Email Privacy Protected by Fourth Amendment

I think this will lead to securing transmission – or at least make point-to-point carriers responsible for the transmission of emails. To continue their analogy: the feds can’t roll up on a mail-carrier and raid your grandma’s Christmas card; they can’t wiretap your phone lines or cell towers (unless the president says they can under ‘national security’). They shouldn’t be allowed to spy on the Internet and grab email transmissions (but it says email storage).

In a landmark decision issued today in the criminal appeal of U.S. v. Warshak, the Sixth Circuit Court of Appeals has ruled that the government must have a search warrant before it can secretly seize and search emails stored by email service providers. Closely tracking arguments made by EFF in its amicus brief, the court found that email users have the same reasonable expectation of privacy in their stored email as they do in their phone calls and postal mail. Source: eff.org | Breaking News on EFF Victory: Appeals Court Holds that Email Privacy Protected by Fourth Amendment