Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

[theprez98]

Link to full article

CINCINNATI — Federal investigators overstepped constitutional bounds by searching stored e-mails without a warrant in a fraud investigation, a federal appeals court ruled Monday.

In a case closely watched by civil-liberties advocates in the still-emerging field of Internet privacy, a three-judge panel of the 6th U.S. Circuit Court of Appeals found that e-mail users have a reasonable expectation of privacy.

"It goes without saying that like the telephone earlier in our history, e-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in past," the appeals court said.

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[CP99]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

I'm glad to see some of our amendments are being upheld, but it feels like a small step forward in a time where leaps backwards are a way of life.

[BeefyMcNasty]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

It does provide a little warm feeling, knowing that the constitution is not completely ignored.

[bascule]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

Awesome!!!!

[jur1st]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

I'm looking forward to reading this opinion and contrasting it with the Torrentspy decision from a couple weeks ago.

[astcell]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

E-mail has privacy? If I send a letter snail mail and forget to lick the envelope and seal it do I still have an expectation of privacy?

[Deviant Ollam]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

E-mail has privacy? If I send a letter snail mail and forget to lick the envelope and seal it do I still have an expectation of privacy?

i think this may be one of those very rare occasions where the ignorant-AOL-user factor of the general public works in our favor somewhat. in terms of the judiciary's use of the reasonableness doctrine, i would say that the average computer use has a very real expectation of privacy in their email because they don't treat or interpret it like a postcard being handled by numerous, disparate mail carriers... most of the public (as far as i have encountered) sadly thinks that email is somehow secure or protected in some way.

it would follow then, based upon my understanding of things, that the courts could find a reasonable expectation of privacy on the part of the public, misguided though they may be.

[astcell]

Re: Court Rules E-Mail Search Without Warrant Violates Fourth Amendment

I guess by calling it e-MAIL we gave it the same status as mail. E-shout or e-blast would have been better, and more accurate.