Landmark Appeals Court Decision Extends 4th Amendment Rights to Email

[Kristijntje]

A federal appeals court on Monday issued a landmark decision (.pdf) that holds that e-mail has similar constitutional privacy protections as telephone communications, meaning that federal investigators who search and seize emails without obtaining probable cause warrants will now have to do so.

"This decision is of inestimable importance in a world where most of us have webmail accounts," said Kevin Bankston, a staff attorney for the Electronic Frontier Foundation...

The case boiled down to a Fourth Amendment argument, in which Warshak contended that the government overstepped its constitutional reach when it demanded e-mail records from his internet service providers. Under the 1986 federal Stored Communications Act (SCA), the government has regularly obtained e-mail from third parties without getting warrants and without letting targets of an investigation know (ergo, no opportunity to contest)...

full article: http://blog.wired.com/27bstroke6/2007/06...urt_s.html
the court decision (.pdf format): http://www.ca6.uscourts.gov/opinions.pdf...25p-06.pdf

[mandy]

More analysis of the decision:

A Circuit Court ruling handed down this week "marks a major recognition of the status of e-mail communications under the search and seizures requirements of the U.S. Constitution" by placing e-mail on par with wireline communications and postal mail...

"It will be interesting to follow the implications of this decision for the privacy of other emerging communications technologies, such as Voice over Internet Protocol (VoIP)," he said...

full article: http://ecommercetimes.com/story/SP5NFpwQ...lers.xhtml

[BellisimaJ.]

A federal appeals court on Monday issued a landmark decision (.pdf) that holds that e-mail has similar constitutional privacy protections as telephone communications, meaning that federal investigators who search and seize emails without obtaining probable cause warrants will now have to do so.

Oh sure. :  Call me a cynic, but why would our govt. abide by the 4th ammendment concerning email when they have refused to do so regarding phone conversations/wire tapping? 

Additionally, I would lay odds that this will wind up on the doorstep of the Supreme Court, and we all know how concerned about our rights they are. : : :

PS//I only skimmed the articles, so if I missed something, be sure to let me know.