The Sixth Circuit Court of Appeals has handed down a ruling that delights privacy advocates and Fourth Amendment purists: In U.S. v. Warshak, it found that the government should have obtained a search warrant before seizing and searching defendant Stephen Warshak’s emails, which were stored by email service providers. “If we accept that an email is analogous to a letter or a phone call, it is manifest that agents of the government cannot compel a commercial ISP to turn over the contents of an email without triggering the Fourth Amendment,” the decision reads.
Court Ruling Grants Email the Cloak of Privacy
Posted by: Erika Morphy December 15, 2010 01:03 PMThe Sixth Circuit Court of Appeals has handed down a ruling that delights privacy advocates and Fourth Amendment purists: In U.S. v. Warshak, it found that the government should have obtained a search warrant before seizing and searching defendant Stephen Warshak’s emails, which were stored by email service providers. “If we accept that an email is analogous to a letter or a phone call, it is manifest that agents of the government cannot compel a commercial ISP to turn over the contents of an email without triggering the Fourth Amendment,” the decision reads.