President Trump’s new Supreme Court nominee will face more scrutiny for his ideological leanings around issues like abortion than his thoughts on tech, but we do know a bit about the latter.
On Monday, Trump nominated Brett Kavanaugh to fill the seat that opened when Justice Anthony Kennedy announced his retirement in late June. A list of Trump’s potential picks circulated previously and Kavanaugh was believed to be a frontrunner. Kavanaugh, who previously clerked for Kennedy, was appointed to the Washington D.C. Circuit Court of Appeals in 2003 by former president George W. Bush and eventually confirmed in 2006.
As future digital privacy cases wend their way toward the Supreme Court, Kavanaugh’s stated views on the NSA’s spying program could prove relevant. In 2015, Kavanaugh sided in favor of the NSA’s warrantless bulk collection of phone metadata, issuing strong support for the controversial practice and categorizing its collection as a “special need” that…