here.) The Fourth Circuit held oral argument in the case earlier this week. The audio has been posted here, and I thought I would offer some comments on the argument.
My primary reaction is that the judges on the panel (Judges Niemeyer, Gregory, and Agee) didn’t see the case as raising the high-profile issues that have triggered so much press attention.
Read more on WaPo/Volokh Conspiracy.